Privacy Act of 1974; Systems of Records, 517-523 [2015-33294]

Agencies

• Pension Benefit Guaranty Corporation

[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Notices]
[Pages 517-523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33294]


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PENSION BENEFIT GUARANTY CORPORATION


Privacy Act of 1974; Systems of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of revision of the Categories of Individuals Covered by 
the System, revision of the Categories of Records in the System, 
revision of routine uses, revision of the Safeguards, and revision of 
the Record Source Categories.

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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, the 
Pension Benefit Guaranty Corporation (PBGC) is proposing to make the 
following changes to PBGC-6, an existing system of records: (1) Revise 
the Categories of Individuals Covered by the System, (2) revise the 
Categories of Records in the System, (3) revise an existing routine 
use, (4) add two new routine uses, (5) revise the Safeguards, and (6) 
revise the Record Source Categories. PBGC is also proposing to make the 
following changes to PBGC-9, an existing system of records: (1) Revise 
the Categories of Records in the System, (2) revise an existing routine 
use, (3) add a new routine use, and (4) revise the Safeguards.

DATES: Comments must be received on or before February 5, 2016. The 
revised systems of records described herein will become effective 
February 22, 2016, without further notice, unless comments result in a 
contrary determination and a notice is published to that effect.

ADDRESSES: You may submit written comments to PBGC by any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the Web site instructions for submitting comments.
     Email: reg.comments@pbgc.gov.
     Fax: 202-326-4224.
     Mail or Hand Delivery: Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 
20005.
    Comments received, including personal information provided, will be 
posted to https://www.pbgc.gov. Copies of comments may also be obtained 
by writing to Disclosure Division, Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005, or calling 202-326-4040 during normal business hours. (TTY 
and TDD users may call the Federal relay service toll-free at 1-800-
877-8339 and ask to be connected to 202-326-4040.)

FOR FURTHER INFORMATION CONTACT: Elizabeth Logan, Attorney, Pension 
Benefit Guaranty Corporation, Office of the General Counsel, 1200 K 
Street NW., Washington, DC 20005, 202-326-4400, extension 3004, or 
Sarah Smith, Attorney, Pension Benefit Guaranty Corporation, Office of 
the General Counsel, 1200 K Street NW., Washington, DC 20005, 202-326-
4400, extension 3171. For access to any of the PBGC's systems of 
records, contact Camilla Perry, Disclosure Officer, Office of the 
General Counsel, Disclosure Division, at the above address, 202-326-
4040.

SUPPLEMENTARY INFORMATION:

(1) PBGC Is Proposing To Revise the Categories of Individuals Covered 
by the System for PBGC-6

    PBGC is proposing to revise the Categories of Individuals Covered 
by the System for PBGC-6, Plan Participant and Beneficiary Data--PBGC 
(last revised at 79 FR 53572 (September 9, 2014)). The section titled 
Categories of Individuals Covered by the System currently reads, 
``Participants, alternate payees, and beneficiaries in terminating and 
terminated pension plans covered ERISA.''
    Sometimes individuals who believe that they may be owed benefits 
from PBGC contact PBGC to inquire about these benefits, and sometimes 
it is determined that such an individual is not owed any benefit (for 
reasons such as the individual already received a lump-sum payment or 
was not a participant in any terminated pension plans for which PBGC is 
the trustee). Because these individuals are not participants, alternate 
payees, or beneficiaries, they are not covered by PBGC-6 as it is 
currently written. This limits PBGC's recordkeeping abilities.
    As such, PBGC is proposing to add, ``and other individuals who 
contact PBGC regarding benefits they may be owed from PBGC,'' to the 
end of the current language in the Categories of Individuals Covered by 
the System. The amended language clarifies that PBGC may also collect 
information about individuals who are not participants or beneficiaries 
in a PBGC-trusteed plan for the purpose of determining whether they are 
owed a benefit from PBGC.

(2) PBGC Is Proposing To Revise the Categories of Records in the System 
for PBGC-6.

