Privacy Act of 1974; New and Revised Systems of Records, 28016-28021 [2015-11745]
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28016
Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Notices
Published Rates 5 (GEPS—NPR 5),
resulting from its proposed creation of
GEPS—NPR 5 Version 2 prices.1 The
Postal Service also asks that the
Commission add GEPS—NPR 5 Version
2 to the GEPS—NPR 5 product grouping
in the competitive product list within
the Mail Classification Schedule. Notice
at 9.
To support its Notice, the Postal
Service filed a copy of the GEPS–NPR
5 Version 2 model contract; a copy of
the Governors’ Decision authorizing the
product; a set of maximum and
minimum prices; a certification of
compliance with 39 U.S.C. 3633(a); a
copy of a related management analysis;
an application for non-public treatment;
and supporting financial workpapers.
The Postal Service also identified the
Commission docket and the Governors’
Decision associated with the price
changes and addressed several
differences between the GEPS—NPR 5
Version 2 model contract and the
original GEPS—NPR 5 model contract.
Id. at 5–7.
II. Notice of Commission Action
The Commission establishes Docket
Nos. MC2015–23 and CP2015–65 for
consideration of matters raised by the
Notice.
The Commission invites comments on
whether the Postal Service’s filings are
consistent with the policies of 39 U.S.C.
3632, 3633, or 3642, 39 CFR 3015.5, and
39 CFR part 3020, subpart B. Comments
are due no later than May 18, 2015. The
public portions of these filings can be
accessed via the Commission’s Web site
(https://www.prc.gov).
The Commission appoints Curtis Kidd
to serve as Public Representative in
these dockets.
III. Ordering Paragraphs
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It is ordered:
1. The Commission establishes Docket
Nos. MC2015–23 and CP2015–65 to
consider the matters raised by the
Notice.
2. Pursuant to 39 U.S.C. 505, Curtis
Kidd is appointed to serve as officer of
the Commission (Public Representative)
to represent the interests of the general
public in these proceedings.
1 Notice of the United States Postal Service of
Change in Prices for Global Expedited Package
Services—Non-Published Rates 5 (GEPS—NPR 5
Version 2) and Application for Non-Public
Treatment of Materials Files Under Seal, May 7,
2015 (Notice). The Notice was filed pursuant to 39
CFR 3015.5 and Order No. 2320. See Docket Nos.
MC2015–23 and CP2015–29, Order No. 2320, Order
Adding Global Expedited Package Services—NonPublished Rates Contract 5 (GEPS—NPR 5) to the
Competitive Product List, January 13, 2015.
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18:20 May 14, 2015
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3. Comments by interested persons in
these proceedings are due no later than
May 18, 2015.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
RRB–21
By the Commission.
Shoshana M. Grove,
Secretary.
SYSTEM LOCATION:
[FR Doc. 2015–11684 Filed 5–14–15; 8:45 am]
BILLING CODE 7710–FW–P
RAILROAD RETIREMENT BOARD
Privacy Act of 1974; New and Revised
Systems of Records
Railroad Retirement Board.
ACTION: Notice: Publication of an
updated routine use for RRB Privacy Act
Systems of Records, RRB–21 and RRB–
22.
AGENCY:
We are updating an existing
routine use to release railroad worker
identifying information to any last
employer, or their designee allowing the
RRB to verify entitlement for benefits.
DATES: These changes become effective
as proposed without further notice on
June 24, 2015. We will file a report of
these Systems of Records Notices with
the Committee on Homeland Security
and Governmental Affairs of the Senate;
the Committee on Oversight and
Government Reform of the House of
Representatives; and the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB).
SUMMARY:
Send comments to Ms.
Martha P. Rico, Secretary to the Board,
Railroad Retirement Board, 844 North
Rush Street, Chicago, Illinois 60611–
2092.
ADDRESSES:
Mr.
Timothy Grant, Chief Privacy Officer,
Railroad Retirement Board, 844 North
Rush Street, Chicago, Illinois 60611–
2092; telephone 312–751–4869, or email
at tim.grant@rrb.gov.
SUPPLEMENTARY INFORMATION: We are
adding the term ‘or their designee’ to the
existing routine uses for our Privacy Act
System of Records Notices (SORNs),
RRB–21(q) and RRB–22(d) respectively.
This will allow the RRB to verify
entitlement for benefits if the railroad
worker’s previous employer has
designated a third party provider to
manage their employment information.
FOR FURTHER INFORMATION CONTACT:
By Authority of the Board.
Martha P. Rico,
Secretary to the Board.
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SYSTEM NAME:
Railroad Unemployment and Sickness
Insurance Benefit System
U.S. Railroad Retirement Board, 844
Rush Street, Chicago, Illinois 60611.
Regional and District Offices: See
Federal Register notice 79 FR 58910,
Appendix I, or our public Web site at:
https://www.rrb.gov/field/field.asp.
SECURITY CLASSIFICATION:
None.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Applicants and claimants for
unemployment and sickness (including
maternity) benefits under the Railroad
Unemployment Insurance Act: Some
railroad employees injured at work who
did not apply for Railroad
Unemployment Insurance Act benefits;
all railroad employees paid separation
allowances.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information pertaining to payment or
denial of an individual’s claim for
benefits under the Railroad
Unemployment Insurance Act: Name,
address, sex, social security number,
date of birth, total months of railroad
service (including creditable military
service), total creditable compensation
for base year, last employer and date last
worked before applying for benefits, last
rate of pay in base year, reason not
working, applications and claims filed,
benefit information for each claim filed,
disqualification periods and reasons for
disqualification, entitlement to benefits
under other laws, benefit recovery
information about personal injury
claims and pay for time not worked,
medical reports, placement data,
correspondence and telephone inquiries
to and about the claimant, record of
protest or appeal by claimant of adverse
determinations made on his claims.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 12(l) of the Railroad
Unemployment Insurance Act (45
U.S.C. 351, et. seq.).
PURPOSE(S):
The purpose of this system of records
is to carry out the function of collecting
and storing information in order to
administer the benefit program under
the Railroad Unemployment Insurance
Act.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS, AND
THE PURPOSES OF SUCH USES:
a. Beneficiary identifying information
may be disclosed to third party contacts
to determine if incapacity of the
beneficiary or potential beneficiary to
understand or use benefits exists, and to
determine the suitability of a proposed
representative payee.
b. In the event the Board has
determined to designate a person to be
the representative payee of an
incompetent beneficiary, disclosure of
information concerning the benefit
amount and other similar information
may be made to the representative payee
from the record of the individual.
c. Beneficiary identifying information,
address, check rate, date and number
may be released to the Treasury
Department to control for reclamation
and return outstanding benefit
payments, to issue benefit payments,
respond to reports of non-delivery and
to insure delivery of check to the correct
address or account of the beneficiary or
representative payee.
d. Beneficiary identifying
information, address, payment rate, date
and number, plus other necessary
supporting evidence may be released to
the U.S. Postal Service for investigation
of alleged forgery or theft of railroad
unemployment/sickness benefit
payments.
