[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64031-64037]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2013-25216]


=======================================================================
-----------------------------------------------------------------------

PENSION BENEFIT GUARANTY CORPORATION


Privacy Act of 1974: Systems of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of changes to systems of records and addition of routine 
uses.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, as amended (5 U.S.C. 
552a), the Pension Benefit Guaranty Corporation is proposing two new 
systems of records, adding new routine uses to existing systems of 
records, and is amending two systems of records to make technical and 
clarifying changes.

DATES: Comments on the new systems of records, proposed routine uses, 
and technical and clarifying changes must be received on or before 
November 25, 2013. The new systems of records, routine uses, and 
technical and clarifying changes will become effective on December 9, 
2013 without further notice, unless comments result in a contrary 
determination and a notice is published to that effect.

ADDRESSES: You may submit written comments to PBGC by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the Web site instructions for submitting comments.
     Email: reg.comments@pbgc.gov.
     Fax: 202-326-4224.
     Mail or Hand Delivery: Regulatory Affairs Group, Pension 
Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-
4026.
    Comments received, including personal information provided, will be 
posted to http://www.pbgc.gov/. Copies of comments may also be obtained 
by writing to Disclosure Division, Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 
20005-4026, or calling 202-326-4040 during normal business hours. (TTY 
and TDD users may call the Federal relay service toll-free at 1-800-
877-8339 and ask to be connected to 202-326-4040.)

FOR FURTHER INFORMATION CONTACT: Marla Greenberg, Attorney, Pension 
Benefit Guaranty Corporation, Office of the General Counsel, 1200 K 
Street NW., Washington, DC 20005-4026, 202-326-4400 or 1-800-400-7242, 
extension 3110 (TTY and TDD users may call the Federal relay service 
toll-free at 1-800-877-8339 and ask to be connected to 202-326-4400). 
For access to any of the PBGC's systems of records, contact PBGC's 
Disclosure Officer, Office of the General Counsel, Disclosure Division, 
at the above address, 202-326-4040 or 1-800-400-7242.

SUPPLEMENTARY INFORMATION: The PBGC is proposing to add two new systems 
of records, PBGC-21, Reasonable Accommodation Records--PBGC; and PBGC-
22, Telework and Alternative Worksite Records--PBGC. In addition, PBGC 
is proposing to alter the following systems of records maintained 
pursuant to the Privacy Act of 1974, as amended, by adding new routine 
uses: PBGC-2, Disbursements--PBGC (last updated at 75 FR 59252 
(September 26, 2012)), and PBGC-6 Plan Participant and Beneficiary 
Data--PBGC (last updated at 75 FR 59252 (September 26, 2012)). PBGC is 
also amending two systems of records to make technical and clarifying 
changes after undertaking a periodic review of those systems as 
required under Appendix 1 to the Office of Management and Budget 
(``OMB'') Circular A-130, Management of Federal Information Resources 
(November 28, 2000). The two systems of records being amended are PBGC-
2, Disbursements (last published at 75 FR 59252 (September 26, 2012)), 
and PBGC-6, Plan Participant and Beneficiary Data--PBGC (last published 
at 75 FR 59252 (September 26, 2012)).

Revising Routine Uses in PBGC System of Records PBGC-2 and PBGC-6

PBGC-2

    For PBGC-2, Disbursements--PBGC, PBGC is amending Routine Use 1 to 
broaden the purpose of sharing information with the Department of the 
Treasury to enable PBGC to verify consultants' and vendors' eligibility 
to receive payments. This revision will enable PBGC to both effect 
payments to

[[Page 64032]]

consultants and vendors, and to verify their eligibility to receive 
such payments. PBGC has determined that it is prudent to broaden the 
scope of the language to place consultants and vendors on notice that 
PBGC can also determine the eligibility of these entities to receive 
payments in addition to effecting payments.

