81_FR_2098 81 FR 2088 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

81 FR 2088 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 81, Issue 10 (January 15, 2016)

Page Range2088-2089
FR Document2016-00725

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 February 2016. 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 81 Issue 10 (Friday, January 15, 2016)
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Rules and Regulations]
[Pages 2088-2089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00725]


=======================================================================
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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 February 2016. The interest assumptions are used 
for paying benefits under terminating single-employer plans covered by 
the pension insurance system administered by PBGC.

DATES: Effective February 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 February 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.
---------------------------------------------------------------------------

    The February 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 January 2016, these interest assumptions are 
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

[[Page 2089]]

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 February 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 268, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
          268            2-1-16           3-1-16             1.25             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 268, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
          268            2-1-16           3-1-16             1.25             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 11th day of January 2016.
Philip R. Hertz,
Deputy General Counsel, Pension Benefit Guaranty Corporation.
[FR Doc. 2016-00725 Filed 1-14-16; 8:45 am]
 BILLING CODE 7709-02-P



                                           2088               Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations

                                              Sections 12.104 through 12.104i also                 under section 36B of the Internal                      insurance system administered by
                                           issued under 19 U.S.C. 2612;                            Revenue Code.                                          PBGC.
                                           *     *     *    *     *                                Need for Correction                                    DATES:   Effective February 1, 2016.
                                           § 12.104g    [Amended]                                    As published, the final regulations                  FOR FURTHER INFORMATION CONTACT:
                                                                                                   (TD 9745) contains an error that may                   Catherine B. Klion (Klion.Catherine@
                                           ■  2. In § 12.104g, paragraph (a), the table                                                                   pbgc.gov), Assistant General Counsel for
                                           is amended in the entry for Italy by                    prove to be misleading and is in need
                                                                                                   of clarification.                                      Regulatory Affairs, Pension Benefit
                                           removing the reference to ‘‘CBP Dec.                                                                           Guaranty Corporation, 1200 K Street
                                           11–03’’ and adding in its place ‘‘CBP                   List of Subjects in 26 CFR Part 1                      NW., Washington, DC 20005, 202–326–
                                           Dec. 16–02’’.                                                                                                  4024. (TTY/TDD users may call the
                                                                                                     Income taxes, Reporting and
                                           R. Gil Kerlikowske,                                     recordkeeping requirements.                            Federal relay service toll-free at 1–800–
                                           Commissioner, U.S. Customs and Border                                                                          877–8339 and ask to be connected to
                                           Protection.                                             Correction of Publication                              202–326–4024.)
                                             Approved: January 12, 2016.                             Accordingly, 26 CFR part 1 is                        SUPPLEMENTARY INFORMATION: PBGC’s
                                           Timothy E. Skud,                                        corrected by making the following                      regulation on Benefits Payable in
                                           Deputy Assistant Secretary of the Treasury.             correcting amendment:                                  Terminated Single-Employer Plans (29
                                           [FR Doc. 2016–00735 Filed 1–14–16; 8:45 am]                                                                    CFR part 4022) prescribes actuarial
                                                                                                   PART 1—INCOME TAXES                                    assumptions—including interest
                                           BILLING CODE 9111–14–P
                                                                                                   ■ Paragraph 1. The authority citation                  assumptions—for paying plan benefits
                                                                                                   for part 1 continues to read in part as                under terminating single-employer
                                                                                                   follows:                                               plans covered by title IV of the
                                           DEPARTMENT OF THE TREASURY
                                                                                                                                                          Employee Retirement Income Security
                                                                                                       Authority: 26 U.S.C. 7805 * * *                    Act of 1974. The interest assumptions in
                                           Internal Revenue Service
                                                                                                   ■ Par. 2. Section 1.36B–3 is amended by                the regulation are also published on
                                           26 CFR Part 1                                           revising paragraph (d)(2)(i)(A) to read as             PBGC’s Web site (http://www.pbgc.gov).
                                                                                                   follows:                                                  PBGC uses the interest assumptions in
                                           [TD 9745]                                                                                                      Appendix B to Part 4022 to determine