    PBGC is proposing to revise the Categories of Records in the System 
for PBGC-6, Plan Participant and Beneficiary Data--PBGC (last revised 
at 79 FR 53572 (September 9, 2014)).
    Categories of Records in the System currently reads, ``Names; 
addresses; telephone numbers; sex; social security numbers and other 
Social Security Administration information; dates of birth; dates of 
hire; salary; marital status; domestic relations orders; time of plan 
participation; eligibility status; pay status; benefit data, including 
records of benefit payments made to participants, alternate payees, and 
beneficiaries in terminating and terminated pension plans covered by 
ERISA; health-related information; powers of attorney; insurance 
information where plan benefits are provided by private insurers; 
pension plan names and numbers; initial and final PBGC determinations 
(see 29 CFR 4003.21 and

[[Page 518]]

4003.59); and other records relating to debts owed to PBGC.''
    To clarify and more accurately describe the records in PBGC-6, PBGC 
is proposing to add the following additional record categories: Email 
addresses, dates of death, and employment history.

(3) PBGC Is Proposing To Revise Routine Use 14 for PBGC-6

    PBGC is proposing to modify Routine Use 14 for PBGC-6, Plan 
Participant and Beneficiary Data--PBGC (last revised at 79 FR 53572 
(September 9, 2014)).
    Currently, Routine Use 14 allows PBGC to provide the names and 
social security numbers of participants and beneficiaries to the 
Department of the Treasury, the Department of the Treasury's financial 
agent, and the Federal Reserve Bank for the purpose of learning which 
of PBGC's check payees have established electronic debit card accounts 
used for the electronic deposit of federal benefit payments. PBGC 
implemented this routine use for a pilot program which PBGC now intends 
to implement permanently.
    PBGC is proposing that Routine Use 14 be modified to read, ``Names 
and social security numbers of participants and beneficiaries may be 
provided to the Department of the Treasury, the Department of the 
Treasury's financial agent, and the Federal Reserve Bank for the 
purpose of learning which of PBGC's check payees have electronic debit 
card accounts used for the electronic deposit of federal benefit 
payments, and for establishing electronic debit card accounts for 
eligible participants and beneficiaries, and for administering payments 
to participants and beneficiaries who have selected this method of 
payment.''
    The amended routine use will allow PBGC to share information with 
the Department of the Treasury, its financial agent, and the Federal 
Reserve Bank, both for the purpose of learning which of PBGC's check 
payees have electronic debit card accounts, as well as for the purpose 
of establishing new electronic debit card accounts for eligible 
participants and beneficiaries.

(4) PBGC Is Proposing To Add Two Routine Uses to PBGC-6

    PBGC is proposing to add two new routine uses to PBGC-6, Plan 
Participant and Beneficiary Data--PBGC (last revised at 79 FR 53572 
(September 9, 2014)).

a. Routine Use 17

    PBGC seeks to establish a pilot program with the Department of 
Labor, Employee Benefits Security Administration (EBSA), in which PBGC 
will share information about missing participants and beneficiaries 
with EBSA, and EBSA will search for those missing individuals. PBGC is 
proposing to add a routine use to PBGC-6 to allow PBGC to provide this 
information to EBSA, and possibly to other private firms and agencies 
that provide locator services to locate participants and beneficiaries 
in the future.
    PBGC proposes that the new routine use read, ``Names, social 
security numbers, last known addresses, dates of birth and death, 
amount of benefit, pension plan name, plan EIN/PIN number, name of plan 
sponsor, and the city and state of the plan sponsor of plan 
participants and beneficiaries may be disclosed to private firms and 
agencies that provide locator services (including credit reporting 
agencies and debt collection firms or agencies), to locate participants 
and beneficiaries. Such information will be disclosed only if the PBGC 
has no address for an individual or if mail sent to the individual at 
the last known address is returned as undeliverable. Disclosure shall 
be made only under a contract that subjects the firm or agency 
providing the service and its employees to the criminal penalties of 
the Privacy Act. The information so disclosed shall be used exclusively 
pursuant to the terms and conditions of such contract and shall be used 
solely for the purposes prescribed therein. The contract shall provide 
that the information so disclosed shall be returned or destroyed at the 
conclusion of the locating effort.''
    The new routine use will allow PBGC to share additional information 
with EBSA to facilitate its efforts to find missing participants and 
beneficiaries for PBGC, and will give PBGC flexibility to enter into 
other similar agreements in the future. Notably, this routine use 
mirrors existing Routine Use 4 (with proposed revisions incorporated) 
of PBGC-9. In short, this change enhances PBGC's ability to locate 
missing participants and beneficiaries that are owed a benefit from 
PBGC.

b. Routine Use 18

    On occasion, PBGC may enter into legal settlement agreements with 
third parties. As a result of these agreements, PBGC may be required, 
or choose, to share information from PBGC-6 with third parties covered 
by or created under these agreements.
    To facilitate full performance of such agreements, PBGC is 
proposing to add a new routine use that reads, ``Names, social security 
numbers, last known addresses, dates of birth and death, employment 
history, and pay status of individuals covered by legal settlement 
agreements involving PBGC may be disclosed to entities covered by or 
created under those agreements.''
    The new routine use will allow PBGC to share information with third 
parties covered by or created under settlement agreements that PBGC has 
entered into and will enter into in the future.

