80_FR_77809 80 FR 77569 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

80 FR 77569 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range77569-77570
FR Document2015-31568

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 January 2016. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC. As discussed below, PBGC will publish a separate final rule document dealing with interest assumptions under its regulation on Allocation of Assets in Single- Employer Plans for the first quarter of 2016.

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77569-77570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31568]


=======================================================================
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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 January 2016. The interest assumptions are used 
for paying benefits under terminating single-employer plans covered by 
the pension insurance system administered by PBGC. As discussed below, 
PBGC will publish a separate final rule document dealing with interest 
assumptions under its regulation on Allocation of Assets in Single-
Employer Plans for the first quarter of 2016.

DATES: Effective January 1, 2016.

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 January 2016.\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.
---------------------------------------------------------------------------

    PBGC normally updates the assumptions under the benefit payments 
regulation for January at the same time as PBGC updates assumptions for 
the first quarter of the year under its regulation on Allocation of 
Assets in Single-Employer Plans (29 CFR part 4044) in a single 
rulemaking document. Because of delays in obtaining data used in 
setting assumptions under Part 4044 for the first quarter of 2016, PBGC 
is publishing two separate rulemaking documents to update the benefit 
payments regulation for January 2016 and the allocation regulation for 
the first quarter of 2016.
    The January 2016 interest assumptions under the benefit payments 
regulation will be 1.25 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 status. In comparison with the interest 
assumptions in effect for December 2015, these interest assumptions are 
unchanged.
    PBGC has determined that notice and public comment on this 
amendment are

[[Page 77570]]

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 January 2016, 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 267, 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                                    Deferred annuities (percent)
                                                     date               Immediate  ---------------------------------------------------------------------
                Rate set                 ---------------------------- annuity rate
                                           On or after     Before       (percent)        i1            i2            i3            n1            n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
267.....................................       1-1-16        2-1-16          1.25          4.00          4.00          4.00             7             8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 267, 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                                    Deferred annuities (percent)
                                                     date               Immediate  ---------------------------------------------------------------------
                Rate set                 ---------------------------- annuity rate
                                           On or after     Before       (percent)        i1            i2            i3            n1            n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
267.....................................       1-1-16        2-1-16          1.25          4.00          4.00          4.00             7             8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 9th day of December, 2015.
Judith Starr,
General Counsel, Pension Benefit Guaranty Corporation.
[FR Doc. 2015-31568 Filed 12-14-15; 8:45 am]
BILLING CODE 7709-02-P