e. A record from this system of
records may be disclosed to a Federal
agency, in response to its request, in
connection with the hiring or retention
of an employee, the issuance of a
security clearance, the reporting of an
investigation of an employee, the letting
of a contract, the issuance of a license,
grant, or other benefit by the requesting
agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision in the
matter, provided that disclosure would
be clearly in the furtherance of the
interest of the subject individual.
f. Under Section 2(f), the Railroad
Retirement Board has the right to
recover benefits paid to an employee
who later receives remuneration for the
same period, therefore, the Railroad
Retirement Board may notify the person
or company paying the remuneration of
the Board’s right to recovery and the
amount of benefits to be refunded.
g. Under Section 12(o), the Railroad
Retirement Board is entitled to
reimbursement of sickness benefits paid
on account of the infirmity for which
damages are paid, consequently, the
Railroad Retirement Board may send a
notice of lien to the liable party, and,
upon request by the liable party, advise
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the amount of benefits subject to
reimbursement.
h. Beneficiary identifying
information, rate and entitlement data
may be released to the Social Security
Administration to correlate actions with
the administration of the Social Security
Act.
i. The last addresses and employer
information may be released to
Department of Health and Human
Services in conjunction with the Parent
Locator Service.
j. Benefit rate, entitlement and periods
paid may be disclosed to the Social
Security Administration, Bureau of
Supplemental Security Income to
federal, state and local welfare or public
aid agencies to assist them in processing
applications for benefits under their
respective programs.
k. Beneficiary identifying information,
entitlement, rate and other pertinent
data may be released to the Department
of Labor in conjunction with payment of
benefits under the Federal Coal Mine
and Safety Act.
l. Records may be referred to the
General Accountability Office for
auditing purposes and for collection of
debts arising from overpayments under
the Railroad Unemployment Insurance
Act.
m. If a request for information
pertaining to an individual is made by
an official of a labor organization, of
which the individual is a member,
information from the record of the
individual concerning his benefit or
anticipated benefit and concerning the
method of calculating that benefit may
be disclosed to the labor organization
official.
n. Pursuant to a request from an
employer covered by the Railroad
Retirement Act or the Railroad
Unemployment Insurance Act, or from
an organization under contract to an
employer or employers, information
regarding the Board’s payment of
unemployment or sickness benefits, the
methods by which such benefits are
calculated, entitlement data and present
address may be released to the
requesting employer or the organization
under contract to an employer or
employers for the purposes of
determining entitlement to and rates of
private supplemental pension, sickness
or unemployment benefits and to
calculate estimated benefits due.
o. Records may be disclosed in a court
proceeding relating to any claims for
benefits by the beneficiary under the
Railroad Unemployment Insurance Act
and may be disclosed during the course
of an administrative appeal to
individuals who need the records to
prosecute or decide the appeal or to
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individuals who are requested to
provide information relative to an issue
involved in the appeal.
p. Beneficiary identifying
information, entitlement data, benefit
rates and periods paid may be released
to the Veterans Administration to verify
continued entitlement to benefits.
q. (Updated) Identifying information
such as full name, social security
number, employee identification
number, date last worked, occupation,
and location last worked may be
released to any last employer, or their
designee, to verify entitlement for
benefits under the Railroad
Unemployment Insurance Act.
r. The amount of unemployment
benefits paid, if 10 dollars or more in a
calendar year, and claimant identifying
information, may be furnished to the
Internal Revenue Service for tax
administration purposes.
s. The name and address of a claimant
may be released to a Member of
Congress when the Member requests it
in order that he or she may
communicate with the claimant about
legislation which affects the railroad
unemployment insurance system.
t. Beneficiary identifying and claim
period information may be furnished to
states for the purposes of their notifying
the RRB whether claimants were paid
state unemployment or sickness benefits
and also whether wages were reported
for them. For claimants that a state
identifies as having received state
unemployment or sickness benefits,
RRB benefit information may be
furnished the state for the purpose of
recovery of the amount of the duplicate
payments which is made.
u. The amount of each sickness
benefit that is subject to a tier 1 railroad
retirement tax and the amount of the tier
1 tax withheld may be disclosed to the
claimant’s last railroad employer to
enable that employer to compute its tax
liability under the Railroad Retirement
Tax Act.
v. The amount of sickness benefits
paid and claimant identifying
information, except for sickness benefits
paid for an on-the-job injury, may be
furnished to the Internal Revenue
Service for tax administration purposes.
w. Entitlement data and benefit rates
may be released to any court, state
agency, or interested party, or to the
representative of such court, state
agency, or interested party in
connection with contemplated or actual
legal or administrative proceedings
concerning domestic relations and
support matters.
x. Identifying information and
information about a claim for benefits
filed may be disclosed to an employee’s
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base-year railroad employer and the
employee’s most recent railroad
employer, if different, in order to afford
that employer or those employers the
opportunity to submit information
concerning the claim. In addition, after
the claim has been paid, if the base-year
railroad employer appeals the decision
awarding benefits, all information
regarding the claim may be disclosed to
such base-year railroad employer that is
necessary and appropriate for it to fully
exercise its rights of appeal.
y. Non-medical information relating
to the determination of sickness benefits
may be disclosed to an insurance
company administering a medical
insurance program for railroad workers
for purposes of determining entitlement
to benefits under that program.
z. Scrambled Social Security Number
and complete home address information
of unemployment claimants may be
furnished to the Bureau of Labor
Statistics for use in its Local Area
Unemployment Statistics (LAUS)
program.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper, microforms, magnetic tape,
magnetic disk.
RETRIEVABILITY:
Social Security number (claim
number) and name.
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SAFEGUARDS:
Paper and Microforms: Maintained in
areas not accessible to the public in
metal filing cabinents. Access is limited
to authorized RRB employees. Offices
are locked during non-business hours.
Building has 24 hour on-site security
officers, closed circuit television
monitoring and intrusion detection
systems.
Magnetic tape and disks: Computer
and computer storage rooms are
restricted to authorized personnel; online query safeguards include a lock/
unlock password system, a terminal
oriented transaction matrix, role based
access controls and audit trail. For
electronic records, system securities are
established in accordance with National
Institute of Standards and Technology
(NIST) guidelines, including network
monitoring, defenses in-depth, incident
response and forensics. In addition to
the on-line query safeguards, they
include encryption of all data
transmitted and exclusive use of leased
telephone lines.
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RETENTION AND DISPOSAL:
SYSTEM LOCATION:
Paper and microform: Destroyed by
shredding in accordance with NIST
standards, no sooner than 7 years and
no later than 10 years after the close of
the benefit year.
Magnetic tape: Records are retained
for 90 days and then written over
following NIST guidelines. For disaster
recovery purposes certain tapes are
stored 12–18 months.
Magnetic disk: Continually updated
and retained for at least 7 but not more
than 10 years after the close of the
benefit year. When magnetic disk or
other electronic media is no longer
required or servicable, it is sanitized in
accordance with NIST guidelines.
U.S. Railroad Retirement Board, 844
Rush Street, Chicago, Illinois 60611
Regional and District Offices: See
Federal Register notice 79 FR 58910,
Appendix I, or our public Web site at:
https://www.rrb.gov/field/field.asp.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Programs—Director of Policy
and Systems, Railroad Retirement
Board, 844 Rush Street, Chicago, Illinois
60611–2092.