PBGC-6

    For PBGC-6, Plan Participant and Beneficiary Data--PBGC, PBGC is 
proposing to revise four existing routine uses. Routine Use 1, as 
revised, will permit the information of participants and beneficiaries 
of pension plans covered under Title IV of the Employee Retirement 
Income Security Act (``ERISA'') to be shared with parties outside of 
PBGC that elect to pay a supplemental pension benefit to those 
participants and beneficiaries. Routine Use 6, as revised, will no 
longer require that a request for information be notarized. This change 
will remove a barrier to requests made electronically. PBGC has also 
determined it is prudent to revise Routine Use 7 to provide PBGC with 
discretion to notify participants about information disclosed to an 
alternate payee (or their representative) under a qualified domestic 
relations order (QDRO). Routine Use 12, as revised, will consolidate 
what were previously two separately-stated routine uses of the 
information by the Department of the Treasury's Bureau of the Public 
Debt and the Social Security Administration. This revision will also 
allow PBGC to disclose payee information to the Internal Revenue 
Service (``IRS'') to permit PBGC to verify payees' social security 
numbers through an IRS matching program.
    In addition, PBGC is planning to add three new routine uses to 
PBGC-6, Plan Participant and Beneficiary Data--PBGC. The newly proposed 
Routine Use 8 will provide a participant with the same right to 
information that Routine Use 7 provides for an alternate payee to allow 
a participant to pursue an administrative appeal of a benefit 
determination. The newly proposed Routine Use 9 will allow PBGC to 
disclose information needed to explain PBGC's calculation of a benefit 
affected by a QDRO to participants and alternate payees. PBGC's newly 
proposed Routine Use 13 will allow PBGC to determine which of its 
payees who currently receive their benefits by paper check have 
electronic debit card accounts and will enable PBGC to pay benefits 
through these electronic deposit accounts.
    Finally, PBGC is removing the applicability of PBGC's General 
Routine Use G13 to PBGC-6, Plan Participant and Beneficiary Data--PBGC. 
PBGC has determined that General Routine Use G13, which allows PBGC to 
disclose information contained within a system of records to a federal 
agency in connection with hiring or retaining an employee, does not 
apply to this system of records.

Addition of System of Records

 PBGC-21, Reasonable Accommodation Records--PBGC

    PBGC is proposing to establish a new system of records entitled, 
``PBGC-21, Reasonable Accommodation Records--PBGC.'' This proposed 
system of records is necessary to the functions performed by the Human 
Resources Department (``HRD''), and will cover only those files that 
identify by name, or other personal identifier, individuals who request 
or receive reasonable accommodations. The system includes records that 
are used to determine qualification for reasonable accommodation for 
prospective, current, or former employees, including medical 
documentation. Additionally, records maintained in this system may 
include an employee's name, personal address, and other personal 
contact information; the employee's occupational series and grade 
level; the employee's operating division/function office location, 
mailing address, telephone number, and email address; information about 
the individual's disability or medical condition; type of reasonable 
accommodation requested; explanation of how a reasonable accommodation 
would assist the employee in the performance of his/her job; relevant 
medical documentation and other supporting documents; deciding 
official's name and title; essential duties of the position; 
information relating to an individual's capability to satisfactorily 
perform the duties of the position currently held; estimated cost of 
accommodation; whether the accommodation was requested pre-employment 
or during employment with the agency; the amount of time taken to 
process the request; whether the request was granted or denied, and, if 
denied, the reason for the denial; the sources of technical assistance 
consulted in trying to identify possible reasonable accommodations; and 
other supporting documents relating to reasonable accommodation.
    HRD, as it has always done, will continue to respect the privacy of 
individuals named in these files and will disclose, within the 
boundaries of the law, the least amount of information necessary to 
perform its responsibilities.
    The collection and maintenance of records subject to this system 
are not new because records of the same type have been collected and 
maintained in HRD since the establishment of PBGC's reasonable 
accommodation program. Electronic information will be kept in an 
environment with physical security, including protection by network and 
system-specific user identification numbers to individuals needing 
access to the records and by passwords set and periodically changed by 
authorized users. Computers and hard copy records are maintained in a 
secured environment.
    Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to 
submit written comments on this proposal. A report on the proposed 
system has been sent to Congress and the Office of Management and 
Budget for their evaluation.

