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Introduction
Privacy Act Overview
Finding the Right System
Information on Individuals in the RR Industry
Service and Compensation Information
Application and Post-Application Information
Benefit information
Special Disclosure Restrictions
How to Obtain Records
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The Privacy Act and the RRB
Information On Individuals in the Railroad Industry

 
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The mission of the Railroad Retirement Board (RRB) as a Federal agency is to administer several benefit programs for railroad workers and their families. To accomplish this mission, the RRB must often gather and maintain a great amount of information on particular individuals. This information can be broadly classified as follows.

Service and Compensation Information

The RRB maintains a record for each person who worked in the railroad industry at anytime since 1936. The information in the record includes the railroad(s) for whom the employee worked, the number and identity of the months for which he worked, and the monthly amount the employee earned (but only up to the maximum amount taxable for the given year). The RRB obtains this information directly from the railroad employers, who are required by law to provide this information to the RRB. In addition, this group of information may also include the employee's claimed date of birth, sex, and race.

At one time this information was furnished and maintained in paper or punch card format; however, today it is almost completely computerized. What paper exists containing this information is largely computer-generated.

Of the three types of information, service and compensation information is maintained on the most individuals. Many individuals who have railroad earnings credited to them never file for sickness or unemployment benefits and do not remain employed with the railroad industry long enough to qualify for retirement benefits. Thus, the information the RRB maintains on them is limited to service and compensation information.

Application and Post-Application Information

Whenever an application for benefits is filed on the earnings and service of a railroad employee, the RRB needs to gather information in addition to the earnings and service information that it already has. The purpose of gathering the additional information is to establish the applicant's entitlement, and possibly also, the applicant's continued entitlement to benefits.

  • If the application is for retirement benefits, the information will relate to age, earnings outside the railroad industry, or other benefits awarded or expected to be awarded.
  • If the application is for disability benefits, the information will also relate to the claimed disability and will include medical evidence in support of the claim.
  • If the application is for benefits to members or former members of the employee's family (such as spouses, children, widows/widowers, parents, and divorced spouses), the information will also relate to the relationship of the applicant to the employee.
  • If the application is for unemployment benefits, the information will relate to the reasons for the applicant's unemployment, periods unemployed, and efforts made to find work.
  • If the application is for sickness benefits, the information will relate to the disabling condition and the period or periods the applicant claims to be disabled for work.

Much of the requested information is furnished by the applicant; however, some information may also be furnished by third parties. Such information may well be in the nature of "proofs" and evidence.

Whenever an application is first filed for benefits under the Railroad Retirement Act based on the earnings and service record of a railroad worker, a claim folder is established for that worker. This claim folder becomes the place where all paper documents relating to that application and all subsequent applications under the Railroad Retirement Act are filed. These documents include the application, supporting proofs, correspondence, award forms computational worksheets, and computer generated forms produced by the RRB.

No comparable folder is established for applicants for benefits under the Railroad Unemployment and Insurance Act. That's because less information is required for determining eligibility for benefits under this act. And also because the paper documentation is considerably less. Folders are established only in special cases where the paper documentation requires it.

Included in the category of application/post application information is the most sensitive information that the RRB maintains on persons in the railroad community. Information that is highly personal and therefore highly sensitive includes medical information (particularly where it relates to a mental condition), information relating to illegitimacy, prior marriages, common-law marriages, and information regarding personal finances. When there is an overpayment and the person who is overpaid requests that the overpayment be waived because of inability to pay, the RRB must obtain detailed financial information form the requester before making a decision on the request. Almost without exception, such highly sensitive information is contained in paper documents that are filed in claim folders.

Benefit information

When a person is found entitled to benefits, the RRB must compute the amount of the benefits and determine when they begin. Benefit information includes these two items of information. It also includes the periods for which benefits were due, when the benefits were paid, and the various amounts of benefits due and paid over a period of time -- the person's benefit payment history, in other words.

Unlike the other two types of information, benefit information is created by the RRB rather than obtained by it.

Special Disclosure Restrictions

Information obtained by the RRB in the administration of its major benefit programs is subject to special disclosure restrictions contained in the Railroad Retirement Act and the Railroad Unemployment Insurance Act. These disclosure restrictions are in addition to those contained in the Privacy Act. They provide that unless the information is disclosed to another agency engaged in functions related to those administered by the RRB, it cannot be disclosed unless the RRB finds that disclosure would be clearly in the furtherance of interest of the subject or subject's estate.

Because benefit information is created by the RRB rather than obtained by it, these special disclosure restrictions do not apply to benefit information. Thus, as a general rule, the RRB is freer to disclose benefit information than the other two types of information.


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Date posted: 02/12/2007
Date updated: 10/01/2007