NOTIFICATION PROCEDURE:
Requests for information regarding an
individual’s record should be in writing,
including the full name, social security
number and railroad retirement claim
number (if any) of the individual. Before
information about any record will be
released, the individual may be required
to provide proof of identity, or
authorization from the individual to
permit release of information. Such
requests should be sent to: Office of
Programs—Director of Unemployment &
Program Support Division, Railroad
Retirement Board, 844 Rush Street,
Chicago, Illinois 60611.
RECORD ACCESS PROCEDURE:
See Notification section above.
CONTESTING RECORD PROCEDURE:
See Notification section above.
SECURITY CLASSIFICATION:
None.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(Updated) Applicants for retirement
and survivor benefits, (spouses,
divorced spouses, widows, surviving
divorced spouses, children, students,
parents, grandchildren), and individuals
who filed for lump-sum death benefits
and/or residual payments.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information pertaining to the payment
or denial of an individual’s claim for
benefits under the Railroad Retirement
Act: Name, address, social security
number, claim number, proofs of age,
marriage, relationship, death, military
service, creditable earnings and service
months (including military service),
entitlement to benefits under the Social
Security Act, programs administered by
the Veterans Administration, or other
benefit systems, rates, effective dates,
medical reports, correspondence and
telephone inquiries to and about the
beneficiary, suspension and termination
dates, health insurance effective date,
option, premium rate and deduction,
direct deposit data, employer pension
information, citizenship status and legal
residency status (for annuitants living
outside the United States), and tax
withholding information (instructions of
annuitants regarding number of
exemptions claimed and additional
amounts to be withheld, as well as
actual amounts withheld for tax
purposes).
RECORD SOURCE CATEGORIES:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Applicant, claimant or his or her
representative, physicians, employers,
labor organizations, federal, state, and
local government agencies, all Railroad
Retirement Board files, insurance
companies, attorneys, Congressmen,
liable parties (in personal injury cases),
funeral homes and survivors (for
payment of death benefits).
Section 7(b)(6) of the Railroad
Retirement Act of 1974 (U.S.C.
231f(b)(6)).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
*
None.
*
*
*
*
RRB–22
PURPOSE(S):
Records in this system of records are
maintained to administer the benefit
provisions of the Railroad Retirement
Act, sections of the Internal Revenue
Code related to the taxation of railroad
retirement benefits, and Title XVIII of
the Social Security Act as it pertains to
Medicare coverage for railroad
retirement beneficiaries.
SYSTEM NAME:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS, AND
THE PURPOSES OF SUCH USES:
Railroad Retirement, Survivor, and
Pensioner Benefit System.
a. Beneficiary identifying information
may be disclosed to third party contacts
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to determine if incapacity of the
beneficiary or potential beneficiary to
understand or use benefits exists, and to
determine the suitability of a proposed
representative payee.
b. In the event the Board has
determined to designate a person to be
the representative payee of an
incompetent beneficiary, disclosure of
information concerning the benefit
amount and other similar information
may be made to the representative payee
from the record of the individual.
c. Entitlement and benefit rates may
be released to primary beneficiaries
regarding secondary beneficiaries (or
vice versa) when the addition of such
beneficiary affects either the entitlement
or benefit payment.
d. (Updated) Identifying information
such as full name, address, date of birth,
social security number, employee
identification number, and date last
worked, may be released to any last
employer, or their designee, to verify
entitlement for benefits under the
Railroad Retirement Act.
e. Beneficiary identifying information,
address, check rates, number and date
may be released to the Department of
the Treasury to control for reclamation
and return of outstanding benefit
payments, to issue benefit payments, act
on report of non-receipt, to insure
delivery of payments to the correct
address of the beneficiary or
representative payee or to the proper
financial organization, and to
investigate alleged forgery, theft or
unlawful negotiation of railroad
retirement benefit checks or improper
diversion of payments directed to a
financial organization.
f. Beneficiary identifying information,
address, check rate, date, number and
other supporting evidence may be
released to the U.S. Postal Service for
investigation of alleged forgery or theft
of railroad retirement or social security
benefit checks.
g. Beneficiary identifying information,
entitlement data, medical evidence and
related evaluatory data and benefit rate
may be released to the Social Security
Administration and the Centers for
Medicare & Medicaid Services to
correlate actions with the
administration of Title II and Title XVIII
of the Social Security Act, as amended.
h. (Updated) Beneficiary identifying
information, including social security
account number, and supplemental
annuity amounts may be released to the
Internal Revenue Service.
i. Beneficiary identifying information,
entitlement, benefit rates, medical
evidence and related evaluatory data,
and months paid may be furnished to
the Veterans Administration for the
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purpose of assisting that agency in
determining eligibility for benefits or
verifying continued entitlement to and
the correct amount of benefits payable
under programs which it administers.
j. Beneficiary identifying information,
entitlement data and benefit rates may
be released to the Department of State
and embassy and consular officials, the
American Institute on Taiwan, and to
the Veterans Administration Regional
Office, Philippines, to aid in the
development of applications, supporting
evidence, and the continued eligibility
of beneficiaries and potential
beneficiaries living abroad.
k. Beneficiary identifying information,
entitlement, benefit rates and months
paid may be released to the Social
Security Administration (Bureau of
Supplemental Security Income) the
Centers for Medicare & Medicaid
Services, to federal, state and local
welfare or public aid agencies to assist
them in processing applications for
benefits under their respective
programs.
l. The last addresses and employer
information may be released to the
Department of Health and Human
Services in conjunction with the Parent
Locator Service.
m. Beneficiary identifying
information, entitlement, rate and other
pertinent data may be released to the
Department of Labor in conjunction
with payment of benefits under the
Federal Coal Mine and Safety Act.
n. Medical evidence may be released
to Board-appointed medical examiners
to carry out their functions.
o. Information obtained in the
administration of Title XVIII (Medicare)
which may indicate unethical or
unprofessional conduct of a physician
or practitioner providing services to
beneficiaries may be released to
Professional Standards Review
Organizations and State Licensing
Boards.
p. Information necessary to study the
relationship between benefits paid by
the Railroad Retirement Board and civil
service annuities may be released to the
Office of Personnel Management.
q. Records may be disclosed to the
General Accountability Office for
auditing purposes and for collection of
debts arising from overpayments under
Title II and Title XVIII of the Social
Security Act, as amended, or the
Railroad Retirement Act.
r. Pursuant to a request from an
employer covered by the Railroad
Retirement Act or the Railroad
Unemployment Insurance Act, or from
an organization under contract to an
employer or employers, information
regarding the Board’s payment of
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retirement benefits, the methods by
which such benefits are calculated,
entitlement data and present address
may be released to the requesting
employer or the organization under
contract to an employer or employers
for the purposes of determining
entitlement to and rates of private
supplemental pension, sickness or
unemployment benefits and to calculate
estimated benefits due.
