82_FR_38753 82 FR 38597 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

82 FR 38597 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38597-38598
FR Document2017-17075

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 2017. 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 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Rules and Regulations]
[Pages 38597-38598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17075]


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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 2017. 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, 2017.

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 terminated 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 2017.\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.
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    The September 2017 interest assumptions under the benefit payments 
regulation will be 1.00 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 2017, these 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 September 2017, 
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 287, as set forth below, is 
added to the table.

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

* * * * *

[[Page 38598]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i                i                i                n                n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          287            9-1-17          10-1-17             1.00             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In Appendix C to part 4022, Rate Set 287, 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)            i                i                i                n                n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          287            9-1-17          10-1-17             1.00             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC.
Deborah Chase Murphy,
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2017-17075 Filed 8-14-17; 8:45 am]
 BILLING CODE 7709-02-P



                                                                  Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations                                               38597

                                                or the blend in paragraph (a)(2) of this                PENSION BENEFIT GUARANTY                              benefit payments interest assumptions
                                                section.                                                CORPORATION                                           for September 2017.1
                                                                                                                                                                 The September 2017 interest
                                                  (2) The additive or a safflower oil
                                                                                                        29 CFR Part 4022                                      assumptions under the benefit payments
                                                blend containing the additive for use in
                                                                                                                                                              regulation will be 1.00 percent for the
                                                animal food meets the following                         Benefits Payable in Terminated Single-                period during which a benefit is in pay
                                                specifications:                                         Employer Plans; Interest Assumptions                  status and 4.00 percent during any years
                                                  (i) Crude fat content of the GLA                      for Paying Benefits                                   preceding the benefit’s placement in pay
                                                safflower oil or its blend is not less than                                                                   status. In comparison with the interest
                                                                                                        AGENCY: Pension Benefit Guaranty                      assumptions in effect for August 2017,
                                                99.5 percent.
                                                                                                        Corporation.                                          these assumptions represent an increase
                                                  (ii) GLA content is between 400 and
                                                                                                        ACTION:   Final rule.                                 of 0.25 percent in the immediate rate
                                                450 milligrams (mg) GLA per gram of                                                                           and are otherwise unchanged.
                                                the GLA safflower oil or its blend.                                                                              PBGC has determined that notice and
                                                                                                        SUMMARY:   This final rule amends the
                                                  (iii) Total content of stearidonic acid               Pension Benefit Guaranty Corporation’s                public comment on this amendment are
                                                and cis, cis-6,9-octadecadienoic acid in                regulation on Benefits Payable in                     impracticable and contrary to the public
                                                the GLA safflower oil or its blend must                 Terminated Single-Employer Plans to                   interest. This finding is based on the
                                                not exceed a total of 0.3 percent.                      prescribe interest assumptions under                  need to determine and issue new
                                                                                                        the regulation for valuation dates in                 interest assumptions promptly so that
                                                   (3) Addition of GLA safflower oil, or                                                                      the assumptions can reflect current
                                                                                                        September 2017. The interest
                                                its blend, to complete dry adult                                                                              market conditions as accurately as
                                                                                                        assumptions are used for paying
                                                maintenance dog food must meet the                                                                            possible.
                                                                                                        benefits under terminating single-
                                                following:                                              employer plans covered by the pension                    Because of the need to provide
                                                  (i) Addition of the oil or its blend                  insurance system administered by                      immediate guidance for the payment of
                                                cannot provide more than 36 mg GLA                      PBGC.                                                 benefits under plans with valuation
                                                per kilogram body weight of the dog per                                                                       dates during September 2017, PBGC
                                                                                                        DATES:   Effective September 1, 2017.                 finds that good cause exists for making
                                                day in more than 86 mg of the GLA
                                                safflower oil or its blend. This                        FOR FURTHER INFORMATION CONTACT:                      the assumptions set forth in this
                                                maximum addition rate of the GLA                        Deborah C. Murphy (Murphy.Deborah@                    amendment effective less than 30 days
                                                                                                        pbgc.gov), Assistant General Counsel for              after publication.
                                                safflower oil, or its blend, is 0.3 percent
                                                                                                        Regulatory Affairs, Pension Benefit                      PBGC has determined that this action
                                                of a complete dry adult maintenance
                                                                                                        Guaranty Corporation, 1200 K Street                   is not a ‘‘significant regulatory action’’
                                                dog food containing 3,600 kilocalories                                                                        under the criteria set forth in Executive
                                                of metabolizable energy per kilogram of                 NW., Washington, DC 20005, 202–326–
                                                                                                        4400 ext. 3451. (TTY/TDD users may                    Order 12866.
                                                food as-fed.                                                                                                     Because no general notice of proposed
                                                                                                        call the Federal relay service toll-free at
                                                  (ii) Adjustments must be made for dog                 1–800–877–8339 and ask to be                          rulemaking is required for this
                                                food formulas of different caloric                      connected to 202–326–4400, ext. 3451.)                amendment, the Regulatory Flexibility
                                                density and/or that are fed to specific                                                                       Act of 1980 does not apply. See 5 U.S.C.
                                                weights, breeds, or dogs of different                   SUPPLEMENTARY INFORMATION:     PBGC’s                 601(2).
                                                activity levels to meet the requirements                regulation on Benefits Payable in
                                                                                                        Terminated Single-Employer Plans (29                  List of Subjects in 29 CFR Part 4022
                                                of this paragraph.
                                                                                                        CFR part 4022) prescribes actuarial                     Employee benefit plans, Pension
                                                  (b) To assure safe use of the additive,               assumptions—including interest                        insurance, Pensions, Reporting and
                                                in addition to other information                        assumptions—for paying plan benefits                  recordkeeping requirements.
                                                required by the Federal Food, Drug, and                 under terminated single-employer plans                  In consideration of the foregoing, 29
                                                Cosmetic Act, the label and labeling of                 covered by title IV of the Employee                   CFR part 4022 is amended as follows:
                                                the additive shall bear the following:                  Retirement Income Security Act of 1974.
                                                  (1) The name, gamma-linolenic acid                    The interest assumptions in the                       PART 4022—BENEFITS PAYABLE IN
                                                                                                        regulation are also published on PBGC’s               TERMINATED SINGLE-EMPLOYER
                                                (GLA) safflower oil.
                                                                                                        Web site (http://www.pbgc.gov).                       PLANS
                                                  (2) A guarantee for the minimum                          PBGC uses the interest assumptions in
                                                content of gamma-linolenic acid.                                                                              ■ 1. The authority citation for part 4022
                                                                                                        Appendix B to part 4022 to determine
                                                                                                                                                              continues to read as follows:
                                                  (3) Adequate directions for use such                  whether a benefit is payable as a lump
                                                that the finished animal food complies                  sum and to determine the amount to                      Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                                                                        pay. Appendix C to part 4022 contains                 1341(c)(3)(D), and 1344.
                                                with the provisions of paragraph (a)(3)
                                                of this section.                                        interest assumptions for private-sector               ■ 2. In Appendix B to part 4022, Rate
                                                                                                        pension practitioners to refer to if they             Set 287, as set forth below, is added to
                                                  Dated: August 4, 2017.
                                                                                                        wish to use lump-sum interest rates                   the table.
                                                Anna K. Abram,                                          determined using PBGC’s historical
                                                Deputy Commissioner for Policy, Planning,                                                                     Appendix B to Part 4022—Lump Sum
                                                                                                        methodology. Currently, the rates in
                                                Legislation, and Analysis.                                                                                    Interest Rates for PBGC Payments
                                                                                                        Appendices B and C of the benefit
                                                                                                                                                              *        *   *      *      *
jstallworth on DSKBBY8HB2PROD with RULES




