80_FR_41571 80 FR 41436 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

80 FR 41436 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 80, Issue 135 (July 15, 2015)

Page Range41436-41437
FR Document2015-17376

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in August 2015. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

Federal Register, Volume 80 Issue 135 (Wednesday, July 15, 2015)
[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Rules and Regulations]
[Pages 41436-41437]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17376]


=======================================================================
-----------------------------------------------------------------------

PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4022


Benefits Payable in Terminated Single-Employer Plans; Interest 
Assumptions for Paying Benefits

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Pension Benefit Guaranty 
Corporation's regulation on Benefits Payable in Terminated Single-
Employer Plans to prescribe interest assumptions under the regulation 
for valuation dates in August 2015. The interest assumptions are used 
for paying benefits under terminating single-employer plans covered by 
the pension insurance system administered by PBGC.

DATES: Effective August 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine B. Klion 
([email protected]), Assistant General Counsel for Regulatory 
Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW., 
Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal 
relay service toll-free at 1-800-877-8339 and ask to be connected to 
202-326-4024.)

SUPPLEMENTARY INFORMATION: PBGC's regulation on Benefits Payable in 
Terminated Single-Employer Plans (29 CFR part 4022) prescribes 
actuarial assumptions--including interest assumptions--for paying plan 
benefits under terminating single-employer plans covered by title IV of 
the Employee Retirement Income Security Act of 1974. The interest 
assumptions in the regulation are also published on PBGC's Web site 
(http://www.pbgc.gov).
    PBGC uses the interest assumptions in Appendix B to Part 4022 to 
determine whether a benefit is payable as a lump sum and to determine 
the amount to pay. Appendix C to Part 4022 contains interest 
assumptions for private-sector pension practitioners to refer to if 
they wish to use lump-sum interest rates determined using PBGC's 
historical methodology. Currently, the rates in Appendices B and C of 
the benefit payment regulation are the same.
    The interest assumptions are intended to reflect current conditions 
in the financial and annuity markets. Assumptions under the benefit 
payments regulation are updated monthly. This final rule updates the 
benefit payments interest assumptions for August 2015.\1\
---------------------------------------------------------------------------

    \1\ Appendix B to PBGC's regulation on Allocation of Assets in 
Single-Employer Plans (29 CFR part 4044) prescribes interest 
assumptions for valuing benefits under terminating covered single-
employer plans for purposes of allocation of assets under ERISA 
section 4044. Those assumptions are updated quarterly.
---------------------------------------------------------------------------

    The August 2015 interest assumptions under the benefit payments 
regulation will be 1.50 percent for the period during which a benefit 
is in pay status and 4.00 percent during any years preceding the 
benefit's placement in pay

[[Page 41437]]

status. In comparison with the interest assumptions in effect for July 
2015, these interest assumptions represent an increase of 0.25 percent 
in the immediate annuity rate and are otherwise unchanged.
    PBGC has determined that notice and public comment on this 
amendment are impracticable and contrary to the public interest. This 
finding is based on the need to determine and issue new interest 
assumptions promptly so that the assumptions can reflect current market 
conditions as accurately as possible.
    Because of the need to provide immediate guidance for the payment 
of benefits under plans with valuation dates during August 2015, PBGC 
finds that good cause exists for making the assumptions set forth in 
this amendment effective less than 30 days after publication.
    PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866.
    Because no general notice of proposed rulemaking is required for 
this amendment, the Regulatory Flexibility Act of 1980 does not apply. 
See 5 U.S.C. 601(2).

List of Subjects in 29 CFR Part 4022

    Employee benefit plans, Pension insurance, Pensions, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, 29 CFR part 4022 is amended as 
follows:

PART 4022--BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS

0
1. The authority citation for part 4022 continues to read as follows:

    Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

0
2. In appendix B to part 4022, Rate Set 262, as set forth below, is 
added to the table.