(5) PBGC Is Proposing To Revise the Safeguards for PBGC-6

    PBGC is proposing to revise the Safeguards for PBGC-6, Plan 
Participant and Beneficiary Data--PBGC (last revised at 79 FR 53572 
(September 9, 2014)). The relevant portion of the Safeguards section 
currently reads, ``Paper and electronic records that contain federal 
tax information are stored separately and are kept in locked file 
cabinets in areas of restricted access under procedures that meet IRS 
safeguarding standards.'' (The other portions of the Safeguards section 
are accurate as currently written.)
    To clarify and more accurately describe PBGC's safeguards for 
federal tax information, PBGC is proposing to revise the current 
language to read, ``Paper and electronic records that contain federal 
tax information are stored under procedures that meet IRS safeguarding 
standards.''

(6) PBGC Is Proposing To Revise the Record Source Categories for PBGC-6

    PBGC is proposing to revise the Record Source Categories for PBGC-
6, Plan Participant and Beneficiary Data--PBGC (last revised at 79 FR 
53572 (September 9, 2014)). Record Source Categories currently reads, 
``Plan Administrators; participants, alternate payees, beneficiaries; 
agents listed on power of attorneys; field benefit administrator 
offices; the SSA; the FAA; and the IRS.''
    Sometimes individuals who believe that they may be owed benefits 
from PBGC contact PBGC to inquire about these benefits, and sometimes 
it is determined that such an individual is not owed any benefit (for 
reasons such as the individual already received a lump-sum payment or 
was not a participant in any terminated pension plans for which PBGC is 
the trustee). Because these individuals are not participants, alternate 
payees, or beneficiaries, they are not covered by PBGC-6 as it is 
currently written. This limits PBGC's recordkeeping abilities.
    As such, PBGC is proposing that Record Source Categories be amended 
to include, ``and other individuals who contact PBGC regarding benefits 
they may be owed from PBGC.'' The amended language clarifies that PBGC

[[Page 519]]

may also collect information about individuals who are not participants 
or beneficiaries in a PBGC-trusteed plan for the purpose of determining 
whether they are owed a benefit from PBGC.

(7) PBGC Is Proposing To Revise the Categories of Records in the System 
for PBGC-9

    PBGC is proposing to revise the Categories of Records in the System 
for PBGC-9, Unclaimed Pensions--PBGC (last revised at 79 FR 53572 
(September 9, 2014)).
    Categories of Records in the System currently reads, ``Names; 
social security numbers; addresses; email addresses; telephone numbers; 
pension plans names; and pension plan numbers.''
    To clarify and more accurately describe the records in PBGC-9, PBGC 
is proposing to add the following additional record categories: Dates 
of birth and death, employment history, and pay status.

(8) PBGC Is Proposing To Revise Routine Use 4 for PBGC-9

    PBGC is proposing to modify Routine Use 4 for PBGC-9, Unclaimed 
Pensions--PBGC (last revised at 79 FR 53572 (September 9, 2014)).
    Currently, Routine Use 4 allows PBGC to provide names, social 
security numbers, last known addresses, and dates of birth and death to 
private firms and agencies that provide locator services, including 
credit reporting agencies and debt collection firms or agencies, to 
locate participants and beneficiaries. The routine use allows this 
information to be disclosed when PBGC has no address for an individual 
or if mail sent to the individual at the last known address is returned 
as undeliverable.
    As discussed above, PBGC seeks to establish a pilot program with 
the Department of Labor, Employee Benefits Security Administration 
(EBSA), in which PBGC will share information about missing participants 
and beneficiaries with EBSA, and EBSA will search for those missing 
individuals.
    To maximize the effectiveness of the EBSA program, and other 
similar programs that PBGC may engage in at some later date, PBGC is 
proposing to modify Routine Use 4 to allow PBGC to provide additional 
information to private firms and agencies that provide locator services 
to locate participants and beneficiaries. Specifically, PBGC proposes 
to add, ``amount of benefit, pension plan name, plan EIN/PIN number, 
name of plan sponsor, and the city and state of the plan sponsor of 
plan participants and beneficiaries,'' to the routine use. The amended 
routine use will allow PBGC to share additional information with EBSA 
in order to facilitate its efforts to find missing participants and 
beneficiaries, and will give PBGC flexibility to enter into other 
similar agreements in the future. In short, this change enhances PBGC's 
ability to locate missing participants and beneficiaries that are owed 
a benefit from PBGC.

