81_FR_80222 81 FR 80002 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

81 FR 80002 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 81, Issue 220 (November 15, 2016)

Page Range80002-80003
FR Document2016-27384

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 December 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 220 (Tuesday, November 15, 2016)
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Rules and Regulations]
[Pages 80002-80003]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27384]


=======================================================================
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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 December 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 December 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 December 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 December 2016 interest assumptions under the benefit payments 
regulation will be 0.75 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 November 2016, these interest assumptions 
represent an increase of 0.25 percent in the immediate rate and are 
otherwise unchanged.
    PBGC has determined that notice and public comment on this 
amendment are impracticable and contrary to the public interest. This 
finding is based on the need to determine and issue new interest 
assumptions promptly so that the assumptions can reflect current market 
conditions as accurately as possible.
    Because of the need to provide immediate guidance for the payment 
of benefits under plans with valuation dates during December 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 278, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          278           12-1-16           1-1-17             0.75             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 80003]]


0
3. In appendix C to part 4022, Rate Set 278, 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          278           12-1-16           1-1-17             0.75             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


Judith Starr,
General Counsel, Pension Benefit Guaranty Corporation.
[FR Doc. 2016-27384 Filed 11-14-16; 8:45 am]
 BILLING CODE 7709-02-P



                                                80002             Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations

                                                R–5601H          Fort Sill, OK [New]                     insurance system administered by                         2016, these interest assumptions
                                                  Boundaries. Beginning at lat.                          PBGC.                                                    represent an increase of 0.25 percent in
                                                34°38′15″ N., long. 98°20′56″ W.; to lat.                DATES: Effective December 1, 2016.                       the immediate rate and are otherwise
                                                34°38′30″ N., long. 98°21′41″ W.; to lat.                                                                         unchanged.
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                34°38′50″ N., long. 98°22′06″ W.; to lat.                Deborah C. Murphy (Murphy.Deborah@                          PBGC has determined that notice and
                                                34°39′53″ N., long. 98°22′16″ W.; to lat.                pbgc.gov), Assistant General Counsel for                 public comment on this amendment are
                                                34°40′47″ N., long. 98°23′07″ W.; thence                 Regulatory Affairs, Pension Benefit                      impracticable and contrary to the public
                                                counterclockwise along an arc, 2.6 NM                    Guaranty Corporation, 1200 K Street                      interest. This finding is based on the
                                                radius centered at lat. 34°38′18″ N.,                    NW., Washington, DC 20005, 202–326–                      need to determine and issue new
                                                long. 98°24′07″ W.; to lat. 34°40′11″ N.,                4400 ext. 3451. (TTY/TDD users may                       interest assumptions promptly so that
                                                long. 98°26′18″ W.; to lat. 34°38′15″ N.,                call the Federal relay service toll-free at              the assumptions can reflect current
                                                long. 98°26′19″ W.; to the point of                      1–800–877–8339 and ask to be                             market conditions as accurately as
                                                beginning.                                               connected to 202–326–4400 ext. 3451.)                    possible.
                                                  Designated altitudes. Surface to FL                                                                                Because of the need to provide
                                                                                                         SUPPLEMENTARY INFORMATION: PBGC’s
                                                400.                                                                                                              immediate guidance for the payment of
                                                                                                         regulation on Benefits Payable in
                                                  Time of designation. By NOTAM.                                                                                  benefits under plans with valuation
                                                                                                         Terminated Single-Employer Plans (29
                                                  Controlling agency. FAA, Fort Worth                                                                             dates during December 2016, PBGC
                                                                                                         CFR part 4022) prescribes actuarial
                                                ARTCC.                                                                                                            finds that good cause exists for making
                                                                                                         assumptions—including interest
                                                  Using agency. U.S. Army,                                                                                        the assumptions set forth in this
                                                                                                         assumptions—for paying plan benefits
                                                Commanding General, U.S. Army Fires                                                                               amendment effective less than 30 days
                                                                                                         under terminating single-employer
                                                Center of Excellence (USAFCOE) and                                                                                after publication.
                                                                                                         plans covered by title IV of the
                                                Fort Sill, Fort Sill, OK.                                                                                            PBGC has determined that this action
                                                                                                         Employee Retirement Income Security
                                                                                                                                                                  is not a ‘‘significant regulatory action’’