                                                                                                                                                                                                         77569

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 80, No. 240

                                                                                                                                                                Tuesday, December 15, 2015



                                                  This section of the FEDERAL REGISTER                    Correction                                            assumptions—including interest
                                                  contains regulatory documents having general
                                                                                                            In the Federal Register of December 1,              assumptions—for paying plan benefits
                                                  applicability and legal effect, most of which                                                                 under terminating single-employer
                                                  are keyed to and codified in the Code of                2015 (80 FR 74985), on page 74985, in
                                                                                                          the second column, the agency title                   plans covered by title IV of the
                                                  Federal Regulations, which is published under                                                                 Employee Retirement Income Security
                                                  50 titles pursuant to 44 U.S.C. 1510.                   should have been followed by the RIN
                                                                                                          0648–BD18.                                            Act of 1974. The interest assumptions in
                                                  The Code of Federal Regulations is sold by                                                                    the regulation are also published on
                                                                                                            Authority: 16 U.S.C. 1431 et seq.; 16 U.S.C.        PBGC’s Web site (http://www.pbgc.gov).
                                                  the Superintendent of Documents. Prices of
                                                                                                          470.                                                     PBGC uses the interest assumptions in
                                                  new books are listed in the first FEDERAL
                                                  REGISTER issue of each week.                              Dated: December 3, 2015.                            Appendix B to Part 4022 to determine
                                                                                                          John Armor,                                           whether a benefit is payable as a lump
                                                                                                          Acting Director for the Office of National            sum and to determine the amount to
                                                  DEPARTMENT OF COMMERCE                                  Marine Sanctuaries.                                   pay. Appendix C to Part 4022 contains
                                                                                                          [FR Doc. 2015–31494 Filed 12–14–15; 8:45 am]          interest assumptions for private-sector
                                                  National Oceanic and Atmospheric                                                                              pension practitioners to refer to if they
                                                                                                          BILLING CODE 3510–NK–P
                                                  Administration                                                                                                wish to use lump-sum interest rates
                                                                                                                                                                determined using PBGC’s historical
                                                  15 CFR Part 922                                                                                               methodology. Currently, the rates in
                                                                                                          PENSION BENEFIT GUARANTY
                                                                                                                                                                Appendices B and C of the benefit
                                                  [Docket No. 130405335–5999–03]                          CORPORATION
                                                                                                                                                                payment regulation are the same.
                                                                                                          29 CFR Part 4022                                         The interest assumptions are intended
                                                  RIN 0648–BD18                                                                                                 to reflect current conditions in the
                                                                                                          Benefits Payable in Terminated Single-                financial and annuity markets.
                                                  Notice of Delay of Discharge                            Employer Plans; Interest Assumptions                  Assumptions under the benefit
                                                  Requirements for U.S. Coast Guard                       for Paying Benefits                                   payments regulation are updated
                                                  Activities in Greater Farallones and                                                                          monthly. This final rule updates the
                                                  Cordell Bank National Marine                            AGENCY:  Pension Benefit Guaranty                     benefit payments interest assumptions
                                                  Sanctuaries; Correction                                 Corporation.                                          for January 2016.1
                                                                                                          ACTION: Final rule.                                      PBGC normally updates the
                                                  AGENCY:  Office of National Marine                                                                            assumptions under the benefit payments
                                                  Sanctuaries (ONMS), National Ocean                      SUMMARY:   This final rule amends the                 regulation for January at the same time
                                                  Service (NOS), National Oceanic and                     Pension Benefit Guaranty Corporation’s                as PBGC updates assumptions for the
                                                  Atmospheric Administration (NOAA),                      regulation on Benefits Payable in                     first quarter of the year under its
                                                  Department of Commerce (DOC).                           Terminated Single-Employer Plans to                   regulation on Allocation of Assets in
                                                  ACTION: Final rule; delay of effectiveness              prescribe interest assumptions under                  Single-Employer Plans (29 CFR part
                                                  for discharge requirements with regard                  the regulation for valuation dates in                 4044) in a single rulemaking document.
                                                  to Coast Guard activities; correction.                  January 2016. The interest assumptions                Because of delays in obtaining data used
                                                                                                          are used for paying benefits under                    in setting assumptions under Part 4044
                                                  SUMMARY:  The National Oceanic and                      terminating single-employer plans                     for the first quarter of 2016, PBGC is
                                                  Atmospheric Administration (NOAA)                       covered by the pension insurance                      publishing two separate rulemaking
                                                  published a document in the Federal                     system administered by PBGC. As                       documents to update the benefit
                                                  Register of December 1, 2015                            discussed below, PBGC will publish a                  payments regulation for January 2016
                                                  concerning the postponement of the                      separate final rule document dealing                  and the allocation regulation for the first
                                                  discharge requirements for U.S. Coast                   with interest assumptions under its                   quarter of 2016.
                                                  Guard activities for another 6 months to                regulation on Allocation of Assets in                    The January 2016 interest
                                                  provide adequate time for completion of                 Single-Employer Plans for the first                   assumptions under the benefit payments
                                                  an environmental assessment, and                        quarter of 2016.                                      regulation will be 1.25 percent for the
                                                  subsequent rulemaking, as appropriate.                                                                        period during which a benefit is in pay
                                                                                                          DATES: Effective January 1, 2016.
                                                  That document was missing the                                                                                 status and 4.00 percent during any years
                                                  associated Rule Identification Number                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                preceding the benefit’s placement in pay
                                                  (RIN).                                                  Catherine B. Klion (Klion.Catherine@
                                                                                                                                                                status. In comparison with the interest
                                                                                                          pbgc.gov), Assistant General Counsel for
                                                  DATES:   Effective on December 15, 2015.                                                                      assumptions in effect for December
                                                                                                          Regulatory Affairs, Pension Benefit
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              2015, these interest assumptions are
                                                                                                          Guaranty Corporation, 1200 K Street
                                                  Maria Brown, Greater Farallones                                                                               unchanged.
                                                                                                          NW., Washington, DC 20005, 202–326–                      PBGC has determined that notice and
                                                  National Marine Sanctuary
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          4024. (TTY/TDD users may call the                     public comment on this amendment are
                                                  Superintendent, at Maria.Brown@                         Federal relay service toll-free at 1–800–
                                                  noaa.gov or 415–561–6622; or Dan                        877–8339 and ask to be connected to                     1 Appendix B to PBGC’s regulation on Allocation
                                                  Howard, Cordell Bank National Marine                    202–326–4024.)                                        of Assets in Single-Employer Plans (29 CFR part
                                                  Sanctuary Superintendent, at                            SUPPLEMENTARY INFORMATION: PBGC’s                     4044) prescribes interest assumptions for valuing
                                                  Dan.Howard@noaa.gov or 415–464–                         regulation on Benefits Payable in                     benefits under terminating covered single-employer
                                                  5260.                                                                                                         plans for purposes of allocation of assets under
                                                                                                          Terminated Single-Employer Plans (29                  ERISA section 4044. Those assumptions are
                                                  SUPPLEMENTARY INFORMATION:                              CFR part 4022) prescribes actuarial                   updated quarterly.



