Privacy Act of 1974; System of Records, 19393-19397 [2024-05651]

Agencies

• DEPARTMENT OF THE TREASURY

[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Notices]
[Pages 19393-19397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05651]


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DEPARTMENT OF THE TREASURY


Privacy Act of 1974; System of Records

AGENCY: Departmental Offices, Department of the Treasury.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
the Treasury (``Treasury'' or the ``Department''), Departmental Offices 
on January 26, 2024, published a notice in the Federal Register 
proposing to modify a current Treasury system of records titled, 
``Department of the Treasury, Departmental Offices .214--DC Pensions 
Retirement Records'' System of Records. This system of records is a 
collection of information used by the Office of DC Pensions to 
administer certain District of Columbia (``District'') retirement 
plans, and the modification of the system of records notice is being 
published in order to clarify and update the description of the system 
of records. This notice adopts the proposed modified system of records 
with minor modifications in response to a public comment.

DATES: The modification of the system of records notice is applicable 
on March 18, 2024.

ADDRESSES: Deputy Assistant Secretary for Privacy, Transparency, and 
Records, Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Washington, DC 20220, Attention: Revisions to Privacy Act Systems of 
Records.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:

[[Page 19394]]

Shalamar Barnes, 202-622-6173, the Office of DC Pensions, Departmental 
Offices, 1500 Pennsylvania Avenue NW, Washington, DC 20220. For privacy 
issues, please contact: the Deputy Assistant Secretary for Privacy, 
Transparency, and Records (202-622-5710), Department of the Treasury, 
1500 Pennsylvania Avenue NW, Washington, DC 20220.

SUPPLEMENTARY INFORMATION: On January 26, 2024, the Department of the 
Treasury, Departmental Offices, published a modification of a system of 
records notice (``SORN'') in the Federal Register, 89 FR 5305, 
proposing to modify a current Treasury system of records titled, 
``Department of the Treasury, Departmental Offices .214--DC Pensions 
Retirement Records'' System of Records.
    The modification updated the system of records to reflect current 
procedures. The system of records is collecting information under the 
Paperwork Reduction Act using the following forms:

 Health Benefits Registration Form (SF 2809) OMB No. 3206-0160 
(expiration 7/31/2025)
 Life Insurance Election-FEGLI (SF 2817) OMB No. 3206-0230 
(expiration 9/30/2024)
 Designation of Beneficiary Federal Group Life Insurance 
(FEGLI) Program (SF 2823) OMB No. 3206-0136 (expiration 12/31/2023)
 Withholding Certificate for Pension or Annuity Payments (W-4P) 
OMB No. 1545-0074 (expiration 12/31/2023)
 Withholding Certificate for Nonperiodic Payments and Eligible 
Rollover Distributions (W-4R) OMB No. 1545-0074 (expiration 12/31/2023)

    Treasury will include this modified system in its inventory of 
record systems.
    Below is the description of the Treasury, Departmental Offices 
.214--DC Pensions Retirement Records System of Records.
    Treasury has provided a report of this system of records to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget (OMB), 
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act,'' dated December 23, 2016.

Public Comments

    Treasury received one comment on the SORN. The comment stated, ``We 
respectfully request that the Department of the Treasury update these 
regulations to replace the term `physician' with `licensed health care 
professional.' This will maintain the privacy protection that is in 
place, while also ensuring that an individual who selects a nurse 
practitioner, or other licensed health care professional, as their 
provider of choice, is authorized to designate that clinician as the 
recipient of their medical records.''
    In response to the comment, in this notice, Treasury replaced 
references to ``physician'' with ``health professional.''

Ryan Law,
Deputy Assistant Secretary for Privacy, Transparency, and Records.

SYSTEM NAME AND NUMBER:
    Department of the Treasury, DO .214--DC Pensions Retirement Records

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    The records are maintained at the Office of DC Pensions, Department 
of the Treasury, in Washington, DC and the Bureau of the Fiscal Service 
in Parkersburg, WV, Kansas City, MO, and privately run secure storage 
facilities in various States.

