80 FR 34048 - Sixty-Month Period of Employment Requirement for Government Pension Offset Exemption
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 80, Issue 114 (June 15, 2015)
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34048-34051 | |
| FR Document | 2015-14509 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Rules and Regulations] [Pages 34048-34051] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14509] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION [Docket No. SSA 2007-0040] 20 CFR Part 404 RIN 0960-AG50 Sixty-Month Period of Employment Requirement for Government Pension Offset Exemption AGENCY: Social Security Administration (SSA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule adopts, with clarifying changes, the proposed rule we previously published in the Federal Register on August 3, 2007. This final rule revises our Government Pension Offset (GPO) regulations to reflect changes to the Social Security Act (``Act'') made by section 9007 of the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) and section 418 of the Social Security Protection Act of 2004 (SSPA). These regulations explain how and when we will reduce the Social Security spouse's benefit for some people who receive Federal, State, or local government pensions if Social Security did not cover their government work. DATES: This final rule is effective on July 15, 2015. FOR FURTHER INFORMATION CONTACT: Sylvia Diaz, Social Insurance Specialist, Office of Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235- 6401, (410) 965-1981. For information on eligibility or filing benefits, call our national toll-free number, 1-800-772-1213 or TTY 1- 800-325-0778, or visit our Internet site, Social Security Online, at www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Background Congress enacted the GPO in 1977 to reduce the Social Security spouse's benefit of workers who receive a government pension based on noncovered employment. A Social Security spouse's old-age benefit is a benefit that, under certain circumstances, the spouse, widow(er), mother, father, divorced spouse, or surviving divorced spouse of an insured person is entitled to receive. Congress created spouse's benefits to help people who depend on their working spouses for financial support, either because they did not work or did not work long enough to be entitled to their own Social Security retirement benefit. Spouse's benefits are separate from the Social Security retirement benefits earned based on an individual's own earnings record. We base a spouse's benefit on the Social Security earnings record of an individual's current, deceased, or former spouse. The GPO does not apply to Social Security retirement or disability benefits that we base on an individual's own earnings. Under the Social Security program, an individual who is entitled to more than one Social Security benefit at the same time does not receive the full amount of each benefit. For example, an individual who worked and paid Social Security taxes may be eligible for a retirement benefit based on his or her own earnings and may also be eligible for spouse's benefits based on another person's earnings. In this case, if the spouse's benefit is greater than the individual's retirement benefit, we will reduce the spouse's benefit by the amount of the individual's own retirement benefit. Therefore, the individual's own retirement benefit ``offsets'' the benefit amount paid as a spouse. In certain instances, an individual may earn wages but not pay Social Security taxes. We call this noncovered work. This situation exists for some Federal, State, and local government employees who contributed to a government-employee pension plan and receive a government pension. Since these individuals did not pay Social Security taxes on their noncovered employment, they are not eligible for Social Security retirement benefits based on that work. However, they may be eligible for Social Security spouse's benefits. Congress believed that individuals who received a government pension based on their own noncovered work would receive a ``windfall'' if they also received Social Security spouse's benefits that their government pension did not offset.\1\ To prevent this ``windfall,'' Congress passed the GPO provision in 1977.