Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Notices 57629

pertain to the topics on the agenda for

the meeting.

2. Questions from members of the

public will be permitted, during the

meeting, at the discretion of the

Chairman.

3. The transcript and written

comments will be available for

inspection, and copying, for a fee, at the

NRC Public Document Room, 11555

Rockville Pike, Rockville, MD 20852–

27382, telephone (800) 397–4209, on or

about December 6, 2000. Minutes of the

meeting will be available on or about

January 8, 2000.

4. Seating for the public will be on a

first-come, first-served basis.

This meeting will be held in

accordance with the Atomic Energy Act

of 1954, as amended (primarily Section

161a); the Federal Advisory Committee

Act (5 U.S.C. App); and the

Commission’s regulations in Title 10,

U.S. Code of Federal Regulations, Part 7.

Dated: September 19, 2000.

Andrew L. Bates,

Advisory Committee Management Officer.

[FR Doc. 00–24577 Filed 9–22–00; 8:45 am]

BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY

CORPORATION

Privacy Act of 1974; System of

Records

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Notice of new routine uses of

records and technical and clarifying

changes for PBGC–6, Plan Participant

and Beneficiary Data—PBGC

SUMMARY: The Pension Benefit Guaranty

Corporation is proposing two new

routine uses 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 first new

routine use permits disclosure of certain

benefit information to a participant’s

spouse, former spouse, child, or other

dependent of the participant solely to

obtain a qualified domestic relations

order pursuant to 29 U.S.C. 1056(d) and

26 U.S.C. 414(p). The second new

routine use permits disclosure of

information from a participant’s initial

determination under 29 CFR 4003.1(b)

to the participant’s spouse, former

spouse, child, or other dependent who

is an alternate payee 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 under

29 CFR 4003.51. The PBGC is also

making technical and clarifying changes

to PBGC–6.

DATES: Comments on the new routine

uses must be received by October 25,

2000. The new routine uses will become

effective November 9, 2000, without

further notice, unless comments result

in a contrary determination and a notice

is published to that effect.

ADDRESSES: Comments may be mailed to

the Office of the General Counsel, 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. Comments

also may be sent by Internet e-mail to

reg.comments@pbgc.gov. Comments

will be available for public inspection at

the PBGC’s Communications and Public

Affairs Department, Suite 240 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; 202–326–4020 (extension 3672).

(For TTY/TDD users, call the federal

relay service toll-free at 1–800–877–

8339 and ask to be connected to 202–

326–4020 (extension 3672).)

SUPPLEMENTARY INFORMATION: Generally,

a participant’s benefit from a pension

plan may not be assigned or alienated.

An exception permits certain payments

made pursuant to a state domestic

relations order that creates or recognizes

the right of a spouse, former spouse,

child, or other dependent of a

participant to receive all or a portion of

the benefit payable with respect to the

participant to satisfy child support,

alimony, or other marital property

obligations. This exception only applies

if the domestic relations order is

qualified, i.e., the plan or the PBGC

determines that the order meets certain

legal requirements. To be qualified, the

domestic relations order must, among

other things, specify the name of the

plan to which it applies, the amount or

percentage of the participant’s benefit to

be paid to the alternate payee, the form

of the payment to the alternate payee,

and the date the payment to the

alternate payee begins and ends. See 29

U.S.C. 1056(d) and 26 U.S.C. 414(p).

The PBGC is establishing two new

routine uses that permit disclosure of

information about a participant to an

individual who is or may become

entitled to benefits from the PBGC as an

alternate payee.

New routine use 12 permits the PBGC

to disclose the information needed to

obtain a qualified domestic relation

order under 29 U.S.C. 1056(d) and 26

U.S.C. 414(p) to a spouse, former

spouse, child, or other dependent of a

participant. The PBGC will disclose the

information only upon the receipt of a

notarized, written request by a

prospective alternate payee 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.

New routine use 13 permits the PBGC

to disclose information from a

participant’s initial determination under

29 CFR 4003.1(b) to the participant’s

spouse, former spouse, child, or other

dependent who is an alternate payee

under a qualified domestic relations

order issued pursuant to 29 U.S.C.

1056(d) and 26 U.S.C. 414(p). The

information explains 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 will not disclose the

participant’s address, telephone

number, social security number, and

any sensitive medical information under

the new routine use.

The PBGC will notify the participant

of the information that is disclosed

under the new routine uses.

The PBGC is making certain other

technical and clarifying changes to

PBGC–6 by updating the citations to its

regulations and revising the

descriptions of the categories of records

in the system and of how records are

stored and safeguarded to make them

more specific. The PBGC is also revising

the description of the purposes for

which information is used and how

information is retrieved to reflect that

the PBGC uses names, addresses and

telephone numbers to survey customer

satisfaction with the PBGC’s benefit

payment services and to track (for

follow up) those who did not respond

to surveys. The PBGC mails surveys to

a sample of individuals whose records

are maintained in PBGC–6 seeking

information about the quality of services

provided by the PBGC. Survey

responses are aggregated for statistical

purposes after they are received by the

PBGC and are not retrievable by a

participant or beneficiary’s name or

other assigned identifier.

For the convenience of the public,

PBGC–6, as amended, is published in

full below with new routine uses 12 and

13 and the technical and clarifying

changes italicized.

57630 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Notices

Issued in Washington, DC, this 19th day of

September, 2000.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

PBGC–6

SYSTEM NAME:

Plan Participant and Beneficiary

Data—PBGC.

SECURITY CLASSIFICATION:

Not applicable.

SYSTEM LOCATION:

Pension Benefit Guaranty

Corporation, 1200 K Street, NW.,

Washington, DC 20005–4026 and/or

field benefit administrator, plan

administrator, and paying agent

worksites.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Participants and beneficiaries in

terminating and terminated pension

plans covered by Title IV of the

Employee Retirement Income Security

Act of 1974, as amended (‘‘ERISA’’).

