Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 25470-25472 [05-9548]
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25470
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations
(e) The completed application must
be sent in duplicate to the USAID
Registrar, Office of Private Voluntary
Cooperation—American Schools &
Hospitals Abroad, 1300 Pennsylvania
Avenue, NW., Washington, DC 20523–
7600.
§ 203.8 IPVO annual documentation
requirements.
(a) To maintain its registration, each
registered IPVO must submit documents
and forms, in English, annually. The
submission instructions and forms
packet are available at USAID Web site
www.usaid.gov Keyword: PVO
Registration. The completed submission
must include:
(1) Audited financial statements for
the most recent fiscal year prepared on
an accrual basis in accordance with
GAAP or generally accepted accounting
standards for IPVO’s country of
domicile by an independent CPA; or
unaudited financial statements if total
support and revenue is less than
$50,000 in U.S. dollars;
(2) Annual report or similar document
that describes overall program activities
for the same year as the audit, including
a list of board members;
(3) International Executive Contact
Data Sheet; and
(4) AID Form 200–1, PVO
Classification Form.
(b) IPVOs also must submit any
amendments, if applicable, to its articles
of incorporation, charter, or bylaws and
any changes in the tax-exempt status.
(c) Submission is due within six
months after the close of the IPVO’s
fiscal year.
(d) In addition, each registrant must
submit such other information as
USAID may reasonably require to
determine that the organization
continues to meet the Conditions of
Registration.
(e) USAID may revise this list of
documents from time to time.
(f) Other USAID officials may request
information similar to that submitted
under these regulations for other
purposes; for example, to determine the
IPVO’s eligibility for a particular grant
or cooperative agreement.
(g) The completed submission must
be sent annually in English to the
USAID Registrar, Office of Private
Voluntary Cooperation—American
Schools & Hospitals Abroad, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20523–7600.
§ 203.9
Denial of registration.
(a) Notification of denial of
registration. Denial of registration by
USAID will include written notice to
the applicant stating the grounds for the
denial.
VerDate jul<14>2003
19:24 May 12, 2005
Jkt 205001
(b) Reconsideration. Within 30 days
after receipt of a denial notification an
organization may request that its
application be reconsidered. USAID will
consider the request and inform the
applicant in writing of USAID’s
subsequent decision.
(c) Resubmission. An organization
may at any time submit a new
application for registration.
§ 203.10
Termination of registration.
(a) Reasons. USAID may terminate
registration for any of the following
reasons if the registrant:
(1) Relinquishes its registration status
voluntarily upon written notice to
USAID;
(2) Fails to comply with the
documentation requirements or the
Conditions of Registration;
(3) Uses promotional material or
advertisements suggesting that its
USAID registration is an endorsement;
or
(4) Refuses to transfer to USAID any
records, documents, copies of such
records or documents, or information
referred to in this regulation and within
the registrant’s control within a
reasonable time after USAID request
them.
(b) Notification of termination of
registration. Termination by USAID will
include written notice to the registrant
stating the grounds for the termination.
(c) Reconsideration. Within 30 days
after receipt of a termination
notification an organization may request
that its termination be reconsidered.
USAID will consider the request and
inform the registrant in writing of
USAID’s subsequent decision. In
addition, USAID may, at its own
discretion, reconsider a termination of
registration at any time.
(d) Resubmission. An organization
may at any time submit a new
application for registration.
§ 203.11 Access to records and
communications.
(a) All records, reports, and other
documents that are made available to
USAID pursuant to this regulation must
be made available for public inspection
and copying, pursuant to the Freedom
of Information Act and other applicable
laws.
(b) Communications from USAID will
only be sent to the applicant’s or
registrant’s headquarters.
§ 203.12 Cooperative Development
Organizations (CDOs).
CDOs are not PVOs for purposes of
registration under this part. CDOs as
part of the larger PVO community will
continue to be listed in the U.S. PVO
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Registry at www.usaid.gov Keyword:
Registry and will continue to be eligible
for assistance that is otherwise available
to registered U.S. PVOs. In order to be
listed in the Registry as a CDO, the CDO
must comply with the annual
documentation requirements of § 203.5.
A CDO applying for registration or
registered under this part as a U.S. PVO
must comply with the requirements of
this part.
§ 203.13
Delegation of authority.
The Administrator of USAID or his/
her designee may delegate authority to
the Assistant Administrator of the
Bureau for Democracy, Conflict and
Humanitarian Assistance to administer
the registration process and, in
particular, the authority to waive,
withdraw, or amend any or all of the
provisions within this part.
Dated: May 5, 2005.
Mary Newton,
Registrar, Private Voluntary Cooperation—
American Schools & Hospitals Abroad,
Bureau for Democracy, Conflict and
Humanitarian Assistance.
