HomeMy WebLinkAboutR-1997-072 Suspension of SSI to Jail InmatesRESOLUTION NO. R-97-72
A RESOLUTION authorizing the City Manager and the City Clerk to execute an
Agreement and Addendums between the City of Yakima and the
Social Security Administration for purposes of the City receiving
incentive pay for providing certain information to the Social Security
Administration.
WHEREAS, under Section 1611(e)(1) of the Social Security Act, the Social
Security Administration ("SSA") is authorized to pay the City for information that
results in the suspension of payments to jail inmates who would otherwise receive
Supplemental Security Income payments; and
WHEREAS. before the SSA will make said payments, the SSA requires that the
City execute the attached Agreement and Addendums with the SSA; and
WHEREAS, the City desires to receive said payments from the SSA; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to receive these payments and execute the attached Agreement and
Addendums with the SSA, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to
execute the attached and incorporated "Agreement between the Social Security
Administration and the City of Yakima" and corresponding Addendums. The final
Agreement and Addendums shall be approved as to form by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 20th day of
1997.
ATTEST:
City Clerk
May
ynn Buchanan, Mayor
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AGREEMENT BETWEEN
THE SOCIAL SECURITY ADMINISTRATION
AND THE
City Of Yakima, A Washington State Municipal Corporation
Article I, Lecral Authority
This agreement and any accompanying addenda set forth the terms
under which the City of Yakima hereinafter referred to as the
"City", agrees to furnish information to the Social Security
Administration, hereinafter referred to as SSA, pursuant to
sections 202 (x) (1) , 202 (x) (3) , 1611 (e) (1) (A) , and 1631(f) of the
Social Security Act (Act), 42 U.S.C. §§ 402(x)(1), 402(x)(3),
1382(e)(1)(A), and 1383(f). These statutory provisions: prevent
SSA from paying benefits to any individual for any month during
which such individual is confined to a jail, prison or other penal
institution or correctional facility pursuant to his or her
conviction of an offense which is punishable by confinement for
more than 1 year, regardless of the actual sentence imposed (title
II of the Act); prevent SSA from paying benefits to certain other
individuals for any month during which such individuals are
confined by court order at public expense in connection with such
an offense (title II of the Act), or require nonpayment of
benefits to any individual for any month throughout which the
individual is confined in a public institution (title XVI of the
Act). Further, the agreement sets forth the responsibilities of
SSA and the "City" under the Privacy Act of 1974, as amended by
the Computer Matching and Privacy Protection Act of 1988, with
respect to information obtained pursuant to the agreement, and
takes into account SSA's responsibilities under section 1106 of
the Act.
SSA will also use the information provided by the "City" under
authority of sections 205(j)(1)(A), 205 (j)(5), 1631(a)(2)(A)(iii)
and 1631(a)(2)(E) of the Act, which require SSA to revoke
certification for payment of benefits to representative payees
under certain circumstances and investigate and monitor the
performance of such representative payees. (See also 20 C.F.R.
404.2050; 416.655). The incarceration or confinement of a
representative payee is a circumstance which SSA will consider
under the above referenced representative payee provisions.
The agreement also sets forth the responsibilities of SSA and the
"City" with respect to information obtained pursuant to the
agreement. This agreement and any accompanying addenda supersede
any similar agreement entered into previously under the above-
cited statutory provisions by the "City" and SSA concerning
computerized records of confined individuals or inmates of public
institutions.
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Article II, Purpose
The purpose of the agreement is to establish conditions for a
matching operation which will identify individuals described in
this agreement and any addenda to this agreement who:
o Are subject to the title II benefit nonpayment provisions in
section 202(x)(1) of the Act affecting prisoners and certain
other individuals in the old -age, survivors and disability
insurance programs administered by SSA, and/or
o Are subject to the title XVI supplemental security income
(SSI) eligibility restrictions in section 1611(e)(1)(A) of the
Act applicable to individuals in public institutions under the
SSI program which provides payments to aged, blind and
disabled recipients with income and resources at or below
levels established by law and regulations, and/or
o Are subject to the above provisions of the Act applicable to
individuals serving as representative payees on behalf of
other entitled beneficiaries.