PBGC-22, Telework and Alternative Worksite Records--PBGC

    PBGC is proposing to establish a new system of records entitled, 
``PBGC-22, Telework and Alternative Worksite Records--PBGC.'' The 
proposed system of records is necessary to the functions performed by 
the Workplace Solutions Department (``WSD''), and will cover only those 
files that identify by name, or other personal identifier, individuals 
who have been granted or denied authorization to participate in PBGC's 
Telework Program to work at an alternative worksite apart from their 
official PBGC duty station. The system includes records that are used 
to determine a prospective, current, or former employee's qualification 
to participate in PBGC's Telework Program, including medical 
documentation. Additionally, records maintained in this system may 
include an employee's name, position title, grade, job series, and 
department name; official PBGC duty station address and telephone 
number; alternative worksite address and telephone number(s); date 
telework agreement received and approved/denied; telework request and 
approval form; telework agreement, self-certification home safety 
checklist, and supervisor-employee checklist; type of telework 
requested (e.g., episodic or regular); regular work schedule; telework 
schedule; approvals/disapprovals; description and list of government-
owned equipment and software provided to the teleworker; mass transit 
benefits received through PBGC's mass transit subsidy program; parking 
subsidies received through PBGC's subsidized parking program; medical 
documentation necessitating medical telework; and any other

[[Page 64033]]

miscellaneous documents supporting telework.
    WSD, as it has always done, will continue to respect the privacy of 
individuals named in these files and will disclose, within the 
boundaries of the law, the least amount of information necessary to 
perform its responsibilities.
    The collection and maintenance of records subject to this system 
are not new because records of the same type have been collected and 
maintained in WSD since the establishment of PBGC's Telework program. 
Electronic information will be kept in an environment with physical 
security, including protection by network and system-specific user 
identification numbers to individuals needing access to the records and 
by passwords set and changed periodically by authorized users. 
Computers and hard copy records are maintained in a secured 
environment.
    Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to 
submit written comments on this proposal. A report on the proposed 
system has been sent to Congress and the Office of Management and 
Budget for their evaluation.

Technical and Clarifying Amendments

    PBGC is amending PBGC-2, Disbursements--PBGC, and PBGC-6, Plan 
Participant and Beneficiary Data--PBGC. For its system of records, 
PBGC-2, Disbursements--PBGC, PBGC is correcting and updating the 
category of records maintained in this system of records. PBGC is also 
proposing to amend another system of records, PBGC-6, Plan Participant 
and Beneficiary Data--PBGC, to enable third parties to pay supplemental 
pension benefits outside the scope of Title IV of ERISA to participants 
and beneficiaries. These amendments clarify the nature and purposes of 
these systems of records and reflect changes that have occurred since 
they were last published.

    Issued in Washington, DC this 18th day of September, 2013.
Joshua Gotbaum,
Director, Pension Benefit Guaranty Corporation.
PBGC-2

SYSTEM NAME:
    Disbursements--PBGC.

SECURITY CLASSIFICATION:
    Not applicable.

SYSTEM LOCATION:
    Pension Benefit Guaranty Corporation, 1200 K Street NW., 
Washington, DC 20005-4026; PBGC, 1275 K Street NW., Washington, DC 
20005-4026; PBGC Benefits Service, 2500 Grubb Road, Suites 140 and 221, 
Wilmington, DE 19810; PBGC Document Management Center, 5971 Kingstowne 
Village Parkway, Alexandria, VA 2231.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are consultants and vendors to the PBGC.

CATEGORIES OF RECORDS IN THE SYSTEMS:
    Acquisition data for the procurement of goods and services. 
Consultant or vendor information including: Invoices; payment vouchers; 
name; address; Commercial and Government Entity (CAGE) codes; Dun & 
Bradstreet Data Universal Numbering System (DUNS) numbers; social 
economic status; Web site; primary and/or government point of contact 
(including name, address, telephone number, and fax number of 
contacts); and taxpayer identification number.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 1302; 44 U.S.C. 3101.