\2\ The GPO treats government workers similarly to individuals who worked in jobs that Social Security covered by reducing their Social Security spouse's benefit when they receive a government pension based on their own noncovered work. --------------------------------------------------------------------------- \1\ See S. Rep. No. 95-572, at 28 (1977). \2\ Public Law 95-216, 91 Stat. 1509 (1977); see 42 U.S.C. 402(k)(5)(A). --------------------------------------------------------------------------- Under the 1977 law, the GPO did not apply if Social Security covered the person's last day of government employment. The wording of this law allowed an individual to spend an entire career in a noncovered job and avoid the GPO by working in a covered job for only 1 day. To close this ``last [[Page 34049]] day loophole,'' Congress enacted section 418 of the SSPA, Public Law 108-203, which amended the GPO provision of the Act. This amendment, made by section 418, requires that an individual's final 60 months of government work must be covered by both Social Security and the pension plan that provides the government pension in order to be exempt from the GPO. This amendment also phased out the ``last day'' loophole and provided a transitional rule that covered people whose last day of government employment occurred within 5 years of the enactment of SSPA. For workers whose last day of State or local government employment occurred between March 2, 2004 and March 1, 2009, we will reduce the 60-month requirement by the total number of months that the worker served in covered employment on or before March 2, 2004. The worker must perform the remaining month(s) of service needed to fulfill this 60-month requirement after March 2, 2004. Therefore, even if a worker had 60 or more months of covered government service on or before March 2, 2004, that worker would still have to work his or her last month of covered government service after March 2, 2004. The last 60-month requirement established by section 418 of the SSPA is similar to a requirement established by section 9007 of the OBRA 1987, Public Law 100-203. Section 9007 specified that Federal employees who transfer from the Civil Service Retirement System to the Federal Employees Retirement System must work for at least 60 months, taken together, in covered employment in order to avoid application of the GPO. On August 3, 2007, we published an NPRM in the Federal Register at 72 FR 43202 proposing to revise our regulations to reflect the changes to the GPO made by section 418 of SSPA and section 9007 of the OBRA 1987. We are finalizing the changes announced in the NPRM, with the modifications noted below. Changes to Language Proposed in NPRM We re-worded and reorganized the proposed regulatory language to better explain how we apply the GPO rules. These changes make the regulations clearer and easier to understand. The language changes do not affect the substance of the regulation as proposed in our NPRM. In the NPRM, we proposed replacing the words ``receiving'' and ``received'' with the word ``payable.'' We decided against this change. Variations of the term ``receive'' more clearly describe the fact that a government pension plan must pay a person a periodic benefit from for GPO to apply. Additionally, use of the term ``receive'' in this section maintains consistency throughout our regulations. We simplified the language in proposed 404.408a(a)(1), and redesignated the section as 404.408a(a)(2).We redesignated proposed 404.408a(a)(1) as (a)(2) because we are adding a new 404.408a(a)(1). In the proposed rules, we used the terms ``government pension'' and ``noncovered employment'' without a definition. We also referred to an individual's ``Social Security benefits as a wife, husband, widow, widower, mother or father, divorced or surviving divorced spouse'' throughout proposed 404.408a(a), as well as in proposed 404.408a(b) and (d). To simplify and clarify the rules, we added a definitional paragraph to 404.408a(a) for these terms. We defined the terms government pension and noncovered employment in 404.408a(a)(1)(i) and (a)(1)(ii) and added 404.408a(a)(2)(iii) to define ``spouse's benefits,'' which is a single term used to represent those beneficiaries affected by this section: Wives, husbands, widows, widowers, mothers, fathers, divorced or surviving divorced spouses. Using a single term to describe these groups simplifies our rules and makes them easier to understand. The addition of these terms does not change or affect the categories of beneficiaries affected or change the substance of the rules we proposed. We simplified the language in proposed 404.408a(a)(3) and moved it to 404.408a(b)(6), except for the final sentence of (3)(ii). We revised the final sentence of proposed 404.408a(a)(3)(ii) and moved it to 404.408a(a)(2). We simplified the first sentence of proposed 404.408a(a)(4) and moved it to 404.408a(b)(6)(ii) to clarify that it applies to the last 60 months rule. We simplified the second sentence of proposed 404.408a(a)(4) and moved it to 404.408a(a)(1)(ii) to clarify that it applies to all of Sec. 404.408a. We simplified the language of proposed 404.408a(d) and added provisions from proposed paragraph 404.408a(a)(5). We revised the language of proposed 404.408a(b)(6) and moved it to 404.408a(b)(7). We simplified formerly proposed 404.408a(a)(2) and moved it to 404.408a(b)(8) as