As the recipient agency using the match results in its programs,
SSA will publish in the Federal Register the notice of this
matching program, as required by the Privacy Act.
The main body of this agreement by itself applies only to prisoners
covered by section 202(x)(1)(A)(1); i.e, individuals confined
pursuant to a conviction for an offense punishable by imprisonment
for more than 1 year and any affected individuals covered by the
above -referenced representative payee provisions. Separate addenda
are attached to include within the terms of this agreement any
other confined individuals covered by provisions of section
202(x)(1)(A)(ii) and individuals who are residing in public
institutions and are covered by section 1611(e)(1)(A).
The "City" component responsible for the activity covered by this
agreement is the Yakima Police Department Detention Facility.
The responsible SSA component is the Office of Program Benefits
Policy. SSA contact persons for specific agreement activities are
described in article XV of this agreement.
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Article III, Definitions
A. "Source Jurisdiction" means the agency disclosing records to be
used in this matching program.
B. "Disclosure" means the release of information (data) with or
without the consent of the individual(s) to whom the
information pertains.
C. "Incarcerated Individuals" are individuals who are under a
sentence of confinement, pursuant to conviction of an offense
punishable by imprisonment for more than 1 year (regardless of
the actual sentence imposed), to a jail, prison or other penal
institution or correctional facility, including any facility
which is under the control and jurisdiction of the agency in
charge of the penal system or any facility in which convicted
criminals can be incarcerated.
D. "Confinement", for purposes of individuals whose records are
covered by this agreement, refers to incarceration in a jail,
prison or other penal institution or correctional facility
pursuant to conviction for an offense punishable by
imprisonment for more than 1 year (an expanded definition
pertaining to additional confined persons may be included in
addenda, if any, to this basic agreement).
An individual may be considered confined even though he/she is
temporarily or intermittently outside of that facility; e.g.,
on work release, attending school, hospitalized. However, such
an individual is not considered confined during any month
throughout which the individual is residing outside such
institution at no expense (other than the cost of monitoring)
to the institution or the penal system or to any agency to
which the penal system has transferred jurisdiction over the
individual.
E. "SSN" means Social Security number.
F. "Recipient Agency" means the agency receiving records from a
Source Jurisdiction for use in a matching program.
G. "Record" means any item, collection or grouping of information
about an individual that is maintained by an entity including,
but not limited to, the individual's criminal history, name,
Social Security number, date of birth, gender, dates of
confinement, place of confinement and prisoner status.
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Article IV, Description of Records to be Matched
A. General
o The Source Jurisdiction will identify incarcerated
individuals (and individuals described in any addenda to
this agreement) for SSA;
o SSA will determine which of these individuals are receiving
Social Security benefits and/or SSI payments or are serving
as representative payees for benefit recipients.
B. Source Jurisdiction Records
o These records are compiled from Yakima Police Department
Detention Facility Records System.
o The content of the records is described in article VI.
o All records will be prepared and transmitted as prescribed
in article VI with clear identification of the record
source.
C. SSA Records
The incoming prisoner records will be matched with data from
these SSA systems of records: The Master Beneficiary Record
(MBR) HHS/SSA/OSR 09-60-0090, the Supplemental Security Income
Record (SSR) HHS/SSA/OSR 09-60-0103, and the Master Files of
Social Security Number Holders and SSN Applications
HHS/SSA/OSR 09-60-0058 (Alphident) and the Master
Representative Payee File (MRPF) HHS/SSA/ORSI 09-60-0222.
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Article V, Justification and Anticipated Results
of the Matching Program
This matching activity is necessary as the Social Security Act
requires non-payment of benefits to certain individuals affected by
this matching program. Matching is believed to be the most
efficient and comprehensive method of collecting and comparing this
information. Computer matching is also believed to be the most
efficient means of accomplishing this. There is no other
administrative activity that could be employed to accomplish the
same purpose with the same degree of efficiency.
SSA expects to save approximately 20 million dollars nationally
over the period of 18 months by performing the matching program.
Based on experience with previous matches conducted for the same
purpose, SSA estimates that its national costs for this program
will be 2 milion dollars. The Source Jurisdiction does not expect
any savings to result from the program. The Source Jurisdiction's
estimated costs are $250.00.