                                           RIN 1545–BL43                                           § 1.36B–3 Computing the premium                        whether a benefit is payable as a lump
                                                                                                   assistance credit amount.                              sum and to determine the amount to
                                           Minimum Value of Eligible Employer-                     *     *     *   *    *                                 pay. Appendix C to Part 4022 contains
                                           Sponsored Plans and Other Rules                           (d) * * *                                            interest assumptions for private-sector
                                           Regarding the Health Insurance                            (2) * * *                                            pension practitioners to refer to if they
                                           Premium Tax Credit; Correction                            (i) * * *                                            wish to use lump-sum interest rates
                                                                                                     (A) The enrollment premiums for the                  determined using PBGC’s historical
                                           AGENCY:  Internal Revenue Service (IRS),                month (reduced by any amounts that                     methodology. Currently, the rates in
                                           Treasury.                                               were refunded); or                                     Appendices B and C of the benefit
                                           ACTION: Final regulations; correcting                   *     *     *   *    *                                 payment regulation are the same.
                                           amendment.                                                                                                        The interest assumptions are intended
                                                                                                   Martin V. Franks,
                                           SUMMARY:   This document contains                                                                              to reflect current conditions in the
                                                                                                   Chief, Publications and Regulations Branch,            financial and annuity markets.
                                           corrections to final regulations (TD                    Legal Processing Division, Associate Chief
                                           9745) that were published in the                        Counsel, (Procedure and Administration).
                                                                                                                                                          Assumptions under the benefit
                                           Federal Register on Friday, December                                                                           payments regulation are updated
                                                                                                   [FR Doc. 2016–00701 Filed 1–14–16; 8:45 am]
                                           18, 2015 (80 FR 78971). The final                                                                              monthly. This final rule updates the
                                                                                                   BILLING CODE 4830–01–P
                                           regulations are on the health insurance                                                                        benefit payments interest assumptions
                                           premium tax credit enacted by the                                                                              for February 2016.1
                                           Patient Protection and Affordable Care                                                                            The February 2016 interest
                                                                                                   PENSION BENEFIT GUARANTY                               assumptions under the benefit payments
                                           Act and the Health Care and Education                   CORPORATION
                                           Reconciliation Act of 2010, as amended                                                                         regulation will be 1.25 percent for the
                                           by the Medicare and Medicaid                                                                                   period during which a benefit is in pay
                                                                                                   29 CFR Part 4022
                                           Extenders Act of 2010, the                                                                                     status and 4.00 percent during any years
                                           Comprehensive 1099 Taxpayer                             Benefits Payable in Terminated Single-                 preceding the benefit’s placement in pay
                                           Protection and Repayment of Exchange                    Employer Plans; Interest Assumptions                   status. In comparison with the interest
                                           Subsidy Overpayments Act of 2011, and                   for Paying Benefits                                    assumptions in effect for January 2016,
                                           the Department of Defense and Full                                                                             these interest assumptions are
                                           Year Continuing Appropriations Act,                     AGENCY:  Pension Benefit Guaranty                      unchanged.
                                           2011.                                                   Corporation.                                              PBGC has determined that notice and
                                                                                                   ACTION: Final rule.                                    public comment on this amendment are
                                           DATES: This correction is effective                                                                            impracticable and contrary to the public
                                           January 15, 2016 and applicable                         SUMMARY:   This final rule amends the                  interest. This finding is based on the
                                           December 18, 2015.                                      Pension Benefit Guaranty Corporation’s                 need to determine and issue new
                                           FOR FURTHER INFORMATION CONTACT:                        regulation on Benefits Payable in                      interest assumptions promptly so that
                                           Shareen Pflanz at (202) 317–4718 (not a                 Terminated Single-Employer Plans to
Lhorne on DSK5TPTVN1PROD with RULES