a new exception. Public Comment On August 3, 2007, we published an NPRM in the Federal Register at 72 FR 43202 and provided the public with a 60-day comment period. We received one comment. We carefully considered the concerns expressed in this comment but did not make any changes to the final rule as a result of the comment. Comment: A member of the public objected to the GPO, stating that government pensions are already larger than private pensions. The commenter opined that people who receive government pensions should not get extra payments since they already receive more than workers who lack pensions. Response: We did not adopt this comment, which reflects a misunderstanding of the GPO. The GPO does not increase government pensions and it does not increase Social Security benefits. Instead, it reduces the Social Security spouse's benefit of workers who receive a government pension based on noncovered employment. Because our current regulations reflect the purpose of the GPO, people who receive government pensions are not receiving extra payments. Regulatory Procedures Executive Order 12866 as Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563 and was not subject to OMB review. Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities because it affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. Paperwork Reduction Act This final rule imposes no reporting or recordkeeping requirements subject to OMB clearance. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security-Disability Insurance; 96.002, Social Security-Retirement Insurance; 96.004, Social Security-Survivors Insurance.) List of Subjects in 20 CFR Part 404 Administrative practice and procedure; Blind; Disability benefits; Old-Age, Survivors and Disability [[Page 34050]] Insurance; Reporting and recordkeeping requirements; Social Security. Dated: June 5, 2015. Carolyn W. Colvin, Acting Commissioner of Social Security. For the reasons set out in the preamble, we amend 20 CFR chapter III, part 404, subpart E as follows: PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) Subpart E--Deductions; Reductions; and Nonpayments of Benefits 0 1. The authority citation for subpart E of part 404 is revised to read as follows: Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 U.S.C. 1801. 0 2. Amend Sec. 404.408a by revising paragraph (a), adding paragraphs (b)(6) through (8), and revising paragraph (d) to read as follows: Sec. 404.408a Reduction where spouse is receiving a government pension. (a) General--(1) Terms used in this section. (i) Government pension means any monthly periodic benefit (or equivalent) you receive that is based on your Federal, State, or local government employment. (ii) Noncovered employment means Federal, State, or local government employment that Social Security did not cover and for which you did not pay Social Security taxes. For the purposes of this section, we consider your Federal, State, or local government employment to be noncovered employment if you pay only Medicare taxes. (iii) Spouse's benefits are Social Security benefits you receive as a wife, husband, widow(er), mother, father, divorced spouse, or surviving divorced spouse. (2) When reduction is required. We will reduce your spouse's benefit for each month that you receive a government pension based on noncovered employment, unless one of the exceptions in paragraph (b) of this section applies. When we consider whether you receive a government pension based on noncovered employment, we consider the entire month to be a month covered by Social Security if you worked for a Federal, State, or local government employer in a position covered by Social Security for at least 1 day in that month and there was no noncovered employment that month under the same pension plan. (b) * * * (6) If you are receiving a government pension and the last 60 months of your government employment were covered by both Social Security and the pension plan that provides your government pension. (i) If the last day of your government employment was after June 30, 2004 and on or before March 2, 2009, we will apply a transitional rule to reduce the last 60-month requirement under the following conditions: (A) You worked 60 months in Federal, State, or local government employment covered by Social Security before March 2, 2004, and you worked at least 1 month of covered government employment after March 2, 2004, or (B) You worked fewer than 60 months in government employment covered by Social Security on or before March 2, 2004 and you worked the remaining number of months needed to total 60 months after March 2, 2004. The months that you worked before or after March 2, 2004 do not have to be consecutive. (ii) We will always reduce your monthly spouse's benefit if you receive a government pension based on noncovered employment and you later go back to