(9) PBGC Is Proposing To Add a Routine Use to PBGC-9

    PBGC is proposing to add a routine use to PBGC-9, Unclaimed 
Pensions--PBGC (last revised at 79 FR 53572 (September 9, 2014)).
    On occasion, PBGC may enter into legal settlement agreements with 
third parties. As a result of these agreements, PBGC may be required, 
or choose, to share information from PBGC-9 with third parties covered 
by or created under these agreements.
    To facilitate full performance of such agreements, PBGC is 
proposing to add a new routine use that reads, ``Names, social security 
numbers, last known addresses, dates of birth and death, employment 
history, and pay status of individuals covered by legal settlement 
agreements involving PBGC may be disclosed to entities covered by or 
created under those agreements.''
    Like proposed Routine Use 18 for PBGC-6, this new routine use will 
allow PBGC to share information with third parties covered by or 
created under settlement agreements that PBGC has entered into and will 
enter into in the future.

(10) PBGC Is Proposing To Revise the Safeguards for PBGC-9

    PBGC is proposing to revise the Safeguards for PBGC-9, Unclaimed 
Pensions--PBGC (last revised at 79 FR 53572 (September 9, 2014)).The 
relevant portion of the Safeguards section currently reads, ``Paper and 
electronic records that contain federal tax information are stored 
separately and are kept in locked file cabinets in areas of restricted 
access under procedures that meet IRS safeguarding standards.'' (The 
other portions of the Safeguards section are accurate as currently 
written.)
    To clarify and more accurately describe PBGC's safeguards for 
federal tax information, PBGC is proposing to revise the current 
language to read, ``Paper and electronic records that contain federal 
tax information are stored under procedures that meet IRS safeguarding 
standards.''
    Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to 
submit written comments on the proposed updates to PBGC's systems of 
records. A report on the proposed systems has been sent to Congress and 
the Office of Management and Budget for their evaluation.
    For the convenience of the public, PBGC-6 and PBGC-9 are published 
in full below with changes italicized.

    Issued in Washington, DC this 28 day of December, 2015.
W. Thomas Reeder,
Director, Pension Benefit Guaranty Corporation.
PBGC-6: Plan Participant and Beneficiary Data

System Name:
    Plan Participant and Beneficiary Data--PBGC.

Security Classification:
    None.

System Location:
    PBGC, 1200 K Street NW., Washington, DC 20005, and/or field benefit 
administrator, plan administrator, and paying agent worksites.

Categories of Individuals Covered by the System:
    Participants, alternate payees, beneficiaries in terminating and 
terminated pension plans covered by ERISA, and other individuals who 
contact PBGC regarding benefits they may be owed from PBGC.

Categories of Records in the System:
    Names; addresses; telephone numbers; email addresses; sex; social 
security numbers and other Social Security Administration information; 
dates of birth and death; dates of hire; salary; employment history; 
marital status; domestic relations orders; time of plan participation; 
eligibility status; pay status; benefit data, including records of 
benefit payments made to participants, alternate payees, and 
beneficiaries in terminating and terminated pension plans covered by 
ERISA; health-related information; powers of attorney; insurance 
information where plan benefits are provided by private insurers; 
pension plan names and numbers; initial and final PBGC determinations 
(see 29 CFR 4003.21 and 4003.59); and other records relating to debts 
owed to PBGC.

Authority for Maintenance of the System:
    29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342, 
and 1350; 26 U.S.C. 6103; 29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.

