Privacy Act of 1994; Computer Matching Programs Office of Personnel Management/Department of Labor Office of Workers' Compensation Programs

OFFICE OF PERSONNEL MANAGEMENT

Privacy Act of 1994; Computer Matching Programs Office of

Personnel Management/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 this 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 benefits simultaneously under CSRA or FERSA and

the FECA. All three laws prohibit the receipt of certain simultaneous

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, as amended August 27, 1998 (63 FR 45881) 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

[[Page 50307]]

amendments published at 59 FR 47361 on September 15, 1994.

DATES: The matching program will begin in September 1999, 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 September 1, 1999, unless comments to the

match are received that result in cancellation of the program.

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.

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

for Systems, Finance and Administration, 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 FERS 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 a Federal employee is prohibited.

OPM has the responsibility to monitor retirement annuity and survivor

benefits paid under the retirement laws to ensure that it beneficiaries

are not receiving benefits under the FECA which are prohibited during

receipt of benefits under the CSRA or FERSA. Similarly, it is OWCP's

responsibility to ensure that Federal employees or dependents of

deceased Federal employees receiving benefits under the FECA are not

also receiving benefits under CSRA or FERSA which are prohibited.

By comparing the information received through this computer

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

a timely and more accurate adjustment in their benefit payments. 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, security safeguards, and plans for the

disposal of records following completion of the match are provided in

the text below.

Office of Personnel Management.

Janice R. Lachance,

Director.

Matching of Records Between Office of Workers' Compensation

Programs and the Office of Personnel Management

A. Authority. The Civil Service Retirement Act (CSRA), 5 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 also may receive benefits under

the FECA. OPM's responsibility as the Administrator of CSRA and the

FERSA is to assure that such benefit payments are proper and to prevent

fraud and abuse. The computer matching program is an efficient method

of determining whether these individuals are receiving benefits

simultaneously from both OPM and OWCP which is prohibited by law.

OWCP will provide OPM with extracts of its payment files containing

data (names, social security 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 for the same day 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. This due process will be provided to the

individual before any payment adjustments are made.

C. Personnel Records to be Matched. The respective OPM and OWCP

system of records cited above, which contain payment date on

beneficiaries, will be matched.

D. 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 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 normal work hours and after work, or when

not in use.

E. 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'', those records relating to matched individuals,

will be disposed of in accordance with 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. 99-24113 Filed 9-15-99; 8:45 am]

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