96-17793. Interest Assumption for Determining Variable-Rate Premium; Interest on Late Premium Payments; Interest on Underpayments and Overpayments of Single-Employer Plan Termination Liability and Multiemployer Withdrawal Liability; Interest ...  

  • [Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
    [Notices]
    [Pages 36970-36971]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17793]
    
    
    
    Federal Register / Vol. 61, No. 156 / Monday, July 15, 1996 / 
    Notices
    =======================================================================
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    [[Page 36970]]
    
    PENSION BENEFIT GUARANTY CORPORATION
    
    
    Interest Assumption for Determining Variable-Rate Premium; 
    Interest on Late Premium Payments; Interest on Underpayments and 
    Overpayments of Single-Employer Plan Termination Liability and 
    Multiemployer Withdrawal Liability; Interest Assumptions for 
    Multiemployer Plan Valuations Following Mass Withdrawal
    
    AGENCY: Pension Benefit Guaranty Corporation.
    
    ACTION: Notice of interest rates and assumptions.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This notice informs the public of the interest rates and 
    assumptions to be used under certain Pension Benefit Guaranty 
    Corporation regulations. These rates and assumptions are published 
    elsewhere (or are derivable from rates published elsewhere), but are 
    collected and published in this notice for the convenience of the 
    public. Interest rates are also published on the PBGC's home page 
    (http://www.pbgc.gov).
    
    DATES: The interest assumptions for determining the variable-rate 
    premium under part 4006 apply to premium payment years beginning in 
    May, June, and July 1996. The interest assumptions for performing 
    multiemployer plan valuations following mass withdrawal under part 4281 
    apply to valuation dates occurring in August 1996. The interest rates 
    for late premium payments under part 4007 and for underpayments and 
    overpayments of single-employer plan termination liability under part 
    4062 and multiemployer withdrawal liability under part 4219 apply to 
    interest accruing during the third quarter (July through September) of 
    1996.
    
    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, 202-326-4024 
    (202-326-4179 for TTY and TDD).
    
    SUPPLEMENTARY INFORMATION: Before July 1996, the rates and assumptions 
    to be used under the PBGC regulations discussed below were set forth in 
    tables in the regulations, even though the tabulated rates were merely 
    copied from (or based on) rates published by other agencies, or were 
    identical to rates in other PBGC regulations. In a final rule effective 
    July 1, 1996 (61 FR 34001), the PBGC reorganized, renumbered, and 
    significantly shortened its regulations. Tables that simply set forth 
    information available elsewhere were among the unnecessary items that 
    were removed. The PBGC will now publish the new rates and assumptions 
    in Federal Register notices on or about the 15th of each month, with 
    tables of the rates for recent periods. The rates will be published 
    monthly or quarterly, as appropriate, regardless of whether they have 
    changed.
    
    Variable-Rate Premiums
    
        Section 4006(a)(3)(E)(iii)(II) of the Employee Retirement Income 
    Security Act of 1974 and Sec. 4006.4(b)(1) of the PBGC's regulation on 
    Premium Rates (29 CFR part 4006) prescribe methods for determining a 
    single-employer plan's unfunded vested benefits for premium computation 
    purposes. These methods (previously codified at 29 CFR part 2610) 
    involve use of an assumed interest rate equal to a specified percentage 
    (currently 80 percent) of the annual yield on 30-year Treasury 
    securities for the month preceding the beginning of the plan year for 
    which premiums are being paid. The yield figure is reported in Federal 
    Reserve Statistical Releases G.13 and H.15. The assumed interest rates 
    to be used for computing premiums for plan years beginning in May, 
    June, and July 1996 (i.e., 80 percent of the yield figures for April, 
    May, and June 1996) are 5.43 percent, 5.54 percent, and 5.65 percent 
    respectively.
        The following table lists the interest rates required under 29 CFR 
    4006.4(b)(1) to be used in valuing vested benefits for purposes of 
    determining variable-rate premiums for plans with premium payment years 
    beginning within the specified months:
    
    ------------------------------------------------------------------------
                                                                       The  
                                                                    required
                For premium payment years beginning in              interest
                                                                     rate is
    ------------------------------------------------------------------------
    August 1995...................................................      5.38
    September 1995................................................      5.49
    October 1995..................................................      5.24
    November 1995.................................................      5.10
    December 1995.................................................      5.01
    January 1996..................................................      4.85
    February 1996.................................................      4.84
    March 1996....................................................      4.99
    April 1996....................................................      5.28
    May 1996......................................................      5.43
    June 1996.....................................................      5.54
    July 1996.....................................................      5.65
    ------------------------------------------------------------------------
    
    Late Premium Payments; Underpayments and Overpayments of Single-
    employer Plan Termination Liability
    