[[Page 520]]

Purpose(s):
    This system of records is maintained for use in determining whether 
participants, alternate payees, and beneficiaries are eligible for 
benefits under plans covered by ERISA, determining supplemental 
payments to be paid to those persons by a party other than PBGC, 
determining the amounts of benefits to be paid, making benefit 
payments, collecting benefit overpayments, and complying with statutory 
and regulatory mandates.
    Names, addresses, and telephone numbers are used to survey 
customers to measure their satisfaction with PBGC's benefit payment 
services and to track (for follow-up) those who do not respond to 
surveys.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Information about covered individuals may be disclosed without 
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
    1. General Routine Uses G1, G2, G4 through G7, and G9 through G12 
apply to this system of records (see Prefatory Statement of General 
Routine Uses).
    2. A record from this system of records may be disclosed to third 
parties, such as banks, insurance companies, or trustees:
    a. To enable these third parties to make or determine benefit 
payments, or
    b. To report to the IRS the amounts of benefits paid (or required 
to be paid) and taxes withheld.
    3. A record from this system of records may be disclosed, in 
furtherance of proceedings under Title IV of ERISA, to a contributing 
sponsor (or other employer who maintained the plan), including any 
predecessor or successor, and any member of the same controlled group.
    4. A record from this system of records may be disclosed, upon 
request for a purpose authorized under Title IV of ERISA, to an 
official of a labor organization recognized as the current or former 
collective bargaining representative of the individual about whom a 
request is made.
    5. Payees' names, addresses, telephone numbers, and information 
related to how PBGC determined that a debt was owed by such payees to 
the PBGC may be disclosed to the Department of the Treasury or a debt 
collection agency or firm to collect a claim. Disclosure to a debt 
collection agency or firm shall be made only under a contract issued by 
the federal government that binds any such contractor or employee of 
such contractor to the penalties of the Privacy Act. The information so 
disclosed shall be used exclusively pursuant to the terms and 
conditions of such contract and shall be used solely for the purposes 
prescribed therein. The contract shall provide that the information so 
disclosed shall be returned at the conclusion of the debt collection 
effort.
    6. The name and social security number of a participant employed or 
formerly employed as a pilot by a commercial airline may be disclosed 
to the Federal Aviation Administration (FAA) to obtain information 
relevant to the participant's eligibility or continued eligibility for 
disability benefits.
    7. The name of a participant's pension plan, the actual or 
estimated amount of a participant's benefit under Title IV of ERISA, 
the form(s) in which the benefit is payable, and whether the 
participant is currently receiving benefit payments under the plan or 
(if not) the earliest date(s) such payments could commence may be 
disclosed to the participant's spouse, former spouse, child, or other 
dependent solely to obtain a qualified domestic relations order under 
29 U.S.C. 1056(d) and 26 U.S.C. 414(p). The PBGC will disclose the 
information only upon the receipt of a written request by a prospective 
alternate payee, or the payee's representative, that describes the 
requester's relationship to the participant and states that the 
information will be used solely to obtain a qualified domestic 
relations order under state domestic relations law. The PBGC will 
notify the participant of any information disclosed to a prospective 
alternate payee or their representative under this routine use.
    8. Information from a participant's initial determination under 29 
CFR 4003.1(b) (excluding the participant's address, telephone number, 
social security number, and any sensitive medical information) may be 
disclosed to an alternate payee, or their representative, under a 
qualified domestic relations order issued pursuant to 29 U.S.C. 1056(d) 
and 26 U.S.C. 414(p) to explain how the PBGC determined the benefit due 
the alternate payee so that the alternate payee can pursue an 
administrative appeal of the benefit determination under 29 CFR 
4003.51. The PBGC may notify the participant of the information 
disclosed to an alternate payee or their representative under this 
routine use.
    9. Information from an alternate payee's initial determination 
under 29 CFR 4003.1(b) (excluding the alternate payee's address, 
telephone number, social security number, and any sensitive medical 
information) may be disclosed to a participant, or their 
representative, under a qualified domestic relations order issued 
pursuant to 29 U.S.C. 1056(d) and 26 U.S.C. 414(p) to explain how the 
PBGC determined the benefit due the participant so that the participant 
can pursue an administrative appeal of the benefit determination under 
29 CFR 4003.51. The PBGC may notify the alternate payee of the 
information disclosed to a participant or their representative under 
this routine use.
    10. Information used in calculating the benefit, or share of the 
benefit, of a participant or alternate payee (excluding the 
participant's or alternate payee's address, telephone number, social 
security number, and any sensitive medical information) may be 
disclosed to a participant or an alternate payee, or their 
representative, when (a) a qualified domestic relations order issued 
pursuant to 29 U.S.C. 1056(d) and 26 U.S.C. 414(p) affects the 
calculation of the benefit, or share of the benefit, of the participant 
or alternate payee; and (b) the information is needed to explain to the 
participant or alternate payee how the PBGC calculated the benefit, or 
share of the benefit, of the participant or alternate payee. The PBGC 
may notify the participant or the alternate payee, or their 
representative, as appropriate, of the information disclosed to the 
participant or the alternate payee, or their representative, under this 
routine use.
    11. The names, addresses, social security numbers, dates of birth, 
and the pension plan name and number of eligible PBGC pension 
recipients may be disclosed to the Department of the Treasury and the 
Department of Labor to implement the income tax credit for health 
insurance costs under 26 U.S.C. 35 and the program for advance payment 
of the tax credit under 26 U.S.C. 7527.
    12. Names, addresses, social security numbers, and dates of birth 
of eligible PBGC pension recipients residing in a particular state may 
be disclosed to the state's workforce agency if the agency received a 
National Emergency Grant from the Department of Labor under the 
Workforce Investment Act of 1988 to provide health insurance coverage 
assistance and support services for state residents under 29 U.S.C. 
2918(a) and (f).
    13. Payees' names, social security numbers, and dates of birth may 
be provided to the Department of the Treasury's Bureau of the Public 
Debt, the Social Security Administration, and the Internal Revenue 
Service to verify payees' eligibility to receive payments.
    14. Names and social security numbers of participants and