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                                                  77570                Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations

                                                  impracticable and contrary to the public                            PBGC has determined that this action                         PART 4022—BENEFITS PAYABLE IN
                                                  interest. This finding is based on the                           is not a ‘‘significant regulatory action’’                      TERMINATED SINGLE-EMPLOYER
                                                  need to determine and issue new                                  under the criteria set forth in Executive                       PLANS
                                                  interest assumptions promptly so that                            Order 12866.
                                                  the assumptions can reflect current                                 Because no general notice of proposed                        ■ 1. The authority citation for part 4022
                                                  market conditions as accurately as                               rulemaking is required for this                                 continues to read as follows:
                                                  possible.                                                        amendment, the Regulatory Flexibility                             Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                                                                                   Act of 1980 does not apply. See 5 U.S.C.                        1341(c)(3)(D), and 1344.
                                                     Because of the need to provide                                601(2).
                                                  immediate guidance for the payment of                                                                                            ■ 2. In appendix B to part 4022, Rate Set
                                                  benefits under plans with valuation                              List of Subjects in 29 CFR Part 4022
                                                                                                                                                                                   267, as set forth below, is added to the
                                                  dates during January 2016, PBGC finds                              Employee benefit plans, Pension                               table.
                                                  that good cause exists for making the                            insurance, Pensions, Reporting and
                                                  assumptions set forth in this                                    recordkeeping requirements.                                     Appendix B to Part 4022—Lump Sum
                                                  amendment effective less than 30 days                              In consideration of the foregoing, 29                         Interest Rates For PBGC Payments
                                                  after publication.                                               CFR part 4022 is amended as follows:                            *     *         *       *   *

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


                                                             *                               *                      *                             *                      *                             *             *
                                                  267 ....................................       1–1–16         2–1–16                 1.25               4.00           4.00                4.00              7         8



                                                  ■ 3. In appendix C to part 4022, Rate Set                        Appendix C to Part 4022—Lump Sum
                                                  267, 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


                                                               *                             *                         *                          *                       *                            *             *

                                                  267 ....................................       1–1–16         2–1–16                 1.25               4.00           4.00                4.00              7         8



                                                    Issued in Washington, DC, on this 9th day                      the vicinity of the Garden State Parkway                        ADDRESSES:   To view documents
                                                  of December, 2015.                                               Bridge in Somers Point, NJ. Due to the                          mentioned in this preamble as being
                                                  Judith Starr,                                                    severe weather felt in the Mid-Atlantic                         available in the docket, go to http://
                                                  General Counsel, Pension Benefit Guaranty                        region in the past month the project has                        www.regulations.gov, type USCG–2015–
                                                  Corporation.                                                     been delayed by a number of weeks and                           1031 in the ‘‘SEARCH’’ box and click
                                                  [FR Doc. 2015–31568 Filed 12–14–15; 8:45 am]                     more time is needed to complete the                             ‘‘SEARCH.’’ Click on Open Docket
                                                  BILLING CODE 7709–02–P                                           critical repairs for the Garden State                           Folder on the line associated with this
                                                                                                                   Parkway Bridge. The safety zone will                            rule.
                                                                                                                   continue to restrict vessel traffic on a                        FOR FURTHER INFORMATION CONTACT:     If
                                                  DEPARTMENT OF HOMELAND                                           portion of the Great Egg Harbor Bay                             you have questions on this rule, call or
                                                  SECURITY                                                         while critical girder erection work is                          email Lieutenant Brennan Dougherty,
                                                                                                                   being conducted as part of the                                  U.S. Coast Guard, Sector Delaware Bay,
                                                  Coast Guard
                                                                                                                   rehabilitation project of the main                              Chief Waterways Management Division,
                                                  33 CFR Part 165                                                  navigational channel section of the                             Coast Guard; telephone (215) 271–4851,
                                                                                                                   bridge. This extension of the temporary                         email Brennan.P.Dougherty@uscg.mil.
                                                  [Docket Number USCG–2015–1031]                                   safety zone is necessary to protect the                         SUPPLEMENTARY INFORMATION:
                                                  RIN 1625–AA00                                                    surrounding public and vessels from the
                                                                                                                   hazards associated with the bridge                              I. Table of Abbreviations
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Safety Zone, Great Egg Harbor Bay;                               construction operations.
                                                  Somers Point, NJ                                                                                                                 CFR Code of Federal Regulations
                                                                                                                   DATES:  This rule is effective without                          DHS Department of Homeland Security
                                                  AGENCY:       Coast Guard, DHS.                                  actual notice from December 15, 2015                            E.O. Executive order
                                                  ACTION:      Temporary final rule.                               through December 31, 2015. For                                  FR Federal Register
                                                                                                                   purposes of enforcement, actual notice                          Pub. L. Public Law
                                                  SUMMARY:   The Coast Guard is extending                                                                                          § Section
                                                                                                                   will be used from October 5, 2015
                                                  the dates for a temporary safety zone on                                                                                         U.S.C. United States Code
                                                  the waters of Great Egg Harbor Bay in                            through December 15, 2015.                                      COTP Captain of the Port



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Document Created: 2018-03-02 09:15:44
Document Modified: 2018-03-02 09:15:44
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 January 1, 2016.
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 77569 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

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