[FR Doc. 05–9544 Filed 5–12–05; 8:45 am]
BILLING CODE 6116–01–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets
in Single-Employer Plans; Interest
Assumptions for Valuing and Paying
Benefits
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation’s regulations on Benefits
Payable in Terminated Single-Employer
Plans and Allocation of Assets in
Single-Employer Plans prescribe interest
assumptions for valuing and paying
benefits under terminating singleemployer plans. This final rule amends
the regulations to adopt interest
assumptions for plans with valuation
dates in May 2005. Interest assumptions
are also published on the PBGC’s Web
site (https://www.pbgc.gov).
EFFECTIVE DATE: June 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Attorney, Legislative
and Regulatory Department, Pension
Benefit Guaranty Corporation, 1200 K
Street, NW., Washington, DC 20005,
202–326–4024. (TTY/TDD users may
call the Federal relay service toll-free at
E:\FR\FM\13MYR1.SGM
13MYR1
25471
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations
1–800–877–8339 and ask to be
connected to 202–326–4024.)
SUPPLEMENTARY INFORMATION: The
PBGC’s regulations prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits of terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions are intended to reflect
current conditions in the financial and
annuity markets.
Three sets of interest assumptions are
prescribed: (1) A set for the valuation of
benefits for allocation purposes under
section 4044 (found in Appendix B to
Part 4044), (2) a set for the PBGC to use
to determine whether a benefit is
payable as a lump sum and to determine
lump-sum amounts to be paid by the
PBGC (found in Appendix B to Part
4022), and (3) a set for private-sector
pension practitioners to refer to if they
wish to use lump-sum interest rates
determined using the PBGC’s historical
methodology (found in Appendix C to
Part 4022).
Accordingly, this amendment (1) adds
to Appendix B to Part 4044 the interest
assumptions for valuing benefits for
allocation purposes in plans with
valuation dates during June 2005, (2)
adds to Appendix B to Part 4022 the
interest assumptions for the PBGC to
use for its own lump-sum payments in
plans with valuation dates during June
2005, and (3) adds to Appendix C to
Part 4022 the interest assumptions for
private-sector pension practitioners to
refer to if they wish to use lump-sum
interest rates determined using the
PBGC’s historical methodology for
valuation dates during June 2005.
Rate set
For plans with a valuation
date
On or after
*
140
Before
3. In appendix C to part 4022, Rate Set
140, as set forth below, is added to the
table. (The introductory text of the table
is omitted.)
I
For plans with a valuation
date
On or after
*
140
VerDate jul<14>2003
Before
19:24 May 12, 2005
29 CFR Part 4022
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
29 CFR Part 4044
Employee benefit plans, Pension
insurance, Pensions.
In consideration of the foregoing, 29
CFR parts 4022 and 4044 are amended as
follows:
I
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
1. The authority citation for part 4022
continues to read as follows:
I
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
2. In appendix B to part 4022, Rate Set
140, as set forth below, is added to the
table. (The introductory text of the table
is omitted.)
I
Appendix B to Part 4022—Lump Sum
Interest Rates For PBGC Payments
*
*
*
*
*
i3
4.00
*
n1
*
4.00
n2
*
7
8
n1
n2
Appendix C to Part 4022—Lump Sum
Interest Rates For Private-Sector
Payments
*
*
*
*
*
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
7–1–05
Jkt 205001
List of Subjects
i2
*
4.00
2.50
*
6–1–05
i1
*
7–1–05
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 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).
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
6–1–05
Rate set
For valuation of benefits for allocation
purposes, the interest assumptions that
the PBGC will use (set forth in
Appendix B to part 4044) will be 3.70
percent for the first 20 years following
the valuation date and 4.75 percent
thereafter. These interest assumptions
represent a decrease (from those in
effect for May 2005) of 0.20 percent for
the first 20 years following the valuation
date and are otherwise unchanged.
The interest assumptions that the
PBGC will use for its own lump-sum
payments (set forth in Appendix B to
part 4022) will be 2.50 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. These interest assumptions
represent a decrease (from those in
effect for May 2005) of 0.25 percent for
the period during which a benefit is in
pay status and are otherwise unchanged.
For private-sector payments, the
interest assumptions (set forth in
Appendix C to part 4022) will be the
same as those used by the PBGC for
determining and paying lump sums (set
forth in Appendix B to part 4022).
The 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, as
accurately as possible, current market
conditions.
Because of the need to provide
immediate guidance for the valuation
and payment of benefits in plans with
valuation dates during June 2005, the
PBGC finds that good cause exists for
making the assumptions set forth in this
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25472
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
table. (The introductory text of the table
is omitted.)
