[Federal Register: October 11, 1996 (Volume 61, Number 199)]

[Notices]

[Page 53466-53468]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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

PENSION BENEFIT GUARANTY CORPORATION

Privacy Act of 1974; System of Records AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of a new routine use of records for PBGC-6, Plan Participant and Beneficiary Data--PBGC.

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

SUMMARY: The Pension Benefit Guaranty Corporation is proposing a new routine use of records for a system of records maintained pursuant to the Privacy Act of 1974, as amended, entitled PBGC-6, Plan Participant and Beneficiary Data--PBGC. The new routine use will permit disclosure to the public of names and last known addresses of participants who are or may be entitled to benefits under terminated pension plans, and the names and last known addresses of their former employers, so that missing participants will know that they are being sought.

DATES: Comments on the new routine use must be received by November 12, 1996. The new routine use will become effective November 20, 1996, without further notice, unless comments result in a contrary determination and a notice is published to that effect.

ADDRESSES: Comments may be mailed to the Office of the General Counsel, Suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026, or delivered to that address between 9 a.m. and 4 p.m. on business days. Written comments will be available for public inspection at the PBGC's Communications and Public Affairs Department, Suite 240 at the same address, between 9 a.m. and 4 p.m. on business days.

FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of the General Counsel, Suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026; 202-326-4123 (202-326- 4179 for TTY and TDD).

SUPPLEMENTARY INFORMATION: The PBGC maintains certain information about participants and beneficiaries in terminating and terminated pension plans covered by title IV of the Employee Retirement Income Security Act of 1974, as amended, in a Privacy Act system of records entitled PBGC-6, Plan Participant and Beneficiary Data--PBGC. To assist the PBGC in locating missing participants and beneficiaries, including missing participants under section 4050 of ERISA, the PBGC previously established routine uses of records for PBGC-6 that permit disclosure of certain information to the Internal Revenue Service, the Social Security Administration, certain labor organizations, private locator services, the United States Postal Service, and to certain other participants and beneficiaries. To provide an additional tool for locating missing participants, PBGC is establishing a new routine use of records for PBGC-6, routine use 11, that will permit disclosure of certain information so that missing participants will know that they are being sought. Routine use 11 will permit disclosure to the public of names and last known addresses of participants and beneficiaries, and the names and addresses of participants' former employers. Such information will be disclosed only if the PBGC is unable to make benefit payments because the address it has does not appear to be current or correct.

For the convenience of the public, PBGC-6, as amended, is published in full below with new routine use 11 italicized. Issued in Washington, DC, this 9th day of October 1996.

Martin Slate,

Executive Director, Pension Benefit Guaranty Corporation.

PBGC-6

Plan Participant and Beneficiary Data--PBGC.

Not applicable.

Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026 and/or field benefit administrator, plan administrator, and paying agent worksites.

Participants and beneficiaries in terminating and terminated pension plans covered by Title IV of the Employee Retirement Income Security Act of 1974, as amended (``ERISA'').

Names, addresses, telephone numbers, sex, social security numbers and other Social Security Administration information, dates of birth, dates of hire, salary, marital status (including domestic relations orders), time of plan participation, eligibility status, pay status, benefit data, health-related information, insurance information where plan benefits are guaranteed by private insurers, and initial and final PBGC determinations (29 CFR 2606.22 and 2606.60). The records listed herein are included only as pertinent or applicable to the individual plan participant or beneficiary.

29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342 and 1350.

This system of records is maintained for use in determining eligibility for benefits under plans covered by Title IV of ERISA, including determinations as [[Page 53467]] to the participants and beneficiaries entitled to benefits and the amounts of such benefits to be paid, and in making benefit payments and collecting benefit overpayments.

1. A record from this system of records may be disclosed to third parties, such as banks, insurance companies, or trustees, to make benefit payments to plan participants and beneficiaries.

2. A record from this system of records may be disclosed, in furtherance of proceedings under Title IV of ERISA, to a contributing sponsor (or other employer who maintained the plan), including any predecessor or successor, and any member of the same controlled group.

