[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47867-47869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22993]
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PENSION BENEFIT GUARANTY CORPORATION
29 CFR Parts 2619 and 2676
Valuation of Plan Benefits in Single-Employer Plans; Valuation of
Plan Benefits and Plan Assets Following Mass Withdrawal; Amendments
Adopting Additional PBGC Rates
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
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SUMMARY: This final rule amends the Pension Benefit Guaranty
Corporation's regulations on Valuation of Plan Benefits in Single-
Employer Plans and Valuation of Plan Benefits and Plan Assets Following
Mass Withdrawal. The former regulation contains the interest
assumptions that the PBGC uses to value benefits under terminating
single-employer plans. The latter regulation contains the interest
assumptions for valuations of multiemployer plans that have undergone
mass withdrawal. The amendments set out in this final rule adopt the
interest assumptions applicable to single-employer plans with
termination dates in October 1995, and to multiemployer plans with
valuation dates in October 1995. The effect of these amendments is to
advise the public of the adoption of these assumptions.
EFFECTIVE DATE: October 1, 1995.
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: This rule adopts the October 1995 interest
assumptions to be used under the Pension Benefit Guaranty Corporation's
regulations on Valuation of Plan Benefits in Single-Employer Plans (29
CFR part 2619, the ``single-employer regulation'') and Valuation of
Plan Benefits and Plan Assets Following Mass Withdrawal (29 CFR part
2676, the ``multiemployer regulation'').
Part 2619 sets forth the methods for valuing plan benefits of
terminating single-employer plans covered under title IV of the
Employee Retirement Income Security Act of 1974, as amended. Under
ERISA section 4041(c), all single-employer plans wishing to terminate
in a distress termination must value guaranteed benefits and ``benefit
liabilities,'' i.e., all benefits provided under the plan as of the
plan termination date, using the formulas set forth in part 2619,
subpart C. (Plans terminating in a standard termination may, for
purposes of the Standard Termination Notice filed with PBGC, use these
formulas to value benefit liabilities, although this is not required.)
In addition, when the PBGC terminates an underfunded plan involuntarily
pursuant to ERISA section 4042(a), it uses the subpart C formulas to
determine the amount of the plan's underfunding. Part 2676 prescribes
rules for valuing benefits and certain assets of multiemployer plans
under sections 4219(c)(1)(D) and 4281(b) of ERISA.
Appendix B to part 2619 sets forth the interest rates and factors
under the single-employer regulation. Appendix B to part 2676 sets
forth the interest rates and factors under the multiemployer
regulation. Because these rates and factors are intended to reflect
current conditions in the financial and annuity markets, it is
necessary to update the rates and factors periodically.
The PBGC issues two sets of interest rates and factors, one set to
be used for the valuation of benefits to be paid as annuities and one
set for the valuation of benefits to be paid as lump sums. The same
assumptions apply to terminating single-employer plans and to
multiemployer plans that have undergone a mass withdrawal. This
amendment adds to appendix B to parts 2619 and 2676 sets of interest
rates and factors for valuing benefits in single-employer plans that
have termination dates during October 1995 and multiemployer plans that
have undergone mass withdrawal and have valuation dates during October
1995.
For annuity benefits, the interest rates will be 6.30% for the
first 20 years following the valuation date and 5.75% thereafter. For
benefits to be paid as lump sums, the interest assumptions to be used
by the PBGC will be 4.785% for the period during which benefits are in
pay status, and 4.0% during all years preceding the benefit's placement
in pay status. The above annuity interest assumptions represent a
decrease (from those in effect for September 1995) of .10 percent for
the first 20 years following the valuation date and are otherwise
unchanged. The lump sum interest assumptions represent a decrease (from
those in effect for September 1995) of .25 percent for the period
during which benefits are in pay status and the seven years directly
preceding that period. They are otherwise unchanged.
Generally, the interest rates and factors under these regulations
are in effect for at least one month. However, the PBGC publishes its
interest assumptions each month regardless of whether they represent a
change from the previous month's assumptions. The assumptions normally
will be published in the Federal Register by the 15th of the preceding
month or as close to that date as circumstances permit.
The PBGC has determined that notice and public comment on these
amendments are impracticable and contrary to the public interest. This
finding is based on the need to determine and issue new interest rates
and factors promptly so that the rates and factors can reflect, as
accurately as possible, current market conditions.
Because of the need to provide immediate guidance for the valuation
of benefits in single-employer plans whose termination dates fall
during October 1995, and in multiemployer plans that have undergone
mass withdrawal and have valuation dates during October 1995, the PBGC
finds that good cause exists for making the rates and factors set forth
in this amendment 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 it will not have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency; materially
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or raise
novel legal or policy issues arising out of legal mandates, the
[[Page 47868]]
President's priorities, or the principles 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
29 CFR Part 2619
Employee benefit plans, Pension insurance, and Pensions.
29 CFR Part 2676
Employee benefit plans and pensions.
In consideration of the foregoing, parts 2619 and 2676 of chapter
XXVI, title 29, Code of Federal Regulations, are hereby amended as
follows:
PART 2619--[AMENDED]
1. The authority citation for part 2619 continues to read as
follows:
Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.
2. In appendix B, Rate Set 24 is added to Table I, and a new entry
is added to Table II, as set forth below. The introductory text of both
tables is republished for the convenience of the reader and remains
unchanged.
Appendix B to Part 2619--Interest Rates Used To Value Lump Sums and
Annuities
Lump Sum Valuations
In determining the value of interest factors of the form
v0: n (as defined in Sec. 2619.49(b)(1)) for purposes of
applying the formulas set forth in Sec. 2619.49 (b) through (i) and
in determining the value of any interest factor used in valuing
benefits under this subpart to be paid as lump sums (including the
return of accumulated employee contributions upon death), the PBGC
shall employ the values of it set out in Table I hereof as
follows:
(1) For benefits for which the participant or beneficiary is
entitled to be in pay status on the valuation date, the immediate
annuity rate shall apply.
