[Federal Register: May 1, 2000 (Volume 65, Number 84)]
[Notices]
[Page 25397-25399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my00-93]
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PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974; System of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of a new system of records--PBGC-13, Debt Collection--
PBGC.
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SUMMARY: The Pension Benefit Guaranty Corporation proposes to establish
a new system of records maintained pursuant to the Privacy Act of 1974,
as amended. The new system of records, PBGC-13, Debt Collection--PBGC,
will be maintained to collect debts owed to PBGC by various
individuals. A routine use will permit disclosure of records to the
United States Department of Treasury for debt collection pursuant to
the Debt Collection Improvement Act of 1996.
DATES: Comments on the new system of records must be received on or
before May 31, 2000. The new system of records will become effective
June 15, 2000, without further notice, unless comments result in a
contrary determination and a notice is published to that effect.
ADDRESSES: Comments may be mailed to the Office of the General Counsel,
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington,
DC 20005-4026, or delivered to Suite 340 at the above address. Comments
also may be sent by Internet e-mail to reg.comments@pbgc.gov. Comments
will be available for public inspection at the PBGC's Communications
and Public Affairs Department, Suite 240.
FOR FURTHER INFORMATION CONTACT: Holli Beckerman Jaffe, Attorney,
[[Page 25398]]
Pension Benefit Guaranty Corporation, Office of the General Counsel,
1200 K Street, NW., Washington, DC 20005-4026; 202-326-4123. (For TTY/
TDD users, call the Federal relay service toll-free at 1-800-877-8339
and ask to be connected to 202-326-4024.)
SUPPLEMENTARY INFORMATION: The PBGC proposes to establish a new debt
collection system of records entitled PBGC-13, Debt Collection,
pursuant to the Privacy Act of 1974, as amended. The new system of
records will be maintained to collect debts owed to PBGC by various
individuals. A routine use will permit disclosure of certain
information about debtors and delinquent debts to the Department of
Treasury (Treasury) to facilitate the PBGC's compliance with the
transfer and disclosure provisions of the Debt Collection Improvement
Act of 1996 (DCIA), 31 U.S.C. 3711(e) & (g). General Routine Uses G1
and G4 through G8, from PBGC's Prefatory Statement of General Routine
Uses, last published at 60 FR 57462, 57463-57464 (1995), will also
apply to records maintained in PBGC-13.
Section 3711(g) of DCIA requires Federal agencies to transfer any
non-tax debt that is over 180 days delinquent to the Department of
Treasury for debt collection action. This centralized collection of
government-wide debt is called ``cross-servicing.'' Under section
3711(g), Treasury will use all appropriate debt collection tools to
collect the debt, including referral to a designated debt collection
center or private collection agency, disclosure to a consumer reporting
agency, and administrative or tax refund offset.
Section 3711(e) of DCIA requires agencies to disclose information
about a debt to a consumer reporting agency. Under cross-servicing,
Treasury is authorized to disclose debts to consumer reporting agencies
and will do so if the creditor agency has not done so. The PBGC
intends, in most cases, to comply with DCIA's requirement to disclose
debts to consumer reporting agencies by transferring the debt to
Treasury for cross-servicing.
Issued in Washington, DC this 26 day of April, 2000.
David Strauss,
Executive Director, Pension Benefit Guaranty Corporation.
PBGC-13
System name:
Debt Collection--PBGC.
Security classification:
Not applicable.
System location:
Pension Benefit Guaranty Corporation, 1200 K Street NW.,
Washington, DC 20005-4026 and/or field benefit administrator, plan
administrator, and paying agent worksites.
Categories of individuals covered by the system:
Anyone who may owe a debt to the PBGC, including but not limited
to: Employees of the PBGC; individuals who are consultants and vendors
to the PBGC; participants and beneficiaries in terminating and
terminated pension plans covered by Title IV of the Employee Retirement
Income Security Act of 1974, as amended (ERISA), and individuals who
fraudulently received benefit payments from PBGC.
Categories of records in the system:
Names; addresses; social security numbers; taxpayer identification
numbers; employee number; travel vouchers and related documents filed
by employees of the PBGC; invoices filed by consultants and vendors to
the PBGC; records of benefit payments made to participants and
beneficiaries in terminating and terminated pension plans covered by
Title IV of ERISA; and other relevant records relating to the debt
including the amount, status, and history of the debt, and the program
under which the debt arose. The records listed herein are included only
as pertinent or applicable to the individual debtor.
Authority for maintenance of the system:
29 U.S.C. 1302; 31 U.S.C. 3711(e) & (g).
Purpose(s):
This system of records is maintained for the purpose of collecting
debts owed to PBGC by various individuals, including, but not limited
to, the PBGC's employees, consultants and vendors, participants and
beneficiaries in terminating and terminated pension plans covered by
Title IV of ERISA, and individuals who received benefit payments to
which they are not entitled. This system facilitates the PBGC's
compliance with the Debt Collection Improvement Act of 1996.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
1. A record from this system of records may be disclosed to the
United States Department of Treasury for cross-servicing to effect debt
collection in accordance with 31 U.S.C. 3711(e).
General Routine Uses G1 and G4 through G8 (see Prefatory Statement
of General Routine Uses) apply to this system of records.
Disclosure to consumer reporting agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e) (5 U.S.C. 552a(b)(12)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in paper and electronic form.
Retrievability:
Records are indexed by any one or more of the following: employer
identification number: social security number; plan number; and name of
debtor, plan, plan sponsor, plan administrator, participant or
beneficiary.
Safeguards:
Paper records are kept in file folders in areas of restricted
access that are locked after office hours. Electronic records 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 relating to the debts of consultants and vendors are
destroyed 6 years and 3 months after the date of the voucher.
Records relating to debts of PBGC employees involving payroll,
leave, attendance, and travel are maintained for various periods of
time, as provided in National Archives and Records Administration
General Records Schedules 2 and 9.
Records relating to debts of participants and beneficiaries in
terminating and terminated pension plans covered by Title IV of ERISA
are transferred to the Washington National Federal Records Center 6
months after either the final payment to a participant and/or
beneficiary, or the PBGC's final determination that a participant or
beneficiary is not entitled to any benefits, and are destroyed 7 years
after such payment or determination.
Records relating to debts of other individuals are maintained until
their disposition is authorized by the National Archives and Records
Administration.
System manager(s) and address:
Director, Financial Operations Department, Pension Benefit Guaranty
[[Page 25399]]
Corporation, 1200 K Street, NW., Washington, DC 20005-4026.
Notification procedure:
Procedures are detailed in PBGC regulations: 29 CFR part 4902.
Record access procedures:
Same as notification procedure.
Contesting record procedures:
Same as notification procedure.
Record source categories:
Subject individual, plan administrators, labor organization
officials, firms or agencies providing locator services, and other
Federal agencies.
Exemptions claimed for the system:
None.
[FR Doc. 00-10811 Filed 4-28-00; 8:45 am]
BILLING CODE 7708-01-P