SYSTEM MANAGER(S):
    Director, Office of DC Pensions, U.S. Department of the Treasury, 
1500 Pennsylvania Avenue NW, Washington, DC 20220.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title XI, subtitle A, chapters 1 through 9, and subtitle C, chapter 
4, subchapter B of the Balanced Budget Act of 1997, Public Law 105-33 
(as amended); 31 U.S.C 321; and 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    These records may provide information on which to base 
determinations of (1) eligibility for, and computation of, benefit 
payments and refund of contribution payments; (2) direct deposit 
elections into a financial institution; (3) eligibility and premiums 
for health insurance and group life insurance; (4) withholding of 
income taxes; (5) under- or over-payments to recipients of a benefit 
payment (6) the recipient's ability to repay an overpayment; (7) the 
Federal payment made from the General Fund to the District of Columbia 
Teachers, Police Officers and Firefighters Federal Pension Fund and the 
District of Columbia Judicial Retirement and Survivors Annuity Fund; 
(8) the impact on benefit payments due to proposed Federal and/or 
District legislative changes; (9) the District or Federal liability for 
benefit payments to former District police officers, firefighters, 
teachers, and judges, including survivors, dependents, and 
beneficiaries who are receiving a Federal and/or District benefit; (10) 
whether someone committed fraud; and (11) the reliability of financial 
statements.
    Consistent with Treasury's information sharing mission, information 
stored in DO .214--DC Retirement Records may be shared with other 
Treasury Bureaus, as well as appropriate Federal, State, local, Tribal, 
foreign, or international government agencies. This sharing will only 
occur after Treasury determines that the receiving Bureau or agency 
needs to know the information to carry out national security, law 
enforcement, intelligence, or other functions consistent with the 
routine uses set forth in this system of records notice.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (A) Current and former District of Columbia police officers, 
firefighters, teachers, and judges.
    (B) Surviving spouses, domestic partners, children, and/or 
dependent parents of current and former District of Columbia police 
officers, firefighters, teachers, or judges, as applicable.
    (C) Former spouses and domestic partners of current and former 
District of Columbia police officers, firefighters, teachers, or 
judges, as applicable.
    (D) Designated beneficiaries of items A, B, and C.
    (E) Non-annuitant debtors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records include, but are not limited to, 
identifying information such as: name(s); contact information; mailing 
address; Social Security number; employee identification number; 
service beginning and end dates; annuity beginning and end dates; date 
of birth; sex; retirement plan; base pay; average base pay; final 
salary; type(s) of service and dates used to compute length of service; 
military base pay amount; purchase of service calculation and amount; 
and/or benefit payment amount(s). The types of records in the system 
may be:
    (a) Documentation comprised of service history/credit, personnel 
data, retirement contributions, and/or a refund claim upon which a 
benefit payment(s) may be based.
    (b) Medical records and supporting evidence for disability 
retirement applications and continued eligibility,

[[Page 19395]]

and documentation regarding the acceptance or rejection of such 
applications.
    (c) Records submitted by a surviving spouse, a domestic partner, a 
child(ren), and/or a dependent parent(s) in support of claims to a 
benefit payment(s).
    (d) Records related to the withholding of income tax from a benefit 
payment(s).
    (e) Retirement applications, including supporting documentation, 
and acceptance or denial of such applications.
    (f) Death benefit applications, including supporting documentation, 
submitted by a surviving spouse, domestic partner, child(ren), former 
spouse, and/or beneficiary, that is required to determine eligibility 
for and receipt of a benefit payment(s), or denial of such claims.
    (g) Documentation of enrollment and/or change in enrollment for 
health and life insurance benefits/eligibility.
    (h) Designation(s) of a beneficiary(ies) for a life insurance 
benefit and/or an unpaid benefit payment.
    (i) Court orders submitted by former spouses or domestic partners 
in support of claims to a benefit payment(s).
    (j) Records relating to under- and/or over-payments of benefit 
payments.
    (k) Records relating to the refunds of employee contributions.
    (l) Records relating to child support orders, bankruptcies, tax 
levies, and garnishments.
    (m) Records used to determine a total benefit payment and/or if the 
benefit payment is a District or Federal liability.
    (n) Correspondence received from individuals covered by the system.
    (o) Records relating to time served on behalf of a recognized labor 
organization.
    (p) Records relating to benefit payment enrollment and/or change to 
enrollment for direct deposit to an individual's financial institution.
    (q) Records relating to educational program enrollments of age 18 
and older children of former police officers, firefighters, teachers, 
and judges.
    (r) Records relating to the mental or physical disability condition 
of age 18 and older children of former police officers, firefighters, 
teachers, and judges.
    (s) Records relating to a debtor's financial information, including 
financial disclosure forms, credit reports, tax filings, bank 
statements, and financial obligations.