[[Page 521]]

beneficiaries may be provided to the Department of the Treasury, the 
Department of the Treasury's financial agent, and the Federal Reserve 
Bank for the purpose of learning which of PBGC's check payees have 
electronic debit card accounts used for the electronic deposit of 
federal benefit payments, and for establishing electronic debit card 
accounts for eligible participants and beneficiaries, and for 
administering payments to participants and beneficiaries who have 
selected this method of payment.
    15. Information relating to revocation of a power of attorney may 
be disclosed to the former agent that was named in the revoked power of 
attorney.
    16. The name and date of birth of a participant's beneficiary may 
be provided to that participant upon request by that participant.
    17. Names, social security numbers, last known addresses, dates of 
birth and death, amount of benefit, pension plan name, plan EIN/PIN 
number, name of plan sponsor, and the city and state of the plan 
sponsor of plan participants and beneficiaries may be disclosed to 
private firms and agencies that provide locator services (including 
credit reporting agencies and debt collection firms or agencies) to 
locate participants and beneficiaries. Such information will be 
disclosed only if the PBGC has no address for an individual or if mail 
sent to the individual at the last known address is returned as 
undeliverable. Disclosure shall be made only under a contract that 
subjects the firm or agency providing the service and its employees to 
the criminal penalties of the Privacy Act. The information so disclosed 
shall be used exclusively pursuant to the terms and conditions of such 
contract and shall be used solely for the purposes prescribed therein. 
The contract shall provide that the information so disclosed shall be 
returned or destroyed at the conclusion of the locating effort.
    18. Names, social security numbers, last known addresses, dates of 
birth and death, employment history, and pay status of individuals 
covered by legal settlement agreements involving PBGC may be disclosed 
to entities covered by or created under those agreements.

Disclosure to Consumer Reporting Agencies:
    Information may be disclosed to a consumer reporting agency in 
accordance with 31 U.S.C. 3711(e).

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained in paper and/or electronic form, including 
computer databases, magnetic tapes, and discs. Records are also 
maintained on PBGC's network back-up tapes.

Retrievability:
    Records are retrieved by any one or more of the following: name; 
social security number; customer identification number; date of birth; 
or date of death.

Safeguards:
    The PBGC has adopted appropriate administrative, technical, and 
physical controls in accordance with PBGC's security program to protect 
the security, integrity, and availability of the information, and to 
ensure that records are not disclosed to or accessed by unauthorized 
individuals.
    Paper and electronic records that contain federal tax information 
are stored under procedures that meet IRS safeguarding standards.
    Other paper and microfiche records that do not contain federal tax 
information are kept in file folders in areas of restricted access that 
are locked after office hours. Electronic records that do not contain 
federal tax information are stored on computer networks and protected 
by assigning user identification numbers to individuals needing access 
to the records and by passwords set by authorized users that must be 
changed periodically.

Retention and Disposal:
    Records are maintained in accordance with the General Records 
Retention Schedules issued by the National Archives and Records 
Administration (NARA) or a PBGC records disposition schedule approved 
by NARA.
    Records existing on paper are destroyed beyond recognition. Records 
existing on other media and computer storage media are destroyed 
according to the applicable PBGC Information Assurance Handbook 
guidance on media sanitization practice.