Appendix B to Part 4022--Lump Sum Interest Rates for PBGC Payments

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i1               i2               i3               n1               n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          262            8-1-15           9-1-15             1.50             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 262, as set forth below, is 
added to the table.

Appendix C to Part 4022--Lump Sum Interest Rates for Private-Sector 
Payments

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i1               i2               i3               n1               n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          262            8-1-15           9-1-15             1.50             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 7th day of July 2015.
Judith Starr,
General Counsel, Pension Benefit Guaranty Corporation.
[FR Doc. 2015-17376 Filed 7-14-15; 8:45 am]
 BILLING CODE 7709-02-P



                                                41436             Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Rules and Regulations

                                                  Dated: July 8, 2015.                                      Consequently, through this document,               ACTION:   Final rule.
                                                Brent J. Fields,                                         we are amending § 161.170 by removing
                                                                                                         paragraph (a)(5)(ii)(b) entirely and                  SUMMARY:    This final rule amends the
                                                Secretary.
                                                                                                         redesignating paragraph (a)(5)(ii)(a) as              Pension Benefit Guaranty Corporation’s
                                                [FR Doc. 2015–17179 Filed 7–14–15; 8:45 am]
                                                                                                         paragraph (a)(5)(ii).                                 regulation on Benefits Payable in
                                                BILLING CODE 8011–01–P                                                                                         Terminated Single-Employer Plans to
                                                                                                            Publication of this document
                                                                                                         constitutes final action of these changes             prescribe interest assumptions under
                                                                                                         under the Administrative Procedure Act                the regulation for valuation dates in
                                                DEPARTMENT OF HEALTH AND                                 (5 U.S.C. 553). These amendments                      August 2015. The interest assumptions
                                                HUMAN SERVICES                                           eliminate an obsolete reference to a rule             are used for paying benefits under
                                                                                                         that we revoked in 1996. FDA, therefore,              terminating single-employer plans
                                                Food and Drug Administration                                                                                   covered by the pension insurance
                                                                                                         for good cause, finds under 5 U.S.C.
                                                                                                                                                               system administered by PBGC.
                                                21 CFR Part 161                                          553(b)(3)(B) and (d)(3) that notice and
                                                                                                         public comment are unnecessary.                       DATES: Effective August 1, 2015.
                                                [Docket No. FDA–2015–N–0011]                                FDA has determined, under 21 CFR                   FOR FURTHER INFORMATION CONTACT:
                                                                                                         25.30(i), that this final rule is of a type           Catherine B. Klion (Klion.Catherine@
                                                Canned Pacific Salmon; Technical                         that does not individually or                         pbgc.gov), Assistant General Counsel for
                                                Amendment                                                cumulatively have a significant effect on             Regulatory Affairs, Pension Benefit
                                                                                                         the human environment. Therefore,                     Guaranty Corporation, 1200 K Street
                                                AGENCY:    Food and Drug Administration,                                                                       NW., Washington, DC 20005, 202–326–
                                                                                                         neither an environmental assessment
                                                HHS.                                                                                                           4024. (TTY/TDD users may call the
                                                                                                         nor an environmental impact statement
                                                      Final rule; technical
                                                ACTION:                                                  is required.                                          Federal relay service toll-free at 1–800–
                                                amendment.                                                  In addition, FDA has determined that               877–8339 and ask to be connected to
                                                                                                         this final rule contains no new                       202–326–4024.)
                                                SUMMARY:  The Food and Drug                                                                                    SUPPLEMENTARY INFORMATION: PBGC’s
                                                Administration (FDA or we) is                            collections of information. Therefore,
                                                                                                         clearance by the Office of Management                 regulation on Benefits Payable in
                                                amending a regulation pertaining to                                                                            Terminated Single-Employer Plans (29
                                                canned Pacific salmon. The amendment                     and Budget under the Paperwork
                                                                                                         Reduction Act of 1995 is not required.                CFR part 4022) prescribes actuarial