RECORD SOURCE CATEGORIES:
    The information in this system is obtained from:
    a. The individual, or their representative, to whom the information 
pertains.
    b. District pay, leave, and allowance records.
    c. Health benefits and life insurance plan records maintained by 
the Office of Personnel Management, the District, and health and life 
insurance carriers.
    d. Federal civilian retirement systems.
    e. Military retired pay system records.
    f. Social Security Old Age, Survivor, and Disability Insurance and 
Medicare Programs.
    g. Official personnel folders.
    h. Health professionals who have examined or treated the 
individual.
    i. Surviving spouse, domestic partners, child(ren), former 
spouse(s), former domestic partner(s), and/or dependent parent(s) of 
the individual to whom the information pertains.
    j. State courts or support enforcement agencies.
    k. Credit bureaus and financial institutions.
    l. Government Offices of the District of Columbia, including the 
District of Columbia Retirement Board.
    m. The General Services Administration National Payroll Center.
    n. The Department of the Interior Payroll Office.
    o. Educational institutions.
    p. Other components of the Department of the Treasury.
    q. The Department of Justice.
    r. Death reporting sources.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act of 1974, 5 U.S.C. 552a(b) records and/or information or 
portions thereof maintained as part of this system may be disclosed 
outside Treasury as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    (1) To the United States Department of Justice (``DOJ''), for the 
purpose of representing or providing legal advice to the Department in 
a proceeding before a court, adjudicative body, or other administrative 
body before which the Department is authorized to appear, when such 
proceeding involves:
    (a) The Department or any component thereof;
    (b) Any employee of the Department in his or her official capacity;
    (c) Any employee of the Department in his or her individual 
capacity where the Department of Justice or the Department has agreed 
to represent the employee; or
    (d) The United States, when the Department determines that 
litigation is likely to affect the Department or any of its components; 
and the use of such records by the DOJ is deemed by the DOJ or the 
Department to be relevant and necessary to the litigation provided that 
the disclosure is compatible with the purpose for which records were 
collected.
    (2) To an appropriate Federal, State, local, Tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, background 
investigation, license, contract, grant, or other benefit, or if the 
information is relevant and necessary to a DC Pension decision 
concerning 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, or the issuance of a license, grant or other 
benefit and when disclosure is appropriate to the proper performance of 
the official duties of the person making the request.
    (3) To a Congressional office in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (4) To the National Archives and Records Administration Archivist 
(or Archivist's designee) pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906;
    (5) To appropriate agencies, entities, and persons when (1) the 
Department of the Treasury suspects or has confirmed that there has 
been a breach of the system of records; (2) the Department of the 
Treasury has determined that as a result of the suspected or confirmed 
breach there is a risk of harm to individuals, the Department of the 
Treasury (including its information systems, programs, and operations), 
the Federal Government, or national security; and (3) the disclosure 
made to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the Department of the Treasury's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm;
    (6) To another Federal agency or Federal entity, when the 
Department of the Treasury determines that information from this system 
of records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach;

[[Page 19396]]