s. If a request for information
pertaining to an individual is made by
an official of a labor organization of
which the individual is a member and
the request is made on behalf of the
individual, information from the record
of the individual concerning his benefit
or anticipated benefit and concerning
the method of calculating that benefit
may be disclosed to the labor
organization official.
t. Records may be disclosed in a court
proceeding relating to any claims for
benefits by the beneficiary under the
Railroad Retirement Act, and may be
disclosed during the course of an
administrative appeal to individuals
who need the records to prosecute or
decide the appeal or to individuals who
are requested to provide information
relative to an issue involved in the
appeal.
u. The amount of a residual lump-sum
payment and the identity of the payee
may be released to the Internal Revenue
Service for tax audit purposes.
v. The amount of any death benefit or
annuities accrued but unpaid at death
and the identity of such payee may be
released to the appropriate state taxing
authorities for tax assessment and
auditing purposes.
w. Beneficiary identifying
information, including but not limited
to name, address, social security
account number, payroll number and
occupation, the fact of entitlement and
benefit rate may be released to the
Pension Benefit Guaranty Corporation to
enable that agency to determine and pay
supplemental pensions to qualified
railroad retirees.
x. Medical records may be disclosed
to vocational consultants in
administrative proceedings.
y. Date employee filed application for
annuity to the last employer under the
Railroad Retirement Act for use in
determining entitlement to continued
major medical benefits under insurance
programs negotiated with labor
organizations.
z. Information regarding the
determination and recovery of an
overpayment made to an individual may
be released to any other individual from
whom any portion of the overpayment
is being recovered.
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aa. The name and address of an
annuitant may be released to a Member
of Congress when the Member requests
it in order that he or she may
communicate with the annuitant about
legislation which affects the railroad
retirement system.
bb. Certain identifying information
about annuitants, such as name, social
security number, RRB claim number,
and date of birth, as well as address,
year and month last worked for a
railroad, last railroad occupation,
application filing date, annuity
beginning date, identity of last railroad
employer, total months of railroad
service, sex, disability onset date,
disability freeze onset date, and cause
and effective date of annuity
termination may be furnished to
insurance companies for administering
group life and medical insurance plans
negotiated between certain participating
railroad employers and railway labor
organizations.
cc. For payments made after
December 31, 1983, beneficiary
identifying information, address,
amounts of benefits paid and repaid,
beneficiary withholding instructions,
and amounts withheld by the RRB for
tax purposes may be furnished to the
Internal Revenue Service for tax
administration purposes.
dd. Last address and beneficiary
identifying information may be
furnished to railroad employers for the
purpose of mailing railroad passes to
retired employees and their families.
ee. Entitlement data and benefits rates
may be released to any court, state
agency, or interested party, or to the
representative of such court, state
agency, or interested party, in
connection with contemplated or actual
legal or administrative proceedings
concerning domestic relations and
support matters.
ff. Identifying information about
annuitants and applicants may be
furnished to agencies and/or companies
from which such annuitants and
applicants are receiving or may receive
worker’s compensation, public pension,
or public disability benefits in order to
verify the amount by which Railroad
Retirement Act benefits must be
reduced, where applicable.
gg. Disability annuitant identifying
information may be furnished to state
employment agencies for the purpose of
determining whether such annuitants
were employed during times they
receive disability benefits.
hh. Identifying information about
Medicare-entitled beneficiaries who
may be working may be disclosed to the
Centers for Medicare & Medicaid
Services for the purposes of determining
VerDate Sep<11>2014
18:20 May 14, 2015
Jkt 235001
whether Medicare should be the
secondary payer of benefits for such
individuals.
ii. Disclosure of information in claim
folders is authorized for bonafide
researchers doing epidemiological/
mortality studies approved by the RRB
who agree to record only information
pertaining to deceased beneficiaries.
jj. Identifying information for
beneficiaries, such as name, SSN, and
date of birth, may be furnished to the
Social Security Administration and to
any State for the purpose of enabling the
Social Security Administration or State
through a computer or manual matching
program to assist the RRB in identifying
female beneficiaries who remarried but
who may not have notified the RRB of
their remarriage.
kk. An employee’s date last worked,
annuity filing date, annuity beginning
date, and the month and year of death
may be furnished to AMTRAK when
such information is needed by
AMTRAK to make a determination
whether to award a travel pass to either
the employee or the employee’s widow.
ll. The employee’s social security
number may be disclosed to an
individual eligible for railroad
retirement benefits on the employee’s
earnings record when the employee’s
social security number would be
contained in the railroad retirement
claim number.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper, microforms, magnetic tape and
magnetic disk.
RETRIEVABILITY:
Claim number, social security number
and full name.
SAFEGUARDS:
Paper and Microforms: Maintained in
areas not accessible to the public in
metal filing cabinents. Access is limited
to authorizied RRB employees. Offices
are locked during non-business hours.
Building has 24 hour on-site security
officers, closed circuit television
monitoring and intrusion detection
systems.
Magnetic tape and disks: Computer
and computer storage rooms are
restricted to authorized personnel; online query safeguards include a lock/
unlock password system, a terminal
oriented transaction matrix, role based
access controls and audit trail. For
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Frm 00136
Fmt 4703
Sfmt 4703
electronic records, system securities are
established in accordance with National
Institute of Standards and Technology
(NIST) guidelines, including network
monitoring, defenses in-depth, incident
response and forensics. In addition to
the on-line query safeguards, they
include encryption of all data
transmitted and exclusive use of leased
telephone lines.
RETENTION AND DISPOSAL:
Paper: Identify and transfer inactive
folders to FRC periodically, Transfer to
National Archives 7 years after the close
of the fiscal year folders were
determined to be inactive.
Electronically imaged documents:
Destroy 90 days after the date scanned
into the system or after completion of
the quality assurance process,
whichever is later.
Magnetic tape: Magnetic tape records
are used to daily update the disk file,
are retained for 90 days and then
written over. For disaster recovery
purposes certain tapes are stored 12–18
months.
Magnetic disk: Continually updated
and permanently retained.
Electronically imaged documents.
Destroy/delete individual claimant data
7 years after the close of the fiscal year
determined to be inactive.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Programs—Director of Policy
and Systems, Railroad Retirement
Board, 844 Rush Street, Chicago, Illinois
60611–2092
NOTIFICATION PROCEDURE:
Requests for information regarding an
individual’s records should be in
writing, including the full name, social
security number and railroad retirement
claim number(if any) of the individual.
Before information about any records
will be released, the individual may be
required to provide proof of identity, or
authorization from the individual to
permit release of information. Such
requests should be sent to: Director of
Unemployment & Programs Support
Division, Railroad Retirement Board,
844 Rush Street, Chicago, Illinois
60611–2092.
RECORD ACCESS PROCEDURE:
See Notification section above.
CONTESTING RECORD PROCEDURE:
See Notification section above.
RECORD SOURCE CATEGORIES:
Individual applicants or their
representatives, railroad employers,
other employers, physicians, labor
organizations, federal, state and local
government agencies, attorneys, funeral
E:\FR\FM\15MYN1.SGM
15MYN1
28021
Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Notices
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Remi Pavlik-Simon,
100 F Street NE., Washington, DC 20549
or by sending an email to PRA_
Mailbox@sec.gov. Comments must be
submitted within 30 days of this notice.
homes, congressmen, schools, foreign
government.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
*
None.
