83_FR_57528 83 FR 57307 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

83 FR 57307 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits

PENSION BENEFIT GUARANTY CORPORATION

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57307-57308
FR Document2018-24746

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single- Employer Plans to prescribe interest assumptions under the regulation for valuation dates in December 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 221 (Thursday, November 15, 2018)
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57307-57308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24746]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / 
Rules and Regulations

[[Page 57307]]



PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4022


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

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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

SUMMARY: This final rule amends the Pension Benefit Guaranty 
Corporation's regulation on Benefits Payable in Terminated Single-
Employer Plans to prescribe interest assumptions under the regulation 
for valuation dates in December 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 December 1, 2018.

FOR FURTHER INFORMATION CONTACT: Melissa Rifkin 
(rifkin.melissa@PBGC.gov), Attorney, Regulatory Affairs Division, 
Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 
20005, 202-326-4400 ext. 6563. (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. 6563.)

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 December 2018.\1\
---------------------------------------------------------------------------

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

    The December 2018 interest assumptions under the benefit payments 
regulation will be 1.50 percent for the period during which a benefit 
is in pay status and 4.00 percent during any years preceding the 
benefit's placement in pay status. In comparison with the interest 
assumptions in effect for November 2018, these assumptions represent an 
increase of 0.25% in the immediate rate and are otherwise unchanged.
    PBGC has determined that notice and public comment on this 
amendment are impracticable and contrary to the public interest. This 
finding is based on the need to determine and issue new interest 
assumptions promptly so that the assumptions can reflect current market 
conditions as accurately as possible.
    Because of the need to provide immediate guidance for the payment 
of benefits under plans with valuation dates during December 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.

    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 302 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          302           12-1-18           1-1-19             1.50             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 57308]]


0
3. In appendix C to part 4022, Rate Set 302 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          302           12-1-18           1-1-19             1.50             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. 2018-24746 Filed 11-14-18; 8:45 am]
 BILLING CODE 7709-02-P



                                                                                                                                                                                                        57307

                                             Rules and Regulations                                                                                            Federal Register
                                                                                                                                                              Vol. 83, No. 221

                                                                                                                                                              Thursday, November 15, 2018



                                             This section of the FEDERAL REGISTER                    SUPPLEMENTARY INFORMATION:     PBGC’s                    interest. This finding is based on the
                                             contains regulatory documents having general            regulation on Benefits Payable in                        need to determine and issue new
                                             applicability and legal effect, most of which           Terminated Single-Employer Plans (29                     interest assumptions promptly so that
                                             are keyed to and codified in the Code of                CFR part 4022) prescribes actuarial                      the assumptions can reflect current
                                             Federal Regulations, which is published under           assumptions—including interest                           market conditions as accurately as
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     assumptions—for paying plan benefits                     possible.
                                             The Code of Federal Regulations is sold by              under terminated single-employer plans                      Because of the need to provide
                                             the Superintendent of Documents.                        covered by title IV of the Employee                      immediate guidance for the payment of
                                                                                                     Retirement Income Security Act of 1974.                  benefits under plans with valuation
                                                                                                     The interest assumptions in the                          dates during December 2018, PBGC
                                             PENSION BENEFIT GUARANTY                                regulation are also published on PBGC’s                  finds that good cause exists for making
                                             CORPORATION                                             website (http://www.pbgc.gov).                           the assumptions set forth in this
                                                                                                        PBGC uses the interest assumptions in                 amendment effective less than 30 days
                                             29 CFR Part 4022                                        appendix B to part 4022 to determine                     after publication.
                                             Benefits Payable in Terminated Single-                  whether a benefit is payable as a lump                      PBGC has determined that this action
                                             Employer Plans; Interest Assumptions                    sum and to determine the amount to                       is not a ‘‘significant regulatory action’’
                                             for Paying Benefits                                     pay. Appendix C to part 4022 contains                    under the criteria set forth in Executive
                                                                                                     interest assumptions for private-sector                  Order 12866.
                                             AGENCY:  Pension Benefit Guaranty                       pension practitioners to refer to if they                   Because no general notice of proposed
                                             Corporation.                                            wish to use lump-sum interest rates                      rulemaking is required for this
                                                                                                     determined using PBGC’s historical                       amendment, the Regulatory Flexibility
                                             ACTION: Final rule.
                                                                                                     methodology. Currently, the rates in                     Act of 1980 does not apply. See 5 U.S.C.
                                             SUMMARY:   This final rule amends the                   appendices B and C of the benefit                        601(2).
                                             Pension Benefit Guaranty Corporation’s                  payment regulation are the same.                         List of Subjects in 29 CFR Part 4022
                                             regulation on Benefits Payable in                          The interest assumptions are intended
                                             Terminated Single-Employer Plans to                     to reflect current conditions in the                       Employee benefit plans, Pension
                                             prescribe interest assumptions under                    financial and annuity markets.                           insurance, Pensions, Reporting and
                                             the regulation for valuation dates in                   Assumptions under the benefit                            recordkeeping requirements.
                                             December 2018. The interest                             payments regulation are updated                            In consideration of the foregoing, 29
                                             assumptions are used for paying                         monthly. This final rule updates the                     CFR part 4022 is amended as follows:
                                             benefits under terminating single-                      benefit payments interest assumptions
                                             employer plans covered by the pension                   for December 2018.1                                      PART 4022—BENEFITS PAYABLE IN
                                             insurance system administered by                           The December 2018 interest                            TERMINATED SINGLE-EMPLOYER
                                             PBGC.                                                   assumptions under the benefit payments                   PLANS
                                                                                                     regulation will be 1.50 percent for the
                                             DATES: Effective December 1, 2018.                                                                               ■ 1. The authority citation for part 4022
                                                                                                     period during which a benefit is in pay
                                                                                                     status and 4.00 percent during any years                 continues to read as follows:
                                             FOR FURTHER INFORMATION CONTACT:
                                             Melissa Rifkin (rifkin.melissa@                         preceding the benefit’s placement in pay                   Authority: 29 U.S.C. 1302, 1322, 1322b,
                                             PBGC.gov), Attorney, Regulatory Affairs                 status. In comparison with the interest                  1341(c)(3)(D), and 1344.
                                             Division, Pension Benefit Guaranty                      assumptions in effect for November                       ■ 2. In appendix B to part 4022, Rate Set
                                             Corporation, 1200 K Street NW,                          2018, these assumptions represent an                     302 is added at the end of the table to
                                             Washington, DC 20005, 202–326–4400                      increase of 0.25% in the immediate rate                  read as follows:
                                             ext. 6563. (TTY users may call the                      and are otherwise unchanged.
                                             Federal relay service toll-free at 1–800–                  PBGC has determined that notice and                   Appendix B to Part 4022—Lump Sum
                                             877–8339 and ask to be connected to                     public comment on this amendment are                     Interest Rates for PBGC Payments
                                             202–326–4400, ext. 6563.)                               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


