[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Pages 53571-53596]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2014-21438]
[[Page 53571]]
Vol. 79
Tuesday,
No. 174
September 9, 2014
Part III
Pension Benefit Guaranty Corporation
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Privacy Act of 1974; Systems of Records; Notice
Federal Register / Vol. 79 , No. 174 / Tuesday, September 9, 2014 /
Notices
[[Page 53572]]
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PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974; Systems of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of retirement of systems of records, revision of routine
uses, revision of purpose and routine uses, technical revisions to
systems of records, and establishment of a new system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, the
Pension Benefit Guaranty Corporation (PBGC) is proposing to: (1) Retire
four existing systems of records, (2) revise the routine uses to an
existing system of records, (3) revise the purpose and routine uses to
an existing system of records, (4) add one exemption to three existing
systems of records, (5) make technical and clarifying changes to
seventeen existing systems of records, and (6) establish a new systems
of records. The revisions implemented under this republication are
corrective and administrative changes that refine previously published
system of records notices and present them in a clear and cohesive
format.
DATES: Comments must be received on or before October 9, 2014. The
revised and additional systems of records described herein will become
effective October 24, 2014, without further notice, unless comments
results 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: Legislative and Regulatory
Department, Pension Benefit Guaranty Corporation, 1200 K Street NW.,
Washington, DC 20005.
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 General Counsel, Pension
Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005,
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: Andrew Seff, Assistant General
Counsel, Pension Benefit Guaranty Corporation, Office of the General
Counsel, 1200 K Street NW., Washington, DC 20005, 202-326-4400,
extension 3228. For access to any of the PBGC's systems of records,
contact Camilla Perry, Disclosure Officer, Office of the General
Counsel, Disclosure Division, at the above address, 202-326-4040.
SUPPLEMENTARY INFORMATION:
(1) PBGC Is Proposing To Retire Four Systems of Records
Pursuant the Privacy Act of 1974, 5 U.S.C. 552a, and as part of its
ongoing integration and management efforts, the Pension Benefit
Guaranty Corporation (PBGC) is retiring the following four systems of
records notices: PBGC-4, Employee Travel Records--PBGC (last published
at 77 FR 59252 (September 26, 2012)), PBGC-5, Personnel Files--PBGC
(last published at 77 FR 59252 (September 26, 2012)), PBGC-18, Office
of Negotiations and Restructuring Risk Management Early Warning
System--PBGC (last published at 77 FR 59252 (September 26, 2012)), and
PBGC-20, Identity Management System (IDMS) (last published at 77 FR
59252 (September 26, 2012)).
With regard to PBGC-4, PBGC will continue to collect and maintain
records regarding individuals who use PBGC's travel and transportation
resources and will rely upon the existing Federal Government-wide
system of records titled GSA/GOVT-4 (Contracted Travel Service Program
(50 FR 20294 April 15, 1985), which is written to cover all Federal
travel service programs.
With regard to PBGC-5, PBGC will continue to collect and maintain
personnel records and will rely upon the existing Federal Government-
wide systems of records titled OPM/GOVT-1, General Personnel Records
(71 FR 35342 June 19, 2006) and OPM/GOVT-2, Employee Performance File
System of Records (71 FR 35347 June 19, 2006), which are written to
cover all general Federal Government personnel records.
With regard to PBGC-18, PBGC's Office of Negotiations and
Restructuring will continue to maintain its Risk Management and Early
Warning Program, but because none of the program records are retrieved
by individuals' personally identifiable information, the program does
not constitute a system of records as defined by the Privacy Act.
With regard to PBGC-20, PBGC will continue to collect and maintain
records pertaining to the Personal Identity Verification Management
System and will rely upon the existing Federal Government-wide system
of records titled GSA/GOVT-7 Personal Identity Verification Identity
Management System (73 FR 22377 April 25, 2008), which is written to
cover all PIV IDMS records of participating agencies.
Eliminating these notices will have no adverse impacts on
individuals, but will promote the overall streamlining and management
of PBGC Privacy Act record systems.
(2) PBGC Is Proposing To Revise Its Routine Uses for PBGC-6
PBGC is proposing to reorder the routine uses for PBGC-6 (this
change is being made to all existing systems of records to the extent
necessary to make all of PBGC's notices uniform in this regard).
PBGC is proposing to revise routine use 5 (last published as
routine use 4) PBGC-6, Plan Participant and Beneficiary Data--PBGC
(last revised at 78 FR 64031 (October 25, 2013)). The existing routine
use allows disclosure of payees' names, addresses, and telephone
numbers, and ``information pertaining to debts owed to by such payees''
to the Department of Treasury or a debt collection agency or firm to
collect a claim. PBGC is proposing that the phrase, ``information
pertaining to debts owed to by such payees,'' be changed to,
``information related to how the PBGC determined that a debt was owed
by such payees . . .'' The amended routine use better describes the
information that PBGC periodically discloses under the routine use.
PBGC is also proposing to add two additional routine uses to PBGC-
6. Routine use 15 will read, ``Information relating to revocation of a
power of attorney may be disclosed to the former agent that was named
in the revoked power of attorney.'' This routine use is necessary to
allow PBGC to notify an agent that he/she no longer has power of
attorney for a given individual because the individual has provided
PBGC with written notice of a new power of attorney. This routine use
will make it possible for PBGC to avoid delays and confusion when an
individual changes his/her power of attorney while interacting or
communicating with PBGC.
Routine use 16 will read, ``Name and date of birth of a
participant's beneficiary may be provided to that participant upon
request by that participant.'' This routine use is necessary to allow
PBGC to better respond to requests from participants for ``a copy of my
file.'' Presently, when responding to such a request, PBGC withholds
the personal information (i.e. name, date of birth, address, social
[[Page 53573]]
security number, etc.) of a beneficiary that is contained in
participant's file, even though it was often the participant who
originally provided the beneficiary's personal information (as a
function of naming the individual as a beneficiary), because it is
personally identifiable information about an individual other than the
requester. By allowing PBGC to disclose the name and date of birth of a
participant's beneficiary to that participant, routine use 16 will
allow PBGC to provide sufficient information about a beneficiary for a
participant to know who he/she named as a beneficiary while still
protecting the beneficiary's privacy (e.g. not disclosing the
beneficiary's social security number). This routine use will improve
customer service without sacrificing any individuals' privacy
interests.
(3) PBGC Is Proposing To Revise the Purpose of and Routine Uses to
PBGC-11
PBGC is proposing to revise the purpose of the PBGC-11, Call Detail
Records (last revised at 77 FR 59252 (September 26, 2012)). The
existing purpose focuses on operating costs, one element of which is
monitoring employees' phone usage. Operating costs are no longer a
concern, but PBGC continues to use the system of records to monitor
employees' phone usage. PBGC is therefore proposing to narrow the
purpose of PBGC-11 accordingly.
In accordance with the proposed narrower purpose, PBGC is proposing
to delete Routine Uses 1 and 2 of PBGC--11.
(4) PBGC Is Proposing To Add Exemption (k)(2) to Three of Its Existing
Systems of Records
PBGC is proposing to add exemption (k)(2) to PBGC-8, Employee
Relations Files, PBGC-12, Personnel Security Investigation Records, and
PBGC-19, Office of General Counsel Case Management System. Adding this
exemption will permit PBGC to assist civil and criminal law enforcement
when necessary without unfairly or inappropriately limiting any
individuals' access to Privacy Act records. This exemption will also be
included in PBGC's new systems of records, PBGC-23, Internal
Investigations of Allegations of Harassing Conduct.