*
*
*
*
Date: May 12, 2015.
Martha P. Rico,
For The Board Secretary to the Board.
[FR Doc. 2015–11745 Filed 5–14–15; 8:45 am]
BILLING CODE 7905–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736
mstockstill on DSK4VPTVN1PROD with NOTICES
Extension:
Rule 15g–5; SEC File No. 270–348, OMB
Control No. 3235–0394.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
(‘‘OMB’’) a request for approval of
extension of the previously approved
collection of information provided for in
Rule 15g–5—Disclosure of
Compensation of Associated Persons in
Connection with Penny Stock
Transactions—(17 CFR 240.15g–5)
under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
Rule 15g–5 requires brokers and
dealers to disclose to customers the
amount of compensation to be received
by their sales agents in connection with
penny stock transactions. The purpose
of the rule is to increase the level of
disclosure to investors concerning
penny stocks generally and specific
penny stock transactions.
The Commission estimates that
approximately 221 broker-dealers will
spend an average of 87 hours annually
to comply with the rule. Thus, the total
compliance burden is approximately
19,245 burden-hours per year.
Rule 15g–5 contains record retention
requirements. Compliance with the rule
is mandatory.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
The public may view background
documentation for this information
collection at the following Web site:
VerDate Sep<11>2014
18:20 May 14, 2015
Jkt 235001
Dated: May 11, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015–11728 Filed 5–14–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74923; File No. SR–CBOE–
2015–030]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Floor Broker
Errors and the Use of Floor Broker
Error Accounts
May 11, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 30,
2015, Chicago Board Options Exchange,
Incorporated (the ‘‘Exchange’’ or
‘‘CBOE’’) filed with the Securities and
Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange seeks to update its
rules related to floor broker errors and
the use of floor broker error accounts.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
2 17
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
The text of the proposed rule change is
provided below.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
*
Chicago Board Options Exchange,
Incorporated Rules
*
*
*
*
*
Rule 6.79. Floor Broker Practices
(a) Liquidation or Reduction of Error
Account Positions. For a position
obtained as a result of a bona fide error,
a floor broker may reduce or liquidate
a position in the floor broker’s error
account (‘‘error account position’’) in
accordance with this Rule, but any
profit/loss from the liquidation or
reduction belongs to the floor broker
(‘‘liquidating floor broker’’).
A liquidating floor broker may
personally represent an order that will
liquidate or reduce the broker’s error
account position (‘‘liquidation order’’);
however, a liquidating floor broker may
not cross a liquidation order with a
client’s order also represented by the
liquidating floor broker, unless the
liquidating floor broker either: (1) Prior
to executing the orders, the liquidating
floor broker informs the client of the
broker’s intention to execute the client’s
order against an order for the floor
broker’s error account and the client
does not object; (2) the liquidating floor
broker sends the liquidation order to an
unassociated broker; or (3) the
liquidating floor broker sends the
client’s order to a PAR Official. For 1
through 3 above, the client’s order must
either be displayed in the relevant order
book or announced in open outcry in
accordance with Rule 6.74. An
unassociated broker for purposes of this
rule is any broker who is not directly or
indirectly controlling, controlled by, or
under common control with the
liquidating floor broker. After a floor
broker executes a liquidation order, the
floor brokers must notify the Exchange
in a form and manner prescribed by the
Exchange via Regulatory Circular.
(b) Erroneously Executed Orders.
Orders erroneously executed (e.g.,
executing a call order as a put or a buy
order as a sell) on the Exchange must
clear in the error account of the floor
broker that executed the erroneous
order, unless the erroneously executed
orders are nullified pursuant to a
mutual agreement under Exchange
Rules. It shall be considered conduct
inconsistent with just and equitable
principals of trade and a violation of
Rule 4.1 for a floor broker to give a trade
acquired through an error to another
Trading Permit Holder or for a Trading
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Notices]
[Pages 28016-28021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11745]
=======================================================================
-----------------------------------------------------------------------
RAILROAD RETIREMENT BOARD
Privacy Act of 1974; New and Revised Systems of Records
AGENCY: Railroad Retirement Board.
ACTION: Notice: Publication of an updated routine use for RRB Privacy
Act Systems of Records, RRB-21 and RRB-22.
-----------------------------------------------------------------------
SUMMARY: We are updating an existing routine use to release railroad
worker identifying information to any last employer, or their designee
allowing the RRB to verify entitlement for benefits.
DATES: These changes become effective as proposed without further
notice on June 24, 2015. We will file a report of these Systems of
Records Notices with the Committee on Homeland Security and
Governmental Affairs of the Senate; the Committee on Oversight and
Government Reform of the House of Representatives; and the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB).
ADDRESSES: Send comments to Ms. Martha P. Rico, Secretary to the Board,
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois
60611-2092.
FOR FURTHER INFORMATION CONTACT: Mr. Timothy Grant, Chief Privacy
Officer, Railroad Retirement Board, 844 North Rush Street, Chicago,
Illinois 60611-2092; telephone 312-751-4869, or email at
tim.grant@rrb.gov.
SUPPLEMENTARY INFORMATION: We are adding the term `or their designee'
to the existing routine uses for our Privacy Act System of Records
Notices (SORNs), RRB-21(q) and RRB-22(d) respectively. This will allow
the RRB to verify entitlement for benefits if the railroad worker's
previous employer has designated a third party provider to manage their
employment information.
By Authority of the Board.
Martha P. Rico,
Secretary to the Board.
* * * * *
RRB-21
SYSTEM NAME:
Railroad Unemployment and Sickness Insurance Benefit System
SYSTEM LOCATION:
U.S. Railroad Retirement Board, 844 Rush Street, Chicago, Illinois
60611. Regional and District Offices: See Federal Register notice 79 FR
58910, Appendix I, or our public Web site at: https://www.rrb.gov/field/field.asp.
SECURITY CLASSIFICATION:
None.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants and claimants for unemployment and sickness (including
maternity) benefits under the Railroad Unemployment Insurance Act: Some
railroad employees injured at work who did not apply for Railroad
Unemployment Insurance Act benefits; all railroad employees paid
separation allowances.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information pertaining to payment or denial of an individual's
claim for benefits under the Railroad Unemployment Insurance Act: Name,
address, sex, social security number, date of birth, total months of
railroad service (including creditable military service), total
creditable compensation for base year, last employer and date last
worked before applying for benefits, last rate of pay in base year,
reason not working, applications and claims filed, benefit information
for each claim filed, disqualification periods and reasons for
disqualification, entitlement to benefits under other laws, benefit
recovery information about personal injury claims and pay for time not
worked, medical reports, placement data, correspondence and telephone
inquiries to and about the claimant, record of protest or appeal by
claimant of adverse determinations made on his claims.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 12(l) of the Railroad Unemployment Insurance Act (45 U.S.C.
351, et. seq.).
PURPOSE(S):
The purpose of this system of records is to carry out the function
of collecting and storing information in order to administer the
benefit program under the Railroad Unemployment Insurance Act.