                                                [FR Doc. 2017–17214 Filed 8–14–17; 8:45 am]             payment regulation are the same.
                                                BILLING CODE 4164–01–P                                     The interest assumptions are intended                1 Appendix B to PBGC’s regulation on Allocation
                                                                                                        to reflect current conditions in the                  of Assets in Single-Employer Plans (29 CFR part
                                                                                                        financial and annuity markets.                        4044) prescribes interest assumptions for valuing
                                                                                                        Assumptions under the benefit                         benefits under terminating covered single-employer
                                                                                                                                                              plans for purposes of allocation of assets under
                                                                                                        payments regulation are updated                       ERISA section 4044. Those assumptions are
                                                                                                        monthly. This final rule updates the                  updated quarterly.



                                           VerDate Sep<11>2014   17:13 Aug 14, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\15AUR1.SGM   15AUR1


                                                38598             Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations

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


                                                            *                     *                         *                        *                        *                      *             *
                                                      287             9–1–17            10–1–17                 1.00               4.00                4.00              4.00            7             8



                                                ■ 3. In Appendix C to part 4022, Rate                   Appendix C to Part 4022—Lump Sum
                                                Set 287, as set forth below, is added to                Interest Rates for Private-Sector
                                                the 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


                                                            *                     *                         *                        *                        *                      *             *
                                                      287             9–1–17            10–1–17                 1.00               4.00                4.00              4.00            7             8



                                                  Issued in Washington, DC.                             Folder on the line associated with this                     persons and property in the vicinity of
                                                Deborah Chase Murphy,                                   rule.                                                       the area from potential hazards present
                                                Assistant General Counsel for Regulatory                FOR FURTHER INFORMATION CONTACT: If                         with the Rubber Ducky Regatta marine
                                                Affairs, Pension Benefit Guaranty                       you have questions on this rule, call or                    event on this navigable waterway. This
                                                Corporation.                                            email LT Kyle D. Berry, Sector Mobile,                      special local regulation must be
                                                [FR Doc. 2017–17075 Filed 8–14–17; 8:45 am]             Waterways Management Division, U.S.                         established by August 26, 2017 and we
                                                BILLING CODE 7709–02–P                                  Coast Guard; telephone 251–441–5940,                        lack sufficient time to provide a
                                                                                                        email kyle.d.berry@uscg.mil.                                reasonable comment period and then
                                                                                                        SUPPLEMENTARY INFORMATION:                                  consider those comments before issuing
                                                DEPARTMENT OF HOMELAND                                                                                              the rule.
                                                                                                        I. Table of Abbreviations                                      We are issuing this rule, and under 5
                                                SECURITY
                                                                                                        CFR Code of Federal Regulations                             U.S.C. 553(d)(3), the Coast Guard finds
                                                Coast Guard                                             COTP Captain of the Port Mobile                             that good cause exists for making it
                                                                                                        DHS Department of Homeland Security                         effective less than 30 days after
                                                33 CFR Part 100                                         FR Federal Register                                         publication in the Federal Register.
                                                                                                        NPRM Notice of proposed rulemaking                          Delaying the effective date of this rule
                                                [Docket Number USCG–2017–0710]                          PATCOM Patrol Commander                                     would be contrary to public interest
                                                                                                        § Section                                                   because immediate action is needed to
                                                RIN 1625–AA08                                           U.S.C. United States Code                                   respond to the potential safety hazards
                                                Special Local Regulation; Mobile River,                 II. Background Information and                              associated with this event.
                                                Mobile, AL                                              Regulatory History                                          III. Legal Authority and Need for Rule
                                                                                                           The Coast Guard is issuing this                             The Coast Guard is issuing this rule
                                                AGENCY:  Coast Guard, DHS.
                                                                                                        temporary rule without prior notice and                     under authority in 33 U.S.C. 1233. The
                                                ACTION: Temporary final rule.                           opportunity to comment pursuant to                          Captain of the Port Mobile (COTP) has
                                                SUMMARY:   The Coast Guard is                           authority under section 4(a) of the                         determined that potential hazards
                                                establishing a temporary special local                  Administrative Procedure Act (APA) (5                       associated with the marine event on
                                                regulation on the Mobile River, Mobile,                 U.S.C. 553(b)). This provision                              August 26, 2017 will be a safety concern
                                                AL. The special local regulation is                     authorizes an agency to issue a rule                        for anyone within the area of the Mobile
                                                needed to protect the persons                           without prior notice and opportunity to                     River, Mobile, AL encompassing a half-
                                                participating in the Rubber Ducky                       comment when the agency for good                            mile radius of a point near 30°41′24.8″
                                                Regatta marine event. This rule restricts               cause finds that those procedures are                       N., 88°2′12.9″ W. This rule is needed to
                                                transit into, through, and within the                   ‘‘impracticable, unnecessary, or contrary                   protect participants, spectators, and
                                                regulated area unless specifically                      to the public interest.’’ Under 5 U.S.C.                    other persons and vessels during the
                                                authorized by the Captain of the Port                   553(b)(B), the Coast Guard finds that                       marine event on navigable waters.
                                                Mobile.                                                 good cause exists for not publishing a
                                                                                                        notice of proposed rulemaking (NPRM)                        IV. Discussion of the Rule
                                                DATES:  This rule is effective from 9 a.m.              with respect to this rule because it is                       This rule establishes a special local
jstallworth on DSKBBY8HB2PROD with RULES




                                                until 1 p.m. on August 26, 2017.                        impracticable. We did not receive notice                    regulation on August 26, 2017, which
                                                ADDRESSES: To view documents                            of the event until July 13, 2017. After a                   will be enforced between the hours of 9
                                                mentioned in this preamble as being                     thorough review of the details for this                     a.m. and 1 p.m. The special local
                                                available in the docket, go to http://                  event, including the number of                              regulation takes place on the Mobile
                                                www.regulations.gov, type USCG–2017–                    anticipated spectators, the Coast Guard                     River, Mobile AL, encompassing a half-
                                                0710 in the ‘‘SEARCH’’ box and click                    determined that a special local                             mile radius of a point at approximate
                                                ‘‘SEARCH.’’ Click on Open Docket                        regulation was needed to protect                            location 30°41′24.8″ N., 88°2′12.9″ W.


                                           VerDate Sep<11>2014   17:13 Aug 14, 2017   Jkt 241001   PO 00000     Frm 00008   Fmt 4700     Sfmt 4700   E:\FR\FM\15AUR1.SGM    15AUR1



Document Created: 2017-08-15 01:12:38
Document Modified: 2017-08-15 01:12:38
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, 2017.
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 Citation82 FR 38597 

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