Privacy Act of 1974; Systems of Records, 79002-79005 [2022-27986]

Agencies

• Pension Benefit Guaranty Corporation

[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 79002-79005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27986]


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PENSION BENEFIT GUARANTY CORPORATION


Privacy Act of 1974; Systems of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Pension Benefit 
Guaranty Corporation (PBGC) is proposing changes to a system of records 
notice (SORN). PBGC is updating the Official Address to reflect PBGC's 
new headquarters location, adding a routine use and modifying other 
routine uses, updating categories of records, sources of records, and 
other administrative changes.

DATES: The new routine use and modifications of other routine uses 
described herein will become effective January 23, 2023, without 
further notice, unless comments result in a contrary determination and 
a notice is published to that effect. Comments must be received on or 
before January 23, 2023 to be assured of consideration.

ADDRESSES: You may submit written comments to PBGC by any of the 
following methods:
     Federal eRulemaking Portal: Follow the website 
instructions for submitting comments at https://www.regulations.gov.
     Email: [email protected]. Refer to SORN in the subject 
line.
     Mail or Hand Delivery: Regulatory Affairs Division, Office 
of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th 
Street SW, Washington, DC 20024-2101.
    Commenters are strongly encouraged to submit public comments 
electronically. PBGC expects to have limited personnel available to 
process public comments that are submitted on paper through U.S. mail. 
Until further notice, any comments submitted on paper will be 
considered to the extent practicable.
    All submissions must include the agency's name (Pension Benefit 
Guaranty Corporation, or PBGC) and reference this notice. Comments 
received will be posted without change to PBGC's website, https://www.pbgc.gov, including any personal information provided. Do not 
submit comments that include any personally identifiable information or 
confidential business information. Copies of comments may also be 
obtained by writing to Disclosure Division, Office of the General 
Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, 
Washington, DC 20024-2101, or calling 202-326-4040 during normal 
business hours. (If you are deaf, or hard of hearing or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services.)

FOR FURTHER INFORMATION CONTACT: Shawn Hartley, Chief Privacy Officer, 
Pension Benefit Guaranty Corporation, Office of the General Counsel, 
445 12th Street SW, Washington, DC 20024-2101, 202-229-6321. For access 
to any of PBGC's systems of records, contact D. Camilla Perry, 
Disclosure Officer, Office of the General Counsel, Disclosure Division, 
445 12th Street SW, Washington, DC 20024-2101, or by calling 202-229-
4040, or go to https://www.pbgc.gov/about/policies/pg/privacy-at-pbgc/system-of-records-notices. If you are deaf or hard of hearing or have a 
speech disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: 
    (1) PBGC is proposing to update the Official Addresses, the 
citation to the Contesting Records Procedures section, and to clarify 
the Policies and Practices for Retention and Disposal of Records 
section.
    PBGC is updating the Official Address to reflect PBGC's new 
headquarters location. When PBGC reviewed and revised its system of 
records notices in 2018, it inadvertently dropped the citation to its 
regulations that explain the process to contest information contained 
in records maintained by PBGC. PBGC is adding the citation to 29 CFR 
4902.5 to the Contesting Records Procedures section of this SORN. 
Additionally, upon review, it was noticed that the Routine Uses section 
contained a typographical error. PBGC is amending the Privacy Act 
citation, changing it from 5 U.S.C. 522a(b) to 5 U.S.C. 552a(b).
    PBGC is also clarifying the procedures outlined in Policies and 
Practices for Retention and Disposal of Records in accordance with NARA 
(44 U.S.C. 3301, et seq.). Finally, PBGC is updating the citation to 
the last time PBGC published this SORN.
    (2) PBGC is proposing to amend the purpose of the system, 
categories of records contained in the system, amend the record source 
categories, amend one routine use, and add one routine use to PBGC-6: 
Plan Participant and Beneficiary Data.
    PBGC is proposing the following revisions to PBGC-6: Plan 
Participant and Beneficiary Data (last published at 83 FR 6256 
(February 13, 2018)): Amend the purpose of the system of records; 
categories of records contained in the system; amend the record source 
categories; amend one routine use; and add one new routine use.
    PBGC is proposing to amend the purpose of the system of records to 
include ``providing routine customer service; verifying the identity of 
participants, alternate payees, beneficiaries, spouses and authorized 
agents,'' which will permit PBGC to use