System Manager(s) and Address:
    Director, Benefits Administration and Payment Department, PBGC, 
1200 K Street NW., Washington, DC 20005.

Notification Procedure:
    Individuals wishing to learn whether this system of records 
contains information about them should submit a written request to the 
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and 
provide the following information:
    a. Full name.
    b. Any available information regarding the type of record involved.
    c. The address to which the record information should be sent.
    d. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.
    Individuals requesting access must also comply with PBGC's Privacy 
Act regulations regarding verification of identity and access to 
records (29 CFR 4902.3).

Record Access Procedure:
    Individuals wishing to request access to their records should 
submit a written request to the Disclosure Officer, PBGC, 1200 K Street 
NW., Washington, DC 20005, and provide the following information:
    a. Full name.
    b. Any available information regarding the type of record involved.
    c. The address to which the record information should be sent.
    d. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.
    Individuals requesting access must also comply with PBGC's Privacy 
Act regulations regarding verification of identity and access to 
records (29 CFR 4902.3).

Contesting Record Procedure:
    Individuals wishing to request an amendment to their records should 
submit a written request to the Disclosure Officer, PBGC, 1200 K Street 
NW., Washington, DC 20005, and provide the following information:
    a. Full name.
    b. Any available information regarding the type of record involved.
    c. A statement specifying the changes to be made in the records and 
the justification therefor.
    d. The address to which the response should be sent.
    e. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.

Record Source Categories:
    Plan administrators; participants, alternate payees, beneficiaries, 
and

[[Page 522]]

other individuals who contact PBGC regarding benefits they may be owed 
from PBGC; agents listed on power of attorneys; field benefit 
administrator offices; the SSA; the FAA; and the IRS.

Exemptions Claimed for the System:
PBGC-9: Unclaimed Pensions

System Name:
    Unclaimed Pensions--PBGC.

System Classification:
    None.

System Location:
    PBGC, 1200 K Street NW., Washington, DC 20005 and/or field benefit 
administrator, plan administrator, and paying agent worksites.

Categories of Individuals Covered by the System:
    Participants, alternate payees, and beneficiaries in terminating 
and terminated pension plans covered by ERISA.

Categories of Records in the System:
    Names; dates of birth and death; social security numbers; 
addresses; email addresses; telephone numbers; pension plans names; 
pension plan numbers; employment history; and pay status.

Authority for Maintenance of the System:
    29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342, 
and 1350; 29 U.S.C. 1203; 44 U.S.C. 3101; 5 U.S.C. 310.

Purpose(s):
    This system of records is maintained to locate participants, 
alternate payees, and beneficiaries of pension plans covered by ERISA.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Information about covered individuals may be disclosed without 
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
    1. General Routine Uses G1 and G4 through G7, G9 through G11 apply 
to this system of records (see Prefatory Statement of General Routine 
Uses).
    2. Names and social security numbers of plan participants and 
beneficiaries may be disclosed to the Internal Revenue Service to 
obtain current addresses from tax return information and to the Social 
Security Administration to obtain current addresses. Such information 
will be disclosed only if the PBGC has no address for an individual or 
if mail sent to the individual at the last known address is returned as 
undeliverable.
    3. Names and last known addresses may be disclosed to an official 
of a labor organization recognized as the collective bargaining 
representative of participants for posting in union halls or for other 
means of publication to obtain current addresses of participants and 
beneficiaries. Such information will be disclosed only if the PBGC has 
no address for an individual or if mail sent to the individual at the 
last known address is returned as undeliverable.
    4. Names, social security numbers, last known addresses, dates of 
birth and death, amount of benefit, pension plan name, plan EIN/PIN 
number, name of plan sponsor, and the city and state of the plan 
sponsor of plan participants and beneficiaries may be disclosed to 
private firms and agencies that provide locator services, including 
credit reporting agencies and debt collection firms or agencies, to 
locate participants and beneficiaries. Such information will be 
disclosed only if the PBGC has no address for an individual or if mail 
sent to the individual at the last known address is returned as 
undeliverable. Disclosure shall be made only under a contract that 
subjects the firm or agency providing the service and its employees to 
the criminal penalties of the Privacy Act. The information so disclosed 
shall be used exclusively pursuant to the terms and conditions of such 
contract and shall be used solely for the purposes prescribed therein. 
The contract shall provide that the information so disclosed shall be 
returned or destroyed at the conclusion of the locating effort.
    5. Names and addresses may be disclosed to licensees of the United 
States Postal Service (``USPS'') to obtain current addresses under the 
USPS's National Change of Address Linkage System (NCOA). Disclosure 
shall be made only under a contract that binds the licensee of the 
Postal Service and its employees to the criminal penalties of the 
Privacy Act. The contract shall provide that the records disclosed by 
PBGC shall be used exclusively for updating addresses under NCOA and 
must be returned to PBGC or destroyed when the process is completed. 
The records will be exchanged electronically in an encrypted format.
    6. Names and last known addresses may be disclosed to other 
participants in, and beneficiaries under, a pension plan to obtain the 
current addresses of individuals. Such information will be disclosed 
only if the PBGC has no address for an individual or if mail sent to 
the individual at the last known address is returned as undeliverable.
    7. Names and last known addresses of participants and 
beneficiaries, and the names and addresses of participants' former 
employers, may be disclosed to the public to obtain current addresses 
of the individuals. Such information will be disclosed to the public 
only if the PBGC is unable to make benefit payments to the participants 
and beneficiaries because the address it has does not appear to be 
current or correct.
    8. Names, social security numbers, last known addresses, dates of 
birth and death, employment history, and pay status of individuals 
covered by legal settlement agreements involving PBGC may be disclosed 
to entities covered by or created under those agreements.