work for a Federal, State, or local government, unless: (A) Your final 60 months of Federal, State, or local government employment were covered by Social Security; and (B) Both your earlier and later Federal, State, or local government employment were under the same pension plan. (7) If you are a former Federal employee and you receive a government pension based on work that included at least 60 months in employment covered by Social Security in the period beginning January 1, 1988 and ending with the first month you became entitled to spouse's benefits, whether or not the 60 months are consecutive), and: (i) You worked in the Civil Service Retirement System (CSRS), but switched after 1987 to either the Federal Employees Retirement System (FERS) or the Foreign Service Pension System; or (ii) You worked in the legislative branch and left CSRS after 1987 or received a lump sum payment from CSRS or another retirement system after 1987. (8) You were a State or local government employee, or a Federal employee who worked in the CSRS but switched to the FERS before 1988, your last day of service was in covered employment, and (i) You filed for spouse's benefits before April 1, 2004 and became entitled to benefits based on that filing, or (ii) Your last day of service was before July 1, 2004, * * * * * (d) Amount and priority of reduction--(1) Post-June 1983 government pensions. (i) If you became eligible for a government pension after June 1983, and you do not meet one of the exceptions in paragraph (b) of this section, we will reduce (to zero, if necessary) your monthly Social Security spouse's benefits by two-thirds of the amount of your government pension. (ii) If you earned part of your pension based on employment other than Federal, State, or local government employment, we will only use the part of your pension earned in government employment to compute the GPO. (iii) If the reduction is not a multiple of 10 cents, we will round it to the next higher multiple of 10 cents. (2) Pre-July 1983 government pensions. (i) If you became eligible for a government pension before July 1983, and do not meet one of the exceptions in paragraph (b) of this section, we will reduce (to zero, if necessary) your monthly Social Security spouse's benefits as follows: (A) By the full amount of your pension for months before December 1984; and (B) By two-thirds the amount of your monthly pension for months after November 1984. (ii) If the reduction is not a multiple of 10 cents, we will round it to the next higher multiple of 10 cents. (3) Reductions for age and simultaneous entitlement. We will reduce your spouse's benefit, if necessary, for age and for simultaneous entitlement to other Social Security benefits before we reduce it because you are receiving a government pension. In addition, this reduction follows the order of priority stated in Sec. 404.402(b). (4) Reduction not a multiple of $1.00. If the monthly benefit payable to you after the required reduction(s) is not a multiple of $1.00, we will reduce it to the next lower multiple of $1.00 as required by Sec. 404.304(f). (5) Lump sum payments. If the government pension is not paid monthly or is paid in a lump sum, we will allocate the pension on a basis equivalent to a monthly benefit and then reduce the monthly Social Security benefit accordingly. (i) We will generally obtain information about the number of years covered by a lump-sum payment from the pension plan. (ii) If one of the alternatives to a lump-sum payment is a life annuity, and we can determine the amount of the [[Page 34051]] monthly annuity, we will base the reduction on that monthly amount. (iii) If the period or the equivalent monthly pension benefit is not clear, we may determine the reduction period and the equivalent monthly benefit on an individual basis. * * * * * [FR Doc. 2015-14509 Filed 6-12-15; 8:45 am] BILLING CODE 4191-02-P
![34048 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations
providing notice and opportunity for SOCIAL SECURITY ADMINISTRATION earned based on an individual’s own
comment under the Administrative earnings record. We base a spouse’s
[Docket No. SSA 2007–0040]
Procedure Act. Nor is a 30-day delay in benefit on the Social Security earnings
effective date required under 5 U.S.C. 20 CFR Part 404 record of an individual’s current,
553(d) due to the non-substantive nature deceased, or former spouse. The GPO
of this technical amendment. NOAA has RIN 0960–AG50 does not apply to Social Security
decided to make this document effective retirement or disability benefits that we
Sixty-Month Period of Employment base on an individual’s own earnings.
upon publication because public
Requirement for Government Pension Under the Social Security program, an
comment and delayed effectiveness are
Offset Exemption individual who is entitled to more than
unnecessary.