                                           toll-free number).                                      prescribe interest assumptions under                     1 Appendix B to PBGC’s regulation on Allocation

                                           SUPPLEMENTARY INFORMATION:                              the regulation for valuation dates in                  of Assets in Single-Employer Plans (29 CFR part
                                                                                                   February 2016. The interest                            4044) prescribes interest assumptions for valuing
                                           Background                                              assumptions are used for paying                        benefits under terminating covered single-employer
                                                                                                                                                          plans for purposes of allocation of assets under
                                             The final regulations (TD 9745) that                  benefits under terminating single-                     ERISA section 4044. Those assumptions are
                                           are the subject of this correction are                  employer plans covered by the pension                  updated quarterly.



                                      VerDate Sep<11>2014   15:13 Jan 14, 2016   Jkt 238001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\15JAR1.SGM   15JAR1


                                                              Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Rules and Regulations                                                     2089

                                           the assumptions can reflect current                       Because no general notice of proposed                       PART 4022—BENEFITS PAYABLE IN
                                           market conditions as accurately as                      rulemaking is required for this                               TERMINATED SINGLE-EMPLOYER
                                           possible.                                               amendment, the Regulatory Flexibility                         PLANS
                                              Because of the need to provide                       Act of 1980 does not apply. See 5 U.S.C.
                                           immediate guidance for the payment of                   601(2).                                                       ■ 1. The authority citation for part 4022
                                           benefits under plans with valuation                                                                                   continues to read as follows:
                                           dates during February 2016, PBGC finds                  List of Subjects in 29 CFR Part 4022
                                                                                                                                                                   Authority: 29 U.S.C. 1302, 1322, 1322b,
                                           that good cause exists for making the                     Employee benefit plans, Pension                             1341(c)(3)(D), and 1344.
                                           assumptions set forth in this                           insurance, Pensions, Reporting and                            ■ 2. In appendix B to part 4022, Rate Set
                                           amendment effective less than 30 days                   recordkeeping requirements.                                   268, as set forth below, is added to the
                                           after publication.                                                                                                    table.
                                              PBGC has determined that this action                   In consideration of the foregoing, 29
                                           is not a ‘‘significant regulatory action’’              CFR part 4022 is amended as follows:                          Appendix B to Part 4022—Lump Sum
                                           under the criteria set forth in Executive                                                                             Interest Rates For PBGC Payments
                                           Order 12866.                                                                                                          *      *     *       *        *

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


                                                       *                     *                         *                          *                        *                      *                *

                                                 268             2–1–16             3–1–16                 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
                                           268, 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


                                                       *                     *                         *                          *                        *                      *                *

                                                 268             2–1–16             3–1–16                 1.25                4.00                 4.00              4.00                7            8



                                             Issued in Washington, DC, on this 11th day            schedule that governs the Montlake                            deviation, call or email Mr. Steven
                                           of January 2016.                                        Bridge across the Lake Washington Ship                        Fischer, Bridge Administrator,
                                           Philip R. Hertz,                                        Canal, mile 5.2, at Seattle, WA. The                          Thirteenth Coast Guard District;
                                           Deputy General Counsel, Pension Benefit                 deviation is necessary to allow the                           telephone 206–220–7282, email d13-pf-
                                           Guaranty Corporation.                                   bridge to operate in single leaf mode                         d13bridges@uscg.mil.
                                           [FR Doc. 2016–00725 Filed 1–14–16; 8:45 am]             during day light hours, and a full
                                                                                                   closure (both bascule leafs in the closed-                    SUPPLEMENTARY INFORMATION:
                                           BILLING CODE 7709–02–P
                                                                                                   to-navigation position) during night                          Washington Department of
                                                                                                   time hours while work crews replace                           Transportation has requested a
                                           DEPARTMENT OF HOMELAND                                  bridge decking. This deviation allows a                       temporary deviation from the operating
                                           SECURITY                                                single leaf opening with a one hour                           schedule for the Montlake Bridge across
                                                                                                   advance notice during the day, and                            the Lake Washington Ship Canal, at
                                           Coast Guard                                             remains in the closed-to-navigation                           mile 5.2, at Seattle, WA. The deviation
                                                                                                   position at night.                                            is necessary to accommodate work
                                           33 CFR Part 117                                         DATES: This deviation is effective from                       crews conducting timely bridge deck
                                           [Docket No. USCG–2016–0021]                             6 a.m. on February 27, 2016 to 6 p.m.                         repairs.
                                                                                                   on February 28, 2016.                                            The Montlake Bridge in the closed
                                           Drawbridge Operation Regulation;                        ADDRESSES: The docket for this                                position provides 30 feet of vertical
                                           Lake Washington Ship Canal, Seattle,                    deviation, [USCG–2016–0021] is                                clearance throughout the navigation
                                           WA                                                      available at http://www.regulations.gov.                      channel, and 46 feet of vertical
Lhorne on DSK5TPTVN1PROD with RULES




                                           AGENCY: Coast Guard, DHS.                               Type the docket number in the                                 clearance throughout the center 60 feet
                                                                                                   ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                          of the bridge; vertical clearance
                                           ACTION:Notice of deviation from
                                                                                                   Click on Open Docket Folder on the line                       references to the Mean Water Level of
                                           drawbridge regulation.
                                                                                                   associated with this deviation.                               Lake Washington. When half the span is
                                           SUMMARY: The Coast Guard has issued a                   FOR FURTHER INFORMATION CONTACT: If                           open with a single leaf, 46 feet of
                                           temporary deviation from the operating                  you have questions on this temporary                          vertical clearance will be reduced


                                      VerDate Sep<11>2014   15:13 Jan 14, 2016   Jkt 238001   PO 00000     Frm 00023   Fmt 4700       Sfmt 4700   E:\FR\FM\15JAR1.SGM   15JAR1



Document Created: 2018-02-02 12:31:58
Document Modified: 2018-02-02 12:31:58
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 February 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 Citation81 FR 2088 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

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