                                                removes a paragraph that contains an                                                                           assumptions—including interest
                                                obsolete cross-reference.                                List of Subjects in 21 CFR Part 161                   assumptions—for paying plan benefits
                                                DATES: This rule is effective July 15,                     Food grades and standards, Frozen                   under terminating single-employer
                                                2015.                                                    foods, Seafood.                                       plans covered by title IV of the
                                                FOR FURTHER INFORMATION CONTACT:                           Therefore, under the Federal Food,                  Employee Retirement Income Security
                                                Loretta Carey, Center for Food Safety                    Drug, and Cosmetic Act and under                      Act of 1974. The interest assumptions in
                                                and Applied Nutrition (HFS–820), Food                    authority delegated to the Commissioner               the regulation are also published on
                                                and Drug Administration, 5100 Paint                      of Food and Drugs, 21 CFR part 161 is                 PBGC’s Web site (http://www.pbgc.gov).
                                                Branch Pkwy., College Park, MD 20740–                                                                             PBGC uses the interest assumptions in
                                                                                                         amended as follows:
                                                3835, 240–402–2371.                                                                                            Appendix B to Part 4022 to determine
                                                                                                         PART 161—FISH AND SHELLFISH                           whether a benefit is payable as a lump
                                                SUPPLEMENTARY INFORMATION: Our
                                                                                                                                                               sum and to determine the amount to
                                                regulations at 21 CFR part 161 (‘‘Fish                                                                         pay. Appendix C to Part 4022 contains
                                                                                                         ■ 1. The authority citation for 21 CFR
                                                and Shellfish’’) establish requirements                                                                        interest assumptions for private-sector
                                                                                                         part 161 continues to read as follows:
                                                for specific standardized fish and                                                                             pension practitioners to refer to if they
                                                shellfish. One provision, at § 161.170,                    Authority: 21 U.S.C. 321, 341, 343, 348,
                                                                                                         371, 379e.                                            wish to use lump-sum interest rates
                                                pertains to canned Pacific salmon, and                                                                         determined using PBGC’s historical
                                                § 161.170(a)(5)(ii)(b) states that when                  § 161.170    [Amended]                                methodology. Currently, the rates in
                                                the form of the pack and the words                                                                             Appendices B and C of the benefit
                                                describing the pack are declared on the                  ■ 2. Amend § 161.170 by removing
                                                                                                         paragraph (a)(5)(ii)(b) and redesignating             payment regulation are the same.
                                                label, the label must ‘‘bear the                                                                                  The interest assumptions are intended
                                                statements required by § 105.69 of this                  paragraph (a)(5)(ii)(a) as paragraph
                                                                                                         (a)(5)(ii).                                           to reflect current conditions in the
                                                chapter.’’ (The regulation, at                                                                                 financial and annuity markets.
                                                § 161.170(a)(3), describes various ‘‘forms                 Dated: July 9, 2015.                                Assumptions under the benefit
                                                of pack;’’ one form of pack, for example,                Leslie Kux,                                           payments regulation are updated
                                                is named ‘‘regular’’ and is described as                 Associate Commissioner for Policy.                    monthly. This final rule updates the
                                                where the sections or steaks are cut                     [FR Doc. 2015–17249 Filed 7–14–15; 8:45 am]           benefit payments interest assumptions
                                                transversely from the fish and filled                    BILLING CODE 4164–01–P                                for August 2015.1
                                                vertically into the can.)                                                                                         The August 2015 interest assumptions
                                                   Section 105.69 was entitled ‘‘Foods                                                                         under the benefit payments regulation
                                                used to regulate sodium intake.’’ In the                                                                       will be 1.50 percent for the period
                                                Federal Register of June 3, 1996 (61 FR                  PENSION BENEFIT GUARANTY                              during which a benefit is in pay status
                                                27771), we revoked § 105.69 as part of                   CORPORATION                                           and 4.00 percent during any years
                                                a ‘‘Reinventing Government’’ initiative,                                                                       preceding the benefit’s placement in pay
mstockstill on DSK4VPTVN1PROD with RULES




