81_FR_54078 81 FR 53921 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

81 FR 53921 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range53921-53922
FR Document2016-19295

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 September 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 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53921-53922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19295]


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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 September 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 September 1, 2016.

FOR FURTHER INFORMATION CONTACT: Deborah C. Murphy 
([email protected]), Assistant General Counsel for Regulatory 
Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW., 
Washington, DC 20005, 202-326-4400 ext. 3451. (TTY/TDD users may call 
the Federal relay service toll-free at 1-800-877-8339 and ask to be 
connected to 202-326-4400 ext. 3451.)

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 September 2016.\1\
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    \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 September 2016 interest assumptions under the benefit payments 
regulation will be 0.50 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 status. In comparison with the interest 
assumptions in effect for August 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 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 September 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 275, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          275            9-1-16          10-1-16             0.50             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 275, as set forth below, is 
added to the table.

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

* * * * *

[[Page 53922]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i1               i2               i3               n1               n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          275            9-1-16          10-1-16             0.50             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


Judith Starr,
General Counsel, Pension Benefit Guaranty Corporation.
[FR Doc. 2016-19295 Filed 8-12-16; 8:45 am]
 BILLING CODE 7709-02-P



                                                                Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations                                                       53921

                                              archaeological or ethnological material                 ask to be connected to 202–326–4400                         interest. This finding is based on the
                                              that are subject to import restrictions.                ext. 3451.)                                                 need to determine and issue new
                                                                                                      SUPPLEMENTARY INFORMATION: PBGC’s                           interest assumptions promptly so that
                                              R. Gil Kerlikowske,
                                                                                                      regulation on Benefits Payable in                           the assumptions can reflect current
                                              Commissioner, U.S. Customs and Border
                                              Protection.                                             Terminated Single-Employer Plans (29                        market conditions as accurately as
                                                                                                      CFR part 4022) prescribes actuarial                         possible.
                                                Approved: August 11, 2016.
                                                                                                      assumptions—including interest                                 Because of the need to provide
                                              Timothy E. Skud,
                                                                                                      assumptions—for paying plan benefits                        immediate guidance for the payment of
                                              Deputy Assistant Secretary of the Treasury.
                                                                                                      under terminating single-employer                           benefits under plans with valuation
                                              [FR Doc. 2016–19491 Filed 8–11–16; 4:15 pm]                                                                         dates during September 2016, PBGC
                                                                                                      plans covered by title IV of the
                                              BILLING CODE 9111–14–P                                  Employee Retirement Income Security                         finds that good cause exists for making
                                                                                                      Act of 1974. The interest assumptions in                    the assumptions set forth in this
                                                                                                      the regulation are also published on                        amendment effective less than 30 days
                                              PENSION BENEFIT GUARANTY                                PBGC’s Web site (http://www.pbgc.gov).                      after publication.
                                              CORPORATION                                                PBGC uses the interest assumptions in                       PBGC has determined that this action
                                                                                                      Appendix B to Part 4022 to determine                        is not a ‘‘significant regulatory action’’
                                              29 CFR Part 4022                                        whether a benefit is payable as a lump                      under the criteria set forth in Executive
                                              Benefits Payable in Terminated Single-                  sum and to determine the amount to                          Order 12866.
                                              Employer Plans; Interest Assumptions                    pay. Appendix C to Part 4022 contains                          Because no general notice of proposed
                                              for Paying Benefits                                     interest assumptions for private-sector                     rulemaking is required for this
                                                                                                      pension practitioners to refer to if they                   amendment, the Regulatory Flexibility
                                              AGENCY:  Pension Benefit Guaranty                       wish to use lump-sum interest rates                         Act of 1980 does not apply. See 5 U.S.C.
                                              Corporation.                                            determined using PBGC’s historical                          601(2).
                                              ACTION: Final rule.                                     methodology. Currently, the rates in
                                                                                                      Appendices B and C of the benefit                           List of Subjects in 29 CFR Part 4022
                                              SUMMARY:   This final rule amends the                   payment regulation are the same.
                                              Pension Benefit Guaranty Corporation’s                                                                                Employee benefit plans, Pension
                                                                                                         The interest assumptions are intended                    insurance, Pensions, Reporting and
                                              regulation on Benefits Payable in                       to reflect current conditions in the
                                              Terminated Single-Employer Plans to                                                                                 recordkeeping requirements.
                                                                                                      financial and annuity markets.
                                              prescribe interest assumptions under                    Assumptions under the benefit                                 In consideration of the foregoing, 29
                                              the regulation for valuation dates in                   payments regulation are updated                             CFR part 4022 is amended as follows:
                                              September 2016. The interest                            monthly. This final rule updates the
                                              assumptions are used for paying                                                                                     PART 4022—BENEFITS PAYABLE IN
                                                                                                      benefit payments interest assumptions                       TERMINATED SINGLE-EMPLOYER
                                              benefits under terminating single-                      for September 2016.1
                                              employer plans covered by the pension                                                                               PLANS
                                                                                                         The September 2016 interest
                                              insurance system administered by                        assumptions under the benefit payments
                                              PBGC.                                                                                                               ■ 1. The authority citation for part 4022
                                                                                                      regulation will be 0.50 percent for the                     continues to read as follows:
                                              DATES: Effective September 1, 2016.                     period during which a benefit is in pay
                                              FOR FURTHER INFORMATION CONTACT:                        status and 4.00 percent during any years                      Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                                                                                                                                  1341(c)(3)(D), and 1344.
                                              Deborah C. Murphy                                       preceding the benefit’s placement in pay
                                              (Murphy.Deborah@pbgc.gov), Assistant                    status. In comparison with the interest                     ■ 2. In appendix B to part 4022, Rate Set
                                              General Counsel for Regulatory Affairs,                 assumptions in effect for August 2016,                      275, as set forth below, is added to the
                                              Pension Benefit Guaranty Corporation,                   these interest assumptions are                              table.
                                              1200 K Street NW., Washington, DC                       unchanged.
                                              20005, 202–326–4400 ext. 3451. (TTY/                       PBGC has determined that notice and                      Appendix B to Part 4022—Lump Sum
                                              TDD users may call the Federal relay                    public comment on this amendment are                        Interest Rates for PBGC Payments
                                              service toll-free at 1–800–877–8339 and                 impracticable and contrary to the public                    *      *        *        *        *