(2) For benefits for which the deferral period is y years (y is
an integer and 0 < y=""> n1, interest rate i1
shall apply from the valuation date for a period of y years;
thereafter the immediate annuity rate shall apply.
(3) For benefits for which the deferral period is y years (y is
an integer and n1 < y=""> n + n2), interest rate
i2 shall apply from the valuation date for a period of y -
n1 years, interest rate i1 shall apply for the following
n1 years; thereafter the immediate annuity rate shall apply.
(4) For benefits for which the deferral period is y years (y is
an integer and y > n1 + n2), interest rate i3 shall
apply from the valuation date for a period of y - n1 - n2
years, interest rate i2 shall apply for the following n2
years, interest rate i1 shall apply for the following n1
years; thereafter the immediate annuity rate shall apply.
Table I
[Lump sum valuations]
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For plans with a valuation Deferred annuities (percent)
date Immediate ---------------------------------------------------------------------
Rate set ---------------------------- annuity rate
On or after Before (percent) i1 i2 i3 n1 n2
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* * * * * * *
24.................................... 10-1-95 11-1-95 4.75 4.00 4.00 4.00 7 8
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Annuity Valuations
In determining the value of interest factors of the form v0
: n (as defined in Sec. 2619.49(b)(1)) for purposes of applying the
formulas set forth in Sec. 2619.49 (b) through (i) and in
determining the value of any interest factor used in valuing annuity
benefits under this subpart, the plan administrator shall use the
values of it prescribed in Table II hereof.
The following table tabulates, for each calendar month of
valuation ending after the effective date of this part, the interest
rates (denoted by i1, i2 * * *, and referred to generally
as it) assumed to be in effect between specified anniversaries
of a valuation date that occurs within that calendar month; those
anniversaries are specified in the columns adjacent to the rates.
The last listed rate is assumed to be in effect after the last
listed anniversary date.
Table II
[Annuity valuations]
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The values of it are:
For valuation dates occurring in the -----------------------------------------------------------------------
month-- it for t = it for t = it for t =
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* * * * * *
*
October 1995............................ .0630 1-20 .0575 >20 N/A N/A
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PART 2676--[AMENDED]
3. The authority citation for part 2676 continues to read as
follows:
Authority: 29 U.S.C. 1302(b)(3), 1399(c)(1)(D), 1441(b)(1).
4. In appendix B, Rate Set 24 is added to Table I, and a new entry
is added to Table II, as set forth below. The introductory text of both
tables is republished for the convenience of the reader and remains
unchanged.
Appendix B to Part 2676--Interest Rates Used To Value Lump Sums and
Annuities
Lump Sum Valuations
In determining the value of interest factors of the form v0
: n (as defined in Sec. 2676.13(b)(1)) for purposes of applying the
formulas set forth in Sec. 2676.13 (b) through (i) and in
determining the value of any interest factor used in valuing
benefits under this subpart to be paid as lump sums, the PBGC shall
use the values of it prescribed in Table I hereof. The interest
rates set forth in Table I shall be used by the PBGC to calculate
benefits payable as lump sum benefits as follows:
(1) For benefits for which the participant or beneficiary is
entitled to be in pay status on the valuation date, the immediate
annuity rate shall apply.
(2) For benefits for which the deferral period is y years (y is
an integer and 0 < y=""> n1), interest rate i1
shall apply from the valuation date for a period of y years;
thereafter the immediate annuity rate shall apply.
[[Page 47869]]
(3) For benefits for which the deferral period is y years (y is
an integer and n1 < y=""> n1 + n2), interest
rate i2 shall apply from the valuation date for a period of y -
n1 years, interest rate i1 shall apply for the following
n1 years; thereafter the immediate annuity rate shall apply.
(4) For benefits for which the deferral period is y years (y is
an integer and y > n1 + n2), interest rate i3 shall
apply from the valuation date for a period of y - n1 - n2
years, interest rate i2 shall apply for the following n2
years, interest rate i1 shall apply for the following n1
years; thereafter the immediate annuity rate shall apply.
Table I
[Lump sum valuations]
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For plans with a valuation Deferred annuities (percent)
date Immediate ---------------------------------------------------------------------
Rate set ---------------------------- annuity rate
On or after Before (percent) i1 i2 i3 n1 n2
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* * * * * * *
24...................................... 10-1-95 11-1-95 4.75 4.00 4.00 4.00 7 8
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Annuity Valuations
In determining the value of interest factors of the form v0
: n (as defined in Sec. 2676.13(b)(1)) for purposes of applying the
formulas set forth in Sec. 2676.13 (b) through (i) and in
determining the value of any interest factor used in valuing annuity
benefits under this subpart, the plan administrator shall use the
values of it prescribed in the table below.
The following table tabulates, for each calendar month of
valuation ending after the effective date of this part, the interest
rates (denoted by i1, i2, * * *, and referred to generally
as it) assumed to be in effect between specified anniversaries
of a valuation date that occurs within that calendar month; those
anniversaries are specified in the columns adjacent to the rates.
The last listed rate is assumed to be in effect after the last
listed anniversary date.
Table II
[Annuity valuations]
----------------------------------------------------------------------------------------------------------------
The values of it are:
For valuation dates occurring in the -----------------------------------------------------------------------
month-- it for t = it for t = it for t =
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
October 1995............................ .0630 1-20 .0575 >20 N/A N/A
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Issued in Washington, DC, on this 12th day of September 1995.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
FR Doc. 95-22993 Filed 9-14-95; 8:45 am]
BILLING CODE 7708-01-M