                                                  Issued in Washington, DC, on November 8,               Act of 1974. The interest assumptions in
                                                                                                                                                                  under the criteria set forth in Executive
                                                2016.                                                    the regulation are also published on
                                                                                                                                                                  Order 12866.
                                                Leslie M. Swann,                                         PBGC’s Web site (http://www.pbgc.gov).
                                                                                                            PBGC uses the interest assumptions in                    Because no general notice of proposed
                                                Acting Manager, Airspace Policy Group.                                                                            rulemaking is required for this
                                                [FR Doc. 2016–27441 Filed 11–14–16; 8:45 am]             Appendix B to Part 4022 to determine
                                                                                                         whether a benefit is payable as a lump                   amendment, the Regulatory Flexibility
                                                BILLING CODE 4910–13–P
                                                                                                         sum and to determine the amount to                       Act of 1980 does not apply. See 5 U.S.C.
                                                                                                         pay. Appendix C to Part 4022 contains                    601(2).
                                                                                                         interest assumptions for private-sector                  List of Subjects in 29 CFR Part 4022
                                                PENSION BENEFIT GUARANTY                                 pension practitioners to refer to if they
                                                CORPORATION                                                                                                         Employee benefit plans, Pension
                                                                                                         wish to use lump-sum interest rates
                                                                                                                                                                  insurance, Pensions, Reporting and
                                                                                                         determined using PBGC’s historical
                                                29 CFR Part 4022                                                                                                  recordkeeping requirements.
                                                                                                         methodology. Currently, the rates in
                                                                                                         Appendices B and C of the benefit                          In consideration of the foregoing, 29
                                                Benefits Payable in Terminated Single-                                                                            CFR part 4022 is amended as follows:
                                                Employer Plans; Interest Assumptions                     payment regulation are the same.
                                                for Paying Benefits                                         The interest assumptions are intended
                                                                                                         to reflect current conditions in the                     PART 4022—BENEFITS PAYABLE IN
                                                AGENCY:  Pension Benefit Guaranty                        financial and annuity markets.                           TERMINATED SINGLE-EMPLOYER
                                                Corporation.                                             Assumptions under the benefit                            PLANS
                                                ACTION: Final rule.                                      payments regulation are updated                          ■ 1. The authority citation for part 4022
                                                                                                         monthly. This final rule updates the                     continues to read as follows:
                                                SUMMARY:   This final rule amends the                    benefit payments interest assumptions
                                                Pension Benefit Guaranty Corporation’s                   for December 2016.1                                        Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                regulation on Benefits Payable in                           The December 2016 interest                            1341(c)(3)(D), and 1344.
                                                Terminated Single-Employer Plans to                      assumptions under the benefit payments                   ■ 2. In appendix B to part 4022, Rate Set
                                                prescribe interest assumptions under                     regulation will be 0.75 percent for the                  278, as set forth below, is added to the
                                                the regulation for valuation dates in                    period during which a benefit is in pay                  table.
                                                December 2016. The interest                              status and 4.00 percent during any years
                                                assumptions are used for paying                          preceding the benefit’s placement in pay                 Appendix B to Part 4022—Lump Sum
                                                benefits under terminating single-                       status. In comparison with the interest                  Interest Rates For PBGC Payments
                                                employer plans covered by the pension                    assumptions in effect for November                       *      *        *        *        *

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


                                                            *                      *                       *                       *                        *                          *                *
mstockstill on DSK3G9T082PROD with RULES




                                                      278             12–1–16             1–1–17               0.75              4.00                4.00              4.00                    7            8




                                                  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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                                                                 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations                                               80003

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

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


                                                            *                     *                         *                        *                        *                          *          *
                                                      278            12–1–16             1–1–17                 0.75               4.00                4.00              4.00                7          8