    (7) To disclose information to another Federal agency, to a court, 
or to a party in litigation before a court or in an administrative 
proceeding being conducted by a Federal agency, when the Federal 
Government is a party to the judicial or administrative proceeding. In 
those cases where the Federal Government is not a party to the 
proceeding, records may not be disclosed unless the party complies with 
the requirements of 31 CFR 1.11;
    (8) To disclose information to contractors, subcontractors, 
financial agents, grantees, auditors, actuaries, interns, or volunteers 
performing or working on a contract, service, grant, cooperative 
agreement, or job for the Department, or the District;
    (9) To disclose information needed to adjudicate a claim for 
benefit payments or information needed to conduct an analytical study 
of benefits being paid under such programs as: Social Security 
Administration's Old Age, Survivor, and Disability Insurance and 
Medical Programs; military retired pay programs; and Federal civilian 
employee retirement programs (Civil Service Retirement System, Federal 
Employees Retirement System, and other Federal retirement systems);
    (10) To disclose to the U.S. Office of Personnel Management (OPM) 
and to the District, information necessary to verify the election, 
declination, or waiver of basic and/or optional life insurance 
coverage, or coordinate with contract carriers the benefit provisions 
of such coverage;
    (11) To disclose to health insurance carriers contracting with OPM 
to provide a health benefits plan under the Federal Employees Health 
Benefits Program or health insurance carriers contracting with the 
District to provide a health benefits plan under the health benefits 
program for District employees, Social Security numbers and other 
information necessary to identify enrollment in a plan, to verify 
eligibility for payment of a claim for health benefits, or to carry out 
the coordination for benefits provisions of such contracts;
    (12) To disclose health insurance enrollment information to OPM. 
OPM provides this enrollment information to their health care carriers 
who provide a health benefits plan under the Federal Employees Health 
Benefits Program, or health insurance carriers contracting with the 
District to provide a health benefits plan under the health benefits 
program for District employees, Social Security numbers and other 
information necessary to identify enrollment in a plan, to verify 
eligibility for payment of a claim for health benefits, or to carry out 
the coordination for benefits provisions of such contracts;
    (13) To disclose to certain people possibly entitled to a benefit 
payment information that is contained in the record of a deceased 
current or former police officer, firefighter, teacher, or judge to 
assist in properly determining the eligibility and amount of a benefit 
payment to a surviving recipient, or information that results from such 
determination;
    (14) To disclose to any person who is legally responsible for the 
care of an individual to whom a record pertains, or who otherwise has 
an existing, facially-valid power of attorney, including care of an 
individual who is mentally incompetent or under other legal disability, 
information necessary to assure application or payment of benefits to 
which the individual may be entitled;
    (15) To disclose to the Parent Locator Service of the Department of 
Health and Human Services, upon its request, the present address of an 
individual covered by the system needed for enforcing child support 
obligations of such individual;
    (16) In connection with an examination ordered by the District or 
the Department under:
    (a) Medical examination procedures; or
    (b) Involuntary disability retirement procedures to disclose to the 
representative of an employee, notices, decisions, other written 
communications, or any other pertinent medical evidence other than 
medical evidence about which a prudent health professional would 
hesitate to inform the individual; such medical evidence will be 
disclosed only to a health professional, designated in writing for that 
purpose by the individual or his or her representative. The health 
professional must be capable of explaining the contents of the medical 
record(s) to the individual and be willing to provide the entire 
record(s) to the individual;
    (17) To disclose information to any source from which the 
Department seeks additional information that is relevant to a 
determination of an individual's eligibility for, or entitlement to, 
coverage under the applicable retirement, life insurance, and health 
benefits program, to the extent necessary to obtain the information 
requested;
    (18) To disclose information to the Office of Management and Budget 
(OMB) at any stage of the legislative coordination and clearance 
process in connection with private relief legislation as set forth in 
OMB Circular No. A-19;
    (19) To disclose to Federal, State, and local government agencies 
responsible for the collection of income taxes the information required 
to implement voluntary income tax withholdings from benefit payments;
    (20) To disclose to the Social Security Administration the names 
and Social Security numbers of individuals covered by the system when 
necessary to determine (1) their vital status as shown in the Social 
Security Master Records and (2) whether retirees receiving benefit 
payments under the District's retirement plan for police officers and 
firefighters with post-1956 military service credit are eligible for or 
are receiving old age or survivors benefits under section 202 of the 
Social Security Act based upon their wages and self-employment income;
    (21) To disclose to Federal, State, and local government agencies 
information to help eliminate fraud and abuse in a benefits program 
administered by a requesting Federal, State, or local government 
agency; to ensure compliance with Federal, State, and local government 
tax obligations by persons receiving benefits payments; and/or to 
collect debts and overpayments owed to the requesting Federal, State, 
or local government agency;
    (22) To disclose to a Federal agency, or a person or an 
organization under contract with a Federal agency to render collection 
services for a Federal agency as permitted by law, in response to a 
written request from the head of the agency or his designee, or from 
the debt collection contractor, data concerning an individual owing a 
debt to the Federal Government;
    (23) To disclose, as permitted by law, information to a State court 
or administrative agency in connection with a garnishment, attachment, 
or similar proceeding to enforce alimony or a child support obligation;
    (24) To disclose information necessary to locate individuals who 
are owed money or property by a Federal, State, or local government 
agency, or by a financial institution or similar institution, to the 
government agency owing or otherwise responsible for the money or 
property (or its agent);
    (25) To disclose information necessary in connection with the 
review of a disputed claim for health benefits to a health plan 
provider participating in the Federal Employees Health Benefits Program 
or the health benefits program for District employees, and to a program 
enrollee or covered family