(5) Pbgc Is Proposing To Make Technical and Clarifying Amendments to
Seventeen Systems of Records
PBGC is proposing to correct and update the security
classification, system location, categories of individuals covered by
the system, categories of records in the system, authority for
maintenance of the system, purpose(s), routine uses of records
maintained in the system, including categories of users and the
purposes of such uses, disclosure to consumer reporting agencies,
storage, retrievability, safeguards, retention and disposal, system
manager(s) and address, notification procedure, record access
procedures, contesting record procedures, record source categories, and
systems exempted from certain provisions of the Act of PBGC-1,
Correspondence Between the PBGC and Persons Outside of the PBGC (last
published at 77 FR 59252 (September 26, 2012)), PBGC-2, Disbursements
(last published at 78 FR 64031 (October 25, 2013)), PBGC-3, Employee
Payroll, Leave, and Attendance Records (last published at 77 FR 59252
(September 26, 2012)), PBGC-6, Plan Participant and Beneficiary Data
(last published at 78 FR 64031 (October 25, 2013)), PBGC-8, Employee
Relations Files (last published at 77 FR 59252 (September 26, 2012)),
PBGC-9, Plan Participant and Beneficiary Address Identification File
(last published at 77 FR 59252 (September 26, 2012)), PBGC-10,
Administrative Appeals File (last published at 77 FR 59252 (September
26, 2012)), PBGC-11, Call Detail Records (last published at 77 FR 59252
(September 26, 2012)), PBGC-12, Personnel Security Investigation
Records (last published at 77 FR 59252 (September 26, 2012)), PBGC-13,
Debt Collection (last published at 77 FR 59252 (September 26, 2012)),
PBGC-14, My Plan Administration Account Authentication Records (last
published at 77 FR 59252 (September 26, 2012)), PBGC-15, Emergency
Notification Records (last published at 77 FR 59252 (September 26,
2012)), PBGC-16, Employee Online Directory (last published at 77 FR
59252 (September 26, 2012)), PBGC-17, Inspector General Investigative
File System (last published at 77 FR 59252 (September 26, 2012)), PBGC-
19, Office of General Counsel Case Management System (last published at
77 FR 59252 (September 26, 2012)), PBGC-21, Reasonable Accommodation
Records (last published at 78 FR 64031 (October 25, 2013)), and PBGC-
22, Telework and Alternative Worksite Records (last published at 78 FR
64031 (October 25, 2013)). These amendments, the majority of which are
non-substantive, will make the systems of records notices more accurate
and easier to understand, individually, and when read together.
PBGC is also proposing to amend the names of PBGC-1, Correspondence
Between the PBGC and Persons Outside of the PBGC-PBGC, PBGC-9, Plan
Participant and Beneficiary Address Identification File, PBGC-14, My
Plan Administration Account Authentication Records, and PBGC-16,
Employee Online Directory--PBGC. PBGC-1 will now be named Congressional
Correspondence, PBGC-9 will now be named Unclaimed Pensions, PBGC-14
will now be named My Plan Administration Account Records, and PBGC-16
will now be named People Search. These amendments make the system names
more accurate of the respective systems of records.
(6) PBGC Is Proposing To Establish a New System Of Records
PBGC is proposing establish a new system of records titled, ``PBGC-
23, Internal Investigations of Allegations of Harassing Conduct--
PBGC.'' The proposed system of records is necessary to carry out PBGC's
Prevention of Workplace Harassment Policy and will cover files that
identify by name, or other personal identifier, individuals who have
complained that they have been subjected to harassment in the
workplace, as well as individuals about whom such complaints have been
made. These files may include: Complaints (including a completed
complaint form), details pertaining to interim measures considered and/
or taken, investigation notes, witness statements, emails and other
evidence collected during an investigation, correspondence,
communications with PBGC's Office of General Counsel, results of an
investigation, and close-out memoranda. The Human Resources Department,
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 by the Human Resources since its establishment. Those
records, however, were not previously maintained or retrieved by a name
or other personal identifier. With the implementation of new harassment
investigation procedures (scheduled to become effective on October 1,
2014), which includes a new record-keeping scheme, the records will be
in a system of records, as defined in The Privacy Act Implementation:
Guidelines and Responsibilities, 40 FR 28,498 (July 9, 1975).
[[Page 53574]]
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written comments on the proposal of these two systems of
records. A report on the proposed systems has been sent to Congress and
the Office of Management and Budget for their evaluation.
For the convenience of the public, PBGC's Prefatory Statement of
General Routine Uses, the amended systems of records, and the new
systems of records are published in full below with changes italicized.
Issued in Washington, DC, this 3rd day of September, 2014.
Alice Maroni
Acting Director, Pension Benefit Guaranty Corporation.
Prefatory Statement of General Routine Uses
The following routine uses are incorporated by reference into
various systems of records, as set forth below.
G1. Routine Use--Law Enforcement: In the event that a system of
records maintained by the PBGC to carry out its functions indicates a
violation or potential violation of law, whether criminal, civil, or
regulatory in nature, and whether arising by general statute or
particular program pursuant thereto, the relevant records in the system
of records may be disclosed to the appropriate agency, whether federal,
state, local, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation, or order issued
pursuant thereto.
G2. Routine Use--Disclosure When Requesting Information: A record
from this system of records may be disclosed to a federal, state, or
local agency or to another public or private source maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, if and to the extent necessary to obtain information
relevant to a PBGC decision concerning the hiring or retention of an
employee, the retention of a security clearance, or the letting of a
contract.
G3. Routine Use--Disclosure of Existence of Record Information:
With the approval of the Director, Human Resources Department (or his
or her designee), the fact that this system of records includes
information relevant to a federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that federal agency.
G4. Routine Use--Disclosure in Litigation: A record from this
system of records may be disclosed in a proceeding before a court or
other adjudicative body in which the PBGC, an employee of the PBGC in
his or her official capacity, or an employee of the PBGC in his or her
individual capacity if the PBGC (or the Department of Justice
(``DOJ'')) has agreed to represent him or her is a party, or the United
States or any other federal agency is a party and the PBGC determines
that it has an interest in the proceeding, if the PBGC determines that
the record is relevant to the proceeding and that the use is compatible
with the purpose for which the PBGC collected the information.
G5. Routine Use--Disclosure to the Department of Justice in
Litigation: When the PBGC, an employee of the PBGC in his or her
official capacity, or an employee of the PBGC in his or her individual
capacity whom the PBGC has agreed to represent is a party to a
proceeding before a court or other adjudicative body, or the United
States or any other federal agency is a party and the PBGC determines
that it has an interest in the proceeding, a record from this system of
records may be disclosed to the DOJ if the PBGC is consulting with the
DOJ regarding the proceeding or has decided that the DOJ will represent
the PBGC, or its interest, in the proceeding and the PBGC determines
that the record is relevant to the proceeding and that the use is
compatible with the purpose for which the PBGC collected the
information.