3. A record from this system of records may be disclosed, upon request for a purpose authorized under Title IV of ERISA, to an official of a labor organization recognized as the collective bargaining representative of the individual about whom a request is made.

4. Names, addresses, and telephone numbers of participants and beneficiaries and information pertaining to debts owed by such participants and beneficiaries to the PBGC may be disclosed to a debt collection agency or firm to collect a claim. Disclosure 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.

5. The name and social security number of a participant employed or formerly employed as a pilot by a commercial airline may be disclosed to the Federal Aviation Administration (``FAA'') to obtain information relevant to the participant's eligibility or continued eligibility for disability benefits.

6. Names and social security numbers of plan participants and beneficiaries may be disclosed to the Internal Revenue Service (``IRS'') to obtain current addresses from tax return information and to the Social Security Administration (``SSA'') to obtain current addresses under the SSA's Letter Forwarding Service. 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 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.

8. 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 binds 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.

9. Names and last known 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 Program. 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 binds the licensee of the Postal 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.

10. 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. 11. 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.

General Routine Uses G1 and G4 through G7 (see Prefatory Statement of General Routine Uses) apply to this system of records. Information may be disclosed to a consumer reporting agency in accordance with 31 U.S.C. 3711(f) (5 U.S.C. 552a(b)(12)). Records are maintained manually in file folders and/or in automated form.

Records are indexed by plan and participant and/or beneficiary name.

Manual records are kept in areas of restricted access that are locked after office hours; access to automated records is restricted. Records for plan participants are transferred to the Washington National Federal Records Center 6 months after either the final payment to a participant and/or beneficiary or the PBGC's final determination that a participant or beneficiary is not entitled to any benefits and

[Federal Register: October 11, 1996 (Volume 61, Number 199)]

[Notices]

[Page 53466-53468]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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

PENSION BENEFIT GUARANTY CORPORATION

Privacy Act of 1974; System of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of a new routine use of records for PBGC-6, Plan Participant and Beneficiary Data--PBGC.

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

SUMMARY: The Pension Benefit Guaranty Corporation is proposing a new routine use of records for a system of records maintained pursuant to the Privacy Act of 1974, as amended, entitled PBGC-6, Plan Participant and Beneficiary Data--PBGC. The new routine use will permit disclosure to the public of names and last known addresses of participants who are or may be entitled to benefits under terminated pension plans, and the names and last known addresses of their former employers, so that missing participants will know that they are being sought.

DATES: Comments on the new routine use must be received by November 12, 1996. The new routine use will become effective November 20, 1996, without further notice, unless comments result in a contrary determination and a notice is published to that effect.

ADDRESSES: Comments may be mailed to the Office of the General Counsel, Suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026, or delivered to that address between 9 a.m. and 4 p.m. on business days. Written comments will be available for public inspection at the PBGC's Communications and Public Affairs Department, Suite 240 at the same address, between 9 a.m. and 4 p.m. on business days.

FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of the General Counsel, Suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026; 202-326-4123 (202-326- 4179 for TTY and TDD).

SUPPLEMENTARY INFORMATION: The PBGC maintains certain information about participants and beneficiaries in terminating and terminated pension plans covered by title IV of the Employee Retirement Income Security Act of 1974, as amended, in a Privacy Act system of records entitled PBGC-6, Plan Participant and Beneficiary Data--PBGC.

To assist the PBGC in locating missing participants and beneficiaries, including missing participants under section 4050 of ERISA, the PBGC previously established routine uses of records for PBGC-6 that permit disclosure of certain information to the Internal Revenue Service, the Social Security Administration, certain labor organizations, private locator services, the United States Postal Service, and to certain other participants and beneficiaries. To provide an additional tool for locating missing participants, PBGC is establishing a new routine use of records for PBGC-6, routine use 11, that will permit disclosure of certain information so that missing participants will know that they are being sought. Routine use 11 will permit disclosure to the public of names and last known addresses of participants and beneficiaries, and the names and addresses of participants' former employers. Such information will be disclosed only if the PBGC is unable to make benefit payments because the address it has does not appear to be current or correct.