Disclosure to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained in paper and/or in electronic form, 
including computer databases, magnetic tapes, and discs. Records are 
also maintained on PBGC's network back-up tapes.

Retrievability:
    Records are retrieved by any one or more of the following: Name; 
social security number; customer identification number; date of birth; 
or date of death.

Safeguards:
    The PBGC has adopted appropriate administrative, technical, and 
physical controls in accordance with PBGC's security program to protect 
the security, integrity, and availability of the information, and to 
ensure that records are not disclosed to unauthorized individuals.
    Paper and electronic records that contain federal tax information 
are stored under procedures that meet IRS safeguarding standards.
    Other paper and microfiche records that do not contain federal tax 
information are kept in file folders in areas of restricted access that 
are locked after office hours. Electronic records that do not contain 
federal tax information are stored on computer networks and protected 
by assigning user identification numbers to individuals needing access 
to the records and by passwords set by authorized users that must be 
changed periodically.

Retention and Disposal:
    Records are maintained in accordance with the General Records 
Retention

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Schedules issued by the National Archives and Records Administration 
(NARA) or a PBGC records disposition schedule approved by NARA.
    Records existing on paper are destroyed beyond recognition. Records 
existing on computer storage media are destroyed according to the 
applicable PBGC media sanitization practice.

System Manager(s) and Address:
    Director, Benefits Administration and Payments Department, PBGC, 
1200 K Street NW., Washington, DC 20005.

Notification Procedure:
    Individuals wishing to learn whether this system of records 
contains information about them should submit a written request to the 
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and 
provide the following information:
    a. Full name.
    b. Any available information regarding the type of record involved.
    c. The address to which the record information should be sent.
    d. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.
    Individuals requesting access must also comply with PBGC's Privacy 
Act regulations regarding verification of identity and access to 
records (29 CFR 4902.3).

Record Access Procedure:
    Individuals wishing to request access to their records should 
submit a written request to the Disclosure Officer, PBGC, 1200 K Street 
NW., Washington, DC 20005, and provide the following information:
    a. Full name.
    b. Any available information regarding the type of record involved.
    c. The address to which the record information should be sent.
    d. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.
    Individuals requesting access must also comply with PBGC's Privacy 
Act regulations regarding verification of identity and access to 
records (29 CFR 4902.3).

Contesting Record Procedure:
    Individuals wishing to request an amendment to their records should 
submit a written request to the Disclosure Officer, PBGC, 1200 K Street 
NW., Washington, DC 20005, and provide the following information:
    a. Full name.
    b. Any available information regarding the type of record involved.
    c. A statement specifying the changes to be made in the records and 
the justification therefor.
    d. The address to which the response should be sent.
    e. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.

Record Source Categories:
    PBGC-6; the SSA; the IRS; labor organization officials; firms or 
agencies providing locator services; USPS licensees; field benefit 
administrator offices; and any other individual that provides PBGC with 
information regarding a missing participant, beneficiary, or alternate 
payee.

Exemptions Claimed for the System:
    None.

[FR Doc. 2015-33294 Filed 1-5-16; 8:45 am]
 BILLING CODE 7709-02-P