G6. Routine Use--Disclosure to OMB: A record from this system of
records may be disclosed to the Office of Management and Budget in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
G7. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
G8. Routine Use--Disclosure to Labor Organizations: A record from
this system of records may be disclosed to an official of a labor
organization recognized under 5 U.S.C. Chapter 71 when necessary for
the labor organization to perform properly its duties as the collective
bargaining representative of PBGC employees in the bargaining unit.
G9. Routine Use--Disclosure in Response to a Federal Data Breach. A
record from this system of records may be disclosed to appropriate
agencies, entities, and persons when (1) PBGC suspects or has confirmed
that the security or confidentiality of information in the system of
records has been compromised; (2) PBGC 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 PBGC or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with PBGC's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
G10. Routine Use--Contractors, Experts, and Consultants. To
contractors, experts, consultants, and the agents of thereof, and
others performing or working on a contract, service, cooperative
agreement, or other assignment for Pension Benefit Guaranty
Corporation, (PBGC) when necessary to accomplish an agency function.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to PBGC employees.
G11. Routine Use--Records Management. To the National Archives and
Records Administration or to the General Services Administration for
records management inspections conducted under 44 U.S.C. Sec. Sec.
2904 and 2906.
G12. Routine Use--Gathering Information. To any source from which
information is requested in the course of processing a grievance,
investigation, arbitration, or other litigation, to the extent
necessary to identify the individual, inform the source of the
purpose(s) of the request, and identify the type of information
requested.
G13. Routine Use--Disclosure to a Federal Agency. To disclose
information to a Federal agency, in response to its request, in
connection with hiring or retaining an employee, issuing a security
clearance, conducting a security or suitability investigation of an
individual, or classifying jobs, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
[[Page 53575]]
PBGC-1
System Name:
Congressional Correspondence--PBGC.
System Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
Individuals who have corresponded with PBGC.
Categories of Records in the System:
Correspondence received; replies to such correspondence.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; and 5 U.S.C. 301
Purpose(s):
This system of records is maintained to catalog and respond to
correspondence received from members of Congress.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G11 apply to this system of
records (see Prefatory Statement of General Routine Uses).
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 paper and/or electronic form,
including computer databases, magnetic tapes, and discs. Records are
also maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by name of the correspondent.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper 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 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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Director, Communications Outreach and Legislative Affairs, PBGC,
1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Correspondents; agency employees preparing responses to incoming
correspondence or who generate original correspondence in their
official capacities.
Exemptions Claimed for the System:
None.
PBGC-2
System Name:
Disbursements--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005, and/or field benefit
administrator, plan administrator, and paying agent worksites.
Records may also be kept at an additional location as backup for
Continuity of Operations.
Categories of Individuals Covered by the System:
Individuals who are consultants and vendors to the PBGC; PBGC
employees; and any other individuals who receive payments from PBGC.
Categories of Records in the Systems:
Acquisition data for the procurement of goods and services;
invoices; payment vouchers; Commercial and Government Entity (CAGE)
codes; Dun & Bradstreet
[[Page 53576]]
Data Universal Numbering System (DUNS) numbers; supplier status; Web
site; name; address; taxpayer identification number; bank information;
Social Security number; and other information related to the
disbursements of funds.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
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
on behalf of PBGC.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G7, and G9 through G12 apply to
this system of records (see Prefatory Statement of General Routine
Uses).
2. 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.
Disclosure to Consumer Reporting Agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained by PBGC in paper and/or electronic form,
including computer databases, magnetic tapes, and discs. Records are
also maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: name,
tax payer identification number; and contract number.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper 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:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. 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, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K
Street, NW., Washington, DC 20005, and provide the following
information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals and PBGC.
Exemptions Claimed for the System:
None.
PBGC-3
System Name:
Employee Payroll, Leave, and Attendance Records--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
Current and former PBGC employees.
Categories of Records in the System:
Personnel information, including names, addresses, social security
numbers, employee numbers, and notifications of personnel actions
payroll information, including co-owner and/or beneficiary of bonds,
marital status and number of dependents, child support enforcement
court orders, debts owed to PBGC, garnishments, personal bank account
and direct deposit information, tax information, and other deductions;
salary data; fiscal year data; and time and attendance records.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
[[Page 53577]]
Purpose(s):
This system of records is maintained to perform agency functions
involving employee leave, attendance, and payments, including
determinations relating to the amounts to be paid to employees, the
distribution of pay according to employee directions (for allotments,
to financial institutions, and for other authorized purposes), tax
withholdings and other authorized deductions, and for statistical
purposes.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system of records may be disclosed to the
United States Department of the Interior, the United States Department
of Labor, and the United States Department of the Treasury to effect
payments to employees.
3. Payments owed to PBGC through current and former employees may
be shared with the Department of the Interior for the purposes of
offsetting the employee's salary. Payments owed to PBGC through current
and former employees who become delinquent in repaying the necessary
funds may be shared with the Department of Treasury for the purposes of
offsetting the employee's salary.
Disclosure to Consumer Reporting Agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: name;
employee number; or social security number.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper 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 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.
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. 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, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K
Street, NW., Washington, DC 20005, and provide the following
information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; subject individuals' supervisor(s); subject
individuals' timekeeper(s); and the Office of Personnel Management.
Exemptions Claimed for the System:
None.
PBGC-6
System Name:
Plan Participant and Beneficiary Data--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005, 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 ERISA.
Categories of Records in the System:
Names; addresses; telephone numbers; sex; social security numbers
and other Social Security Administration information; dates of
[[Page 53578]]
birth; dates of hire; salary; marital status; domestic relations
orders; time of plan participation; eligibility status; pay status;
benefit data, including records of benefit payments made to
participants, alternate payees, and beneficiaries in terminating and
terminated pension plans covered by ERISA; health-related information;
powers of attorney; insurance information where plan benefits are
provided by private insurers; pension plan names and numbers; initial
and final PBGC determinations (see 29 CFR 4003.21 and 4003.59); and
other records relating to debts owed to PBGC.
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; 29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
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 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 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:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1, G2, G4 through G7, and G9 through G12
apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, or trustees:
a. To enable these third parties to make or determine benefit
payments, or
b. To report to the IRS the amounts of benefits paid (or required
to be paid) and taxes withheld.
3. 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.
4. 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.
5. Payees' names, addresses, telephone numbers, and information
related to how PBGC determined that a debt was 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 53579]]
payment of the tax credit under 26 U.S.C. 7527.
12. 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).
13. 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.
14. 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.
15. Information relating to revocation of a power of attorney may
be disclosed to the former agent that was named in the revoked power of
attorney.
16. The name and date of birth of a participant's beneficiary may
be provided to that participant upon request by that participant.
Disclosure to Consumer Reporting Agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: name;
social security number; customer identification number; date of birth;
or date of death.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper and electronic records that contain federal tax information
are stored separately and are kept in locked file cabinets in areas of
restricted access under procedures that meet IRS safeguarding
standards.
Other paper and microfiche records that do not contain federal tax
information are kept in file folders in areas of restricted access that
are locked after office hours. Electronic records that do not contain
federal tax information 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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. 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, PBGC,
1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Plan administrators; participants, alternate payees, and
beneficiaries; agents listed on power of attorneys; field benefit
administrator offices; the SSA; the FAA; and the IRS.
