Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 34655-34656 [05-11769]

Download as PDF Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations any Canadian national (including Canadian business entities organized under the laws of Canada), dual citizen of Canada and a third country (subject to section 126.1), and permanent resident registered in Canada in accordance with the Canadian Defense Production Act, and such other Canadian Crown Corporations identified by the Department of State in a list of such persons publicly available through the Internet Web site of the Directorate of Defense Trade Controls and by other means. The defense articles, related technical data, and defense services identified in 22 CFR 121.1 continuing to require a license are: * * * * * (6) Firearms, close assault weapons and combat shotguns listed in Category I. * * * * * (10) All Category VIII(a) items, and developmental aircraft, engines and components identified in Category VIII(f). * * * * * (13) Nuclear radiation measuring devices manufactured to military specifications listed in Category XVI(c). * * * * * (18) Nuclear weapons, design and testing equipment listed in Category XVI. * * * * * (21) Man-portable air defense systems, and their parts and components, and technical data for such systems covered by Category IV. (c) Defense service exemption. A defense service is exempt from the licensing requirements of part 124 of this subchapter, when the following criteria can be met. (1) The item, technical data, defense service and transaction is not identified in paragraphs (b)(1) through (21) of this section; and * * * * * Notes to Sec. 126.5 * * * * * 2. Additional exemptions exist in other sections of this subchapter that are applicable to Canada, for example Secs. 123.9, 125.4 and 124.2, which allows for the performance of defense services related to training in basic operations and maintenance, without a license, for defense articles lawfully exported, including those identified in paragraphs (b)(1) through (21) of this section. PART 127—VIOLATIONS AND PENALTIES 9. The authority citation for part 127 is amended to read as follows: I VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 Authority: Secs. 2, 38, and 42, Pub. L. 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2791); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Com. p. 79; 22 U.S.C. 401; 22 U.S.C. 2651a; 22 U.S.C. 2779a; 22 U.S.C. 2780. 10. Section 127.12 is amended by revising paragraph (g) as follows: I § 127.12 Voluntary disclosures. * * * * * (g) Voluntary disclosures should be sent to the Office of Defense Trade Controls Compliance, Directorate of Defense Trade Controls. Exporters should consult the Directorate of Defense Trade Controls Web site at https://www.pmdtc.org for the appropriate street address. * * * * * Dated: May 10, 2005. John R. Bolton, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 05–11892 Filed 6–14–05; 8:45 am] BILLING CODE 4710–25–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 July 2005. Interest assumptions are also published on the PBGC’s Web site (https://www.pbgc.gov). DATES: Effective July 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 1–800–877–8339 and ask to be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: The PBGC’s regulations prescribe actuarial assumptions—including interest PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 34655 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 July 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 July 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 July 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 3.60 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 June 2005) of 0.10 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 are unchanged from those in effect for June 2005. 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 E:\FR\FM\15JNR1.SGM 15JNR1 34656 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations 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 July 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. Rate set * 3. In appendix C to part 4022, Rate Set 141, as set forth below, is added to the table. (The introductory text of the table is omitted.) * 141 .................................... * i2 i1 * 4.00 * * 4. The authority citation for part 4044 continues to read as follows: n2 * 7 8 * Deferred annuities (percent) Immediate annuity rate (percent) i1 i2 * i3 * 2.50 4.00 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.) n1 * 4.00 4.00 I I n1 * 4.00 4.00 Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS i3 * 2.50 * 8–1–05 7–1–05 Deferred annuities (percent) Immediate annuity rate (percent) * Before * 2. In appendix B to part 4022, Rate Set 141, as set forth below, is added to the table. (The introductory text of the table is omitted.) I Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments For plans with a valuation date On or after 1. The authority citation for part 4022 continues to read as follows: I 29 CFR Part 4044 Employee benefit plans, Pension Appendix B to Part 4022—Lump Sum insurance, Pensions. Interest Rates for PBGC Payments I In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended as * * * * * follows: * 8–1–05 7–1–05 PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. 29 CFR Part 4022 Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. Before I Rate set List of Subjects For plans with a valuation date On or after * 141 .................................... 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). n2 * 7 8 Appendix B to Part 4044—Interest Rates Used To Value Benefits * * * * * The values of it are: For valuation dates occurring in the month— it * * * July 2005 .......................................................................... Issued in Washington, DC, on this 8th day of June 2005. Vincent K. Snowbarger, Deputy Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. 05–11769 Filed 6–14–05; 8:45 am] for t = * .0360 for t = * N/A N/A Final rule. ACTION: Office of the Secretary SUMMARY: The Office of the Secretary of Defense is exempting those records contained in DCIFA 01, entitled ‘‘CIFA Operational and Analytical Records’’ when an exemption has been previously claimed for the records in another Privacy Act system of records. The exemption will preserve the exempt 32 CFR Part 311 [Administrative Instruction 81] AGENCY: Jkt 205001 * >20 .0475 it DEPARTMENT OF DEFENSE Privacy Act; Implementation 16:54 Jun 14, 2005 for t = * 1–20 BILLING CODE 7708–01–P VerDate jul<14>2003 it PO 00000 Office of the Secretary, DoD. Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1

Agencies

[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34655-34656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11769]


=======================================================================
-----------------------------------------------------------------------

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 July 2005. Interest assumptions are 
also published on the PBGC's Web site (https://www.pbgc.gov).

DATES: Effective July 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 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 July 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 July 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 July 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 3.60 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 June 2005) of 0.10 
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 are unchanged from those in effect 
for June 2005.
    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

[[Page 34656]]

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 July 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 141, 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       Immediate                     Deferred annuities (percent)
                                                       valuation date         annuity   ----------------------------------------------------------------
                    Rate set                     --------------------------     rate
                                                  On or after     Before     (percent)        i1           i2           i3           n1           n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
141.............................................       7-1-05       8-1-05         2.50         4.00         4.00         4.00            7            8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 141, 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       Immediate                     Deferred annuities (percent)
                                                       valuation date         annuity   ----------------------------------------------------------------
                    Rate set                     --------------------------     rate
                                                  On or after     Before     (percent)        i1           i2           i3           n1           n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
141.............................................       7-1-05       8-1-05         2.50         4.00         4.00         4.00            7            8
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 =
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
July 2005.........................        .0360         1-20        .0475          >20          N/A          N/A
----------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 8th day of June 2005.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 05-11769 Filed 6-14-05; 8:45 am]
BILLING CODE 7708-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.