For the convenience of the public, PBGC-6, as amended, is published in full below with new routine use 11 italicized.

Issued in Washington, DC, this 9th day of October 1996.

Martin Slate,

Executive Director, Pension Benefit Guaranty Corporation.

PBGC-6

Plan Participant and Beneficiary Data--PBGC.

Not applicable.

Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026 and/or field benefit administrator, plan administrator, and paying agent worksites.

Participants and beneficiaries in terminating and terminated pension plans covered by Title IV of the Employee Retirement Income Security Act of 1974, as amended (``ERISA'').

Names, addresses, telephone numbers, sex, social security numbers and other Social Security Administration information, dates of birth, dates of hire, salary, marital status (including domestic relations orders), time of plan participation, eligibility status, pay status, benefit data, health-related information, insurance information where plan benefits are guaranteed by private insurers, and initial and final PBGC determinations (29 CFR 2606.22 and 2606.60). The records listed herein are included only as pertinent or applicable to the individual plan participant or beneficiary.

29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342 and 1350.

This system of records is maintained for use in determining eligibility for benefits under plans covered by Title IV of ERISA, including determinations as

[[Page 53467]]

to the participants and beneficiaries entitled to benefits and the amounts of such benefits to be paid, and in making benefit payments and collecting benefit overpayments.

1. A record from this system of records may be disclosed to third parties, such as banks, insurance companies, or trustees, to make benefit payments to plan participants and beneficiaries.

2. A record from this system of records may be disclosed, in furtherance of proceedings under Title IV of ERISA, to a contributing sponsor (or other employer who maintained the plan), including any predecessor or successor, and any member of the same controlled group.

3. A record from this system of records may be disclosed, upon request for a purpose authorized under Title IV of ERISA, to an official of a labor organization recognized as the collective bargaining representative of the individual about whom a request is made.

4. Names, addresses, and telephone numbers of participants and beneficiaries and information pertaining to debts owed by such participants and beneficiaries to the PBGC may be disclosed to a debt collection agency or firm to collect a claim. Disclosure 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.

5. The name and social security number of a participant employed or formerly employed as a pilot by a commercial airline may be disclosed to the Federal Aviation Administration (``FAA'') to obtain information relevant to the participant's eligibility or continued eligibility for disability benefits.

6. Names and social security numbers of plan participants and beneficiaries may be disclosed to the Internal Revenue Service (``IRS'') to obtain current addresses from tax return information and to the Social Security Administration (``SSA'') to obtain current addresses under the SSA's Letter Forwarding Service. 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 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.

8. 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 binds 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.

9. Names and last known 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 Program. 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 binds the licensee of the Postal 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.

10. 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.

11. 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.

General Routine Uses G1 and G4 through G7 (see Prefatory Statement of General Routine Uses) apply to this system of records.

Information may be disclosed to a consumer reporting agency in accordance with 31 U.S.C. 3711(f) (5 U.S.C. 552a(b)(12)).

Records are maintained manually in file folders and/or in automated form.

Records are indexed by plan and participant and/or beneficiary name.

Manual records are kept in areas of restricted access that are locked after office hours; access to automated records is restricted.

Records for plan participants are transferred to the Washington National Federal Records Center 6 months after either the final payment to a participant and/or beneficiary or the PBGC's final determination that a participant or beneficiary is not entitled to any benefits and are destroyed 7 years after such payment or determination.

Director, Insurance Operations Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005-4026.

Procedures are detailed in PBGC regulations: 29 CFR Part 2607.

Same as notification procedure.

Same as notification procedure.

[[Page 53468]]

Plan administrators, participants and beneficiaries, the FAA, the SSA, labor organization officials, firms or agencies providing locator services, and USPS licensees.

None.

[FR Doc. 96-26314 Filed 10-10-96; 8:45 am]

BILLING CODE 7708-01-P