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


                                                          *                     *                         *                        *                         *                         *                *
                                                    275             9–1–16            10–1–16                 0.50               4.00                4.00              4.00                    7            8


                                              ■ 3. In appendix C to part 4022, Rate Set               Appendix C to Part 4022—Lump Sum
                                              275, as set forth below, is added to the                Interest Rates for Private-Sector
                                              table.                                                  Payments
                                                                                                      *        *      *      *         *
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                                                1 Appendix B to PBGC’s regulation on Allocation
                                                                                                      benefits under terminating covered single-employer          ERISA section 4044. Those assumptions are
                                              of Assets in Single-Employer Plans (29 CFR part         plans for purposes of allocation of assets under            updated quarterly.
                                              4044) prescribes interest assumptions for valuing



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                                              53922             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations

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


                                                          *                     *                       *                       *                         *                         *           *
                                                    275             9–1–16            10–1–16               0.50              4.00                4.00              4.00                7           8



                                              Judith Starr,                                           5410.20 will be made available at http://                ‘‘SEARCH.’’ Click on Open Docket
                                              General Counsel, Pension Benefit Guaranty               www.dtic.mil/whs/directives/corres/pdf/                  Folder on the line associated with this
                                              Corporation.                                            541020p.pdf.                                             rule.
                                              [FR Doc. 2016–19295 Filed 8–12–16; 8:45 am]                                                                      FOR FURTHER INFORMATION CONTACT: If
                                                                                                      List of Subjects in 32 CFR Part 237a
                                              BILLING CODE 7709–02–P                                                                                           you have questions on this rule, call or
                                                                                                        Armed forces; Business and industry.                   email Chief Kristina Gauthier,
                                                                                                      PART 237a—[REMOVED]                                      Waterways Management, U.S. Coast
                                              DEPARTMENT OF DEFENSE                                                                                            Guard; telephone 671–355–4866, email
                                                                                                        Accordingly, by the authority of 5                     Kristina.M.Gauthier@uscg.mil.
                                              Office of the Secretary                                 U.S.C. 301, 32 CFR part 237a is                          SUPPLEMENTARY INFORMATION:
                                                                                                      removed.
                                              32 CFR Part 237a                                                                                                 I. Table of Abbreviations
                                                                                                        Dated: August 9, 2016.
                                              [Docket ID: DOD–2016–OS–0084]                           Aaron Siegel,                                            CFR Code of Federal Regulations
                                                                                                                                                               COTP Captain of the Port
                                              RIN 0790–AI94                                           Alternate OSD Federal Register Liaison                   DHS Department of Homeland Security
                                                                                                      Officer, Department of Defense.                          FR Federal Register
                                              Public Affairs Liaison With Industry                    [FR Doc. 2016–19345 Filed 8–12–16; 8:45 am]              NPRM Notice of proposed rulemaking
                                              AGENCY:  Assistant to the Secretary of                  BILLING CODE 5001–06–P                                   § Section
                                                                                                                                                               U.S.C. United States Code
                                              Defense for Public Affairs, DoD.
                                              ACTION: Final rule.                                                                                              II. Background Information and
                                                                                                      DEPARTMENT OF HOMELAND                                   Regulatory History
                                              SUMMARY:    This final rule removes                     SECURITY
                                              regulations concerning Public Affairs                                                                               The Coast Guard is issuing this
                                              liaison with industry. These Code of                    Coast Guard                                              temporary rule without prior notice and
                                              Federal Regulations (CFR) provisions                                                                             opportunity to comment pursuant to
                                              are outdated and no longer accurate or                  33 CFR Part 165                                          authority under section 4(a) of the