5. In appendix B to part 4044, a new
entry, as set forth below, is added to the
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
I
4. The authority citation for part 4044
continues to read as follows:
I
*
*
*
*
*
The values of it are:
For valuation dates occurring in the month—
it
*
*
*
June 2005 .........................................................................
Issued in Washington, DC, on this 6th day
of May 2005.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit
Guaranty Corporation.
[FR Doc. 05–9548 Filed 5–12–05; 8:45 am]
BILLING CODE 7708–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 938
[PA–124–FOR]
Pennsylvania Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
SUMMARY: We are approving, with
certain exceptions, a proposed
amendment to the Pennsylvania
program under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Pennsylvania
proposed to revise its Surface Mining
Conservation and Reclamation Act
(PASMCRA) and implementing
regulations at 25 Pa Code Chapters 86–
90 with regard to various issues
including bonding, remining and
reclamation, postmining discharges, and
water supply protection/replacement.
Pennsylvania revised its program to
provide additional safeguards and
clarify ambiguities.
DATES: Effective Date: May 13, 2005.
FOR FURTHER INFORMATION CONTACT:
George Rieger, Director, Pittsburgh Field
Division; Telephone: (717) 782–4036; email: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VerDate jul<14>2003
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for t =
it
for t =
1–20
*
.0475
>20
*
.0370
VI. Effect of Director’s Decision
VII. Procedural Determinations
I. Background on the Pennsylvania
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its State program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of the Act * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to the Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the
Pennsylvania program on July 30, 1982.
You can find background information
on the Pennsylvania program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval in the July 30, 1982, Federal
Register (47 FR 33050). You can also
find later actions concerning
Pennsylvania’s program and program
amendments at 30 CFR 938.11, 938.12,
938.15 and 938.16.
II. Submission of the Proposed
Amendment
By letter dated December 18, 1998
(Administrative Record No. PA 853.01),
the Pennsylvania Department of
Environmental Protection (PADEP)
submitted a proposed amendment to its
program covering various issues
including bonding, remining and
reclamation, postmining discharges, and
water supply protection/replacement.
The proposal included two documents:
‘‘Provisions of Pennsylvania’s Statute—
Surface Mining Conservation and
Reclamation Act—Submitted for
Program Amendment’’ and ‘‘Provisions
of Pennsylvania’s Regulations—25 Pa.
Code Chapters 86–90—Submitted for
Program Amendment.’’
PO 00000
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it
*
for t =
*
N/A
N/A
We announced receipt of the
proposed amendment in the March 12,
1999 Federal Register (64 FR 12269),
and in the same document invited
public comment and provided an
opportunity for a public hearing on the
adequacy of the proposed amendment.
The public comment period closed on
April 12, 1999. Please refer to the March
12, 1999, Federal Register for additional
background information. In the July 8,
1999 Federal Register (64 FR 36828), we
reopened the comment period in
response to a June 1, 1999, letter
(Administrative Record No. PA 853.11)
from PADEP regarding deletion of the
definition of the term ‘‘best professional
judgment’’ at 25 Pa. Code 87.202 and 25
Pa. Code 88.502, and the deletion of
subsections 25 Pa. Code 87.207(b) and
25 Pa. Code 88.507(b). The reopened
public comment period ended on July
23, 1999. We received comments from:
the Pennsylvania Historical and
Museum Commission dated January 14,
1999 (Administrative Record No. PA
853.03); the United States Department of
Agriculture, Natural Resources
Conservation Service dated January 19,
1999 (Administrative Record No. PA
853.04); the U.S. Department of Labor,
Mine Safety and Health Administration
(MSHA), New Stanton, Pennsylvania,
Office dated January 20, 1999
(Administrative Record No. PA 853.05);
MSHA’s Wilkes-Barre, Pennsylvania,
Office dated January 26, 1999
(Administrative Record No. PA 853.06);
Amerikohl Mining, Inc. dated March 29,
1999 (Administrative Record No. PA
853.08); the Pennsylvania Coal
Association dated April 9, 1999
(Administrative Record No. PA 853.09);
Schmid and Company Inc., Consulting
Ecologists dated April 9, 1999
(Administrative Record No. PA 853.10);
and, the U.S. Environmental Protection
Agency dated May 25, 2000
(Administrative Record No. PA 853.19).
By letters dated September 22, 1999
(Administrative Record No. PA 853.14),
and April 6, 2000 (Administrative
Record No. PA 853.17), we requested
E:\FR\FM\13MYR1.SGM
13MYR1
]]>Agencies
[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Rules and Regulations]
[Pages 25470-25472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9548]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
29 CFR Parts 4022 and 4044
Benefits Payable in Terminated Single-Employer Plans; Allocation
of Assets in Single-Employer Plans; Interest Assumptions for Valuing
and Paying Benefits
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Pension Benefit Guaranty Corporation's regulations on
Benefits Payable in Terminated Single-Employer Plans and Allocation of
Assets in Single-Employer Plans prescribe interest assumptions for
valuing and paying benefits under terminating single-employer plans.