PURPOSE(S):
    This system of records is maintained for use in determining amounts 
to be paid and in effecting payments by the Department of the Treasury 
to consultants and vendors.

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 transmitted to the 
United States Department of the Treasury to effect payments to 
consultants and vendors, or to verify consultants' and vendors' 
eligibility to receive payments.
    2. General Routine Uses G1 through G7, G9 through G12 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(f) and/or (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 by PBGC manually in file folders and/or in 
electronic format, including computer databases, magnetic tapes, or 
discs.

RETRIEVABILITY:
    Records are indexed by name, tax payer identification number, and 
contract number.

SAFEGUARDS:
    Records are kept in file cabinets in areas of restricted access 
that are locked after office hours. Electronic records are stored on 
computer networks and are 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:
    Pursuant to PBGC's Simplified Records Schedule 1.2, PBGC retains 
the records for seven years. Records also may be maintained on PBGC's 
network back-up tapes.
    Records existing on paper are destroyed by burning, pulping, or 
shredding. Records existing on computer storage media are destroyed 
according to the applicable PBGC media sanitization practice.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Financial Operations Department, Pension Benefit Guaranty 
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:
    Individuals who are consultants and vendors to the PBGC.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
PBGC-6

SYSTEM NAME:
    Plan Participant and Beneficiary Data--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:
    Participants, alternate payees, and beneficiaries in terminating 
and terminated pension plans covered by Title IV of the Employee 
Retirement Income Security Act of 1974, as amended (ERISA).

[[Page 64034]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Names, addresses, telephone numbers, sex, social security numbers 
and other Social Security Administration information, dates of birth, 
dates of hire, salary, marital status, domestic relations orders, time 
of plan participation, eligibility status, pay status, benefit data, 
health-related information, insurance information where plan benefits 
are provided by private insurers, pension plan names and numbers, and 
initial and final PBGC determinations (29 CFR 4003.21 and 4003.59). The 
records listed herein are included only as pertinent or applicable to 
the individual plan participant, alternate payee, or beneficiary.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342 and 
1350; 26 U.S.C. 6103; 44 U.S.C. 3101.

PURPOSE(S):
    This system of records is maintained for use in determining whether 
participants, alternate payees, and beneficiaries are eligible for 
benefits under plans covered by Title IV of 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, 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 the PBGC's 
benefit payment services and to track (for follow-up) those who do not 
respond to surveys.

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 third 
parties, such as banks, insurance companies, or trustees, to enable 
these third parties to make or determine benefit payments to determine 
supplemental payments by a party other than PBGC, to plan participants 
and beneficiaries, and to report to the IRS the amounts of benefits--
paid or required to be paid under federal law and taxes withheld.
    2. A record from this system of records 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 controlled group.
    3. A record from this system of records may be disclosed, upon 
request for a purpose authorized under Title IV of 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.
    4. Payees' names, addresses, and telephone numbers and information 
pertaining to debts owed by such payees to the PBGC may be disclosed to 
the Department of the Treasury or a debt collection agency or firm to 
collect a claim. Disclosure to a debt collection agency or firm shall 
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 shall be 
used exclusively pursuant to the terms and conditions of such contract 
and shall be used solely for the purposes prescribed therein. The 
contract shall provide that the information so disclosed shall be 
returned at the conclusion of the debt collection effort.
    5. 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 (FAA) to obtain information 
relevant to the participant's eligibility or continued eligibility for 
disability benefits.
    6. The name of a participant's pension plan, the actual or 
estimated amount of a participant's benefit under Title IV of 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, former spouse, 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). The PBGC will disclose the 
information only upon the receipt of a written request by a prospective 
alternate payee, or the 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. The PBGC will 
notify the participant of any information disclosed to a prospective 
alternate payee or their representative under this routine use. Any 
person who knowingly and willfully requests or obtains any record 
concerning an individual under false pretenses is subject to a criminal 
penalty under 5 U.S.C. 552a(i)(3).
    7. Information from a participant's initial determination under 29 
CFR 4003.1(b) (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(p) to explain how the 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 
4003.51. The PBGC may notify the participant of the information 
disclosed to an alternate payee or their representative under this 
routine use.
    8. Information from an alternate payee's initial determination 
under 29 CFR 4003.1(b) (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 the 
PBGC determined the benefit due the participant so that the participant 
can pursue an administrative appeal of the benefit determination under 
29 CFR 4003.51. The PBGC may notify the alternate payee of the 
information disclosed to a participant or their representative under 
this routine use.
    9. 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 the PBGC calculated the benefit, or 
share of the benefit, of the participant or alternate payee. The PBGC 
may 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.
    10. 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