                                                and the revocation became effective on                   29 CFR Part 4022
                                                July 3, 1996 (see 61 FR 43963; August                    Benefits Payable in Terminated Single-                  1 Appendix B to PBGC’s regulation on Allocation

                                                27, 1996) (confirming the effective date                 Employer Plans; Interest Assumptions                  of Assets in Single-Employer Plans (29 CFR part
                                                for the revocation of various food                                                                             4044) prescribes interest assumptions for valuing
                                                                                                         for Paying Benefits                                   benefits under terminating covered single-employer
                                                regulations)). However, the revocation                                                                         plans for purposes of allocation of assets under
                                                inadvertently omitted a corresponding                    AGENCY: Pension Benefit Guaranty                      ERISA section 4044. Those assumptions are
                                                change to § 161.170(a)(5)(ii)(b).                        Corporation.                                          updated quarterly.



                                           VerDate Sep<11>2014   16:42 Jul 14, 2015   Jkt 235001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\15JYR1.SGM   15JYR1


                                                                  Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Rules and Regulations                                                                41437

                                                status. In comparison with the interest                      dates during August 2015, PBGC finds                                   In consideration of the foregoing, 29
                                                assumptions in effect for July 2015,                         that good cause exists for making the                                CFR part 4022 is amended as follows:
                                                these interest assumptions represent an                      assumptions set forth in this
                                                increase of 0.25 percent in the                              amendment effective less than 30 days                                PART 4022—BENEFITS PAYABLE IN
                                                immediate annuity rate and are                               after publication.                                                   TERMINATED SINGLE-EMPLOYER
                                                otherwise unchanged.                                            PBGC has determined that this action                              PLANS
                                                  PBGC has determined that notice and                        is not a ‘‘significant regulatory action’’
                                                public comment on this amendment are                         under the criteria set forth in Executive                            ■ 1. The authority citation for part 4022
                                                impracticable and contrary to the public                     Order 12866.                                                         continues to read as follows:
                                                                                                                Because no general notice of proposed
                                                interest. This finding is based on the                                                                                              Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                                                                             rulemaking is required for this                                      1341(c)(3)(D), and 1344.
                                                need to determine and issue new
                                                                                                             amendment, the Regulatory Flexibility
                                                interest assumptions promptly so that                                                                                             ■ 2. In appendix B to part 4022, Rate Set
                                                                                                             Act of 1980 does not apply. See 5 U.S.C.
                                                the assumptions can reflect current                                                                                               262, as set forth below, is added to the
                                                                                                             601(2).
                                                market conditions as accurately as                                                                                                table.
                                                possible.                                                    List of Subjects in 29 CFR Part 4022
                                                  Because of the need to provide                               Employee benefit plans, Pension                                    Appendix B to Part 4022—Lump Sum
                                                immediate guidance for the payment of                        insurance, Pensions, Reporting and                                   Interest Rates for PBGC Payments
                                                benefits under plans with valuation                          recordkeeping requirements.                                          *      *     *       *        *

                                                                     For plans with a valuation                                                                                 Deferred annuities
                                                                                                               Immediate
                                                                               date                                                                                                 (percent)
                                                    Rate set                                                  annuity rate
                                                                                                                (percent)
                                                                    On or after               Before                                             i1                   i2                 i3                n1           n2


                                                            *                         *                           *                             *                           *                      *                *
                                                      262             8–1–15                  9–1–15                   1.50                   4.00                   4.00               4.00               7            8



                                                ■ 3. In appendix C to part 4022, Rate Set                    Appendix C to Part 4022—Lump Sum
                                                262, as set forth below, is added to the                     Interest Rates for Private-Sector
                                                table.                                                       Payments
                                                                                                             *          *         *       *            *