Article VI, Functions to be Performed
A. The Source Jurisdiction agrees to furnish SSA with an
electronic file/record containing data on incarcerated
individuals as defined in article III (and other individuals
described in any addenda to this basic agreement). These data
are to be submitted monthly (insert time frame, monthly
reporting preferred) showing the individuals admitted during
the reporting period. The data are to be submitted to SSA as
soon as possible after the end of the reporting period taking
into account the time needed to have the required data elements
entered into the prisoner data base.
1. Volume of Records to be Matched
The Source Jurisdiction will provide identifying
information on approximately 120 incarcerated individuals
(and individuals described in any addenda to this
agreement) within its jurisdiction.
2. Accuracy of Records to be Matched
Source Jurisdiction Records:
The Source Jurisdiction estimates that about 80 percent of
the names and SSNs that it will provide to SSA will be
accurate. This estimate is based on
past experience. The names and SSNs will be obtained from
Yakima Police Department Detention Facility Records
System.
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SSA Records:
Based on internal consistency checks and SSN/name
verification procedures before a payment record is created,
SSA estimates that at least 99 percent of the name and SSN
information on the MBR and the SSR is accurate.
3. SSA Data Elements to be Matched
o MBR:The individual's SSN and payment status;
o SSR: The individual's SSN, confinement, and payment
status
o Alphident: The individual's name, date of birth and
gender.
NOTE:Before the match is conducted in SSA's central office,
the incoming SSNs will be verified using the
Enumeration Verification System (EVS), and only SSNs
considered verified will be used in the match. The
EVS is described in the attached EVS User's Package
for Prison Systems.
Alphident Use
The Alphident file is used under this agreement to locate
individuals in SSA's records where a prison system has
indicated to SSA that one or more individuals is/are
incarcerated, and has either failed to provide an SSN for
the named individual(s) or provided the wrong SSN. The
Alphident allows SSA to locate the SSN by utilizing all
electronic systems currently available.
The name and date of birth codes provided by the prison
system are matched against SSA's Alphident file. Where
both of these codes match similar codes on only one record
in SSA's file, SSA assumes that the SSN which SSA has in
its file associates with the matched name and date of birth
belonging to the person named in the prison system's files.
SSA then treats the individual whose SSN was generated
through the Alphident as it does individuals whose SSN was
provided by the prison and matched SSA's records. That is,
SSA follows the procedures detailed in the matching
agreement for information resulting from a match before
adjusting an individual's title II or title XVI benefits.
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In addition to the above process, SSA uses a second process
to locate SSNs in circumstances where none of the records
on SSA's file match both the name and date of birth given
for an individual on the prison system's file. If a single
SSN is located for an individual whose name in SSA's
records matches the name given in a prison system's files,
SSA assumes that the SSN associated with the matching
record belongs to the person named in the prison system's
files despite the inconsistent dates of birth. SSA then
considers this a matched item and follows the procedures
detailed in the matching agreement before adjusting title
II or title XVI benefits.
B. The Source Jurisdiction agrees to provide the following data
elements for each incarcerated individual:
o Name (if there is more than one name per individual, make a
separate entry for each name)
o SSN
o Date of Birth
o Gender
o Dates of Confinement
o Place of Confinement (i.e., provide SSA with the address(es)
of prison(s) where the prisoner(s) can be located, or use
SSA's four -character, alphanumeric correctional facility
address codes as the prisoner location code, or any codes
agreed upon by SSA and the City of Yakima)
o Status - incarcerated individual, certain other individual
confined in an institution at public expense, or other
confined individual (NOTE: This element is requested for all
individuals described in the basic agreement and any addenda
required.)
o Any and all other data elements or combinations thereof as
specified by SSA and found in the most current EVS package.
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C. The Source Jurisdiction agrees to send the records to one of the
following addresses.
In sending electronic files to SSA, the address is:
Tape Operations Section
Attention: Outside Agency
National Computer Center, SSA
6201 Security Blvd.
Baltimore, MD 21235
In sending disk records to SSA, the address is:
SSA, DOS, DES
Metro West Bldg.
P.O. Box 1600
Baltimore, MD 21201
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Article VII, Records Usage, Duplication
and Redisclosure Restrictions
SSA agrees to the following limitations on the use of the incoming
electronic files, the data contained therein and the records
generated by the match:
A. That the Source Jurisdiction file and the records created by
the match will be used and accessed only for the purposes
stated in this agreement.