[[Page 79003]]

the information contained within the system of records to verify an 
individual's identity to determine whether they are authorized to 
access or modify records within the system or records.
    PBGC is proposing to amend the categories of records contained in 
the system of records by adding ``tax identification numbers'' and 
clarifying that debts owed are those debts owed to the Federal 
Government.
    PBGC is proposing the amendment of Routine Use 17, which currently 
permits disclosure to third parties that provide locator services when 
PBGC has no address on file or mail has been returned as undeliverable. 
After review of the routine use and agency practices, PBGC is 
clarifying that other Federal agencies may be one of the third parties 
that provide locator services to PBGC and that PBGC may need to use 
locator services when it is unable to make benefit payments because the 
agency is unable to confirm that an address is current or correct. The 
amended portions of Routine Use 17 will indicate that ``other Federal 
agencies'' may provide locator services and that PBGC may use these 
services if it has been ``unable to make benefit payments to those 
participants, beneficiaries, and alternate payees because the address 
on file is unable to be confirmed as current or correct.''
    PBGC is proposing the addition of a Routine Use 20, which will 
read, ``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 
will be made only under a contract that binds the licensee of the USPS 
and its employees to the civil and criminal penalties of the Privacy 
Act. The contract must provide that the records disclosed by PBGC are 
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.'' This routine use is 
necessary as it allows PBGC to use the USPS records to locate 
participants and beneficiaries it might not otherwise be able to 
locate.
    Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to 
submit written comments on the proposed changes described in this 
notice. A report has been sent to Congress and the Office of Management 
and Budget for their evaluation.

    Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty Corporation.

SYSTEM NAME AND NUMBER:
    PBGC-6: Plan Participant and Beneficiary Data--PBGC.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW, 
Washington, DC 20024-2101, and/or PBGC Field Offices (Field Benefit 
Administration), plan administrator worksites, and paying agent 
worksites. (Records may be kept at an additional location as backup for 
continuity of operations.)

SYSTEM MANAGER(S) AND ADDRESS:
    Chief of Benefits Administration, Office of Benefits 
Administration, PBGC, 445 12th Street SW, Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1341, 1342, and 1350; 26 
U.S.C. 6103; 44 U.S.C. 3101; 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    This system of records is maintained for use in determining whether 
participants, alternate payees, beneficiaries, spouses and domestic 
partners are eligible for benefits under plans covered by the Employee 
Retirement Income Security Act (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; providing routine customer service, verifying the identity of 
participants, alternate payees, beneficiaries, spouses and authorized 
agents; 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.
    De-identified, aggregated information from this system may be used 
for research into, and statistical information about, benefit 
determinations for actuaries and publications.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Participants, alternate payees, beneficiaries, spouses and domestic 
partners in terminated and non-terminated retirement 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; gender; 
social security numbers and other Social Security Administration 
information; tax identification numbers; dates of birth and death; 
dates of hire, termination, and retirement; 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 retirement plans; powers of 
attorney; insurance information where plan benefits are provided by 
private insurers; medical records; disability information; retirement 
plan names and numbers; correspondence; initial and final PBGC 
determinations (see, 29 CFR 4003.21 and 4003.59); and other records 
relating to debts owed to the Federal Government.

RECORD SOURCE CATEGORIES:
    Plan administrators; participants, spouses, alternate payees, 
beneficiaries, and other individuals who contact PBGC regarding 
benefits they may be owed from PBGC; collectively bargained labor 
organizations; insurance companies; locator services (such as credit 
reporting agencies and debt collection firms or agencies, to locate 
participants, beneficiaries, and alternate payees); agents listed on 
release forms or power of attorneys; PBGC Field Office; the Social 
Security Administration (SSA); the Federal Aviation Administration 
(FAA); and other Federal agencies.

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 G14, 
apply to this system of records (see Prefatory Statement of General 
Routine Uses at 83 FR 6247, 6252 (February 13, 2018)).
    2. A record from this system of records may be disclosed to third 
parties, such as banks, insurance companies, collectively bargained 
labor organizations, or trustees:
    a. To enable these third parties to make or determine benefit 
payments, or
    b. To report to the Internal Revenue Service (IRS) the amounts of 
benefits

[[Page 79004]]

paid (or required to be paid) and taxes withheld.
    3. A record from this system 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 control group.
    4. A record from this system may be disclosed, upon request, for a 
purpose authorized under 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 
PBGC may be disclosed to the Department of the Treasury or a debt 
collection agency or to collect a claim. Disclosure to a debt 
collection agency may 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 will be used exclusively pursuant to the terms and conditions 
of such contract and will be used solely for the purposes prescribed 
therein. The contract must provide that the information so disclosed 
will 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 to obtain information relevant 
to the participant's eligibility or continued eligibility for 
disability benefits.
    7. The name of a participant's plan, the actual or estimated amount 
of a participant's benefit under 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, 
domestic partner, former spouse, former domestic partner, 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). PBGC will disclose the 
information only upon the receipt of a written request by a prospective 
alternate payee, or the alternate 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. PBGC will notify 
the participant of any information disclosed to a prospective alternate 
payee or their representative under this routine use.
    8. Information from an initial benefit determination under 29 CFR 
4003 (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, et seq., to explain how 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, 
et seq. PBGC will 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 benefit 
determination under 29 CFR 4003.1 (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 PBGC 
determined the benefit due to the alternate payee so that the 
participant may pursue an administrative appeal of the benefit 
determination under 29 CFR 4003, et seq. PBGC will 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 PBGC calculated the benefit, or 
share of the benefit, of the participant or alternate payee. PBGC will 
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 Dislocated Worker Grant from the Department of Labor under the 
Workforce Innovation and Opportunity Act of 2014 to provide assistance 
and support services for state residents under 29 U.S.C. 3225.
    13. Payees' names, social security numbers, and dates of birth may 
be provided to the Department of the Treasury's Bureau of the Fiscal 
Service, the Social Security Administration, the Internal Revenue 
Service, or a third party with whom PBGC has a contractual 
relationship, to verify payees' eligibility to receive payments.
    14. 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, 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. With the exception of third-party social security numbers, all 
beneficiary information contained in the participant file (such as: 
names, addresses, phone numbers, email addresses and dates of birth) 
provided by the subject of the record may be disclosed to the subject 
of the record, upon written request to the Disclosure Officer in 
accordance with the Record Access Procedure outlined below.
    17. Names, social security numbers, last known addresses, dates of 
birth and death, amount of benefit, 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 third parties, 
with whom PBGC has a contractual relationship, that provide locator 
services (including credit reporting agencies, debt collection