[[Page 28017]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS, AND THE PURPOSES OF SUCH USES:
a. Beneficiary identifying information may be disclosed to third
party contacts to determine if incapacity of the beneficiary or
potential beneficiary to understand or use benefits exists, and to
determine the suitability of a proposed representative payee.
b. In the event the Board has determined to designate a person to
be the representative payee of an incompetent beneficiary, disclosure
of information concerning the benefit amount and other similar
information may be made to the representative payee from the record of
the individual.
c. Beneficiary identifying information, address, check rate, date
and number may be released to the Treasury Department to control for
reclamation and return outstanding benefit payments, to issue benefit
payments, respond to reports of non-delivery and to insure delivery of
check to the correct address or account of the beneficiary or
representative payee.
d. Beneficiary identifying information, address, payment rate, date
and number, plus other necessary supporting evidence may be released to
the U.S. Postal Service for investigation of alleged forgery or theft
of railroad unemployment/sickness benefit payments.
e. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision in the
matter, provided that disclosure would be clearly in the furtherance of
the interest of the subject individual.
f. Under Section 2(f), the Railroad Retirement Board has the right
to recover benefits paid to an employee who later receives remuneration
for the same period, therefore, the Railroad Retirement Board may
notify the person or company paying the remuneration of the Board's
right to recovery and the amount of benefits to be refunded.
g. Under Section 12(o), the Railroad Retirement Board is entitled
to reimbursement of sickness benefits paid on account of the infirmity
for which damages are paid, consequently, the Railroad Retirement Board
may send a notice of lien to the liable party, and, upon request by the
liable party, advise the amount of benefits subject to reimbursement.
h. Beneficiary identifying information, rate and entitlement data
may be released to the Social Security Administration to correlate
actions with the administration of the Social Security Act.
i. The last addresses and employer information may be released to
Department of Health and Human Services in conjunction with the Parent
Locator Service.
j. Benefit rate, entitlement and periods paid may be disclosed to
the Social Security Administration, Bureau of Supplemental Security
Income to federal, state and local welfare or public aid agencies to
assist them in processing applications for benefits under their
respective programs.
k. Beneficiary identifying information, entitlement, rate and other
pertinent data may be released to the Department of Labor in
conjunction with payment of benefits under the Federal Coal Mine and
Safety Act.
l. Records may be referred to the General Accountability Office for
auditing purposes and for collection of debts arising from overpayments
under the Railroad Unemployment Insurance Act.
m. If a request for information pertaining to an individual is made
by an official of a labor organization, of which the individual is a
member, information from the record of the individual concerning his
benefit or anticipated benefit and concerning the method of calculating
that benefit may be disclosed to the labor organization official.
n. Pursuant to a request from an employer covered by the Railroad
Retirement Act or the Railroad Unemployment Insurance Act, or from an
organization under contract to an employer or employers, information
regarding the Board's payment of unemployment or sickness benefits, the
methods by which such benefits are calculated, entitlement data and
present address may be released to the requesting employer or the
organization under contract to an employer or employers for the
purposes of determining entitlement to and rates of private
supplemental pension, sickness or unemployment benefits and to
calculate estimated benefits due.
o. Records may be disclosed in a court proceeding relating to any
claims for benefits by the beneficiary under the Railroad Unemployment
Insurance Act and may be disclosed during the course of an
administrative appeal to individuals who need the records to prosecute
or decide the appeal or to individuals who are requested to provide
information relative to an issue involved in the appeal.
p. Beneficiary identifying information, entitlement data, benefit
rates and periods paid may be released to the Veterans Administration
to verify continued entitlement to benefits.
q. (Updated) Identifying information such as full name, social
security number, employee identification number, date last worked,
occupation, and location last worked may be released to any last
employer, or their designee, to verify entitlement for benefits under
the Railroad Unemployment Insurance Act.
r. The amount of unemployment benefits paid, if 10 dollars or more
in a calendar year, and claimant identifying information, may be
furnished to the Internal Revenue Service for tax administration
purposes.
s. The name and address of a claimant may be released to a Member
of Congress when the Member requests it in order that he or she may
communicate with the claimant about legislation which affects the
railroad unemployment insurance system.
t. Beneficiary identifying and claim period information may be
furnished to states for the purposes of their notifying the RRB whether
claimants were paid state unemployment or sickness benefits and also
whether wages were reported for them. For claimants that a state
identifies as having received state unemployment or sickness benefits,
RRB benefit information may be furnished the state for the purpose of
recovery of the amount of the duplicate payments which is made.
u. The amount of each sickness benefit that is subject to a tier 1
railroad retirement tax and the amount of the tier 1 tax withheld may
be disclosed to the claimant's last railroad employer to enable that
employer to compute its tax liability under the Railroad Retirement Tax
Act.
v. The amount of sickness benefits paid and claimant identifying
information, except for sickness benefits paid for an on-the-job
injury, may be furnished to the Internal Revenue Service for tax
administration purposes.
w. Entitlement data and benefit rates may be released to any court,
state agency, or interested party, or to the representative of such
court, state agency, or interested party in connection with
contemplated or actual legal or administrative proceedings concerning
domestic relations and support matters.
x. Identifying information and information about a claim for
benefits filed may be disclosed to an employee's
[[Page 28018]]
base-year railroad employer and the employee's most recent railroad
employer, if different, in order to afford that employer or those
employers the opportunity to submit information concerning the claim.
In addition, after the claim has been paid, if the base-year railroad
employer appeals the decision awarding benefits, all information
regarding the claim may be disclosed to such base-year railroad
employer that is necessary and appropriate for it to fully exercise its
rights of appeal.
y. Non-medical information relating to the determination of
sickness benefits may be disclosed to an insurance company
administering a medical insurance program for railroad workers for
purposes of determining entitlement to benefits under that program.
z. Scrambled Social Security Number and complete home address
information of unemployment claimants may be furnished to the Bureau of
Labor Statistics for use in its Local Area Unemployment Statistics
(LAUS) program.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper, microforms, magnetic tape, magnetic disk.
RETRIEVABILITY:
Social Security number (claim number) and name.
SAFEGUARDS:
Paper and Microforms: Maintained in areas not accessible to the
public in metal filing cabinents. Access is limited to authorized RRB
employees. Offices are locked during non-business hours. Building has
24 hour on-site security officers, closed circuit television monitoring
and intrusion detection systems.
Magnetic tape and disks: Computer and computer storage rooms are
restricted to authorized personnel; on-line query safeguards include a
lock/unlock password system, a terminal oriented transaction matrix,
role based access controls and audit trail. For electronic records,
system securities are established in accordance with National Institute
of Standards and Technology (NIST) guidelines, including network
monitoring, defenses in-depth, incident response and forensics. In
addition to the on-line query safeguards, they include encryption of
all data transmitted and exclusive use of leased telephone lines.
RETENTION AND DISPOSAL:
Paper and microform: Destroyed by shredding in accordance with NIST
standards, no sooner than 7 years and no later than 10 years after the
close of the benefit year.