B. That the Source Jurisdiction file and the records created by
the match will not be duplicated or disseminated within or
outside SSA other than redisclosures under conditions set
forth in item F of this article to other Federal agencies
which are required by law to have this same information.
C. That the Source Jurisdiction file and the records created by
the match will be provided adequate security as agreed upon.
D. Not to create a separate file or system which consists of
information concerning only those individuals who are
involved in the specific matching program.
E. Not to use the Source Jurisdiction to extract information
about nonmatched individuals for any purpose.
F. To the extent that SSA wishes to redisclose any information
provided by the Source Jurisdiction or generated by this
match to other Federal agencies which are required by law to
have this same information, such redisclosure shall be
subject to the requirements of the Privacy Act, as amended,
wherever applicable. Records generated by this matching
agreement shall be redisclosed to the Health Care Financing
Administration, Railroad Retirement Board, Department of
Labor, the Department of Veterans Affairs and the Office of
Child Support Enforcement. No other such redisclosure
arrangements shall be implemented without prior notice to the
Source Jurisdiction and written permission of the Source
Jurisdiction. Such permission shall not be given unless the
redisclosure is required by law or essential to the conduct
of this matching program.
G. The Source Jurisdiction matching files remain the property of
the City of Yakima and will be returned or destroyed when the
necessary matching activity under the agreement has been
completed as provided in article VIII below.
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Article VIII, Procedures for Retention and Timely
Destruction of Identifiable Records
SSA agrees to follow these procedures for the retention and timely
destruction of identifiable records:
A. With regard to records which the Source Jurisdiction does not
wish returned, SSA will retain all identifiable records
received or generated for the period of time required for any
processing related to the matching program and will then
destroy the records by heat and/or demagnetization within 12
months, unless the information has to be retained in individual
claims files in order to meet evidentiary requirements. In the
latter instance, SSA will retire identifiable records in
accordance with the Federal Records Retention Schedule (44
U.S.C. 3303a).
B. When data are received on electronic files, SSA will return the
files to the source within 12 months. If the Source
Jurisdiction does not wish the files returned, SSA will destroy
such electronic files by demagnetization and heat, as indicated
above, within the same 12 month period. These same procedures
pertain to disk records.
Article IX, Notice, Verification, and Opportunity
to Contest Match Data
SSA agrees:
A. To notify all individuals who apply for benefits that
information obtained through matching programs may be used by
SSA in determining eligibility for benefits.
B. To provide notices to all beneficiaries describing SSA's
matching activities following Office of Management and Budget
guidelines. In addition to the specific notice of this
matching program, to be published in the Federal Register by
SSA, SSA's notice consists of a general notice in the Federal
Register and periodic mailing to all beneficiaries/
recipients describing SSA's matching activities.
C. To verify information obtained under this agreement prior to
initiating any adverse action against an affected beneficiary.
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D. That before taking any adverse actions based on the information
received from a match obtained under this agreement, SSA will
confirm, through its standard verification procedures (e.g.,
examining SSA claims folder(s) and making personal contacts) in
accordance with its Program Operations Manual System, that the
SSN belongs to the individual and that the individual is
confined. In addition, SSA will provide all individuals for
whom SSA decides such adverse action is necessary with the
following information:
1. That SSA has received information which indicates that the
individual is confined under the jurisdiction of a named
prison system or is an inmate of a public institution
beginning (month/year).
2. For actions under section 202(x)(1), that the confinement
resulted from conviction for the commission of an offense
punishable by confinement of more than one year, regardless
of the actual sentence imposed, and for actions under section
1611(e) (1) (A) , that the individual is an inmate of a public
institution, and that benefits/payments must therefore be
suspended or stopped pursuant to applicable statutory
requirements.
3. For actions under title II, that if the individual fails to
contest the validity of the adverse information within 30
days, SSA will assume that the data is correct and will make
the necessary adjustment to the individual's payment.
Further, that the individual has 60 days after the date he or
she receives the notice to request reconsideration of the
agency's determination.