[[Page 64035]]

payment of the tax credit under 26 U.S.C. 7527.
    11. The 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 Emergency Grant from the Department of Labor under 
the Workforce Investment Act of 1988 to provide health insurance 
coverage assistance and support services for state residents under 29 
U.S.C. 2918(a) and (f).
    12. Payees' names, social security numbers, and dates of birth may 
be provided to the Department of the Treasury's Bureau of the Public 
Debt, the Social Security Administration, and the Internal Revenue 
Service to verify payees' eligibility to receive payments.
    13. 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 
established electronic debit card accounts used for the electronic 
deposit of federal benefit payments.
    14. General Routine Uses G1, G2, G4 through G7, G9 through G12 
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(f) (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, microfiche, and electronic form.

RETRIEVABILITY:
    Records are indexed by plan name and number, and participant and/or 
beneficiary name. Customer satisfaction survey responses are aggregated 
for statistical purposes after they have been received by the PBGC and 
are not retrievable by a participant or beneficiary's name or other 
assigned identifier.

SAFEGUARDS:
    Paper and microfiche 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 for participants in a particular plan are destroyed seven 
years after all payments have been made to all participants, 
beneficiaries, and alternate payees associated with that plan. Records 
existing on paper or microfiche are destroyed by shredding. Records 
existing on other media and computer storage media are destroyed 
according to the applicable PBGC Information Assurance Handbook 
guidance on media sanitization practice.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Benefits Administration and Payment Department, Pension 
Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-
4026.

NOTIFICATION PROCEDURE:
    Procedures are detailed in the PBGC's regulations: 29 CFR Part 
4902.

RECORD ACCESS PROCEDURES:
    Same as notification procedure.

CONTESTING RECORDS PROCEDURE:
    Same as notification procedure.

RECORD SOURCE CATEGORIES:
    Plan administrators, participants, alternate payees, and 
beneficiaries, the FAA, and the IRS.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
PBGC-21

SYSTEM NAME:
    PBGC-21, Reasonable Accommodation Records--PBGC.

SECURITY CLASSIFICATION:
    Not applicable.

SYSTEM LOCATION:
    Pension Benefit Guaranty Corporation, 1200 K Street NW., 
Washington, DC 20005-4026.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Prospective, current, and former employees of the PBGC who request 
or receive a reasonable accommodation under Sections 501, 504, and 701 
of the Rehabilitation Act of 1973 and the Americans with Disabilities 
Act Amendments Act (ADAAA) of 2008. This also includes authorized 
individuals or representatives (e.g., family members, union 
representatives, or attorneys) who file requests for reasonable 
accommodation on behalf of an applicant for employment, current 
employees, and former employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records that are used to determine qualification for reasonable 
accommodation, including medical documentation. The records may include 
requests for reasonable accommodation, as well as position 
descriptions, medical records, notes or records made during 
consideration of requests, and decisions on requests. Additionally, 
records may include an employee's name, personal address, and other 
personal contact information; the employee's occupational series and 
grade level; the employee's operating division/function, office 
location, mailing address, telephone number, and email address; 
information about the nature of the individual's disability or medical 
condition; type of reasonable accommodation requested; explanation of 
how a reasonable accommodation would assist the employee in the 
performance of his/her job; relevant medical documentation and other 
supporting documents; deciding official's name and title; essential 
duties of the position; information relating to an individual's 
capability to satisfactorily perform the duties of the position 
currently held; estimated cost of accommodation; whether the 
accommodation was requested pre-employment or during employment with 
the agency; the amount of time taken to process the request; whether 
the request was granted or denied, and, if denied, the reason for the 
denial; the sources of technical assistance consulted in trying to 
identify possible reasonable accommodations; and other supporting 
documents relating to reasonable accommodation.
    If an accommodation request is made by a family member, health 
professional, attorney, or representative of a PBGC employee or 
applicant, the records may contain the requester's name, email address, 
mailing address, telephone number, and any additional information 
provided by the requester relating to the processing of the request.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 501, 504, and 701 of the Rehabilitation Act of 1973; ADA 
Amendments of 2008; Executive Order 13164 (July 28, 2000); and 
Executive Order 13548 (July 10, 2010).

