Taxpayer-Funded Pension Disclosure Act

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Introduction

The Taxpayer-Funded Pension Disclosure Act is a bill introduced to the US House by Ron DeSantis, the House of Representatives representing Florida's 6th district. The bill was introduced during the 115th Congress, on July 12th 2017,
The bill is supported by Mr. DeSantis, Mr. LaHood, Mr. Posey, Mrs. Blackburn, Mr. Issa, Mr. Poliquin, and Mr. Rothfus.

Full Text

Here is the full text of the proposed bill, H. R. 3200:

Bill H.R. 3200

To require the disclosure of pension records under the Freedom of Information Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1: Short Title

This Act may be cited as the “Taxpayer-Funded Pension Disclosure Act”.

Section 2: Disclosure of Pension Records under the Freedom of Information Act.

(a) In General.—Notwithstanding any other provision of law, the pension record of an individual who is an annuitant under chapter 83 or 84 of title 5, United States Code, shall be considered a record for purposes of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), and shall be made available in accordance with subsection (a)(3) of such section.

(b) Definitions.—In this section:

(1) ANNUITANT.—The term “annuitant” means an annuitant as defined in—

(A) section 8331 of title 5, United States Code; or

(B) section 8401 of such title.

(2) PENSION RECORD.—

(A) IN GENERAL.—The term “pension record” means any record containing any information concerning an annuitant receiving an annuity under chapter 83 or 84 of title 5, United States Code, including, with respect to the annuitant—

  • (i) full name;
  • (ii) the most recent position of the annuitant, including the agency and division for such position, position title, location, and ZIP code of the place of employment for such position;
  • (iii) date of appointment to such position;
  • (iv) monthly annuity amount;
  • (v) last plan grade, if applicable;
  • (vi) total employee annuity contribution;
  • (vii) total reported wages;
  • (viii) total service credits;
  • (ix) retirement date; and
  • (x) with respect to an annuitant who was an employee of the United States Postal Service, the name of the facility that was the last place of employment of the annuitant.

(B) EXCLUSIONS.—Such term does not include—

  • (i) information regarding a medical condition of the annuitant; or
  • (ii) any information identifying a designated beneficiary of the individual.

(c) Update Of Regulations.—Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall update section 293.311 of title 5, Code of Federal Regulations, in accordance with the requirements of this section.

Concerns

Infringements of privacy

Federal retirees are concerned by this bill, which is perceived as an attempted violation of their rights to privacy. The bill would make a lot of the personal and financial data of federal retirees a matter of public record. The bill may run up against the Privacy Act. The penalty for violating the Privacy Act is a felony level charge.

Identity theft

It is feared that this bill would put at risk millions of federal retirees receiving a federal pension to identity theft. For a criminal wanting to commit identity theft, it is often enough to gather sufficient personal data about the target. The provisions of the bill HR3200 would facilitate the gathering of personal information. Federal retirees would be at a greater risk to become victims of financial fraud.

Campaign to oppose bill HR3200

Concerned federal retirees have started a campaign against this bill, writing letters to the House Oversigiht Committee. More details to come....

External resources