Exemptions Claimed for the System:
None.
PBGC-8
System Name:
Employee Relations Files--PBGC.
System Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
Current and former PBGC employees who have initiated grievances
under an
[[Page 53580]]
administrative grievance procedure or under an applicable collective
bargaining agreement.
Categories of Records in the System:
Administrative and union grievances submitted by PBGC employees;
agency responses to employees' employees grievances; employees' appeals
of responses to grievances; agency responses to such appeals;
investigative notes; records of proceedings; appeal decisions; last
chance, last rights, and settlement agreements, and related
information.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
Purpose(s):
The purpose of this system to catalog, investigate, and
appropriately and timely respond to administrative and union grievances
and appeals filed by PBGC employees pursuant to PBGC's Administrative
Grievance Procedure and the Collective Bargaining Agreement.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system of records may be disclosed to OPM,
the Merit Systems Protection Board, the Federal Labor Relations
Authority, Office of Special Counsel, or the Equal Employment
Opportunity Commission to carry out its authorized functions (under 5
U.S.C. 1103, 1204, 7105, and 42 U.S.C. 2000e-4, in that order).
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 in paper form in file folders and/or in
electronic form, including computer databases, magnetic tapes, and
discs. Records are also maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by employee name.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper records are kept 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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Director, Human Resources Department, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; subject individuals' supervisor(s),
representative(s), and colleagues; PBGC General Counsel; and other
individuals with relevant information.
Exemptions Claimed for the System:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by Federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
PBGC-9
System Name:
Unclaimed Pensions--PBGC.
[[Page 53581]]
System Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005 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 ERISA.
Categories of Records in the System:
Names; social security numbers; addresses; email addresses;
telephone numbers; pension plans names; and pension plan numbers.
Authority for Maintenance of the System:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342,
and 1350; 29 U.S.C. 1203; 44 U.S.C. 3101; 5 U.S.C. 310.
Purpose(s):
This system of records is maintained to locate participants,
alternate payees, and beneficiaries of pension plans covered by ERISA.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 and G4 through G7, G9 through G11 apply
to this system of records (see Prefatory Statement of General Routine
Uses).
2. Names and social security numbers of plan participants and
beneficiaries may be disclosed to the Internal Revenue Service to
obtain current addresses from tax return information and to the Social
Security Administration to obtain current addresses. Such information
will be disclosed only if the PBGC has no address for an individual or
if mail sent to the individual at the last known address is returned as
undeliverable.
3. Names and last known addresses may be disclosed to an official
of a labor organization recognized as the collective bargaining
representative of participants for posting in union halls or for other
means of publication to obtain current addresses of participants and
beneficiaries. Such information will be disclosed only if the PBGC has
no address for an individual or if mail sent to the individual at the
last known address is returned as undeliverable.
4. Names, social security numbers, last known addresses, and dates
of birth and death may be disclosed to private firms and agencies that
provide locator services, including credit reporting agencies and debt
collection firms or agencies, to locate participants and beneficiaries.
Such information will be disclosed only if the PBGC has no address for
an individual or if mail sent to the individual at the last known
address is returned as undeliverable. Disclosure shall be made only
under a contract that subjects the firm or agency providing the service
and its employees to the criminal 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
locating effort.
5. Names and addresses may be disclosed to licensees of the United
States Postal Service (``USPS'') to obtain current addresses under the
USPS's National Change of Address Linkage System (NCOA). Disclosure
shall be made only under a contract that binds the licensee of the
Postal Service and its employees to the criminal penalties of the
Privacy Act. The contract shall provide that the records disclosed by
PBGC shall be used exclusively for updating addresses under NCOA and
must be returned to PBGC or destroyed when the process is completed.
The records will be exchanged electronically in an encrypted format.
6. Names and last known addresses may be disclosed to other
participants in, and beneficiaries under, a pension plan to obtain the
current addresses of individuals. Such information will be disclosed
only if the PBGC has no address for an individual or if mail sent to
the individual at the last known address is returned as undeliverable.
7. Names and last known addresses of participants and
beneficiaries, and the names and addresses of participants' former
employers, may be disclosed to the public to obtain current addresses
of the individuals. Such information will be disclosed to the public
only if the PBGC is unable to make benefit payments to the participants
and beneficiaries because the address it has does not appear to be
current or correct.
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 in paper and/or in electronic form,
including computer databases, magnetic tapes, and discs. Records are
also maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: name;
social security number; customer identification number; date of birth;
or date of death.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to unauthorized individuals.
Paper and electronic records that contain federal tax information
are stored separately and are kept in locked file cabinets in areas of
restricted access under procedures that meet IRS safeguarding
standards.
Other paper and microfiche records that do not contain federal tax
information are kept in file folders in areas of restricted access that
are locked after office hours. Electronic records that do not contain
federal tax information 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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Director, Benefits Administration and Payments Department, PBGC,
1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit
[[Page 53582]]
a written request to the Disclosure Officer, PBGC, 1200 K Street NW.,
Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
PBGC-6; the SSA; the IRS; labor organization officials; firms or
agencies providing locator services; USPS licensees; field benefit
administrator offices; and any other individual that provides PBGC with
information regarding a missing participant, beneficiary, or alternate
payee.
Exemptions Claimed for the System:
None.
PBGC--10
System Name:
Administrative Appeals File--PBGC.
System Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
Individuals who file administrative appeals with PBGC's Appeals
Board.
Categories of Records in the System:
Names and personal information (such as addresses, social security
numbers, sex, dates of birth, dates of hire, salary, marital status
(including domestic relations orders), and medical records); employment
and pension plan information (such as name of pension plan, plan
number, dates of commencement of plan participation or employment,
statements regarding employment, dates of termination of plan
participation or retirement, benefit payment data, pay status,
calculations of benefit amounts, calculations of amounts subject to
recoupment and/or recovery, and workman's compensation awards); Social
Security Administration information, insurance claims and awards;
correspondence and other information relating to appeals, and initial
and final PBGC determinations.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 29 U.S.C. ch. 18.; 29
CFR 4003.1(b); 29 CFR 4003.22; 29 CFR 4003.59.
Purpose(s):
The purpose of this system is to catalog, review, and respond to
administrative appeals of: determinations that a plan is not covered
under section 4021 of ERISA; determinations of benefit entitlements
under section 4022(a) or (c) of ERISA; determinations that a domestic
relations order is or is not a qualified domestic relations order under
section 206(d)(3) of ERISA or section 414(p) of the Internal Revenue
Code; determinations of benefits payable under section 4022(b) or (c)
or 4022B of ERISA; and determinations of the amount of liability under
sections 4062(b)(1), 4063, or 4064 of ERISA.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1, and G4 through G12 apply to this system
of records (see Prefatory Statement of General Routine Uses).
2. A record from this system of records may be disclosed to third
parties who may be aggrieved by the decision of the Appeals Board under
29 CFR 4003.57.
3. A record from this system of records may be disclosed, upon
request, to an attorney representative or a non-attorney representative
who has a power of attorney for the subject individuals, under 29 CFR
4003.6.
4. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, and trustees, to make
benefit payments to plan participants, beneficiaries, and/or alternate
payees.
5. A record from this system of records may be disclosed to third
parties, such as contractors and expert witnesses, to obtain expert
analysis of an issue necessary to resolve an appeal.