                                                         *                     *                       *                       *                        *                          *                *
                                                   302            12–1–18             1–1–19               1.50              4.00                4.00              4.00                    7            8
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                                               1 Appendix B to PBGC’s regulation on Allocation       benefits under terminating covered single-employer       ERISA section 4044. Those assumptions are
                                             of Assets in Single-Employer Plans (29 CFR part         plans for purposes of allocation of assets under         updated quarterly.
                                             4044) prescribes interest assumptions for valuing



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                                             57308            Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations

                                             ■ 3. In appendix C to part 4022, Rate Set                Appendix C to Part 4022—Lump Sum
                                             302 is added at the end of the table to                  Interest Rates for Private-Sector
                                             read as follows:                                         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


                                                         *                      *                         *                        *                        *                          *                   *
                                                   302             12–1–18             1–1–19                 1.50               4.00                4.00              4.00                 7                  8



                                               Issued in Washington, DC.                              Background                                                  interests in property that are in the
                                             Hilary Duke,
                                                                                                         On May 28, 2009, OFAC issued the                         United States, that come within the
                                             Assistant General Counsel for Regulatory                 Democratic Republic of the Congo                            United States, or that are or come within
                                             Affairs, Pension Benefit Guaranty
                                                                                                      Sanctions Regulations, 31 CFR part 547                      the possession or control of any U.S.
                                             Corporation.                                                                                                         person, of: (i) The persons listed in the
                                                                                                      (the ‘‘Regulations’’) (74 FR 25439, May
                                             [FR Doc. 2018–24746 Filed 11–14–18; 8:45 am]
                                                                                                      28, 2009) to implement Executive Order                      Annex to amended E.O. 13413; and (ii)
                                             BILLING CODE 7709–02–P
                                                                                                      13413 of October 27, 2006 (71 FR 64105,                     any person determined by the Secretary
                                                                                                      October 31, 2006) (E.O. 13413).                             of the Treasury, in consultation with the
                                                                                                                                                                  Secretary of State:
                                             DEPARTMENT OF THE TREASURY                               Executive Order 13671                                          (A) To be a political or military leader
                                                                                                         On July 8, 2014, the President,                          of a foreign armed group operating in
                                             Office of Foreign Assets Control                         invoking the authority of, inter alia, the                  the Democratic Republic of the Congo
                                                                                                      International Emergency Economic                            that impedes the disarmament,
                                             31 CFR Part 547                                          Powers Act (50 U.S.C. 1701–1706)                            demobilization, voluntary repatriation,
                                                                                                      (IEEPA) and section 5 of the United                         resettlement, or reintegration of
                                             Democratic Republic of the Congo                                                                                     combatants;
                                             Sanctions Regulations                                    Nations Participation Act (22 U.S.C.
                                                                                                      287c) (UNPA), issued Executive Order                           (B) to be a political or military leader
                                             AGENCY:  Office of Foreign Assets                        13671 (79 FR 39949, July 10, 2014) (E.O.                    of a Congolese armed group that
                                             Control, Treasury.                                       13671). In E.O. 13671, the President                        impedes the disarmament,
                                                                                                      amended E.O. 13413 to take additional                       demobilization, voluntary repatriation,
                                             ACTION: Final rule.
                                                                                                      steps to deal with the national                             resettlement, or reintegration of
                                             SUMMARY:    The Department of the                        emergency with respect to the situation                     combatants;
                                             Treasury’s Office of Foreign Assets                      in or in relation to the Democratic                            (C) to be responsible for or complicit
                                             Control (OFAC) is adopting a final rule                  Republic of the Congo declared in E.O.                      in, or to have engaged in, directly or
                                             amending the Democratic Republic of                      13413, in view of multiple United                           indirectly, any of the following in or in
                                             the Congo Sanctions Regulations to                       Nations Security Council Resolutions,                       relation to the Democratic Republic of
                                             implement Executive Order 13671 of                       including Resolution 2136 of January                        the Congo: (1) Actions or policies that