                                              applicable as written. The guidance, as                                                                          Administrative Procedure Act (APA) (5
                                                                                                      [Docket Number USCG–2016–0644]                           U.S.C. 553(b)). This provision
                                              revised, sets forth internal standards for
                                              how DoD employees should reach out                      RIN 1625–AA00                                            authorizes an agency to issue a rule
                                              and engage with industry. With respect                                                                           without prior notice and opportunity to
                                              to the visual information portion, it is                Safety Zone; Apra Outer Harbor, Naval                    comment when the agency for good
                                              essentially a collection and discussion                 Base Guam                                                cause finds that those procedures are
                                              of currently applicable intellectual                                                                             ‘‘impracticable, unnecessary, or contrary
                                                                                                      AGENCY:    Coast Guard, DHS.                             to the public interest.’’ Under 5 U.S.C.
                                              property law that does not create any
                                                                                                      ACTION:   Temporary final rule.                          553(b)(B), the Coast Guard finds that
                                              new public duties or obligations.
                                              Therefore, these regulations are                                                                                 good cause exists for not publishing a
                                                                                                      SUMMARY:   The Coast Guard is                            notice of proposed rulemaking (NPRM)
                                              removed from the CFR.                                   establishing a temporary safety zone for                 with respect to this rule because doing
                                              DATES: This rule is effective on August                 navigable waters of Apra Harbor, Guam                    so would be impracticable. The final
                                              15, 2016.                                               in the vicinity of San Luis Beach,                       details for this operation were not
                                              FOR FURTHER INFORMATION CONTACT:                        Sumay Cove and Commadores Cut. The                       known to the Coast Guard until there
                                              Patricia Toppings at 571–372–0485.                      safety zone is needed to protect                         was insufficient time remaining before
                                              SUPPLEMENTARY INFORMATION: This rule
                                                                                                      personnel, vessels, and the marine                       the event to publish an NPRM. Thus,
                                              will be reported in future status updates               environment from vessel operations in                    delaying the effective date of this rule to
                                              as part of DoD’s retrospective plan                     the area. Entry of vessels or persons into               wait for a comment period to run would
                                              under Executive Order 13563 completed                   this zone is prohibited unless                           be impracticable because it would
                                              in August 2011. DoD’s full plan can be                  specifically authorized by the Captain of                inhibit the Coast Guard’s ability to
                                              accessed at: http://www.regulations.gov/                the Port Guam.                                           protect vessels and waterway users from
                                              #!docketDetail;D=DOD-2011-OS-0036.                      DATES: This rule is effective without                    the hazards associated with the
                                                 It has been determined that                          actual notice from August 15, 2016                       operation.
                                              publication of this CFR part removal for                through 7 p.m. August 31, 2016. For the                     We are issuing this rule, and under 5
                                              public comment is impracticable,                        purposes of enforcement, actual notice                   U.S.C. 553(d)(3), the Coast Guard finds
sradovich on DSK3GMQ082PROD with RULES




                                              unnecessary, and contrary to public                     will be used from 7 a.m. July 31, 2016                   that good cause exists for making it
                                              interest since it is based on removing                  through August 15, 2016.                                 effective less than 30 days after
                                              DoD internal policies and procedures                    ADDRESSES: To view documents                             publication in the Federal Register. For
                                              that are publically available on the                    mentioned in this preamble as being                      the same reasons discussed in the
                                              Department’s issuance Web site. Once                    available in the docket, go to http://                   preceding paragraph, waiting for a 30
                                              signed, a copy of DoD’s internal                        www.regulations.gov, type USCG–2016–                     day notice period to run would be
                                              guidance contained in DoD Instruction                   0644 in the ‘‘SEARCH’’ box and click                     impracticable.


                                         VerDate Sep<11>2014   17:35 Aug 12, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4700    Sfmt 4700   E:\FR\FM\15AUR1.SGM        15AUR1



Document Created: 2016-08-13 02:22:45
Document Modified: 2016-08-13 02:22:45
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 September 1, 2016.
ContactDeborah C. Murphy ([email protected]), Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005, 202-326-4400 ext. 3451. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4400 ext. 3451.)
FR Citation81 FR 53921 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

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