                                                Judith Starr,                                              You may submit comments in one of                           If you intend to deliver your
                                                General Counsel, Pension Benefit Guaranty               four ways (please choose only one of the                    comments to the Baltimore address, call
                                                Corporation.                                            ways listed)                                                telephone number (410) 786–7195 in
                                                [FR Doc. 2016–27384 Filed 11–14–16; 8:45 am]               1. Electronically. You may submit                        advance to schedule your arrival with
                                                BILLING CODE 7709–02–P                                  electronic comments on this regulation                      one of our staff members.
                                                                                                        to http://www.regulations.gov. Follow                          Comments erroneously mailed to the
                                                                                                        the ‘‘Submit a comment’’ instructions.                      addresses indicated as appropriate for
                                                DEPARTMENT OF HEALTH AND                                   2. By regular mail. You may mail                         hand or courier delivery may be delayed
                                                HUMAN SERVICES                                          written comments to the following                           and received after the comment period.
                                                                                                        address ONLY: Centers for Medicare &                           For information on viewing public
                                                Centers for Medicare & Medicaid                         Medicaid Services, Department of                            comments, see the beginning of the
                                                Services                                                Health and Human Services, Attention:                       SUPPLEMENTARY INFORMATION section.
                                                                                                        CMS–2345–IFC, P.O. Box 8016,                                FOR FURTHER INFORMATION CONTACT:
                                                42 CFR Part 447                                         Baltimore, MD 21244–8016.                                   Wendy Tuttle, (410) 786–8690.
                                                [CMS–2345–IFC]                                             Please allow sufficient time for mailed                  SUPPLEMENTARY INFORMATION:
                                                                                                        comments to be received before the                             Inspection of Public Comments: All
                                                RIN 0938–AT09                                           close of the comment period.                                comments received before the close of
                                                                                                           3. By express or overnight mail. You                     the comment period are available for
                                                Medicaid Program; Covered Outpatient                    may send written comments to the                            viewing by the public, including any
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                                                States and United States                                Medicare & Medicaid Services,                               business information that is included in
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                                                Medicaid Services (CMS), HHS.                           Services, Attention: CMS–2345–IFC,                          received before the close of the
                                                ACTION: Interim final rule with comment                 Mail Stop C4–26–05, 7500 Security                           comment period on the following Web
                                                period.                                                 Boulevard, Baltimore, MD 21244–1850.                        site as soon as possible after they have
                                                                                                           4. By hand or courier. Alternatively,                    been received: http://regulations.gov.
                                                SUMMARY:    The Covered Outpatient Drug                 you may deliver (by hand or courier)                        Follow the search instructions on that
                                                final rule with comment period was                      your written comments ONLY to the                           Web site to view public comments.
                                                published in the February 1, 2016                       following addresses prior to the close of                      Comments received timely will be
                                                Federal Register. As part of that final                 the comment period:                                         also available for public inspection as
                                                rule with comment, we amended the                          a. For delivery in Washington, DC—                       they are received, generally beginning
                                                regulatory definitions of ‘‘States’’ and                Centers for Medicare & Medicaid                             approximately 3 weeks after publication
                                                ‘‘United States’’ to include the U.S.                   Services, Department of Health and                          of a document, at the headquarters of
                                                territories (American Samoa, the                        Human Services, Room 445–G, Hubert                          the Centers for Medicare & Medicaid
                                                Northern Mariana Islands, Guam, the                     H. Humphrey Building, 200                                   Services, 7500 Security Boulevard,
                                                Commonwealth of Puerto Rico, and the                    Independence Avenue SW.,                                    Baltimore, Maryland 21244, Monday
                                                Virgin Islands) beginning April 1, 2017.                Washington, DC 20201.                                       through Friday of each week from 8:30
                                                This interim final rule with comment                       (Because access to the interior of the                   a.m. to 4 p.m. To schedule an
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                                                received at one of the addresses                        for persons wishing to retain a proof of                    published in the February 1, 2016
mstockstill on DSK3G9T082PROD with RULES




                                                provided below, no later than 5 p.m. on                 filing by stamping in and retaining an                      Federal Register (81 FR 5170). That
                                                January 17, 2017.                                       extra copy of the comments being filed.)                    final rule with comment period
                                                ADDRESSES: In commenting, please refer                     b. For delivery in Baltimore, MD—                        implemented provisions of section 1927
                                                to file code CMS–2345–IFC. Because of                   Centers for Medicare & Medicaid                             of the Social Security Act (the Act) that
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Document Created: 2016-11-15 00:48:21
Document Modified: 2016-11-15 00:48:21
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 December 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 80002 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

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