AGENCY: Social Security Administration one Social Security benefit at the same
C. Regulatory Flexibility Act (SSA). time does not receive the full amount of
ACTION: Final rule. each benefit. For example, an individual
Because notice and opportunity for who worked and paid Social Security
comment are not required pursuant to 5 SUMMARY: This final rule adopts, with taxes may be eligible for a retirement
U.S.C. 553 or any other law, the clarifying changes, the proposed rule we benefit based on his or her own earnings
analytical requirements of the previously published in the Federal and may also be eligible for spouse’s
Regulatory Flexibility Act (5 U.S.C. 601 Register on August 3, 2007. This final benefits based on another person’s
et seq.) are inapplicable. Therefore, a rule revises our Government Pension earnings. In this case, if the spouse’s
regulatory flexibility analysis is not Offset (GPO) regulations to reflect benefit is greater than the individual’s
required and has not been prepared. changes to the Social Security Act retirement benefit, we will reduce the
(Federal Domestic Assistance Catalog (‘‘Act’’) made by section 9007 of the spouse’s benefit by the amount of the
Number 11.429 Marine Sanctuary Program) Omnibus Budget Reconciliation Act of individual’s own retirement benefit.
1987 (OBRA 1987) and section 418 of Therefore, the individual’s own
Dated: June 9, 2015.
the Social Security Protection Act of retirement benefit ‘‘offsets’’ the benefit
W. Russell Callender, amount paid as a spouse.
2004 (SSPA). These regulations explain
Acting Assistant Administrator for Ocean how and when we will reduce the In certain instances, an individual
Services and Coastal Zone Management. Social Security spouse’s benefit for may earn wages but not pay Social
Accordingly, for the reasons some people who receive Federal, State, Security taxes. We call this noncovered
discussed in the preamble, the National or local government pensions if Social work. This situation exists for some
Security did not cover their government Federal, State, and local government
Oceanic and Atmospheric
work. employees who contributed to a
Administration amends 15 CFR part 922
DATES: This final rule is effective on July government-employee pension plan and
as follows:
15, 2015. receive a government pension. Since
PART 922—NATIONAL MARINE FOR FURTHER INFORMATION CONTACT:
these individuals did not pay Social
SANCTUARY PROGRAM Sylvia Diaz, Social Insurance Specialist, Security taxes on their noncovered
REGULATIONS Office of Income Security Programs, employment, they are not eligible for
Social Security Administration, 6401 Social Security retirement benefits
Security Boulevard, Baltimore, based on that work. However, they may
■ 1. The authority citation for part 922
Maryland 21235–6401, (410) 965–1981. be eligible for Social Security spouse’s
continues to read as follows:
For information on eligibility or filing benefits.
Authority: 16 U.S.C. 1431 et seq. Congress believed that individuals
benefits, call our national toll-free
who received a government pension
Subpart H—[Amended] number, 1–800–772–1213 or TTY 1–
based on their own noncovered work
800–325–0778, or visit our Internet site,
would receive a ‘‘windfall’’ if they also
Social Security Online, at
■ 2. Amend Subpart H of Part 922 by received Social Security spouse’s
www.socialsecurity.gov.
removing ‘‘Farallones National Marine benefits that their government pension
Sanctuary’’ wherever it appears and SUPPLEMENTARY INFORMATION: did not offset.1 To prevent this
adding in its place ‘‘Greater Farallones Background ‘‘windfall,’’ Congress passed the GPO
National Marine Sanctuary.’’ provision in 1977.2 The GPO treats
Congress enacted the GPO in 1977 to government workers similarly to
§ 922.110 [Amended] reduce the Social Security spouse’s individuals who worked in jobs that
benefit of workers who receive a Social Security covered by reducing
■ 3. Amend § 922.110 by removing government pension based on
‘‘Farallones National Marine Sanctuary’’ their Social Security spouse’s benefit
noncovered employment. A Social when they receive a government
and adding in its place ‘‘Greater Security spouse’s old-age benefit is a
Farallones National Marine Sanctuary’’ pension based on their own noncovered
benefit that, under certain work.