6. The name and social security number of a participant may be
disclosed to an official of a labor organization recognized as the
collective bargaining representative of the participant to obtain
information relevant to the resolution of an appeal.
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retain and
Disposing of Records in the System:
Storage:
Records are maintained in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following:
participant, beneficiary, and/or alternate payee's name; plan name;
appeal number; or extension request number.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's
[[Page 53583]]
security program to protect the security, integrity, and availability
of the information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Manager of the Appeals Division, Office of the General Counsel,
PBGC, 1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; the participant, beneficiary, or alternate
payee; plan administrators, contributing sponsors (or other employer
who maintained the plan), including any predecessor, successor, or
member of the same controlled group; the labor organization recognized
as the collective bargaining representative of a participant; the
Social Security Administration; and any third party affected by the
decision.
Exemptions Claimed for the System:
None.
PBGC-11
System Name:
Call Detail Records--PBGC.
System Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
PBGC employees and contractor employees.
Categories of Records in the System:
Records relating to the use of PBGC telephones and PBGC-issued
portable electronic devices to place calls outside of PBGC and receive
calls from outside of PBGC and records indicating the assignment of
telephone extension numbers and PBGC-issued portable electronic devices
to PBGC employees.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
Purpose(s):
This system of records is used to review bills from
telecommunication providers for telephone and cellular device usage by
PBGC employees and contractor employees.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1, G3, G4, G5, and G7 through G13 apply to
this system of records (see Prefatory Statement of General Routine
Uses).
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 in electronic form, including computer
databases, magnetic tapes, and discs.
Retrievability:
Records are retrieved by one or more of the following: name of
employee or contractor employee; telephone extension number; PBGC-
issued portable electronic device number; or telephone number called.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of information, and to ensure
that records are not disclosed to or accessed by unauthorized
individuals.
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.
[[Page 53584]]
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on computer storage media are destroyed according
to the applicable PBGC media sanitization practice.
System Manager(s) and Address:
Chief Information Officer, Office of Information Technology, PBGC,
1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Telephone and PBGC-issued portable electronic device assignment
records.
Exemptions Claimed for the System:
None.
PBGC-12
System Name:
Personnel Security Investigation Records--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Records may also be kept at an additional location as backup for
Continuity of Operations.
Categories of Individuals Covered by the System:
Current and former Applicants, employees, students, interns,
volunteers, government contractors, experts, instructors, and
consultants to Federal programs who undergo a personnel background
investigation for the purpose of determining suitability for
employment, contractor employee fitness, credentialing for HSPD 12,
and/or access to PBGG facilities or information technology system.
This system also includes individuals accused of or found in
violation of PBGC's security rules and regulations.
Categories of Records in the System:
Name; former names; date and place of birth; home address; email
address; phone numbers; employment history; residential history;
education and degrees earned; citizenship; passport information; name,
date and place of birth, social security number, and citizenship
information for spouse or cohabitant; the name and marriage information
for current and former spouse(s), names of associates and references
and their contact information; names, dates and places of birth,
citizenship, and addresses of relatives; names of relatives who work
for the federal government; information on foreign contacts and
activities; association records; information on loyalty to the United
States; criminal history; mental health history; drug use; financial
information; fingerprints; information from the Internal Revenue
Service pertaining to income tax returns; credit reports; information
pertaining to security clearances; other agency reports furnished to
PBGC in connection with the background investigation process; summaries
of personal and third party interviews conducted during the background
investigation; results of suitability decisions; and other information
developed from above.
Records pertaining to security violations may contain information
pertaining to circumstances of the violation; witness statements;
investigator's notes; and documentation of agency action taken in
response to security violations.
Authority for Maintenance of the System:
29 U.S.C. 1302; 5 U.S.C. 3301; 44 U.S.C. 3101; Executive Order
10450; Executive Order 13488; 5 CFR 5.2; 5 CFR 731 and 736; OMB
Circular No. A-130 Revised, Appendix III, 61 FR 6428; and Homeland
Security Presidential Directive 12.
Purpose(s):
The records in this system of records are used to document and
support decisions as to the suitability, eligibility, and fitness for
service of applicants for federal employment and contract positions,
and may include students, interns, or volunteers, to the extent their
duties require access to federal facilities, information, systems, or
applications.
The records may also be used to help streamline and make more
efficient the investigations and adjudications processes generally.
The records may also be used to document security violations and
supervisory actions taken in response to such violations.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
[[Page 53585]]
2. A record from this system of records may be disclosed to an
authorized source from which information is requested in the course of
an investigation, to the extent necessary to identify the individual,
to inform the source of the nature and purpose of the investigation, or
to identify the type of information requested.
3. A record from this system of records may be disclosed to OPM,
the Merit Systems Protection Board, the Federal Labor Relations
Authority, or the Equal Employment Opportunity Commission to carry out
its respective authorized functions (under 5 U.S.C. 1103, 1204, and
7105, and 42 U.S.C. 2000e-4, in that order).
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 in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: name;
social security number; unique case serial number; or other unique
identifier of the individual about whom they are maintained.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper 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 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.
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Director, Workplace Solutions Department, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Applications and other personnel and security forms, including but
not limited to a SF-85, SF-85P, SF-86, SF-87 (via eQIP); personal
interviews with various individuals, including but not limited to the
subject of the investigation, present and former employers, references,
neighbors, and other associates who may have information about the
subject of the investigation; investigative records and notices of
personnel actions furnished by other federal agencies; public records
such as court filings; publications such as newspapers, magazines, and
periodicals; tax records; educational institutions; police departments;
credit bureaus; probation officials; prison officials; and medical
professionals.
Exemptions Claimed for the System:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by Federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
Pursuant to 5 U.S.C. 552a(k)(5), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G),
(H), (I), and (f) of 5 U.S.C. 552a, but only to the extent that the
disclosure of such material would reveal the identity of a source who
furnished information to the Government under an express promise that
the identity of the source would be held in confidence.
PBGC-13
System Name:
Debt Collection--PBGC.
[[Page 53586]]
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005, and/or field benefit
administrator, plan administrator, and paying agent worksites.
Records may also be kept at an additional location as back up for
Continuity of Operations.
Categories of Individuals Covered by the System:
Any individual who may owe a debt to PBGC, including but not
limited to: Pension plans and/or sponsors owing insurance premiums,
interest, and penalties; employees and former employees of PBGC;
individuals who are consultants and vendors to PBGC; participants,
alternate payees, and beneficiaries in terminating and terminated
pension plans covered by ERISA; and individuals who received payments
to which they are not entitled.
Categories of Records in the System:
Pension plan filings; names; addresses; social security numbers;
taxpayer identification numbers; employee numbers; pay records; travel
vouchers, and related documents filed by PBGC employees; invoices filed
by consultants and vendors to PBGC; records of benefit payments made to
participants, alternate payees, and beneficiaries in terminating and
terminated pension plans covered by ERISA; and other relevant records
relating to a debt including the amount, status, and history of the
debt, and the program under which the debt arose.
