82_FR_6255 82 FR 6243 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

82 FR 6243 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6243-6244
FR Document2017-00461

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in February 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 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6243-6244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00461]


=======================================================================
-----------------------------------------------------------------------

PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4022


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

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Pension Benefit Guaranty 
Corporation's regulation on Benefits Payable in Terminated Single-
Employer Plans to prescribe interest assumptions under the regulation 
for valuation dates in February 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 February 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 terminating single-employer plans covered by title IV of 
the Employee Retirement Income Security Act of 1974. The interest 
assumptions in the regulation are also published on PBGC's Web site 
(http://www.pbgc.gov).
    PBGC uses the interest assumptions in Appendix B to Part 4022 to 
determine whether a benefit is payable as a lump sum and to determine 
the amount to pay. Appendix C to Part 4022 contains interest 
assumptions for private-sector pension practitioners to refer to if 
they wish to use lump-sum interest rates determined using PBGC's 
historical methodology. Currently, the rates in Appendices B and C of 
the benefit payment regulation are the same.
    The interest assumptions are intended to reflect current conditions 
in the financial and annuity markets. Assumptions under the benefit 
payments regulation are updated monthly. This final rule updates the 
benefit payments interest assumptions for February 2017.\1\
---------------------------------------------------------------------------

    \1\ Appendix B to PBGC's regulation on Allocation of Assets in 
Single-Employer Plans (29 CFR part 4044) prescribes interest 
assumptions for valuing benefits under terminating covered single-
employer plans for purposes of allocation of assets under ERISA 
section 4044. Those assumptions are updated quarterly.
---------------------------------------------------------------------------

    The February 2017 interest assumptions under the benefit payments 
regulation will be 1.25 percent for the period during which a benefit 
is in pay status and 4.00 percent during any years preceding the 
benefit's placement in pay status. In comparison with the interest 
assumptions in effect for January 2017, 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 February 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 280, 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)            i                i                i                n                n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          280            2-1-17           3-1-17             1.25             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 280, as set forth below, is 
added to the table.

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

* * * * *

[[Page 6244]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i                i                i                n                n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          280            2-1-17           3-1-17             1.25             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. 2017-00461 Filed 1-18-17; 8:45 am]
 BILLING CODE 7709-02-P



                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                                         6243