        Section 4007(b) of ERISA and Sec. 4007.7(a) of the PBGC's 
    regulation on Payment of Premiums (29 CFR part 4007) require the 
    payment of interest on late premium payments at the rate established 
    under section 6601 of the Internal Revenue Code. Similarly, Sec. 4062.7 
    of the PBGC's regulation on Liability for Termination of Single-
    employer Plans (29 CFR part 4062) requires that interest be charged or 
    credited at the section 6601 rate on underpayments and overpayments of 
    employer liability under section 4062 of ERISA. (These provisions were 
    previously codified at 29 CFR parts 2610 and 2622.) The section 6601 
    rate is established periodically (currently quarterly) by the Internal 
    Revenue Service. The rate applicable to the third quarter (July through 
    September) of 1996, as announced by the IRS, is 9 percent.
        The following table lists the late payment interest rates under 29 
    CFR Secs. 4007.7(a) and 4062.7 for the specified time periods:
    
    ------------------------------------------------------------------------
                                                           Interest rate    
             From                    Through                 (percent)      
    ------------------------------------------------------------------------
    10/1/89...............             3/31/91                     11       
    4/1/91................            12/31/91                     10       
    1/1/92................             3/31/92                      9       
    4/1/92................             9/30/92                      8       
    10/1/92...............             6/30/94                      7       
    7/1/94................             9/30/94                      8       
    10/1/94...............             3/31/95                      9       
    4/1/95................             6/30/95                     10       
    7/1/95................             3/31/96                      9       
    4/1/96................             6/30/96                      8       
    7/1/96................             9/30/96                      9       
    ------------------------------------------------------------------------
    
    Underpayments and Overpayments of Multiemployer Withdrawal Liability
    
        Section 4219.32(b) of the PBGC's regulation on Notice, Collection, 
    and Redetermination of Withdrawal Liability (29 CFR part 4219) 
    specifies the rate at which a multiemployer plan is to charge or credit 
    interest on underpayments and overpayments of withdrawal liability 
    under section 4219 of ERISA unless an applicable plan provision 
    provides otherwise. (These provisions were previously codified at 29 
    CFR part 2644.) For interest accruing during any calendar quarter, the 
    specified rate is the average quoted prime rate on short-term 
    commercial loans for the fifteenth day (or the next business day if the 
    fifteenth day is not a business day) of the month preceding the 
    beginning of the quarter, as reported by the Board of Governors of the 
    Federal Reserve System in Statistical Release H.15 (``Selected Interest 
    Rates''). The rate for the third quarter (July through September) of 
    1996 (i.e., the rate reported for June 17, 1996) is 8.25 percent.
        The following table lists the withdrawal liability underpayment and 
    overpayment interest rates under 29
    
    [[Page 36971]]
    
    CFR Sec. 4219.32(b) for the specified time periods:
    
    ------------------------------------------------------------------------
             From                    Through              Rate (percent)    
    ------------------------------------------------------------------------
    4/1/90................             3/31/91                  10.00       
    4/1/91................             6/30/91                   9.00       
    7/1/91................             9/30/91                   8.50       
    10/1/91...............            12/31/91                   8.00       
    1/1/92................             3/31/92                   7.50       
    4/1/92................             9/30/92                   6.50       
    10/1/92...............             6/30/94                   6.00       
    7/1/94................             9/30/94                   7.25       
    10/1/94...............            12/31/94                   7.75       
    1/1/95................             3/31/95                   8.50       
    4/1/95................             9/30/95                   9.00       
    10/1/95...............             3/31/96                   8.75       
    4/1/96................             9/30/96                   8.25       
    ------------------------------------------------------------------------
    
    Multiemployer Plan Valuations Following Mass Withdrawal
    
        Section 4281.13 of the PBGC's regulation on Duties of Plan Sponsor 
    Following Mass Withdrawal (29 CFR part 4281) prescribes methods for 
    valuing benefits and certain assets of multiemployer plans following 
    mass withdrawal under sections 4219(c)(1)(D) and 4281(b) of ERISA. 
    These methods (previously codified at 29 CFR part 2676) involve use of 
    the same interest assumptions used and prescribed under the PBGC's 
    regulation on Allocation of Assets in Single-employer Plans (29 CFR 
    part 4044). However, only part 4044 actually sets forth the prescribed 
    interest assumptions; part 4281 simply refers to the assumptions in 
    part 4044. The interest assumptions applicable to valuation dates in 
    August 1996 under part 4044 are contained in an amendment to part 4044 
    published elsewhere in today's Federal Register. Tables showing the 
    assumptions applicable to prior periods are codified in appendix B to 
    29 CFR part 4044.
    
        Issued in Washington, DC, on this 5th day of July 1996.
    Martin Slate,
    Executive Director, Pension Benefit Guaranty Corporation.
    [FR Doc. 96-17793 Filed 7-12-96; 8:45 am]
    BILLING CODE 7708-01-P