[[Page 79005]]

firms, or other Federal agencies) to locate participants and 
beneficiaries. Such information will be disclosed only if PBGC has no 
address for an individual, if mail sent to the individual at the last 
known address is returned as undeliverable, if PBGC has been unable to 
make benefit payments to those participants, beneficiaries, and 
alternate payees because the address on file is unable to be confirmed 
as current or correct or if PBGC has been otherwise unsuccessful at 
contacting the individual. Disclosure may be made only under a contract 
that subjects the firm or agency providing the service and its 
employees to the civil and criminal penalties of the Privacy Act. The 
information so disclosed will be used exclusively pursuant to the terms 
and conditions of such contract and will be used solely for the 
purposes prescribed therein. The contract shall provide that the 
information so disclosed must 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.
    19. A record from this system may be disclosed to a consumer 
reporting agency in accordance with 31 U.S.C. 3711(e).
    20. 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 may 
be made only under a contract that binds the licensee of the USPS and 
its employees to the civil and criminal penalties of the Privacy Act. 
The contract must provide that the records disclosed by PBGC will 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained manually in paper and/or electronic form 
(including computer databases or discs). Records may also be maintained 
on back-up tapes, or on a PBGC or a contractor-hosted network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by any one or more of the following: name; 
social security number; customer identification number; address; date 
of birth; or date of death.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and destroyed in accordance with the 
National Archives and Record Administration's (NARA) Basic Laws and 
Authorities (44 U.S.C. 3301, et seq.) 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 practice for 
participant systems and will be maintained in accordance with PBGC 
Records Schedule Item 2.1: Plan, Participant, and Insurance Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    PBGC has established security and privacy protocols that meet the 
required security and privacy standards issued by the National 
Institute of Standards and Technology (NIST). Records are maintained in 
a secure, password protected electronic system that utilizes security 
hardware and software to include multiple firewalls, active intruder 
detection, and role-based access controls. PBGC has adopted appropriate 
administrative, technical, and physical controls in accordance with 
PBGC's security program to protect the confidentiality, integrity, and 
availability of the information, and to ensure that records are not 
disclosed to or accessed by unauthorized individuals.
    Electronic records are stored on computer networks, which may 
include cloud-based systems, and protected by controlled access with 
Personal Identity Verification (PIV) cards, assigning user accounts to 
individuals needing access to the records and by passwords set by 
authorized users that must be changed periodically.
    Paper and electronic records that contain Federal Tax Information 
are stored under procedures that meet IRS safeguarding standards, as 
reflected in IRS Publication 1075, and are kept in file folders in 
areas of restricted access that are locked after office hours.

RECORD ACCESS PROCEDURES:
    Individuals, or third parties with written authorization from the 
individual, wishing to request access to their records in accordance 
with 29 CFR 4902.4 or to amend records pertaining to themselves in 
accordance with 29 CRF 4902.5, should submit a written request to the 
Disclosure Officer, PBGC, 445 12th Street SW, Washington, DC 20024-
2101, providing their name, address, date of birth, and verification of 
their identity in accordance with 29 CFR 4902.3(c).

CONTESTING RECORD PROCEDURES:
    Individuals, or third parties with written authorization from the 
individual, wishing to amend their records must submit a written 
request, in accordance with 29 CFR 4902.5, identifying the information 
they wish to correct in their file, in addition to following the 
requirements of the Record Access Procedure above.

NOTIFICATION PROCEDURES:
    Individuals, or third parties with written authorization from the 
individual, wishing to learn whether this system of records contains 
information about them should submit a written request to the 
Disclosure Officer, PBGC, 445 12th Street SW, Washington, DC 20024-
2101, providing their name, address, date of birth, and verification of 
their identity in accordance with 29 CFR 4902.3(c).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    PBGC: 6, Plan Participant and Beneficiary Data (last published at 
83 FR 6247, 6256 (February 13, 2018)).

[FR Doc. 2022-27986 Filed 12-22-22; 8:45 am]
BILLING CODE 7709-02-P