and removing ‘‘FNMS’’ and adding in circumstances, the spouse, widow(er), Under the 1977 law, the GPO did not
its place ‘‘GFNMS.’’ mother, father, divorced spouse, or apply if Social Security covered the
surviving divorced spouse of an insured person’s last day of government
§ 922.130 [Amended]
person is entitled to receive. Congress employment. The wording of this law
wreier-aviles on DSK5TPTVN1PROD with RULES
■ 4. Amend § 922.130 by removing created spouse’s benefits to help people allowed an individual to spend an
‘‘Gulf of the Farallones National Marine who depend on their working spouses entire career in a noncovered job and
Sanctuary’’ and adding in its place for financial support, either because avoid the GPO by working in a covered
‘‘Greater Farallones National Marine they did not work or did not work long job for only 1 day. To close this ‘‘last
Sanctuary.’’ enough to be entitled to their own
Social Security retirement benefit. 1 See S. Rep. No. 95–572, at 28 (1977).
[FR Doc. 2015–14639 Filed 6–12–15; 8:45 am] Spouse’s benefits are separate from 2 Public Law 95–216, 91 Stat. 1509 (1977); see 42
BILLING CODE 3510–NK–P the Social Security retirement benefits U.S.C. 402(k)(5)(A).
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![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations 34051
monthly annuity, we will base the PART 1—INCOME TAXES from members of the public regarding
reduction on that monthly amount. this system’s exemption from the access
(iii) If the period or the equivalent ■ Paragraph 1. The authority citation provisions of the Privacy Act. The
monthly pension benefit is not clear, we for part 1 continues to read in part as Department adjudicated the comments.
may determine the reduction period and follows: Both comments supported the approval
the equivalent monthly benefit on an Authority: 26 U.S.C. 7805 * * * of the regulation.
individual basis. List of Subjects in 28 CFR Part 16
§ 1.446–3 [Corrected]
* * * * * Administrative practices and
[FR Doc. 2015–14509 Filed 6–12–15; 8:45 am] ■ Par. 2. Section 1.446–3 is amended by
procedures, Courts, Freedom of
BILLING CODE 4191–02–P removing paragraph (k).
information, Privacy, Sunshine Act.
Martin V. Franks, Pursuant to the authority vested in the
Chief, Publications and Regulations Branch, Attorney General by 5 U.S.C. 552a and
Legal Processing Division, Associate Chief delegated to me by Attorney General
DEPARTMENT OF THE TREASURY Counsel (Procedure and Administration). Order 2940–2008, 28 CFR part 16 is
Internal Revenue Service [FR Doc. 2015–14622 Filed 6–12–15; 8:45 am] amended as follows:
BILLING CODE 4830–01–P
26 CFR Part 1 PART 16—[AMENDED]
■ 1. The authority citation for part 16 is
[TD 9719] DEPARTMENT OF JUSTICE revised to read as follows:
28 CFR Part 16 Authority: 5 U.S.C. 301, 552, 552a, 552b(g),
RIN 1545–BM62 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,
[CPCLO Order No. 008–2015] 534; 31 U.S.C. 3717, 9701.
Notional Principal Contracts; Swaps
With Nonperiodic Payments; Privacy Act of 1974; Implementation Subpart E—Exemption of Records
Correction Systems Under the Privacy Act
AGENCY: Department of Justice.
AGENCY: Internal Revenue Service (IRS), ACTION: Final rule. § 16.81 [AMENDED]
Treasury. ■ 2. Amend § 16.81 by removing and
SUMMARY: The Department of Justice reserving paragraphs (g) and (h).