PURPOSE(S):
    The purpose of this system is to allow PBGC to collect and maintain 
records on prospective, current, and former employees with disabilities 
who requested or received reasonable accommodation by PBGC as required 
by Sections 501, 504, and 701 of the Rehabilitation Act of 1973 and the

[[Page 64036]]

ADAAA of 2008. The purpose of this system is also to track and report 
the processing of requests for reasonable accommodation PBGC-wide to 
comply with applicable law and regulations, and to preserve and 
maintain the confidentiality of medical information submitted by or on 
behalf of applicants or employees requesting reasonable accommodation.

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 
physicians or other medical professionals to provide them with or 
obtain from them the necessary medical documentation and/or 
certification for reasonable accommodation.
    2. A record from this system of records may be disclosed to another 
federal agency or commission with responsibility for labor or 
employment relations or other issues, including equal employment 
opportunity and reasonable accommodation issues, when that agency or 
commission has jurisdiction over reasonable accommodation issues.
    3. A record from this system of records may be disclosed to the 
Office of Management and Budget (OMB), Department of Labor (DOL), 
Office of Personnel Management (OPM), Equal Employment Opportunity 
Commission (EEOC), or Office of Special Counsel (OSC) to obtain advice 
regarding statutory, regulatory, policy, and other requirements related 
to reasonable accommodation.
    4. A record from this system of records may be disclosed to 
appropriate third-parties contracted by the Agency to facilitate 
mediation or other dispute resolution procedures or programs.
    5. A record from this system of records may be disclosed to the 
Department of Defense (DOD) for purposes of procuring assistive 
technologies and services through the Computer/Electronic Accommodation 
Program in response to a request for reasonable accommodation.
    6. General Routine Uses G1 through G13.

DISCLOSUSRE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained manually in file folders and/or in automated 
form, including computer databases, magnetic tapes, or discs. Records 
are also maintained on PBGC's network back-up tapes.

RETRIEVABILITY:
    Records are indexed and retrieved using employee name and fiscal 
year of request for (or receipt of) reasonable accommodation.

SAFEGUARDS:
    Paper records are kept in file cabinets in areas of restricted 
access that are locked after office hours. Only authorized personnel 
may be given access to either the secured area or the locked file 
cabinet. Electronic records are stored on computer networks and 
protected by assigning both network and system-specific user 
identification numbers to individuals needing access to the records and 
by passwords set by authorized users that must be changed periodically. 
Access to electronic records is limited to only those individuals who 
have a need to know the information for the performance of their 
official duties and who have appropriate clearances or permissions.

RETENTION AND DISPOSAL:
    Pursuant to NARA General Records Schedule (GRS) 1 Section 24, 
records are maintained for three years from the employee's separation 
from PBGC or after all appeals have concluded, whichever is later. 
Records are also maintained on PBGC's network back-up tapes. All 
medical information, including information about functional limitations 
and reasonable accommodation needs obtained in connection with a 
request for reasonable accommodation, must be kept confidential and 
shall be maintained in files separate from the individual's official 
personnel file. Additionally, employees who obtain or receive such 
information are strictly bound by these confidentiality requirements. 
Whenever medical information is disclosed, the individual disclosing 
the information must inform the recipients of the information about the 
confidentiality requirements that attach to it.