CATEGORIES OF RECORDS IN THE SYSTEM:

Names, addresses, telephone

numbers, sex, social security numbers

and other Social Security

Administration information, dates of

birth, dates of hire, salary, marital

status, domestic relations orders, time of

plan participation, eligibility status, pay

status, benefit data, health-related

information, insurance information

where plan benefits are provided by

private insurers, initial and final PBGC

determinations (29 CFR 4003.21 and

4003.59). The records listed herein are

included only as pertinent or applicable

to the individual plan participant or

beneficiary.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

29 U.S.C. 1055, 1056(d)(3), 1302,

1321, 1322, 1322a, 1341, 1342 and 1350.

PURPOSE(S):

This system of records is maintained

for use in determining whether

participants and beneficiaries are

eligible for benefits under plans covered

by Title IV of ERISA, the amounts of

benefits to be paid, making benefit

payments, and collecting benefit

overpayments. Names, addresses, and

telephone numbers are used to survey

customers to measure their satisfaction

with the PBGC ’s benefit payment

services and to track (for follow up)

those who do not respond to surveys.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

1. A record from this system of

records may be disclosed to third

parties, such as banks, insurance

companies, or trustees, to 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. 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

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Notices 57631

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.

12. 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 notarized, written request by a

prospective alternate payee 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 under this routine use.

Any person who knowingly and willfully

requests or obtains any record

concerning an individual under false

pretenses is subject to a criminal

penalty under 5 U.S.C. 552a(i)(3).

13. 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 a participant’s spouse, former spouse,

child, or other dependent who is an

alternate payee 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 will notify the

participant of the information disclosed

to an alternate payee under this routine

use. 

General Routine Uses G1 and G4

through G7 (see Prefatory Statement of

General Routine Uses) apply to this

system of records.

DISCLOSURE TO CONSUMER REPORTING

AGENCIES:

Information may be disclosed to a

consumer reporting agency in

accordance with 31 U.S.C. 3711(f) (5

U.S.C. 552a(b)(12)).

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in paper and

electronic form.

RETRIEVABILITY:

Records are indexed by plan and

participant and/or beneficiary name.

Customer satisfaction survey responses

are aggregated for statistical purposes

after they have been received by the

PBGC and are not retrievable by a

participant or beneficiary’s name or

other assigned identifier.

SAFEGUARDS:

Paper records are kept in file folders

in areas of restricted access that are

locked after office hours. Electronic

records are stored on computer

networks and protected by assigning

user identification numbers to

individuals needing access to the

records and by passwords set by

authorized users that must be changed

periodically.

RETENTION AND DISPOSAL:

Records for 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.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Insurance Operations

Department, Pension Benefit Guaranty

Corporation, 1200 K Street, NW.,

Washington, DC 20005–4026.

NOTIFICATION PROCEDURE:

Procedures are detailed in the PBGC’s

regulations: 29 CFR part 4902.

RECORD ACCESS PROCEDURES:

Same as notification procedure.

CONTESTING RECORDS PROCEDURE:

Same as notification procedure.

RECORD SOURCE CATEGORIES:

Plan administrators, participants and

beneficiaries, the FAA, the SSA, labor

organization officials, firms or agencies

providing locator services, and USPS

licensees.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

[FR Doc. 00–24527 Filed 9–22–00; 8:45 am]

BILLING CODE 7708–01–P

SECURITIES AND EXCHANGE

COMMISSION

[Investment Company Act Release No.

24645]

First American Investment Funds, Inc.

and U.S. Bank National Association;

Notice of Application

September 19, 2000.

AGENCY: Securities and Exchange

Commission (‘‘Commission’’).

ACTION: Notice of an application under

section 17(b) of the Investment

Company Act of 1940 (the ‘‘Act’’) for an

exemption from section 17(a) of the Act.

SUMMARY OF APPLICATION: Applicants

request an order to permit a series of a

registered open-end management

investment company to acquire all of

the assets, subject to the liabilities, of

another series of the investment

company. Because of certain affiliations,

applicants may not rely on rule 17a–8

under the Act.

APPLICANTS: First American Investment

Funds, Inc. (‘‘FAIF’’) and U.S. Bank

National Association (‘‘U.S. Bank’’).

FILING DATES: The application was filed

on September 11, 2000. Applicants have

agreed to file an amendment during the

notice period, the substance of which is

reflected in this notice.

HEARING OR NOTIFICATION OF HEARING: An

order granting the application will be

issued unless the Commission orders a

hearing. Interested persons may request

a hearing by writing to the

Commission’s Secretary and serving

applicants with a copy of the request,

personally or by mail. Hearing requests

should be received by the Commission

by 5:30 p.m. on October 10, 2000 and

should be accompanied by proof of

service on applicants, in the form of an

affidavit, or, for lawyers, a certificate of

service. Hearing request should state the

nature of the writer’s interest, the reason

for the request, and the issues contested.

Persons who wish to be notified of a

hearing may request notification by

writing to the Commission’s Secretary.

ADDRESSES: Secretary, Commission, 450

Fifth Street, N.W., Washington, D.C.

20549–0609; Applicants: c/o Thomas A.

Berreman, Esq., U.S. Bank National

Association, U.S. Bank Place, MPFP

2016, 601 Second Avenue South,

Minneapolis, MN 55402.

FOR FURTHER INFORMATION CONTACT:

Deeptak T. Pai, Senior Counsel, at (202)

942–0574 or Janet M. Grossnickle,

Branch Chief, at (202) 942–0564,

(Division of Investment Management,

Office of Investment Company

Regulation).