For actions under title XVI, that if the individual fails to
contest the validity of the adverse information within 10
days, SSA will assume that the data is correct and will make
the necessary adjustment to the individual's payment.
Further, that the individual has 60 days after the date he or
she receives the notice to request reconsideration of the
agency's determination.
4. SSA is responsible for determining the most suitable
representative payee to receive title II and title XVI
payments. For title II and title XVI actions under the
representative payee provisions cited in Article I of this
agreement, in addition to notices provided to any affected
Social Security beneficiary or SSI recipient, that the
representative payee receiving notice has 30 days to contest
the Agency's decision to change representative payee for the
affected beneficiary or recipient based in part on the current
payee's incarceration or confinement under applicable
provisions of the Act and regulations requiring revocation of
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certification of payment to certain representative payees and
monitoring of representative payee performance by SSA.
NOTE:SSA's final decision on the representative payee issue
does not affect the eligibility or entitlement of the
individual to the continued receipt of Social Security
benefits or supplemental security income payments. In
the event that there is any adverse effect on the
monthly benefit payments to the beneficiary or recipient
as a result of this match, if a decision is made to
change the representative payee, the beneficiary or
recipient will receive notice of the change as provided
in sections 205(j) (2) (E) (ii) and 1631(a) (2) (B) (xi) of
the Act.
Article X, Comptroller General Access
SSA and the Source Jurisdiction agree that the General Accounting
Office (Comptroller General) may have access to all SSA and City of
Yakima records as necessary in order to verify compliance with this
agreement.
Article XI, Security Procedures
The following minimum safeguards will be afforded to the data provided
by the Source Jurisdiction and the records created by the match.
A. Access to the data will be restricted to only those authorized
employees and officials who need it to perform their official
duties in connection with the intended use of the data;
B. The data will be stored in an area that is physically safe from
access by unauthorized persons during duty hours as well as
nonduty hours or when not in use;
C. The data will be transported under appropriate safeguards
consistent with the manner in which it is stored and processed;
D. The data will be processed under the immediate supervision and
control of authorized personnel in a manner which will protect
the confidentiality of the data, and in such a way that
unauthorized persons cannot retrieve the data by means of
computer, remote terminal or other means;
E. All personnel who will have access to the data will be advised of
the confidential nature of the information, the safeguards
required to protect the information, and the sanctions for
noncompliance contained in section 1106(a) of the Act and/or
other appropriate Federal statutes;
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F. SSA and the Source Jurisdiction reserve the right to make onsite
inspections or other provisions for auditing compliance with this
agreement; and
G. The Source Jurisdiction and the SSA Data Integrity Board reserve
the right to monitor compliance of systems security requirements
during the lifetime of this agreement and of any
12 -month extension of this agreement.
Article XII, Remote Terminal Access
SSA will not allow remote terminal access to any electronic files
provided under the terms of this agreement.
Article XIII, Reimbursement
The Source Jurisdiction agrees to provide the prisoner information at
no cost to SSA.
Article XIV, Term of the Agreement
This agreement and related matching activity will be effective 30 days
after notice of the matching program has been published in the Federal
Register or 40 days after submission of the model agreement upon which
this agreement is based to Congress and the Office of Management and
Budget, or after both parties to the agreement have signed the
agreement, whichever is later, and will continue for a period of 18
months from the effective date. Within 3 months prior to expiration
of this agreement (i.e., 15 to 18 months after the effective date),
the respective City of Yakima and the SSA Data Integrity Board (DIB)
may approve an extension of 1 year pursuant to 5 U.S.C. §
552a(o) (2) (D) .
In order to renew the Agreement, both SSA and the "City" must
certify in writing that:
A. The matching program will be conducted without change; and
B. The matching program has been conducted in compliance with this
original agreement.
If either party does not want to renew this agreement, it should
notify the other of its intention not to renew at least 90 days before
the end of the then -current period. This agreement may only be
changed by a written modification to this agreement which is signed by
both parties and is approved by the SSA DIB.
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This agreement may be terminated at any time with the consent of
both parties. Either party may singly terminate the agreement
upon written notice to the other party; in which case, the
termination shall be effective 90 days after the date of the
notice or at a later date specified in the notice.