                                                  see § 1.1312–7 as contained in 26 CFR                   1–800–877–8339 and ask to be                                 interest. This finding is based on the
                                                  part 1 revised as of April 1, 2016.                     connected to 202–326–4400 ext. 3451.)                        need to determine and issue new
                                                                                                          SUPPLEMENTARY INFORMATION: PBGC’s                            interest assumptions promptly so that
                                                  John Dalrymple,
                                                                                                          regulation on Benefits Payable in                            the assumptions can reflect current
                                                  Deputy Commissioner for Services and
                                                  Enforcement.                                            Terminated Single-Employer Plans (29                         market conditions as accurately as
                                                                                                          CFR part 4022) prescribes actuarial                          possible.
                                                    Approved: November 11, 2016.
                                                                                                          assumptions—including interest                                  Because of the need to provide
                                                  Mark J. Mazur,
                                                                                                          assumptions—for paying plan benefits                         immediate guidance for the payment of
                                                  Assistant Secretary of the Treasury (Tax
                                                                                                          under terminating single-employer                            benefits under plans with valuation
                                                  Policy).
                                                                                                          plans covered by title IV of the                             dates during February 2017, PBGC finds
                                                  [FR Doc. 2017–01365 Filed 1–18–17; 8:45 am]
                                                                                                          Employee Retirement Income Security                          that good cause exists for making the
                                                  BILLING CODE 4830–01–P
                                                                                                          Act of 1974. The interest assumptions in                     assumptions set forth in this
                                                                                                          the regulation are also published on                         amendment effective less than 30 days
                                                                                                          PBGC’s Web site (http://www.pbgc.gov).                       after publication.
                                                  PENSION BENEFIT GUARANTY                                   PBGC uses the interest assumptions in                        PBGC has determined that this action
                                                  CORPORATION                                             Appendix B to Part 4022 to determine                         is not a ‘‘significant regulatory action’’
                                                                                                          whether a benefit is payable as a lump                       under the criteria set forth in Executive
                                                  29 CFR Part 4022
                                                                                                          sum and to determine the amount to                           Order 12866.
                                                  Benefits Payable in Terminated Single-                  pay. Appendix C to Part 4022 contains                           Because no general notice of proposed
                                                  Employer Plans; Interest Assumptions                    interest assumptions for private-sector                      rulemaking is required for this
                                                  for Paying Benefits                                     pension practitioners to refer to if they                    amendment, the Regulatory Flexibility
                                                                                                          wish to use lump-sum interest rates                          Act of 1980 does not apply. See 5 U.S.C.
                                                  AGENCY:  Pension Benefit Guaranty                       determined using PBGC’s historical                           601(2).
                                                  Corporation.                                            methodology. Currently, the rates in
                                                  ACTION: Final rule.                                     Appendices B and C of the benefit                            List of Subjects in 29 CFR Part 4022
                                                                                                          payment regulation are the same.                               Employee benefit plans, Pension
                                                  SUMMARY:   This final rule amends the                      The interest assumptions are intended
                                                  Pension Benefit Guaranty Corporation’s                                                                               insurance, Pensions, Reporting and
                                                                                                          to reflect current conditions in the                         recordkeeping requirements.
                                                  regulation on Benefits Payable in
                                                                                                          financial and annuity markets.
                                                  Terminated Single-Employer Plans to                                                                                    In consideration of the foregoing, 29
                                                                                                          Assumptions under the benefit
                                                  prescribe interest assumptions under                                                                                 CFR part 4022 is amended as follows:
                                                                                                          payments regulation are updated
                                                  the regulation for valuation dates in
                                                                                                          monthly. This final rule updates the                         PART 4022—BENEFITS PAYABLE IN
                                                  February 2017. The interest
                                                                                                          benefit payments interest assumptions                        TERMINATED SINGLE-EMPLOYER
                                                  assumptions are used for paying
                                                                                                          for February 2017.1                                          PLANS
                                                  benefits under terminating single-
                                                                                                             The February 2017 interest
                                                  employer plans covered by the pension
                                                                                                          assumptions under the benefit payments                       ■ 1. The authority citation for part 4022
                                                  insurance system administered by
                                                                                                          regulation will be 1.25 percent for the                      continues to read as follows:
                                                  PBGC.
                                                                                                          period during which a benefit is in pay
                                                  DATES: Effective February 1, 2017.                      status and 4.00 percent during any years                       Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                                                                                                                                       1341(c)(3)(D), and 1344.
                                                  FOR FURTHER INFORMATION CONTACT:                        preceding the benefit’s placement in pay
                                                  Deborah C. Murphy (Murphy.Deborah@                      status. In comparison with the interest                      ■ 2. In appendix B to part 4022, Rate Set
                                                  pbgc.gov), Assistant General Counsel for                assumptions in effect for January 2017,                      280, as set forth below, is added to the
                                                  Regulatory Affairs, Pension Benefit                     these interest assumptions are                               table.
                                                  Guaranty Corporation, 1200 K Street                     unchanged.
                                                  NW., Washington, DC 20005, 202–326–                        PBGC has determined that notice and                       Appendix B to Part 4022—Lump Sum
                                                  4400 ext. 3451. (TTY/TDD users may                      public comment on this amendment are                         Interest Rates For PBGC Payments
                                                  call the Federal relay service toll-free at             impracticable and contrary to the public                     *      *     *       *        *

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


                                                              *                     *                         *                         *                        *                      *                    *
                                                        280             2–1–17             3–1–17                 1.25                4.00                4.00              4.00                7                8


                                                  ■ 3. In appendix C to part 4022, Rate Set               Appendix C to Part 4022—Lump Sum
                                                  280, as set forth below, is added to the                Interest Rates for Private-Sector
                                                  table.                                                  Payments
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          *        *      *       *         *




                                                    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



                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000     Frm 00047   Fmt 4700      Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1


                                                  6244             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 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


                                                              *                     *                       *                       *                        *                     *                 *
                                                        280             2–1–17             3–1–17               1.25              4.00                4.00              4.00           7                 8



                                                    Issued in Washington, DC.                               Technical information: Gregory Till,                   II. Section-by-Section Analysis
                                                  Deborah Chase Murphy,                                   myRA Bureau Director, at (202) 622–
                                                                                                                                                                   Subpart A—General Information
                                                  Assistant General Counsel for Regulatory                6970 or Gregory.Till@treasury.gov.
                                                  Affairs, Pension Benefit Guaranty                         Legal information: Elizabeth Spears,                      Section 347.0 Offering of securities.
                                                  Corporation.                                            Senior Counsel, at (304) 480–8647 or                     This section is amended to offer
                                                  [FR Doc. 2017–00461 Filed 1–18–17; 8:45 am]             Lisa.Spears@fiscal.treasury.gov.                         retirement savings bonds to Auto-IRA
                                                  BILLING CODE 7709–02–P                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   custodians for certain state retirement
                                                                                                                                                                   savings programs.
                                                                                                          I. Background                                               Section 347.1 Applicability. This
                                                                                                             Approximately one third of private-                   section is amended to include the Auto-
                                                  DEPARTMENT OF THE TREASURY
                                                                                                          sector employees in the United States                    IRA custodians for state retirement
                                                  Fiscal Service                                                                                                   savings programs under this part.
                                                                                                          lack access to a retirement savings plan
                                                                                                                                                                      Section 347.2 Official agencies. This
                                                                                                          through their employers.1 To fill this
                                                  31 CFR Part 347                                                                                                  section clarifies that Fiscal Service is
                                                                                                          gap, several states are establishing or                  responsible for issuing retirement
                                                  RIN 1530–AA13                                           considering establishing programs that                   savings bonds to the Auto-IRA
                                                                                                          will encourage employees to save for                     custodians and that states are
                                                  Regulations Governing Retirement                        their retirement, including through                      responsible for administering their own
                                                  Savings Bonds                                           individual retirement accounts into                      Auto-IRA retirement savings programs.
                                                                                                          which employees are automatically                           Section 347.3 Definitions. Several
                                                  AGENCY:  Bureau of the Fiscal Service,                  enrolled and through other approaches
                                                  Fiscal Service, Treasury.                                                                                        new definitions, including ‘‘Auto-IRA,’’
                                                                                                          (collectively referred to here as Auto-                  ‘‘state Auto-IRA program,’’ ‘‘IRA,’’
                                                  ACTION: Final rule.                                     IRAs, whether or not they use automatic                  ‘‘Custodian,’’ ‘‘State,’’ and ‘‘Auto-IRA
                                                  SUMMARY:   Currently, the Bureau of the                 enrollment).2 Under an Auto-IRA                          custodian’’ have been added for ease of
                                                  Fiscal Service (Fiscal Service) of the                  program, employee contributions are                      reference in Subpart C—Auto-IRA
                                                  United States Department of the                         deposited into an IRA and invested in                    Programs and minor changes have been
                                                  Treasury (Treasury), issues                             accordance with the design of the Auto-                  made to some existing definitions.
                                                  nonmarketable, electronic retirement                    IRA program and the wishes of the
                                                                                                          participant. Generally, it is expected                   Subpart B—Treasury’s Retirement
                                                  savings bonds to an individual                                                                                   Savings Program
                                                  retirement account (IRA) custodian                      that an Auto-IRA program will offer a
                                                  designated by Fiscal Service to act as a                safe and low-cost investment option as                     Miscellaneous changes have been
                                                  custodian for Roth IRAs under                           an alternative to a risk-bearing                         made to the sections pertaining to
                                                  Treasury’s myRA® program. In this                       diversified investment, such as a target                 retirement savings bonds issued to the
                                                  Final Rule, Treasury offers                             date fund. In order to assist states in                  custodian of Treasury’s retirement
                                                  nonmarketable, electronic retirement                    offering savers the option of a principal-               savings program, myRA®, which are
                                                  savings bonds for certain retirement                    protected investment, Fiscal Service                     held in participants’ Roth IRAs. These
                                                  savings programs established by states                  will offer retirement savings bonds to                   changes, which were made to
                                                  or certain of their political subdivisions              state Auto-IRA programs. Fiscal Service                  accommodate revised definitions and
                                                  (states). The bonds will be issued to a                 reserves the right, however, to decline to               other minor or technical revisions, do
                                                  trustee or custodian (custodian) of a                   issue retirement savings bonds to state                  not affect the terms of these bonds. See,
                                                  Roth IRA or traditional IRA designated                  Auto-IRA programs on a case-by-case                      e.g., §§ 347.10 through 347.16.
                                                  by a state under its retirement savings                 basis, based on considerations such as                   Subpart C—Auto-IRA Programs
                                                  program (whether or not the program                     the structure and reasonableness of
                                                                                                          associated fees, plans to control fees and                  Section 347.30 Plan requirements
                                                  provides for automatic enrollment).                                                                              for State Auto-IRA programs.
                                                  Interest will be earned at a rate available             expenses, whether participants have
                                                                                                          reasonable access to their funds, and                    Subsection (a) of this new section
                                                  to federal employees invested in the                                                                             specifies that retirement savings bonds
                                                  Government Securities Investment Fund                   oversight of providers designated to
                                                                                                          operate state Auto-IRA programs.                         will be issued to Auto-IRA custodians
                                                  (G Fund) of the federal Thrift Savings                                                                           for certain state Auto-IRA programs, and
                                                  Plan.                                                                                                            that no other registrations under
                                                                                                            1 National Compensation Survey, Bureau of Labor
                                                     This offering does not affect the terms                                                                       Subpart C are permitted. As defined in
                                                                                                          Statistics (July 2016), Employee Benefits in the
                                                  of retirement savings bonds issued to                   United States—March 2016 (http://www.bls.gov/            § 347.3, an Auto-IRA custodian is ‘‘an
                                                  the custodian of Treasury’s retirement
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          news.release/pdf/ebs2.pdf). These data show that 66      entity designated by a state (including,
                                                  savings program, myRA®, which are                       percent of 114 million private-sector workers have
                                                                                                                                                                   for the purpose of these regulations,
                                                  held in participants’ Roth IRAs. More                   access to a retirement plan through their employers.
                                                                                                          By extension, approximately 34 percent of the 114        certain political subdivisions of states)
                                                  information on myRA® is available at                    million private-sector workers (39 million) do not       to act as the trustee or custodian for
                                                  www.myra.gov.                                           have access to a retirement plan through work.           Auto-IRAs, in the form of Roth IRAs or
                                                                                                            2 The Department of Labor has published
                                                  DATES: This Final Rule is effective                                                                              traditional IRAs, for or opened on behalf
                                                                                                          regulations relating to state payroll deduction
                                                  January 19, 2017.                                       savings programs. 81 FR 59464 (Aug. 30, 2016) and        of participants in a state Auto-IRA
                                                  FOR FURTHER INFORMATION CONTACT:                        81 FR 92639 (Dec. 20, 2016).                             program.’’ Subsection (b) lists topics


                                             VerDate Sep<11>2014   20:34 Jan 18, 2017   Jkt 241001   PO 00000   Frm 00048   Fmt 4700    Sfmt 4700   E:\FR\FM\19JAR1.SGM   19JAR1



Document Created: 2018-02-01 15:15:12
Document Modified: 2018-02-01 15:15:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective February 1, 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 6243 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR