Privacy Act of 1974; Computer Matching Programs OPM/Department of Labor, Office of Workers' Compensation Programs

OFFICE OF PERSONNEL MANAGEMENT

Privacy Act of 1974; Computer Matching Programs OPM/Department of

Labor, Office of Workers' Compensation Programs

AGENCY: Office of Personnel Management (OPM).

ACTION: Publication of notice of computer matching to comply with

Public Law 100-503, the Computer Matching and Privacy Act of 1988.

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SUMMARY: OPM is publishing notice of its computer matching program with

the Department of Labor, Office of Workers' Compensation Programs

(OWCP) to meet the reporting and publication requirements of Public Law

100-503. The purpose of the match is to identify and/or prevent

erroneous payments under the Civil Service Retirement Act (CSRA) or the

Federal Employees' Retirement System Act (FERSA) and the Federal

Employees' Compensation Act (FECA). The match will identify individuals

receiving prohibited concurrent benefits under CSRA or FERSA and the

FECA. Both the CSRA and FERSA, on one hand, and the FECA, on the other,

prohibit the receipt of certain concurrent payments covering the same

period of time. The match will involve the OPM system of records

published as OPM CENTRAL-1, Civil Service Retirement and Insurance

Records at 60 FR 63075, December 8, 1995, and the Department of Labor

system of records published as DOL/GOVT-1, entitled ``Office of

Workers' Compensation Programs, Federal Employees' Compensation Act

File'', at 58 FR 49548, on September 23, 1993, with amendments

published at 59 FR 47361 on September 15, 1994.

DATE: The matching program will begin in October 1996, or 40 days after

agreements by the parties participating in the match have been

submitted to Congress and the Office of Management and Budget,

whichever is later. The matching program will continue for 18 months

from the beginning date and may be extended an additional 12 months

thereafter. The data exchange will begin at a date mutually agreed upon

between OPM and OWCP after October 1, 1996, unless comments are

received which will result in a contrary determination. Subsequent

matches will take place semi-annually on a recurring basis until one of

the parties advises the other in writing of its intention to

reevaluate, modify and/or terminate the agreement.

ADDRESS: Send comments to Kathleen M. McGettigan, Assistant Director

for

[[Page 50352]]

Financial Control and Management, Office of Personnel Management, Room

4312, 1900 E. Street, NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:

Marc Flaster (202) 606-2115.

SUPPLEMENTARY INFORMATION: The computer matching program between OPM

and OWCP will involve comparison of beneficiaries under the FECA and

the CSRA or the FERSA. The match will identify beneficiaries receiving

payment of compensation for wage loss or death under the FECA and those

receiving retirement or death benefits under the CSRA or FERSA covering

the same period of time.

The concurrent receipt of benefits under the FECA based on wage

loss and under the CSRA or FERSA for retirement, or under the FECA,

CSRA, or FERSA based on the death of the Federal employee is

prohibited. It is the responsibility of OPM to monitor retirement

annuity and survivor benefits paid under the CSRA or FERSA to ensure

that its beneficiaries are not receiving benefits under the FECA which

are prohibited during receipt of benefits under the CSRA or FERSA.

Similarly, it is the responsibility of the OWCP to ensure that Federal

employees or dependents of deceased Federal employees receiving

benefits under the FECA are not also receiving benefits under the CSRA

or FERSA which are prohibited.

By comparing the information received through this computer

matching program on a recurring basis, the agencies will be able to

make a timely and more accurate adjustment in the benefits payable. The

match will prevent overpayments, fraud and abuse, thus assuring that

benefit payments are proper under the appropriate Acts.

Additional information, regarding the matching program, including

the authority for the program, a description of the matches, the

personnel records to be matched, the dates of the program, security

safeguards, and plans for disposition following completion of the

matches are provided in the text below.

Office of Personnel Management.

James B. King,

Director.

Matching of Records between Office of Workers' Compensation

Programs and Office of Personnel Management

A. Authority: The Civil Service Retirement Act (CSRA), U.S.C.,

8331, et seq.; the Federal Employees' Retirement System Act (FERSA), 5

U.S.C., 8401, et seq.; and the Federal Employees' Compensation Act

(FECA), 5 U.S.C., 8101, et seq.

B. Description of Computer Matching Program: OPM pays annuities or

survivor benefits to individuals who may also receive benefits under

the FECA. It is the responsibility of OPM as the administrator of the

CSRA and the FERSA to assure that such benefit payments are proper and

to prevent fraud and abuse. The computer matching program is an

efficient and nonobstrusive method of determining whether these

individuals are receiving benefits from both OWCP and OPM prohibited by

the FECA, CSRA and FERSA. OWCP will provide OPM with extracts of its

payment files containing data (names, social security numbers, dates of

birth, claim numbers, payee relationship codes, addresses, zip codes,

and payment data) needed to identify the individual and determine if he

or she is receiving benefits from both organizations at the same time.

OPM will match OWCP's extract of its payment files against its payment

records for the same dates to determine if benefits were being paid on

the same date by both agencies. OPM will provide OWCP with a list of

valid matches. Both organizations will detect, identify, and follow-up

on payment of prohibited dual benefits. An individual identified as

receiving prohibited dual benefits will be offered an opportunity to

contest the findings and proposed actions and the opportunity to elect

the benefits he or she wishes to receive. The organization responsible

for initiating the recovery of the overpayment of benefits will afford

the individual due process before any payment modifications are made.

C. Personal Records to be Matched: The OPM system of records

published as OPM-CENTRAL-1, Civil Service Retirement and Insurance

Records, at 60 FR 63075, December 8, 1995, which contains payment data

on recipients of CSRA and FERSA benefits disbursed by OPM will be

matched to OWCP records published at 58 FR 49548, on September 23, 1993

with amendments published at 59 FR 47361 on September 15, 1994, which

contains data pertinent to the payment of Federal employees and their

dependents under the FECA.

D. Dates: Data exchanges will begin during calendar year 1996 at a

mutually agreeable time and will be repeated every six months, until

one of the parties to the agreement advises the other by written

request to terminate or modify the agreement.

E. Privacy Safeguards and Security: The personal privacy of the

individuals whose names are included in the tapes is protected by

strict adherence to the provisions of the Privacy Act of 1974 and OMB's

Guidance Interpreting the Provisions of Pub. L. 100-503, the Computer

Matching and Privacy Protection Act of 1988 (54 FR 25818). Security

safeguards include limiting access only to the files agreed to and only

to agency personnel having a ``need to know''. All automated records

will be password protected and the data listing will be locked in file

areas after normal duty hours. Records matched or created by the match

will be stored in an area that is physically safe from access by

unauthorized persons during duty hours and nonduty hours or when not in

use.

F. Disposal of Records: The files will remain the property of the

respective source agencies and all records including those not

containing matches will be returned to the source agency for

destruction. ``Hits,'' the records relating to matched individuals,

will be disposed of in accordance with the provisions of the Privacy

Act and the Federal Record Schedules after serving their purpose. The

data obtained from confirmed hits will be entered in the claims file,

subject to release only in accordance with the provisions of the

Privacy Act.

[FR Doc. 96-24565 Filed 9-24-96; 8:45 am]

BILLING CODE 6325-01-M