SYSTEM MANAGER(S) AND ADDRESS:
    Reasonable Accommodation Coordinator, Human Resources Department, 
Pension Benefit Guaranty 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:
    Prospective, current, and former PBGC employees.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
PBGC-22

SYSTEM NAME:
    Telework and Alternative Worksite Records--PBGC.

SECURITY CLASSIFICATION:
    Not applicable.

SYSTEM LOCATION:
    Pension Benefit Guaranty Corporation, 1200 K Street NW., 
Washington, DC 20005-4026.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Prospective, current, and former employees of the PBGC who have 
been granted or denied authorization to participate in PBGC's Telework 
Program to work at an alternative worksite apart from their official 
PBGC duty station.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include an employee's name, position title, grade, job 
series, and department name; official PBGC duty station address and 
telephone number; alternative worksite address and telephone number(s); 
date telework agreement received and approved/denied; telework request 
and approval form; telework agreement, self-certification home safety 
checklist, and supervisor-employee checklist; type of telework 
requested (e.g., episodic or regular); regular work schedule; telework 
schedule; approvals/disapprovals; description and list of government-
owned equipment and software provided to the teleworker; mass transit 
benefits received through PBGC's mass transit subsidy program; parking 
subsidies received through PBGC's subsidized parking program; medical 
documentation necessitating medical telework; and any other 
miscellaneous documents supporting telework.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 6120, Telecommuting in Executive Agencies; 29 U.S.C. 701 
et seq.

PURPOSE(S):
    The purpose of this system is to allow PBGC to collect and maintain 
records on prospective, current, and former employees who seek to 
participate in PBGC's Telework Program.

[[Page 64037]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. A record from this system may be disclosed to medical 
professionals to obtain information about an employee's medical 
background necessary to grant or deny approval of medical telework.
    2. A record from this system may be disclosed to federal, state, or 
local governments during actual emergencies, exercises, or continuity 
of operations tests for the purposes of emergency preparedness and 
responding to emergency situations.
    3. A record from this system may be disclosed to the Department of 
Labor when an employee is injured when working at home while in the 
performance of normal duties.
    4. A record from this system may be disclosed to the Office of 
Personnel Management (OPM) for use in its Telework Survey to provide 
consolidated data on participation in PBGC's Telework Program.
    5. A record from this system of records may be disclosed to 
appropriate third-parties contracted by the Agency to facilitate 
mediation or other dispute resolution procedures or programs.
    6. PBGC's General Routine Uses G1 through G13 also apply to this 
system of records.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained manually in file folders and/or in automated 
form, including computer databases, magnetic tapes, or discs. Records 
are also maintained on PBGC's network back-up tapes.

RETRIEVABILITY:
    Records are indexed and retrieved using employee name and by the 
department in which the employee works, will work, or previously 
worked.

SAFEGUARDS:
    Paper records are kept in file cabinets in areas of restricted 
access that are locked after office hours. Only authorized personnel 
may be given access to either the secured area or the locked file 
cabinet. Electronic records are stored on computer networks and 
protected by assigning both network and system-specific user 
identification numbers to individuals needing access to the records and 
by passwords set by authorized users that must be changed periodically. 
Access to electronic records is limited only to those individuals who 
have a need to know the information for the performance of their 
official duties and who have appropriate clearances or permissions.

RETENTION AND DISPOSAL:
    Records are destroyed two years after the employee's participation 
in the program ends. Unapproved requests are destroyed two years after 
the request is rejected.

SYSTEM MANAGER(S) AND ADDRESS:
    Telework Coordinator, Workplace Solutions Department, Pension 
Benefit Guaranty 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:
    Prospective, current, and former PBGC employees.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-25216 Filed 10-24-13; 8:45 am]
BILLING CODE 7709-02-P