PRIA, Government Policy, Made Personal

Summary

The Commissioner of Social Security may set up a data exchange with payroll data providers. The purpose is to help run certain monthly Social Security insurance programs and Supplemental Security Income and to prevent wrong benefit payments without needing other proof. Before making such an exchange, the Commissioner must publish a notice in the Federal Register. The notice must explain the exchange and show how the data are needed to decide who gets benefits and how much, and how the data are accurate, current, and complete. Payroll data provider: any group that keeps employment and wage records. Information exchange: an automated match of Social Security records with payroll records.

Title 42, §1320e–3

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

The Commissioner of Social Security may enter into an information exchange with a payroll data provider for purposes of— (1)

(2)preventing improper payments of such benefits without the need for verification by independent or collateral sources.

(b)Notification requirements

Before entering into an information exchange pursuant to subsection (a), the Commissioner shall publish in the Federal Register a notice describing the information exchange and the extent to which the information received through such exchange is—

(1)relevant and necessary to—

(A)accurately determine entitlement to, and the amount of, benefits described under subparagraph (A) of subsection (a)(1);

(B)accurately determine eligibility for, and the amount of, benefits described in subparagraph (B) of such subsection; and

(C)prevent improper payment of such benefits; and

(2)sufficiently accurate, up-to-date, and complete.

(c)Definitions

For purposes of this section: (1) Payroll data provider

(2)Information exchange

The term “information exchange” means the automated comparison of a system of records maintained by the Commissioner of Social Security with records maintained by a payroll data provider.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective one year after Nov. 2, 2015, see section 824(e) of Pub. L. 114–74, set out as an

Effective Date

of 2015 Amendment note under section 425 of this title.

Regulations

Pub. L. 114–74, title VIII, § 824(d), Nov. 2, 2015, 129 Stat. 610, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 2, 2015], the Commissioner of Social Security shall prescribe by regulation procedures for implementing the Commissioner’s access to and use of information held by payroll providers, including— “(1) guidelines for establishing and maintaining information exchanges with payroll providers, pursuant to section 1184 of the Social Security Act [42 U.S.C. 1320e–3]; “(2) beneficiary authorizations; “(3) reduced wage reporting responsibilities for individuals who authorize the Commissioner to access information held by payroll data providers through an information exchange; and “(4) procedures for notifying individuals in writing when they become subject to such reduced wage reporting requirements and when such reduced wage reporting requirements no longer apply to them.”

§1320e–3 Information Exchange with Payroll Data Providers

Summary

Title 42, §1320e–3

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Citations & Metadata