Authority for Maintenance of the System:
29 U.S.C. 1302; 31 U.S.C. 3711(a); 44 U.S.C. 3101; 5 U.S.C. 301.
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, pension plans and/or sponsors owing insurance premiums, interest
and penalties; PBGC employees and former employees; consultants and
vendors; participants, alternate payees, and beneficiaries in
terminating and terminated pension plans covered by ERISA; and
individuals who received payments from PBGC to which they are not
entitled. This system facilitates 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:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system of records may be disclosed to the
United States Department of the Treasury for cross-servicing to effect
debt collection in accordance with 31 U.S.C. 3711(e).
3. Names, addresses, and telephone numbers of employees,
participants, and beneficiaries and information pertaining to debts
owed by such individuals to the PBGC may be disclosed to 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 that
binds any such contractor or employee of such contractor to the
criminal 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.
4. These records may be used to disclose information to any Federal
agency, state or local agency, U.S. territory or commonwealth, or the
District of Columbia, or their agents or contractors, including private
collection agencies (consumer and commercial):
a. To facilitate the collection of debts through the use of any
combination of various debt collection methods required or authorized
by law, including, but not limited to:
i. Request for repayment by telephone or in writing;
ii. Negotiation of voluntary repayment or compromise agreements;
iii. Offset of Federal payments, which may include the disclosure
of information contained in the records for the purpose of providing
the debtor with appropriate pre-offset notice and to otherwise comply
with offset prerequisites, to facilitate voluntary repayment in lieu of
offset, and to otherwise effectuate the offset process;
iv. Referral of debts to private collection agencies, to Treasury
designated debt collection centers, or for litigation;
v. Administrative and court-ordered wage garnishment;
vi. Debt sales;
vii. Publication of names and identities of delinquent debtors in
the media or other appropriate places; and
viii. Any other debt collection method authorized by law;
b. To collect a debt owed to the United States through the offset
of payments made by states, territories, commonwealths, or the District
of Columbia;
c. To account or report on the status of debts for which such
entity has a financial or other legitimate need for the information in
the performance of official duties; or,
d. For any other appropriate debt collection purpose.
Disclosure to Consumer Reporting Agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: Employer
identification number; social security number; plan number; name of
debtor, plan, plan sponsor, plan administrator, participant, alternate
payee, or beneficiary.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC
[[Page 53587]]
records disposition schedule approved by NARA.
Records existing on paper are destroyed beyond recognition. 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, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; plan administrators; labor organization
officials; debt collection agencies or firms; firms or agencies
providing locator services; field benefit administrator offices, and
other federal agencies.
Exemptions Claimed for the System:
None.
PBGC-14
System Name:
My Plan Administration Account Records--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
Individuals who use the My Plan Administration Account (``My PAA'')
application to make PBGC filings and payments electronically via the
PBGC's Web site (http://www.pbgc.gov/), including individuals acting for plan
sponsors, plan administrators, and pension practitioners such as
enrolled actuaries and other benefit professionals.
Categories of Records in the System:
User's name; work telephone number; work email address; other
contact information; a temporary PBGC-issued user ID and password; a
user-selected user ID and password; a secret question/secret answer
combination for authentication; for each pension plan for which the
user intends to participate in making filings with the PBGC: The plan
name; employer identification number (EIN); plan number (PN); the plan
administrator's name, address, phone number, email address, and other
contact information; and the role that the user will play in the filing
process, e.g., creating and editing filings, signing filings
electronically as the plan administrator, signing filings
electronically as the enrolled actuary, or authorizing payments to the
PBGC.
Authority for Maintenance of the System:
29 U.S.C. 1302, 1306, 1307, 1341, and 1343; 44 U.S.C. 3101; 5
U.S.C. 301.
Purpose(s):
This system of records is maintained for use in verifying the
identity of individuals who register to use the My PAA application to
make PBGC filings, and receiving, authenticating, processing, and
keeping a history of filings and premium payments submitted to PBGC by
registered users.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. PBGC General Routine Uses G1, G4, G5, G6, G7, G9, G10, and G12
apply to this system of records (see Prefatory Statement of General
Routine Uses).
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 in electronic form, including computer
databases, magnetic tapes and discs. Records are also maintained on
PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: Name;
user ID; email address; telephone number; plan name; EIN; or plan
number.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to unauthorized individuals.
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 are maintained in accordance with the General Records
Retention Schedules issued by the
[[Page 53588]]
National Archives and Records Administration (NARA) or a PBGC records
disposition schedule approved by NARA.
Records existing on paper are destroyed beyond recognition. 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, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Registered users.
Exemptions Claimed for the System:
None.
PBGC-15
System Name:
Emergency Notification Records--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
PBGC employees and individuals who work for PBGC as contractors or
as employees of contractors.
Categories of Records in the System:
Name; title; organizational component; employer; PBGC and personal
telephone numbers; PBGC and personal email addresses; other contact
information; user ID; a temporary PBGC-issued password; and a user-
selected password.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; Executive Order
12656, 53 FR 47491 (1988); Presidential Decision Directive 67 (1998).
Purpose(s):
This system of records is maintained for notifying PBGC employees
and individuals who work for PBGC as contractors or employees of
contractors of PBGC's operating status in the event of an emergency,
natural disaster or other event affecting PBGC operations; and for
contacting employees or contractors who are out of the office on leave
or after regular duty hours to obtain information necessary for
official business.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. PBGC General Routine Uses G1, G4, G5, G7, and G9 through G11
apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. A record in this system of records may be disclosed to family
members, emergency medical personnel, or to law enforcement officials
in case of a medical or other emergency involving the subject
individual (without the subsequent notification prescribed in 5 U.S.C.
552a(b)(8)).
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 in paper and electronic form, including
magnetic tapes and discs. Records are also maintained on PBGC's network
back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: Name;
organizational component; or user ID and password.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper records are kept in locked file cabinets in areas of
restricted access. Electronic records are stored on computer networks
and protected by assigning both network and system-specific usernames
and passwords to individuals needing access to the records.
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
[[Page 53589]]
System Manager(s) and Address:
Director, Workplace Solutions Department, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedures:
An employee or contractor may access his or her record with a valid
user-id and password via the electronic notification and messaging
system through PBGC's intranet Web site, or by following the
Notification Procedures above.
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals.
Exemptions Claimed for the System:
None.
PBGC-16
System Name:
People Search--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
PBGC employees and contractors with PBGC network access.
Categories of Records in the System:
Name; photograph; personal description; skills; interests; schools;
birthday; mobile phone number; home phone number; organizational
component and title; supervisor's name; PBGC street address; room or
workstation number; PBGC network ID; work email address; and work
telephone number and extension.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
Purpose(s):
This system of records is used by PBGC employees and contractors to
identify other PBGC employees and to access contact information for
PBGC employees.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. PBGC General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
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 in an electronic database. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: Name;
username; organizational component; job title; work phone number;
office number; supervisor; work email; skills; interests; birth date;
education; peers; and employee type (federal or contractor).
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of information, and to ensure
that records are not disclosed to or accessed by unauthorized
individuals.
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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Director, Information Technology Infrastructure Operations
Department, PBGC, 1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
[[Page 53590]]
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals and PBGC personnel records.
Exemptions Claimed for the System:
None.
PBGC-17
System Name:
Office of Inspector General Investigative File System--PBGC.
Security Classification:
None.
System Location:
Office of Inspector General, PBGC, 1200 K Street NW., Washington
DC, 20005.