                                                                     For plans with a valuation                                                                                 Deferred annuities
                                                                                                               Immediate
                                                                               date                                                                                                 (percent)
                                                    Rate set                                                  annuity rate
                                                                                                                (percent)
                                                                    On or after               Before                                             i1                   i2                 i3                n1           n2


                                                            *                         *                           *                             *                           *                      *                *
                                                      262             8–1–15                  9–1–15                   1.50                   4.00                   4.00               4.00               7            8



                                                  Issued in Washington, DC, on this 7th day                  SUMMARY:   The Board updates for 2015                                1% across-the-board increase to salary
                                                of July 2015.                                                the fees that the public must pay to file                            costs; no change in publication cost
                                                Judith Starr,                                                certain cases and pleadings with the                                 levels; increases to two of the three
                                                General Counsel, Pension Benefit Guaranty                    Board. The update will increase 11 fees                              Board Overhead cost factors; and a
                                                Corporation.                                                 by $50 or less, increase 34 fees by $100,                            modest decrease to the third Board
                                                [FR Doc. 2015–17376 Filed 7–14–15; 8:45 am]                  increase 22 fees by more than $100, and                              Overhead cost factor from its
                                                BILLING CODE 7709–02–P                                       keep the remaining 58 fees at their                                  comparable 2014 level, resulting from
                                                                                                             existing level.                                                      the mechanical application of the
                                                                                                             DATES: These rules are effective August                              update formula in 49 CFR 1002.3(d).
                                                                                                             14, 2015.                                                            Results from the formula application
                                                DEPARTMENT OF TRANSPORTATION                                                                                                      indicate that justified fee amounts in
                                                                                                             FOR FURTHER INFORMATION CONTACT:                                     this 2015 update decision either remain
                                                Surface Transportation Board                                 David T. Groves, (202) 245–0327, or                                  unchanged (58 fee items), increase $50
                                                                                                             Andrea Pope-Matheson (202) 245–0363.                                 or less (11 fee items), increase by $100
                                                49 CFR Part 1002                                             [TDD for the hearing impaired: 1–800–                                (34 fee items) or increase over $100 (22
                                                                                                             877–8339.]                                                           fee items) from their respective 2014
                                                [Docket No. EP 542 (Sub-No. 23)]                             SUPPLEMENTARY INFORMATION: The                                       update levels. No new fee items are
                                                                                                             Board’s regulations at 49 CFR 1002.3                                 proposed in this proceeding. Therefore,
mstockstill on DSK4VPTVN1PROD with RULES




                                                Regulations Governing Fees for                               provide for an annual update of the                                  the Board finds that notice and
                                                Services Performed in Connection                             Board’s entire user-fee schedule. Fees                               comment are unnecessary for this
                                                With Licensing and Related Services—                         are generally revised based on the cost                              proceeding. See Regulations Governing
                                                2015 Update                                                  study formula set forth at 49 CFR                                    Fees for Servs.—1990 Update, 7 I.C.C.2d
                                                AGENCY:      Surface Transportation Board.                   1002.3(d). As compared with the 2014                                 3 (1990); Regulations Governing Fees for
                                                                                                             fee update, the 2015 fee changes                                     Servs.—1991 Update, 8 I.C.C.2d 13
                                                ACTION:     Final rules.
                                                                                                             adopted here reflect a combination of a                              (1991); Regulations Governing Fees for


                                           VerDate Sep<11>2014   16:42 Jul 14, 2015       Jkt 235001   PO 00000       Frm 00029       Fmt 4700        Sfmt 4700   E:\FR\FM\15JYR1.SGM    15JYR1



Document Created: 2015-12-15 13:32:40
Document Modified: 2015-12-15 13:32:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 1, 2015.
ContactCatherine B. Klion ([email protected]), Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.)
FR Citation80 FR 41436 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR