83_FR_40611 83 FR 40453 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

83 FR 40453 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range40453-40454
FR Document2018-17351

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 2018. 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 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40453-40454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17351]


=======================================================================
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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 2018. 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, 2018.

FOR FURTHER INFORMATION CONTACT: Hilary Duke (duke.hilary@pbgc.gov), 
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation, 1200 K Street NW, Washington, DC 20005, 202-326-
4400 ext. 3839. (TTY users may call the Federal relay service toll-free 
at 1-800-877-8339 and ask to be connected to 202-326-4400, ext. 3839.)

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 website 
(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 2018.\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 2018 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 August 2018, these assumptions represent no 
change 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 2018, 
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.

[[Page 40454]]

    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 299 is added at the end of the 
table to read as follows:

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          299            9-1-18           10-1-18              1.25              4.00              4.00              4.00                 7        8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 299 is added at the end of the 
table to read as follows:

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          299            9-1-18           10-1-18              1.25              4.00              4.00              4.00                 7        8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2018-17351 Filed 8-14-18; 8:45 am]
 BILLING CODE 7709-02-P



                                                              Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations                                              40453

                                             and results in no more than de minimis                  PART 416—SUPPLEMENTAL                                    PBGC uses the interest assumptions in
                                             costs.                                                  SECURITY INCOME FOR THE AGED,                         appendix B to part 4022 to determine
                                                                                                     BLIND, AND DISABLED                                   whether a benefit is payable as a lump
                                             Regulatory Flexibility Act
                                                                                                                                                           sum and to determine the amount to
                                                We certify that this final rule will not             Subpart N—[Amended]                                   pay. Appendix C to part 4022 contains
                                             have a significant economic impact on                                                                         interest assumptions for private-sector
                                             a substantial number of small entities                  ■ 3. The authority citation for subpart N             pension practitioners to refer to if they
                                             because it affects individuals only.                    continues to read as follows:                         wish to use lump-sum interest rates
                                             Therefore, the Regulatory Flexibility                     Authority: Secs. 702(a)(5), 1631, and 1633          determined using PBGC’s historical
                                             Act, as amended, does not require us to                 of the Social Security Act (42 U.S.C.                 methodology. Currently, the rates in
                                             prepare a regulatory flexibility analysis.              902(a)(5), 1383, and 1383b); sec. 202, Pub. L.        appendices B and C of the benefit
                                                                                                     108–203, 118 Stat. 509 (42 U.S.C. 902 note).          payment regulation are the same.
                                             Paperwork Reduction Act                                                                                          The interest assumptions are intended
                                                                                                     § 416.1442    [Amended]
                                                These rules do not create any new or                                                                       to reflect current conditions in the
                                             affect any existing collections and,                    ■ 4. In § 416.1442, remove paragraph                  financial and annuity markets.
                                             therefore, do not require Office of                     (g).                                                  Assumptions under the benefit
                                             Management and Budget approval                          [FR Doc. 2018–17547 Filed 8–14–18; 8:45 am]           payments regulation are updated
                                             under the Paperwork Reduction Act.                      BILLING CODE 4191–02–P                                monthly. This final rule updates the
                                             (Catalog of Federal Domestic Assistance                                                                       benefit payments interest assumptions
                                             Program Nos. 96.001, Social Security—                                                                         for September 2018.1
                                             Disability Insurance; 96.002, Social                    PENSION BENEFIT GUARANTY                                 The September 2018 interest
                                             Security—Retirement Insurance; 96.004,                  CORPORATION                                           assumptions under the benefit payments
                                             Social Security—Survivors Insurance;                                                                          regulation will be 1.25 percent for the
                                             96.006, Supplemental Security Income.)                  29 CFR Part 4022                                      period during which a benefit is in pay
                                             List of Subjects                                                                                              status and 4.00 percent during any years
                                                                                                     Benefits Payable in Terminated Single-                preceding the benefit’s placement in pay
                                             20 CFR Part 404                                         Employer Plans; Interest Assumptions                  status. In comparison with the interest
                                               Administrative practice and                           for Paying Benefits                                   assumptions in effect for August 2018,
                                             procedure; Blind; Disability benefits;                                                                        these assumptions represent no change
                                                                                                     AGENCY:  Pension Benefit Guaranty                     in the immediate rate and are otherwise
                                             Old-age, Survivors and Disability                       Corporation.
                                             Insurance; Reporting and recordkeeping                                                                        unchanged.
                                                                                                     ACTION: Final rule.                                      PBGC has determined that notice and
                                             requirements; Social security.
                                                                                                                                                           public comment on this amendment are
                                             20 CFR Part 416                                         SUMMARY:   This final rule amends the                 impracticable and contrary to the public
                                                                                                     Pension Benefit Guaranty Corporation’s                interest. This finding is based on the
                                               Administrative practice and                           regulation on Benefits Payable in
                                             procedure; Reporting and recordkeeping                                                                        need to determine and issue new
                                                                                                     Terminated Single-Employer Plans to                   interest assumptions promptly so that
                                             requirements; Supplemental Security                     prescribe interest assumptions under
                                             Income (SSI).                                                                                                 the assumptions can reflect current
                                                                                                     the regulation for valuation dates in                 market conditions as accurately as
                                                                                                     September 2018. The interest                          possible.
                                             Nancy A. Berryhill,
                                                                                                     assumptions are used for paying                          Because of the need to provide
                                             Acting Commissioner of Social Security.                 benefits under terminating single-                    immediate guidance for the payment of
                                               For the reasons stated in the                         employer plans covered by the pension                 benefits under plans with valuation
                                             preamble, we are amending subpart J of                  insurance system administered by                      dates during September 2018, PBGC
                                             part 404 and subpart N of part 416 of                   PBGC.                                                 finds that good cause exists for making
                                             Chapter III of title 20 of the Code of                  DATES:   Effective September 1, 2018.                 the assumptions set forth in this
                                             Federal Regulations as set forth below:                                                                       amendment effective less than 30 days
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                     Hilary Duke (duke.hilary@pbgc.gov),                   after publication.
                                             PART 404—FEDERAL OLD–AGE,                                                                                        PBGC has determined that this action
                                             SURVIVORS AND DISABILITY                                Assistant General Counsel for
                                                                                                     Regulatory Affairs, Pension Benefit                   is not a ‘‘significant regulatory action’’
                                             INSURANCE                                                                                                     under the criteria set forth in Executive
                                                                                                     Guaranty Corporation, 1200 K Street
                                                 (1950–   )                                          NW, Washington, DC 20005, 202–326–                    Order 12866.
                                                                                                     4400 ext. 3839. (TTY users may call the                  Because no general notice of proposed
                                             Subpart J—[Amended]                                     Federal relay service toll-free at 1–800–             rulemaking is required for this
                                                                                                     877–8339 and ask to be connected to                   amendment, the Regulatory Flexibility
                                             ■ 1. The authority citation for subpart J               202–326–4400, ext. 3839.)                             Act of 1980 does not apply. See 5 U.S.C.
                                             of part 404 continues to read as follows:                                                                     601(2).
                                                                                                     SUPPLEMENTARY INFORMATION: PBGC’s
                                                Authority: Secs. 201(j), 204(f), 205(a)–(b),         regulation on Benefits Payable in                     List of Subjects in 29 CFR Part 4022
                                             (d)–(h), and (j), 221, 223(i), 225, and 702(a)(5)       Terminated Single-Employer Plans (29
                                             of the Social Security Act (42 U.S.C. 401(j),                                                                   Employee benefit plans, Pension
                                             404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i),
                                                                                                     CFR part 4022) prescribes actuarial                   insurance, Pensions, Reporting and
                                             425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96         assumptions—including interest                        recordkeeping requirements.
                                                                                                     assumptions—for paying plan benefits
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                                             Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)–
                                             (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42          under terminated single-employer plans                  1 Appendix B to PBGC’s regulation on Allocation

                                             U.S.C. 421 note); sec. 202, Pub. L. 108–203,            covered by title IV of the Employee                   of Assets in Single-Employer Plans (29 CFR part
                                             118 Stat. 509 (42 U.S.C. 902 note).                     Retirement Income Security Act of 1974.               4044) prescribes interest assumptions for valuing
                                                                                                                                                           benefits under terminating covered single-employer
                                                                                                     The interest assumptions in the                       plans for purposes of allocation of assets under
                                             § 404.942    [Amended]
                                                                                                     regulation are also published on PBGC’s               ERISA section 4044. Those assumptions are
                                             ■   2. In § 404.942, remove paragraph (g).              website (http://www.pbgc.gov).                        updated quarterly.



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                                             40454            Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations

                                               In consideration of the foregoing, 29                 PART 4022—BENEFITS PAYABLE IN                                 ■ 2. In appendix B to part 4022, Rate Set
                                             CFR part 4022 is amended as follows:                    TERMINATED SINGLE-EMPLOYER                                    299 is added at the end of the table to
                                                                                                     PLANS                                                         read as follows:
                                                                                                     ■ 1. The authority citation for part 4022                     Appendix B to Part 4022—Lump Sum
                                                                                                     continues to read as follows:                                 Interest Rates For PBGC Payments
                                                                                                       Authority: 29 U.S.C. 1302, 1322, 1322b,                     *     *      *          *   *
                                                                                                     1341(c)(3)(D), and 1344.

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


                                                      *                        *                         *                       *                       *                           *                    *
                                                   299                9–1–18             10–1–18                  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
                                             299 is added at the end of the table to                 Interest Rates For Private-Sector
                                             read as follows:                                        Payments
                                                                                                     *        *      *       *       *

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


                                                      *                        *                         *                       *                       *                           *                    *
                                                   299                9–1–18             10–1–18                  1.25                   4.00                4.00                   4.00              7          8



                                               Issued in Washington, DC.                             ADDRESSES:   The docket for this                              Vessels able to pass through the bridge
                                             Hilary Duke,                                            deviation, USCG–2018–0782, is                                 in the closed position may do so at
                                             Assistant General Counsel for Regulatory                available at http://www.regulations.gov.                      anytime. The bridge will be able to open
                                             Affairs, Pension Benefit Guaranty                       Type the docket number in the                                 for emergencies and there is no
                                             Corporation.                                            ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                          immediate alternate route for vessels to
                                             [FR Doc. 2018–17351 Filed 8–14–18; 8:45 am]             Click on Open Docket Folder on the line                       pass. The Coast Guard will also inform
                                             BILLING CODE 7709–02–P                                  associated with this deviation.                               the users of the waterway through our
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                           Local and Broadcast Notices to Mariners
                                                                                                     you have questions on this temporary                          of the change in operating schedule for
                                             DEPARTMENT OF HOMELAND                                  deviation, call or email Carl T. Hausner,                     the bridge so that vessel operators can
                                             SECURITY                                                Chief, Bridge Section, Eleventh Coast                         arrange their transits to minimize any
                                                                                                     Guard District; telephone 510–437–                            impact caused by the temporary
                                             Coast Guard                                             3516, email Carl.T.Hausner@uscg.mil.                          deviation.
                                                                                                     SUPPLEMENTARY INFORMATION: The                                   In accordance with 33 CFR 117.35(e),
                                             33 CFR Part 117
                                                                                                     California Department of Transportation                       the drawbridge must return to its regular
                                             [Docket No. USCG–2018–0782]                             has requested a temporary change to the                       operating schedule immediately at the
                                                                                                     operation of the Tower Drawbridge,                            end of the effective period of this
                                             Drawbridge Operation Regulation;                        mile 59.0, over Sacramento River, at
                                             Sacramento River, Sacramento, CA                                                                                      temporary deviation. This deviation
                                                                                                     Sacramento, CA. The drawbridge
                                                                                                                                                                   from the operating regulations is
                                             AGENCY: Coast Guard, DHS.                               navigation span provides a vertical
                                                                                                     clearance of 30 feet above Mean High                          authorized under 33 CFR 117.35.
                                             ACTION:Notice of deviation from
                                             drawbridge regulation.                                  Water in the closed-to-navigation                               Dated: August 9, 2018.
                                                                                                     position. The draw operates as required                       Carl T. Hausner,
                                             SUMMARY:   The Coast Guard has issued a                 by 33 CFR 117.189(a). Navigation on the                       District Bridge Chief, Eleventh Coast Guard
                                             temporary deviation from the operating                  waterway is commercial and                                    District.
                                             schedule that governs the Tower                         recreational.                                                 [FR Doc. 2018–17522 Filed 8–14–18; 8:45 am]
                                             Drawbridge across the Sacramento                           The drawspan will be secured in the
                                                                                                                                                                   BILLING CODE 9110–04–P
                                             River, mile 59.0, at Sacramento, CA. The                closed-to-navigation position from 7
                                             deviation is necessary to allow                         a.m. to 9 p.m. on August 25, 2018, to
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                                             commercial filming. This deviation                      allow filming and a photoshoot for
                                             allows the bridge to remain in the                      commercial advertisement. This
                                             closed-to-navigation position.                          temporary deviation has been
                                             DATES: This deviation is effective from                 coordinated with the waterway users.
                                             7 a.m. through 9 p.m. on August 25,                     No objections to the proposed
                                             2018.                                                   temporary deviation were raised.


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Document Created: 2018-08-15 01:26:57
Document Modified: 2018-08-15 01:26:57
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, 2018.
ContactHilary Duke ([email protected]), Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005, 202-326- 4400 ext. 3839. (TTY users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4400, ext. 3839.)
FR Citation83 FR 40453 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

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