Magnetic tape: Records are retained for 90 days and then written
over following NIST guidelines. For disaster recovery purposes certain
tapes are stored 12-18 months.
Magnetic disk: Continually updated and retained for at least 7 but
not more than 10 years after the close of the benefit year. When
magnetic disk or other electronic media is no longer required or
servicable, it is sanitized in accordance with NIST guidelines.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Programs--Director of Policy and Systems, Railroad
Retirement Board, 844 Rush Street, Chicago, Illinois 60611-2092.
NOTIFICATION PROCEDURE:
Requests for information regarding an individual's record should be
in writing, including the full name, social security number and
railroad retirement claim number (if any) of the individual. Before
information about any record will be released, the individual may be
required to provide proof of identity, or authorization from the
individual to permit release of information. Such requests should be
sent to: Office of Programs--Director of Unemployment & Program Support
Division, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois
60611.
RECORD ACCESS PROCEDURE:
See Notification section above.
CONTESTING RECORD PROCEDURE:
See Notification section above.
RECORD SOURCE CATEGORIES:
Applicant, claimant or his or her representative, physicians,
employers, labor organizations, federal, state, and local government
agencies, all Railroad Retirement Board files, insurance companies,
attorneys, Congressmen, liable parties (in personal injury cases),
funeral homes and survivors (for payment of death benefits).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
* * * * *
RRB-22
SYSTEM NAME:
Railroad Retirement, Survivor, and Pensioner Benefit System.
SYSTEM LOCATION:
U.S. Railroad Retirement Board, 844 Rush Street, Chicago, Illinois
60611 Regional and District Offices: See Federal Register notice 79 FR
58910, Appendix I, or our public Web site at: https://www.rrb.gov/field/field.asp.
SECURITY CLASSIFICATION:
None.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(Updated) Applicants for retirement and survivor benefits,
(spouses, divorced spouses, widows, surviving divorced spouses,
children, students, parents, grandchildren), and individuals who filed
for lump-sum death benefits and/or residual payments.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information pertaining to the payment or denial of an individual's
claim for benefits under the Railroad Retirement Act: Name, address,
social security number, claim number, proofs of age, marriage,
relationship, death, military service, creditable earnings and service
months (including military service), entitlement to benefits under the
Social Security Act, programs administered by the Veterans
Administration, or other benefit systems, rates, effective dates,
medical reports, correspondence and telephone inquiries to and about
the beneficiary, suspension and termination dates, health insurance
effective date, option, premium rate and deduction, direct deposit
data, employer pension information, citizenship status and legal
residency status (for annuitants living outside the United States), and
tax withholding information (instructions of annuitants regarding
number of exemptions claimed and additional amounts to be withheld, as
well as actual amounts withheld for tax purposes).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 7(b)(6) of the Railroad Retirement Act of 1974 (U.S.C.
231f(b)(6)).
PURPOSE(S):
Records in this system of records are maintained to administer the
benefit provisions of the Railroad Retirement Act, sections of the
Internal Revenue Code related to the taxation of railroad retirement
benefits, and Title XVIII of the Social Security Act as it pertains to
Medicare coverage for railroad retirement beneficiaries.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS, AND THE PURPOSES OF SUCH USES:
a. Beneficiary identifying information may be disclosed to third
party contacts
[[Page 28019]]
to determine if incapacity of the beneficiary or potential beneficiary
to understand or use benefits exists, and to determine the suitability
of a proposed representative payee.
b. In the event the Board has determined to designate a person to
be the representative payee of an incompetent beneficiary, disclosure
of information concerning the benefit amount and other similar
information may be made to the representative payee from the record of
the individual.
c. Entitlement and benefit rates may be released to primary
beneficiaries regarding secondary beneficiaries (or vice versa) when
the addition of such beneficiary affects either the entitlement or
benefit payment.
d. (Updated) Identifying information such as full name, address,
date of birth, social security number, employee identification number,
and date last worked, may be released to any last employer, or their
designee, to verify entitlement for benefits under the Railroad
Retirement Act.
e. Beneficiary identifying information, address, check rates,
number and date may be released to the Department of the Treasury to
control for reclamation and return of outstanding benefit payments, to
issue benefit payments, act on report of non-receipt, to insure
delivery of payments to the correct address of the beneficiary or
representative payee or to the proper financial organization, and to
investigate alleged forgery, theft or unlawful negotiation of railroad
retirement benefit checks or improper diversion of payments directed to
a financial organization.
f. Beneficiary identifying information, address, check rate, date,
number and other supporting evidence may be released to the U.S. Postal
Service for investigation of alleged forgery or theft of railroad
retirement or social security benefit checks.
g. Beneficiary identifying information, entitlement data, medical
evidence and related evaluatory data and benefit rate may be released
to the Social Security Administration and the Centers for Medicare &
Medicaid Services to correlate actions with the administration of Title
II and Title XVIII of the Social Security Act, as amended.
h. (Updated) Beneficiary identifying information, including social
security account number, and supplemental annuity amounts may be
released to the Internal Revenue Service.
i. Beneficiary identifying information, entitlement, benefit rates,
medical evidence and related evaluatory data, and months paid may be
furnished to the Veterans Administration for the purpose of assisting
that agency in determining eligibility for benefits or verifying
continued entitlement to and the correct amount of benefits payable
under programs which it administers.
j. Beneficiary identifying information, entitlement data and
benefit rates may be released to the Department of State and embassy
and consular officials, the American Institute on Taiwan, and to the
Veterans Administration Regional Office, Philippines, to aid in the
development of applications, supporting evidence, and the continued
eligibility of beneficiaries and potential beneficiaries living abroad.
k. Beneficiary identifying information, entitlement, benefit rates
and months paid may be released to the Social Security Administration
(Bureau of Supplemental Security Income) the Centers for Medicare &
Medicaid Services, to federal, state and local welfare or public aid
agencies to assist them in processing applications for benefits under
their respective programs.
l. The last addresses and employer information may be released to
the Department of Health and Human Services in conjunction with the
Parent Locator Service.
m. Beneficiary identifying information, entitlement, rate and other
pertinent data may be released to the Department of Labor in
conjunction with payment of benefits under the Federal Coal Mine and
Safety Act.
n. Medical evidence may be released to Board-appointed medical
examiners to carry out their functions.
o. Information obtained in the administration of Title XVIII
(Medicare) which may indicate unethical or unprofessional conduct of a
physician or practitioner providing services to beneficiaries may be
released to Professional Standards Review Organizations and State
Licensing Boards.
p. Information necessary to study the relationship between benefits
paid by the Railroad Retirement Board and civil service annuities may
be released to the Office of Personnel Management.
q. Records may be disclosed to the General Accountability Office
for auditing purposes and for collection of debts arising from
overpayments under Title II and Title XVIII of the Social Security Act,
as amended, or the Railroad Retirement Act.
r. Pursuant to a request from an employer covered by the Railroad
Retirement Act or the Railroad Unemployment Insurance Act, or from an
organization under contract to an employer or employers, information
regarding the Board's payment of retirement benefits, the methods by
which such benefits are calculated, entitlement data and present
address may be released to the requesting employer or the organization
under contract to an employer or employers for the purposes of
determining entitlement to and rates of private supplemental pension,
sickness or unemployment benefits and to calculate estimated benefits
due.
s. If a request for information pertaining to an individual is made
by an official of a labor organization of which the individual is a
member and the request is made on behalf of the individual, information
from the record of the individual concerning his benefit or anticipated
benefit and concerning the method of calculating that benefit may be
disclosed to the labor organization official.
t. Records may be disclosed in a court proceeding relating to any
claims for benefits by the beneficiary under the Railroad Retirement
Act, and may be disclosed during the course of an administrative appeal
to individuals who need the records to prosecute or decide the appeal
or to individuals who are requested to provide information relative to
an issue involved in the appeal.
u. The amount of a residual lump-sum payment and the identity of
the payee may be released to the Internal Revenue Service for tax audit
purposes.
v. The amount of any death benefit or annuities accrued but unpaid
at death and the identity of such payee may be released to the
appropriate state taxing authorities for tax assessment and auditing
purposes.
w. Beneficiary identifying information, including but not limited
to name, address, social security account number, payroll number and
occupation, the fact of entitlement and benefit rate may be released to
the Pension Benefit Guaranty Corporation to enable that agency to
determine and pay supplemental pensions to qualified railroad retirees.
x. Medical records may be disclosed to vocational consultants in
administrative proceedings.
y. Date employee filed application for annuity to the last employer
under the Railroad Retirement Act for use in determining entitlement to
continued major medical benefits under insurance programs negotiated
with labor organizations.
z. Information regarding the determination and recovery of an
overpayment made to an individual may be released to any other
individual from whom any portion of the overpayment is being recovered.
[[Page 28020]]
aa. The name and address of an annuitant may be released to a
Member of Congress when the Member requests it in order that he or she
may communicate with the annuitant about legislation which affects the
railroad retirement system.
bb. Certain identifying information about annuitants, such as name,
social security number, RRB claim number, and date of birth, as well as
address, year and month last worked for a railroad, last railroad
occupation, application filing date, annuity beginning date, identity
of last railroad employer, total months of railroad service, sex,
disability onset date, disability freeze onset date, and cause and
effective date of annuity termination may be furnished to insurance
companies for administering group life and medical insurance plans
negotiated between certain participating railroad employers and railway
labor organizations.
cc. For payments made after December 31, 1983, beneficiary
identifying information, address, amounts of benefits paid and repaid,
beneficiary withholding instructions, and amounts withheld by the RRB
for tax purposes may be furnished to the Internal Revenue Service for
tax administration purposes.
dd. Last address and beneficiary identifying information may be
furnished to railroad employers for the purpose of mailing railroad
passes to retired employees and their families.
ee. Entitlement data and benefits rates may be released to any
court, state agency, or interested party, or to the representative of
such court, state agency, or interested party, in connection with
contemplated or actual legal or administrative proceedings concerning
domestic relations and support matters.
ff. Identifying information about annuitants and applicants may be
furnished to agencies and/or companies from which such annuitants and
applicants are receiving or may receive worker's compensation, public
pension, or public disability benefits in order to verify the amount by
which Railroad Retirement Act benefits must be reduced, where
applicable.
gg. Disability annuitant identifying information may be furnished
to state employment agencies for the purpose of determining whether
such annuitants were employed during times they receive disability
benefits.
hh. Identifying information about Medicare-entitled beneficiaries
who may be working may be disclosed to the Centers for Medicare &
Medicaid Services for the purposes of determining whether Medicare
should be the secondary payer of benefits for such individuals.
ii. Disclosure of information in claim folders is authorized for
bonafide researchers doing epidemiological/mortality studies approved
by the RRB who agree to record only information pertaining to deceased
beneficiaries.
jj. Identifying information for beneficiaries, such as name, SSN,
and date of birth, may be furnished to the Social Security
Administration and to any State for the purpose of enabling the Social
Security Administration or State through a computer or manual matching
program to assist the RRB in identifying female beneficiaries who
remarried but who may not have notified the RRB of their remarriage.
kk. An employee's date last worked, annuity filing date, annuity
beginning date, and the month and year of death may be furnished to
AMTRAK when such information is needed by AMTRAK to make a
determination whether to award a travel pass to either the employee or
the employee's widow.
ll. The employee's social security number may be disclosed to an
individual eligible for railroad retirement benefits on the employee's
earnings record when the employee's social security number would be
contained in the railroad retirement claim number.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper, microforms, magnetic tape and magnetic disk.
RETRIEVABILITY:
Claim number, social security number and full name.
SAFEGUARDS:
Paper and Microforms: Maintained in areas not accessible to the
public in metal filing cabinents. Access is limited to authorizied RRB
employees. Offices are locked during non-business hours. Building has
24 hour on-site security officers, closed circuit television monitoring
and intrusion detection systems.
Magnetic tape and disks: Computer and computer storage rooms are
restricted to authorized personnel; on-line query safeguards include a
lock/unlock password system, a terminal oriented transaction matrix,
role based access controls and audit trail. For electronic records,
system securities are established in accordance with National Institute
of Standards and Technology (NIST) guidelines, including network
monitoring, defenses in-depth, incident response and forensics. In
addition to the on-line query safeguards, they include encryption of
all data transmitted and exclusive use of leased telephone lines.
RETENTION AND DISPOSAL:
Paper: Identify and transfer inactive folders to FRC periodically,
Transfer to National Archives 7 years after the close of the fiscal
year folders were determined to be inactive.
Electronically imaged documents: Destroy 90 days after the date
scanned into the system or after completion of the quality assurance
process, whichever is later.
Magnetic tape: Magnetic tape records are used to daily update the
disk file, are retained for 90 days and then written over. For disaster
recovery purposes certain tapes are stored 12-18 months.
Magnetic disk: Continually updated and permanently retained.
Electronically imaged documents. Destroy/delete individual claimant
data 7 years after the close of the fiscal year determined to be
inactive.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Programs--Director of Policy and Systems, Railroad
Retirement Board, 844 Rush Street, Chicago, Illinois 60611-2092
NOTIFICATION PROCEDURE:
Requests for information regarding an individual's records should
be in writing, including the full name, social security number and
railroad retirement claim number(if any) of the individual. Before
information about any records will be released, the individual may be
required to provide proof of identity, or authorization from the
individual to permit release of information. Such requests should be
sent to: Director of Unemployment & Programs Support Division, Railroad
Retirement Board, 844 Rush Street, Chicago, Illinois 60611-2092.
RECORD ACCESS PROCEDURE:
See Notification section above.
CONTESTING RECORD PROCEDURE:
See Notification section above.
RECORD SOURCE CATEGORIES:
Individual applicants or their representatives, railroad employers,
other employers, physicians, labor organizations, federal, state and
local government agencies, attorneys, funeral
[[Page 28021]]
homes, congressmen, schools, foreign government.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
* * * * *
Date: May 12, 2015.
Martha P. Rico,
For The Board Secretary to the Board.
[FR Doc. 2015-11745 Filed 5-14-15; 8:45 am]
BILLING CODE 7905-01-P