                                             July 8, 2014 (‘‘Taking Additional Steps                  30, 2014, and in light of the                               threaten the peace, security, or stability
                                             to Address the National Emergency                        continuation of activities that threaten                    of the Democratic Republic of the
                                             With Respect to the Conflict in the                      the peace, security, or stability of the                    Congo; (2) actions or policies that
                                             Democratic Republic of the Congo’’).                     Democratic Republic of the Congo and                        undermine democratic processes or
                                             This rule also incorporates other                        the surrounding region, including                           institutions in the Democratic Republic
                                             technical and conforming changes.                        operations by armed groups, widespread                      of the Congo; (3) the targeting of women,
                                                                                                      violence and atrocities, human rights                       children, or any civilians through the
                                             DATES: Effective: November 15, 2018.
                                                                                                      abuses, recruitment and use of child                        commission of acts of violence
                                             FOR FURTHER INFORMATION CONTACT: The                                                                                 (including killing, maiming, torture, or
                                             Department of the Treasury’s Office of                   soldiers, attacks on peacekeepers,
                                                                                                      obstruction of humanitarian operations,                     rape or other sexual violence),
                                             Foreign Assets Control: Assistant                                                                                    abduction, forced displacement, or
                                             Director for Licensing, tel.: 202–622–                   and exploitation of natural resources to
                                                                                                      finance persons engaged in these                            attacks on schools, hospitals, religious
                                             2480; Assistant Director for Regulatory                                                                              sites, or locations where civilians are
                                             Affairs, tel: 202–622–4855; Assistant                    activities.
                                                                                                                                                                  seeking refuge, or through conduct that
                                             Director for Sanctions Compliance &                         E.O. 13671 amends several sections of
                                                                                                                                                                  would constitute a serious abuse or
                                             Evaluation, tel.: 202–622–2490; or the                   E.O. 13413 but does not amend the
                                                                                                                                                                  violation of human rights or a violation
                                             Department of the Treasury’s Office of                   Annex to E.O. 13413 as originally
                                                                                                                                                                  of international humanitarian law; (4)
                                             the Chief Counsel (Foreign Assets                        issued. Section 1 of E.O. 13671 amends
                                                                                                                                                                  the use or recruitment of children by
                                             Control), Office of the General Counsel,                 E.O. 13413 by replacing subsection 1(a)
                                                                                                                                                                  armed groups or armed forces in the
                                             tel.: 202–622–2410.                                      of E.O. 13413 in its entirety. New
                                                                                                                                                                  context of the conflict in the Democratic
khammond on DSK30JT082PROD with RULES




                                             SUPPLEMENTARY INFORMATION:
                                                                                                      subsection 1(a) of E.O. 13413 as
                                                                                                                                                                  Republic of the Congo; (5) the
                                                                                                      amended by E.O. 13671 (‘‘amended E.O.
                                             Electronic Availability                                                                                              obstruction of the delivery or
                                                                                                      13413’’) 1 blocks all property and
                                                                                                                                                                  distribution of, or access to,
                                               This document and additional                              1 For the purposes of this subsection, the term          humanitarian assistance; (6) attacks
                                             information concerning OFAC are                          ‘‘amended E.O. 13413’’ refers to E.O. 13413 as
                                             available from OFAC’s website                            amended by E.O. 13671. Because E.O. 13671 did               E.O. 13413’’ refers to the Annex as originally issued
                                             (www.treasury.gov/ofac).                                 not amend the Annex, the term ‘‘Annex to amended            to E.O. 13413.



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Document Created: 2018-11-15 04:01:02
Document Modified: 2018-11-15 04:01:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective December 1, 2018.
ContactMelissa Rifkin ([email protected]), Attorney, Regulatory Affairs Division, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005, 202-326-4400 ext. 6563. (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. 6563.)
FR Citation83 FR 57307 
CFR AssociatedEmployee Benefit Plans; Pension Insurance; Pensions and Reporting and Recordkeeping Requirements

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