This final rule amends the regulations to adopt interest assumptions
for plans with valuation dates in May 2005. Interest assumptions are
also published on the PBGC's Web site (https://www.pbgc.gov).
EFFECTIVE DATE: June 1, 2005.
FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney,
Legislative and Regulatory Department, Pension Benefit Guaranty
Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024.
(TTY/TDD users may call the Federal relay service toll-free at
[[Page 25471]]
1-800-877-8339 and ask to be connected to 202-326-4024.)
SUPPLEMENTARY INFORMATION: The PBGC's regulations prescribe actuarial
assumptions--including interest assumptions--for valuing and paying
plan benefits of terminating single-employer plans covered by title IV
of the Employee Retirement Income Security Act of 1974. The interest
assumptions are intended to reflect current conditions in the financial
and annuity markets.
Three sets of interest assumptions are prescribed: (1) A set for
the valuation of benefits for allocation purposes under section 4044
(found in Appendix B to Part 4044), (2) a set for the PBGC to use to
determine whether a benefit is payable as a lump sum and to determine
lump-sum amounts to be paid by the PBGC (found in Appendix B to Part
4022), and (3) a set for private-sector pension practitioners to refer
to if they wish to use lump-sum interest rates determined using the
PBGC's historical methodology (found in Appendix C to Part 4022).
Accordingly, this amendment (1) adds to Appendix B to Part 4044 the
interest assumptions for valuing benefits for allocation purposes in
plans with valuation dates during June 2005, (2) adds to Appendix B to
Part 4022 the interest assumptions for the PBGC to use for its own
lump-sum payments in plans with valuation dates during June 2005, and
(3) adds to Appendix C to Part 4022 the interest assumptions for
private-sector pension practitioners to refer to if they wish to use
lump-sum interest rates determined using the PBGC's historical
methodology for valuation dates during June 2005.
For valuation of benefits for allocation purposes, the interest
assumptions that the PBGC will use (set forth in Appendix B to part
4044) will be 3.70 percent for the first 20 years following the
valuation date and 4.75 percent thereafter. These interest assumptions
represent a decrease (from those in effect for May 2005) of 0.20
percent for the first 20 years following the valuation date and are
otherwise unchanged.
The interest assumptions that the PBGC will use for its own lump-
sum payments (set forth in Appendix B to part 4022) will be 2.50
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. These interest assumptions represent a decrease (from those in
effect for May 2005) of 0.25 percent for the period during which a
benefit is in pay status and are otherwise unchanged.
For private-sector payments, the interest assumptions (set forth in
Appendix C to part 4022) will be the same as those used by the PBGC for
determining and paying lump sums (set forth in Appendix B to part
4022).
The 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, as accurately
as possible, current market conditions.
Because of the need to provide immediate guidance for the valuation
and payment of benefits in plans with valuation dates during June 2005,
the PBGC finds that good cause exists for making the assumptions 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 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 4022
Employee benefit plans, Pension insurance, Pensions, Reporting and
recordkeeping requirements.
29 CFR Part 4044
Employee benefit plans, Pension insurance, Pensions.
0
In consideration of the foregoing, 29 CFR parts 4022 and 4044 are
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 140, as set forth below, is
added to the table. (The introductory text of the table is omitted.)
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
140 6-1-05 7-1-05 2.50 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. In appendix C to part 4022, Rate Set 140, as set forth below, is
added to the table. (The introductory text of the table is omitted.)
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
140 6-1-05 7-1-05 2.50 4.00 4.00 4.00 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 25472]]
PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS
0
4. The authority citation for part 4044 continues to read as follows:
Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.
0
5. In appendix B to part 4044, a new entry, as set forth below, is
added to the table. (The introductory text of the table is omitted.)
Appendix B to Part 4044--Interest Rates Used to Value Benefits
* * * * *
----------------------------------------------------------------------------------------------------------------
The values of it are:
For valuation dates -----------------------------------------------------------------------------------
occurring in the month-- it for t = it for t = it for t =
----------------------------------------------------------------------------------------------------------------
* * * * * * *
June 2005................... .0370 1-20 .0475 >20 N/A N/A
----------------------------------------------------------------------------------------------------------------
Issued in Washington, DC, on this 6th day of May 2005.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 05-9548 Filed 5-12-05; 8:45 am]
BILLING CODE 7708-01-P