Article XV, Persons to Contact
A. The SSA contact for policy questions concerning the matching
operation is William Browne, Office of Program Benefits
Policy, 3-A-25 Operations Building, 6401 Security Boulevard,
Baltimore, Maryland 21235, (410) 965-7685.
B. The SSA contact for questions concerning the matching
agreement is Tim DeHoff, Office of Program and Integrity
Reviews, 3-J-3 Annex Building, 6401 Security Boulevard,
Baltimore, Maryland 21235, (410) 965-3891. The FAx number is
(410) 966-4337
C. For technical questions concerning the computer operation
itself, the system contact is Paul Swanenburg, Chief Data
Exchange Branch, 3-L-16 Operations Building, 6401 Security
Boulevard, Baltimore, Maryland 21235, (410) 965-5454.
D. The Source Jurisdiction contact for the matching operation is:
Captain Pete Adkins
200 S. 3rd St.
Yakima, WA 98901
(509) 575-6294
Signature
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In witness whereof, the parties hereby execute this agreement.
FOR THE CCDMMISSIO ROF SOCIAL SECURITY
BY
RE.GtopAL C oM M ! 65 10NE'72--
(TITLE)
FOR THE REPORTER
THE CITY OF YAKIMA
BY
CITY MANAGER`
ATTEST:
BY ��`�t�✓�i�l�L`�ef
CITY CLEE.K
DATE -97
DATE a -q
1
ADDENDUM (Type I)
TO THE AGREEMENT BETWEEN THE SOCIAL SECURITY
ADMINISTRATION AND THE
City Of Yakima, A Washington State Municipal Corporation
This addendum to the basic agreement expands the universe of
individuals about whom the City of Yakima is capable of providing
and willing to provide information to the Social Security
Administration (SSA). The City of Yakima agrees to provide to
SSA, in addition to information outlined in the basic agreement,
information concerning other confined individuals, pursuant to
section 1611(e)(1)(A) of the Act, 42 U.S.C. § 1382(e)(1)(A). As
outlined in the basic agreement, this statutory provision requires
non-payment of benefits to an individual for any month throughout
which the individual is an inmate of a public institution
(title XVI program).
Elements regarding the relevant matching program as a whole in the
basic agreement remain in force for the expanded definition and
data records as well as for those definitions and data records
outlined in the basic agreement.
Expanded Definition
The definition of individuals to be added to the basic agreement
follows:
"Other Confined Individuals", for purposes of this agreement,
includes individuals who are confined to a jail or similar
facility throughout any month during the period covered by this
agreement. Such an individual remains confined if transferred
from one such public institution to another or if temporarily
absent from such an institution or if he or she is born in the
institution during the month and resides in the institution the
rest of the month, or resides in the institution as of the
beginning of a month and dies in the institution during the
month.
Data Elements for Other Confined Individuals
1. Name (provide all names the individual has been known to use)
2. Social Security Number (provide all numbers the individual has
been known to use)
3. Date of Birth (known or alleged)
4. Gender
5. Dates of Confinement
6. Place of Confinement (i.e., provide SSA with the address(es)
of institution(s) where the individual(s) can be located; or,
in the case of individuals who are inmates of correctional
facilities, use SSA's four -digit, alphanumeric correctional
facility address codes as the prisoner location code; or use
any code agreed upon by SSA and the City of Yakima)
7. Status - incarcerated individual, certain other individual
confined in an institution at public expense, or other
confined individual. (NOTE: This element is requested for all
individuals described in the basic agreement and any addenda
required.)
8. Any and all other data elements or combinations thereof as
specified by SSA and found in the most current EVS package.
NOTE: Before the matching program is conducted in SSA's
central office, the incoming SSNs will be verified, and
only SSNs considered verified will be used in the
matching program.
3
Signature
In witness whereof, the parties hereby execute this addendum to
the basic agreement.
FOR THE COMM S IONER •F SOCIAL SECURITY
BY�°� •/' DATE t-13 `7J
COMM tss10)Jeil--
R�C�i ®i)AtL
(TITLE)
FOR THE REPORTER
THE CITY OF YAKIMA DATE
BY
CITY MANAGER
ATTEST:
BY 111.-( L C,R.
CITY C1ERK /
CITY COrf Rik(' 7 FP
'RREsmmc 7i ilk:
ADDENDUM (Type II)
TO THE AGREEMENT BETWEEN
THE SOCIAL SECURITY ADMINISTRATION
AND THE
City Of Yakima, A Washington State Municipal Corporation
This addendum to the basic agreement expands the universe of
individuals about whom the State or local jurisdiction is capable
of providing and willing to provide information to the Social
Security Administration (SSA). The City of Yakima agrees to
provide to SSA, in addition to information outlined in the basic
agreement, information concerning certain other individuals,
pursuant to section 202(x)(1) of the Act, 42 U.S.C. § 402(x)(1).
This statutory provision prevents SSA from paying benefits to any
individual for any month during which such individual is confined
to an institution at public expense in connection with his or her
commission of a crime which carries a sentence of confinement for
more than 1 year, regardless of the actual sentence imposed (title
II program).
A definition of certain individuals who are confined at public
expense and are covered by the above-cited statutory provision is
contained in this addendum. Elements regarding the matching
program as a whole in the basic agreement remain in force for the
expanded definitions and data records as well as for those
definitions and data records outlined in the basic agreement.
Expanded Definition
The definitions for individuals to be added to the basic agreement
follow:
"Certain Other Individuals Confined at Public Expense" are
individuals confined by court order in any institution at public
expense in connection with -
(A) A verdict or finding that the individual is guilty but
insane, with respect to an offense punishable by
imprisonment for more than 1 year; or
(B) A verdict or finding that the individual is not guilty of
such an offense by reason of insanity; or
(C) A finding that the individual is incompetent to stand trial
under an allegation of such an offense; or
(D) A similar verdict or finding with respect to such an
offense based on similar factors (such as a mental disease,
a mental defect or mental incompetence).
Such an individual is considered confined until: (1) He or she is
released from the care and supervision of such institution; and
(2) Such institution ceases to meet the individual's basic living
needs.
2
Data Elements for Certain Other Individuals Confined at
Public Expense
1. Name (provide all names the individual has been known to use)
2. Social Security Number (provide all numbers the individual has
been known to use)
3. Date of Birth (known or alleged)
4. Gender
5. Dates of Confinement
6. Place of Confinement (i.e., provide SSA with the address(es)
of institution(s) where the individual(s) can be located, or
use SSA's four -digit, alphanumeric correctional facility
address codes as the prisoner location code, or any code
agreed upon by SSA and the City of Yakima)
7. Status - incarcerated individual, certain other individual
confined in an institution at public expense, or other
confined individual. (NOTE: This element is requested for all
individuals described in the basic agreement and any addenda
required.)
8. Any and all other data elements or combinations thereof as
specified by SSA and found in the most current EVS package.
NOTE: Before the matching program is conducted in SSA's
central office, the incoming SSNs will be verified, and
only SSNs considered verified will be used in the
matching program.
3
Sicinature
In witness whereof, the parties hereby execute this addendum to
the basic agreement.
FOR THE CO ISSION OF SOCIAL SECURITY
BY (AA, cE7 DATE -' 3
RL.,C2 t» -A _ GOMMt35io��2_.
(TITLE)
FOR THE REPORTER
THE CTTY OF YAKIMA
BY °, N-�;
CITY MANAGER
ATTEST:
BY \l
CI Y CLRK J
DATE (5X3 7
CITY CONTRACT
Rc UllOP
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting of - 5/20/97
ITEM TITLE: Consideration of a Resolution authorizing the City Manager and the City
Clerk to execute an Agreement and Addendum between the City of Yakima
and the Social Security Administration for purposes of the City receiving
incentive pay for providing certain information to the Social Security
Administration.
SUBMITTED BY: Chief Don Blesio
Capt. Pete Adkins
CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211
Capt. Pete Adkins - 575-6294
SUMMARY EXPLANATION: The Social Security Administration is authorized to pay the
City for information that results in suspension of payments to jail inmates receiving
Supplemental Social Security Income payments. The Social Security Administration
requires the attached agreement and addendums to be executed for the City to receive
such payments. This is a technical amendment to the agreement
adopted on April 1, 1997.
Resolution X Ordinance Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL: ��,=-�
City Manager
STAFF RECOMMENDATION: It is recommended the Council enact the resolution
authorizing amendment of this agreement.
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-72