[[Page 19397]]

member or an enrollee or covered family member's authorized 
representative;
    (26) To disclose information to another Federal agency for the 
purpose of effecting administrative or salary offset against a person 
employed by that agency, or who is receiving or eligible to receive 
benefit payments from the agency when the Department as a creditor has 
a claim against that person relating to benefit payments;
    (27) To disclose information concerning delinquent debts relating 
to benefit payments to other Federal agencies for the purpose of 
barring delinquent debtors from obtaining Federal loans or loan 
insurance guarantees pursuant to 31 U.S.C. 3720B;
    (28) To disclose to Federal, State, and local government agencies 
information used for collecting debts relating to benefit payments;
    (29) To disclose to appropriate agencies, entities, and persons 
when:
    (a) The Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; or
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and
    (c) The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm;
    (30) To disclose to a former spouse information necessary to 
explain how his/her former spouse's benefit was computed;
    (31) To disclose to a surviving spouse, domestic partner, surviving 
child, dependent parent, and/or legal guardian information necessary to 
explain how his/her survivor benefit was computed; and
    (32) To disclose to a spouse, domestic partner, or dependent child 
(or court-appointed guardian thereof) of an individual covered by the 
system, upon request, whether the individual:
    (a) changed his/her health insurance coverage and/or changed life 
insurance benefit enrollment, or
    (b) received a lump-sum refund of his/her retirement contributions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper records in this system are stored in secure facilities in a 
locked drawer, behind a locked door. Electronic records are stored on 
magnetic disc, tape, digital media, and CD-ROM in secure facilities.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by various combinations of name; date of 
birth; Social Security number; and/or an automatically assigned, 
system-generated number of the individual to whom they pertain.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with National Archives and Records Administration 
(NARA) retention schedule, N1-056-09-001, certain records will be 
destroyed after 115 years from the date of the former police officer's, 
firefighter's, teacher's or judge's birth; or 30 years after the date 
of his/her death, if no application for benefits is received. Under 
that retention schedule, if a survivor or former spouse receives a 
benefit payment, such record will be destroyed after his/her death. All 
other records covered by this system will be destroyed in accordance 
with approved Federal and Department guidelines. Paper records will be 
destroyed by shredding or burning. Records in electronic media will be 
electronically erased using NARA guidelines.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable Treasury 
automated systems security and access policies. Strict controls have 
been imposed to minimize the risk of compromising the information that 
is being stored. Access to the computer system containing the records 
in this system is limited to those who ``need-to-know'' the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

RECORD ACCESS PROCEDURES:
    See ``Notification Procedures'' below.

CONTESTING RECORD PROCEDURES:
    See ``Notification Procedures'' below.

NOTIFICATION PROCEDURES:
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 31 CFR part 1.36. You must 
first verify your identity, meaning that you must provide your full 
name, current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. In addition, you should 
provide the following:
     An explanation of why you believe the Department would 
have information on you;
     Identify which bureau(s) of the Department you believe may 
have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the Bureau or 
Freedom of Information Act staff determine which Treasury Bureau may 
have responsive records; and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the Office of DC Pensions may not 
be able to conduct an effective search, and your request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Notice of this system of records was last published in full in the 
Federal Register on March 9, 2021 at 86 FR 13611, as the Department of 
the Treasury, Departmental Offices .214--DC Pensions Retirement 
Records.

[FR Doc. 2024-05651 Filed 3-15-24; 8:45 am]
BILLING CODE 4810-AK-P