Categories of Individuals Covered by the System:
Individuals named in investigations conducted by OIG; complainants
and subjects of complaints collected through the operation of the OIG
Hotline; other individuals, including witnesses, sources, and members
of the general public who are named individuals in connection with
investigations conducted by OIG.
Categories of Records in the System:
Information within this system relates to OIG investigations
carried out under applicable statutes, regulations, policies, and
procedures. The investigations may relate to criminal, civil, or
administrative matters. These OIG files may contain investigative
reports; copies of personnel, financial, contractual, and property
management records maintained by PBGC; information submitted by or
about pension plan sponsors or plan participants; background data
including arrest records, statements of informants and witnesses, and
laboratory reports of evidence analysis; search warrants, summonses and
subpoenas; and other information related to investigations. Personal
data in the system may consist of names, social security numbers,
addresses, dates of birth and death, fingerprints, handwriting samples,
reports of confidential informants, physical identifying data,
voiceprints, polygraph tests, photographs, and individual personnel and
payroll information.
Authority for Maintenance of the System:
5 U.S.C. App. 3; 5 U.S.C. App. 6.
Purpose(s):
This system of records is used to supervise and conduct audits and
investigations relating to programs and operations of PBGC.
Routine Uses of Records Maintained in the System, including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. PBGC General Routine Uses G1, G2, G4, G5, G7, and G9 through G13
apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. A record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings or after
conviction may be disclosed to a federal, state, local, or foreign
prison; probation, parole, or pardon authority; or any other agency or
individual involved with the maintenance, transportation, or release of
such a person.
3. A record relating to a case or matter may be disclosed to an
actual or potential party or his or her attorney for the purpose of
negotiation or discussion on such matters as settlement of the case or
matter, plea bargaining, or informal discovery proceedings.
4. A record may be disclosed to any source, either private or
governmental, when reasonably necessary to elicit information or obtain
the cooperation of a witness or informant when conducting any official
investigation or during a trial or hearing or when preparing for a
trial or hearing.
5. A record relating to a case or matter may be disclosed to a
foreign country, through the United States Department of State or
directly to the representative of such country, under an international
treaty, convention, or executive agreement; or to the extent necessary
to assist such country in apprehending or returning a fugitive to a
jurisdiction that seeks that individual's return.
6. A record originating exclusively within this system of records
may be disclosed to other federal offices of inspectors general and
councils comprising officials from other federal offices of inspectors
general, as required by the Inspector General Act of 1978, as amended.
The purpose is to ensure that OIG audit and investigative operations
can be subject to integrity and efficiency peer reviews, and to permit
other offices of inspectors general to investigate and report on
allegations of misconduct by senior OIG officials as directed by a
council, the President, or Congress. Records originating from any other
PBGC systems of records, which may be duplicated in or incorporated
into this system, also may be disclosed with all personally
identifiable information redacted.
7. A record may be disclosed to the Department of the Treasury and
the Department of Justice when the OIG seeks an ex parte court order to
obtain taxpayer information from the Internal Revenue Service.
8. A record may be disclosed to any governmental, professional or
licensing authority when such record reflects on qualifications, either
moral, educational or vocational, of an individual seeking to be
licensed or to maintain a license.
9. A record may be disclosed to any direct or indirect recipient of
federal funds, e.g., a contractor, where such record reflects problems
with the personnel working for a recipient, and disclosure of the
record is made to permit a recipient to take corrective action
beneficial to the Government.
Disclosure to Consumer Reporting Agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in paper and/or electronic form, including
computer databases, magnetic tapes, discs, and an automated database.
[[Page 53591]]
Retrievability:
Records may be retrieved by any one or more of the following: Name;
social security number; subject category; or assigned case number.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper records, computers, and computer-storage media are located in
controlled-access areas under supervision of program personnel. Access
to these areas is limited to authorized personnel, who must be
identified with a badge. Access to records is limited to individuals
whose official duties require such access. Contractors and licensees
are subject to contract controls and unannounced on-site audits and
inspections. Computers are protected by mechanical locks, card-key
systems, or other physical-access control methods. The use of computer
systems is regulated with installed security software, computer-logon
identifications, and operating-system controls including access
controls, terminal and transaction logging, and file-management
software.
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Inspector General, PBGC, 1200 K Street NW., Washington, DC, 20005.
Notification Procedure:
This system is exempt from the notification requirements. However,
consideration will be given to inquiries made in compliance with 29 CFR
4902.3.
Record Access Procedure:
This system is exempt from the access requirements. However,
consideration will be given to requests made in compliance with 29 CFR
4902.3.
Contesting Record Procedure:
This system is exempt from the notification requirements. However,
consideration will be given requests made in compliance with 29 CFR
4902.3.
Record Source Categories:
Subject individuals; individual complainants; witnesses; interviews
conducted during investigations; federal, state and local government
records; individual or company records; claim and payment files;
employer medical records; insurance records; court records; articles
from publications; financial data; bank information; telephone data;
service providers; other law enforcement organizations; grantees and
subgrantees; contractors and subcontractors; pension plan sponsors and
participants; and other sources.
Exemptions Claimed for the System:
Pursuant to 5 U.S.C. 552a(j) and (k), PBGC has established
regulations at 29 CFR 4902.11 that exempt records in this system
depending on their purpose.
PBGC--19
System Name:
Office of General Counsel Case Management System--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington DC, 20005.
Records may also be kept at an additional location as backup for
Continuity of Operations.
Categories of Individuals Covered by the System:
Individuals who are participants, beneficiaries, and alternate
payees in pension plans covered by ERISA; pension plan sponsors,
administrators, control group members and third parties, who are
responsible for, manage, or have control over ERISA pension plans;
other individuals who are identified in connection with investigations
conducted pursuant to section 4003(a) of ERISA and/or litigation
conducted with regard to ERISA pension plans; individuals (including
PBGC employees) who are parties or witnesses in civil litigation or
administrative proceedings involving or concerning the PBGC or its
officers or employees; individuals who are the subject of a breach of
personally identifiable information; individuals who are potential
contractors or contractors with PBGC or are otherwise personally
associated with a contract or procurement matter; individuals who
receive legal advice from the Office of General Counsel; and other
individuals (including current, former, and potential PBGC employees,
contract employees, interns, externs, and volunteers) who are the
subject of or are otherwise connected to an inquiry, investigation,
other matter handled by the Office of General Counsel.
Categories of Records in the System:
Notes, reports, memoranda; settlements; agreements; correspondence;
contracts; contract proposal and other procurement documents; plan
documents; participant, alternate payee, and beneficiary files; initial
and final PBGC determinations of ERISA matters; Freedom of Information
Act and the Privacy Act appeals and decisions of those appeals; drafts
and legal reviews of proposed personnel actions; personnel records;
litigation files; labor relations files; information provided by labor
unions or other organizations; witness statements; summonses and
subpoenas, discovery requests and responses; and breach reports and
supporting documentation.
Authority for Maintenance of the System:
29 U.S.C. Sections 1055, 1056(d)(3), 1302, 1303, 1310, 1321, 1322,
1322a, 1341, 1342, 1343 and 1350; 5 U.S.C. app. 105; 5 U.S.C. 301; 44
U.S.C. 3101.