ACTION: Correcting amendment. (DOJ or Department) amends its Privacy
■ 3. Add § 16.136 to subpart E to read
Act regulations for the system of records
SUMMARY: This document contains as follows:
entitled ‘‘Giglio Information System,
corrections to final regulations (TD
JUSTICE/DOJ–017.’’ Information in this § 16.136 Exemption of the Department of
9719) that were published in the
system of records has been established Justice, Giglio Information System, Justice/
Federal Register on May 8, 2015 (80 FR DOJ–017.
to enable DOJ investigative agencies to
26437). The final regulations amend the
collect and maintain records of potential (a) The Department of Justice, Giglio
treatment of nonperiodic payments
impeachment information and to Information Files (JUSTICE/DOJ–017)
made or received pursuant to certain
disclose such information to DOJ system of records is exempted from
notional principal contracts.
prosecuting offices in order to ensure subsections (c)(3) and (4); (d)(1), (2), (3),
DATES: This correction is effective on that prosecutors receive sufficient and (4); (e)(1), (2), (3), (4)(G), (H), and
June 15, 2015 and applicable May 8, information to meet their obligations (I), (5), and (8); (f); and (g) of the Privacy
2015. under Giglio v. United States, 405 U.S. Act. These exemptions apply only to the
FOR FURTHER INFORMATION CONTACT: 150 (1972), as well as to enable DOJ extent that information in this system is
Alexa T. Dubert at (202) 317–6895 (not prosecuting offices to maintain records subject to exemption pursuant to 5
a toll free number). of potential impeachment information U.S.C. 552a(j) and/or (k).
obtained from DOJ investigative (b) Exemptions from the particular
SUPPLEMENTARY INFORMATION: subsections are justified for the
agencies, other federal agencies, and
Background state, and local agencies and to disclose following reasons:
such information in accordance with the (1) From subsection (c)(3) because this
The final regulations (TD 9719) that Giglio decision. subsection is inapplicable to the extent
are the subject of this correction is that an exemption is being claimed for
DATES: Effective Date: June 15, 2015.
under section 446 of the Internal subsection (d).
Revenue Code. FOR FURTHER INFORMATION CONTACT: (2) From subsection (c)(4) because this
Tricia Francis, Executive Office for subsection is inapplicable to the extent
Need for Correction United States Attorneys, FOIA/Privacy that an exemption is being claimed for
As published, the final regulations Staff, 600 E Street NW., Suite 7300, subsection (d).
(TD 9719) contain an error that may Washington, DC 20530, or by facsimile (3) From subsection (d) because
prove to be misleading and is in need (202) 252–6047. access to the records contained in this
of clarification. SUPPLEMENTARY INFORMATION: The system may interfere with or impede an
Department published a notice of ongoing investigation as it may be
List of Subjects in 26 CFR Part 1
proposed rulemaking (NPRM) in the
wreier-aviles on DSK5TPTVN1PROD with RULES
related to allegations against an agent or
Income taxes, Reporting and Federal Register at 80 FR 15951, Mar. witness who is currently being
recordkeeping requirements. 26, 2015. The Department invited public investigated. Further, other records that
comment on the NPRM and the are derivative of the subject’s employing
Correction of Publication
accompanying system notice (SORN). agency files may be accessed through
Accordingly, 26 CFR part 1 is The comment period closed on April 27, the employing agency’s files.
corrected by making the following 2015 for both the NPRM and the SORN. (4) From subsection (e)(1) because it
correcting amendment: The Department received two comments may not be possible to determine in
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Document Created: 2015-12-15 15:13:44
Document Modified: 2015-12-15 15:13:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 15, 2015. | |
| Contact | Sylvia Diaz, Social Insurance Specialist, Office of Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235- 6401, (410) 965-1981. For information on eligibility or filing benefits, call our national toll-free number, 1-800-772-1213 or TTY 1- 800-325-0778, or visit our Internet site, Social Security Online, at www.socialsecurity.gov. | |
| FR Citation | 80 FR 34048 | |
| RIN Number | 0960-AG50 | |
| CFR Associated | Administrative Practice and Procedure; Blind; Disability Benefits; Old-Age and Survivors and Disability Insurance; Reporting and Recordkeeping Requirements; Social Security |
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