96-31713. Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets; Expected Retirement Age  

  • [Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
    [Rules and Regulations]
    [Pages 65476-65477]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-31713]
    
    
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    PENSION BENEFIT GUARANTY CORPORATION
    29 CFR Part 4044
    
    
    Allocation of Assets in Single-Employer Plans; Valuation of 
    Benefits and Assets; Expected Retirement Age
    
    AGENCY: Pension Benefit Guaranty Corporation.
    
    ACTION: Final rule.
    
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    SUMMARY: This rule amends the Pension Benefit Guaranty Corporation's 
    regulation on Allocation of Assets in Single-Employer Plans by 
    substituting new Table I-97 in place of existing Table I-96 in appendix 
    D. Table I-97 applies to any plan being terminated either in a distress 
    termination or involuntarily by the PBGC with a valuation date falling 
    in 1997, and is used to determine expected retirement ages for plan 
    participants. This table is needed in order to compute the value of 
    early retirement benefits and, thus, the total value of benefits under 
    the plan.
    
    EFFECTIVE DATE: January 1, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General 
    Counsel, Office of the General Counsel, Pension Benefit Guaranty 
    Corporation, 1200 K Street, NW., Washington, DC 20005-4026; 202-326-
    4024 (202-326-4179 for TTY and TDD).
    
    SUPPLEMENTARY INFORMATION: The PBGC's regulation on Allocation of 
    Assets in Single-Employer Plans (29 CFR part 4044) sets forth (in 
    subpart B) the methods for valuing plan benefits of terminating single-
    employer plans covered under Title IV of the Employee Retirement Income 
    Security Act of 1974. Under ERISA section 4041(c), plans wishing to 
    terminate in a distress termination must value guaranteed benefits and 
    benefit liabilities under the plan in accordance with part 4044, 
    subpart B. In addition, when the PBGC terminates an underfunded plan 
    involuntarily pursuant to ERISA Section 4042(a), it uses the subpart B 
    valuation rules to determine the amount of the plan's underfunding.
        Under Sec. 4044.51(b), early retirement benefits are valued based 
    on the annuity starting date, if a retirement date has been selected, 
    or the expected retirement age, if the annuity starting date is not 
    known on the valuation date. Sections 4044.55 through 4044.57 set forth 
    rules for determining the expected retirement ages for plan 
    participants entitled to early retirement benefits. Appendix D of part 
    4044 contains tables to be used in determining the expected early 
    retirement ages.
        Table I in appendix D (Selection of Retirement Rate Category) is 
    used to determine whether a participant has a low, medium, or high 
    probability of retiring early. The determination is based on the year a 
    participant would reach ``unreduced retirement age'' (i.e., the earlier 
    of the normal retirement age or the age at which an unreduced benefit 
    is first payable) and the participant's monthly benefit at unreduced 
    retirement age. The table applies only to plans with valuation dates in 
    the current year and is updated annually by the PBGC to reflect changes 
    in the cost of living, etc.
        Tables II-A, II-B, and II-C (Expected Retirement Ages for 
    Individuals in the Low, Medium, and High Categories respectively) are 
    used to determine the expected retirement age after the probability of 
    early retirement has been determined using Table I. These tables 
    establish, by probability category, the expected retirement age based 
    on both the earliest age a participant could retire under the plan and 
    the unreduced retirement age. This expected retirement age is used to 
    compute the value of the early retirement benefit and, thus, the total 
    value of benefits under the plan.
        This document amends appendix D to replace Table I-96 with Table I-
    97 in order to provide an updated correlation, appropriate for calendar 
    year 1997, between the amount of a participant's benefit and the 
    probability that the participant will elect early retirement. Table I-
    97 will be used to value benefits in plans with valuation dates during 
    calendar year 1997.
        The PBGC has determined that notice of and public comment on this 
    rule are impracticable and contrary to the public interest. Plan 
    administrators need to be able to estimate accurately the value of plan 
    benefits as early as possible before initiating the termination 
    process. For that purpose, if a plan has a valuation date in 1997, the 
    plan administrator needs the updated table being promulgated in this 
    rule. Accordingly, the public interest is best served by issuing this 
    table expeditiously, without an opportunity for notice and comment, to 
    allow as much time as possible to estimate the value of plan benefits 
    with the proper table for plans with valuation dates in early 1997. 
    Moreover, because of the need to provide immediate guidance for the 
    valuation of benefits under such plans, and because no adjustment by 
    ongoing plans is required by this amendment, the PBGC finds that good 
    cause exists for making this amendment to the regulation effective less 
    than 30 days after publication.
        The 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 regulation, the Regulatory Flexibility Act of 1980 does not apply 
    (5 U.S.C. 601(2)).
    
    List of Subjects in 29 CFR Part 4044
    
        Pension insurance, Pensions.
    
        In consideration of the foregoing, 29 CFR part 4044 is amended as 
    follows:
    
    PART 4044--[AMENDED]
    
        1. The authority citation for part 4044 continues to read as 
    follows:
    
        Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.
    
        2. Appendix D to part 4044 is amended by removing Table I-96 and 
    adding in its place Table I-97 to read as follows:
    
    Appendix D to Part 4044--Tables Used to Determine Expected 
    Retirement Age
    
                                    Table I-97--Selection of Retirement Rate Category                               
                  [For Plans with valuation dates after December 31, 1996, and before January 1, 1998]              
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                                                                Participant's Retirement Rate Category is--         
                                                     ---------------------------------------------------------------
                                                                       Medium \2\ if monthly benefit    High \3\ if 
            Participant reaches URA in year--           Low \1\ if               at URA is                monthly   
                                                          monthly    -------------------------------- benefit at URA
                                                      benefit at URA                                    is greater  
                                                      is less than--       From             To            than--    
    ----------------------------------------------------------------------------------------------------------------
    1998............................................             409             409           1,723           1,723
    1999............................................             421             421           1,771           1,771
    
    [[Page 65477]]
    
                                                                                                                    
    2000............................................             432             432           1,821           1,821
    2001............................................             445             445           1,872           1,872
    2002............................................             457             457           1,924           1,924
    2003............................................             470             470           1,978           1,978
    2004............................................             483             483           2,033           2,033
    2005............................................             496             496           2,090           2,090
    2006............................................             510             510           2,149           2,149
    2007 or later...................................             525             525           2,209          2,209 
    ----------------------------------------------------------------------------------------------------------------
    \1\ Table II-A.                                                                                                 
    \2\ Table II-B.                                                                                                 
    \3\ Table II-C.                                                                                                 
    
    * * * * *
        Issued at Washington, D.C., this 10th day of December, 1996.
    Martin Slate,
    Executive Director, Pension Benefit Guaranty Corporation.
    [FR Doc. 96-31713 Filed 12-12-96; 8:45 am]
    BILLING CODE 7708-01-P
    
    
    

Document Information

Effective Date:
1/1/1997
Published:
12/13/1996
Department:
Pension Benefit Guaranty Corporation
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-31713
Dates:
January 1, 1997.
Pages:
65476-65477 (2 pages)
PDF File:
96-31713.pdf
CFR: (1)
29 CFR 4044