Purpose(s):
The purpose of this system of records is to catalog, litigate, or
otherwise resolve any case or matter handled by the following practice
groups of the Office of the General Counsel: General Law and Ethics
Group, General Law and Procurement Group, Litigation and Employment Law
Group, Legal Technology & Administration Division, and ERISA Counseling
Group.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. PBGC General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
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.
[[Page 53592]]
3. Names, addresses, and telephone numbers of employees, former
employees, participants, and beneficiaries and information pertaining
to debts to the PBGC may be disclosed to the Department of Treasury,
the Department of Justice, a credit agency, and a debt collection firm
to collect the debt. Disclosure to a debt collection firm shall be made
only under a contract that binds any such contractor or employee of
such contractor to the criminal penalties of the Privacy Act.
4. Information may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations in response to a
court order or in connection with criminal law proceedings.
5. Information may be provided to a congressional office in
response to an inquiry made at the request of the individual to whom
the record pertains.
6. Information may be provided to third parties during the course
of an investigation to the extent necessary to obtain information
pertinent to the investigation.
7. Relevant and necessary information may be disclosed to a former
employee of PBGC for the purposes of: (1) Responding to an official
inquiry by federal, state, or local government entity or professional
licensing authority; or, (2) facilitating communications with a former
employee that may be necessary for personnel-related or other official
purposes where PBGC requires information and/or consultation assistance
from the former employee regarding a matter within that person's former
area of responsibility.
8. A record relating to a case or matter may be disseminated to a
foreign country pursuant to an international treaty or convention
entered into and ratified by the United States or to an executive
agreement.
9. A record may be disseminated to a foreign country, through the
United States Department of State or directly to the representative of
such country, to the extent necessary to assist such country in civil
or criminal proceedings in which the United States or one of its
officers or agencies has an interest.
Disclosure to Consumer Reporting Agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are indexed by assigned case number and sequential record
ID. Records are full-text indexed and thus can be retrieved by any
free-form key, which may include names or other personal identifiers.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
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 unique user identification numbers to individuals who are
authorized to access the records, and by passwords set by these users
that must be changed periodically.
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Associate General Counsel, PBGC, 1200 K Street NW., Washington, DC
20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; pension plan participants, sponsors,
administrators and third-parties; federal government records; current
and former employees, contractors, interns, and externs; PBGC claim and
payment files; insurers; the Social Security Administration; labor
organizations; court records; articles from publications; and other
individuals, organizations, and
[[Page 53593]]
corporate entities with relevant knowledge/information.
Systems Exempted From Certain Provisions of the Act:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by Federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
PBGC-21
System Name:
Reasonable Accommodation Records--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered by the System:
Prospective, current, and former employees of the PBGC who request
and/or receive a reasonable accommodation for a disability; and
authorized individuals or representatives (e.g., family members, union
representatives, or attorneys) who file a request for a reasonable
accommodation on behalf of a prospective, current, or former employee.
Categories of Records in the System:
Name and employment information of employee needing an
accommodation; requester's name and contact information (if different
that the employee who needs an accommodation); date request was
initiated; information concerning the nature of the disability and the
need for accommodation, including appropriate medical documentation;
details of the accommodation request, such as: type of accommodation
requested, how the requested accommodation would assist in job
performance, the sources of technical assistance consulted in trying to
identify alternative reasonable accommodation, any additional
information provided by the requester relating to the processing of the
request, and whether the request was approved or denied, and whether
the accommodation was approved for a trial period; notification(s) to
the employee and his/her supervisor(s) regarding the accommodation.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 29 U.S.C. 701 et
seq.; 42 U.S.C. 12101 et seq.; Executive Order 13164 (July 28, 2000);
and Executive Order 13548 (July 10, 2010).
Purpose(s):
The purposes of this system are: (1) To allow PBGC to collect and
maintain records on prospective, current, and former employees with
disabilities who requested or received reasonable accommodation by
PBGC; (2) to track and report the processing of requests for reasonable
accommodation PBGC-wide to comply with applicable law and regulations;
and (3) 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:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. 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.
3. 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.
4. 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.
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. 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.
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 in paper and in electronic form, including
computer databases, magnetic tapes, or discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: Employee
name or assigned case number.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
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.
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
[[Page 53594]]
System Manager(s) and Address:
Reasonable Accommodation Coordinator, Human Resources Department,
PBGC, 1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; individual making the request (if different
than the subject individuals); medical professionals; and the subject
individuals' supervisor(s).
Exemptions Claimed for the System:
None.
PBGC-22
System Name:
Telework and Alternative Worksite Records--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
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:
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; and any
other miscellaneous documents supporting telework.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 5 U.S.C. 6120; 29
U.S.C. 701 et seq.
Purpose(s):
The purpose of this system of records it to collect and maintain
records on prospective, current, and former employees who have
participated in, presently participate in, or have sought to
participate in PBGC's Telework Program.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
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 in paper and electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Also, each of PBGC's departments has a Telework Liaison who
maintains copies of the records pertaining to employees working in his
or her department.
Retrievability:
Records are retrieved by any one or more of the following: employee
name; and the department in which the
[[Page 53595]]
employee works, will work, or previously worked.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
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.
Retention and Disposal:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Agency Telework Managing Officer, Workplace Solutions Department,
PBGC, 1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; subject individuals' supervisors.
Exemptions Claimed for the System:
None.
PBGC--23
System Name:
Internal Investigations of Allegations of Harassing Conduct--PBGC
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005.
Categories of Individuals Covered By the System:
Current or former PBGC employees, contractors, and interns who have
filed a complaint or report of harassment, or have been accused of
harassing conduct, as described in PBGC's Policy to Prevent Harassing
Conduct in the Workplace.
Categories of Records in the System:
The system contains all documents related to a complaint or report
of harassment, which may include the name, position, grade, and
supervisor(s) of the complainant and the accused; the complaint;
statements of witnesses; reports of interviews; final decisions and
corrective actions taken; and related correspondence and exhibits.
Authority for Maintenance of the System:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 42 U.S.C. 2000e et
seq.
Purpose:
This system of records is maintained for the purpose of upholding
PBGC's Policy to Prevent Harassing Conduct in the Workplace and
eradicating harassment in the workplace, including conducting and
resolving internal investigations of allegations of harassment brought
by or against PBGC employees.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. PBGC General Routine Uses G1 through G13 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. Disclosure of information from this system of records regarding
the status of any investigation that may have been conducted may be
made to the complaining party and to the alleged harasser when the
purpose of the disclosure is both relevant and necessary and is
compatible with the purpose for which the information was collected.
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 in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
[[Page 53596]]
Retrievability:
Records are retrieved by any one or more of the following: Name;
department; or unique identifier assigned to each incident reported.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper records are kept in cabinets 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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Managers and Address:
Director, Human Resources Department, PBGC, 1200 K Street NW.,
Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Subject individuals; supervisors and other PBGC employees with
knowledge; agency EEO specialists; management officials; employee
relations staff; PBGC attorneys; outside counsel retained by subject
individuals; and medical professionals.
Exemptions Claimed for the System:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right privilege, or benefit that he or she
would otherwise be entitled to by Federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
[FR Doc. 2014-21438 Filed 9-8-14; 8:45 am]
BILLING CODE 7709-02-P