Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 60002-60003 [05-20581]

Download as PDF 60002 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations and continue southwesterly along the pipeline to the point of beginning at the intersection of the pipeline intersection and the T23S/T24S township line in section 35, T23S/R5W (Yoncalla Quadrangle). Signed: July 22, 2005. John J. Manfreda, Administrator. Approved: September 2, 2005. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. 05–20551 Filed 10–13–05; 8:45 am] BILLING CODE 4810–31–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 November 2005. Interest assumptions are also published on the PBGC’s Web site (https://www.pbgc.gov). DATES: Effective November 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 singleemployer plans covered by title IV of Rate set 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). 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 November 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 November 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 November 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 an increase (from those in effect for October 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 an increase (from those in effect for October 2005) of 0.25 percent for the period during which a benefit is in pay status and are otherwise unchanged. For plans with a valuation date On or after VerDate Aug<31>2005 15:42 Oct 13, 2005 Jkt 208001 PO 00000 Before Frm 00016 Immediate annuity rate (percent) Fmt 4700 Sfmt 4700 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 November 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. I In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended as follows: 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 145, as set forth below, is added to the table. I Appendix B to Part 4022—Lump Sum Interest Rates For PBGC Payments * * * * * Deferred annuities (percent) i1 i2 E:\FR\FM\14OCR1.SGM i3 14OCR1 n1 n2 60003 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations Rate set For plans with a valuation date On or after * * 145 ............................................ Before * 11–1–05 3. In appendix C to part 4022, Rate Set 145, as set forth below, is added to the table. I i2 i3 * n1 n2 * 4.00 4.00 * 4.00 7 8 Appendix C to Part 4022—Lump Sum Interest Rates For Private-Sector Payments * * For plans with a valuation date On or after * * 145 ............................................ i1 * 2.50 12–1–05 * Rate set Deferred annuities (percent) Immediate annuity rate (percent) Before * Deferred annuities (percent) Immediate annuity rate (percent) * 11–1–05 * * 2.50 12–1–05 i2 i1 i3 * n1 n2 * 4.00 4.00 * 4.00 7 8 Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Appendix B to Part 4044—Interest Rates Used to Value Benefits 5. In appendix B to part 4044, a new entry for November 2005, as set forth below, is added to the table. * 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 * * * November 2005 .................................................................... Issued in Washington, DC, on this 7th day of October 2005. Vincent K. Snowbarger, Deputy Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. 05–20581 Filed 10–13–05; 8:45 am] BILLING CODE 7708–01–P DEPARTMENT OF THE TREASURY 31 CFR Part 29 RIN 1505–AB55 Federal Benefit Payments Under Certain District of Columbia Retirement Plans Departmental Offices, Treasury. Final rule. AGENCY: ACTION: SUMMARY: The Department of the Treasury is issuing final regulations to amend its DC Pensions rules promulgated pursuant to Title XI of the Balanced Budget Act of 1997, as amended, which was effective on October 1, 1997. The Act assigns to the Secretary of the Treasury responsibility for payment of benefits based on service VerDate Aug<31>2005 15:42 Oct 13, 2005 Jkt 208001 for t = * .0370 it * 1–20 accrued as of June 30, 1997, under the retirement plans for District of Columbia teachers and police officers and firefighters, and payment of past and future benefits under the retirement plan for District of Columbia judges. The amended regulations implement the provisions of the Act that provide the Secretary with the responsibility to ensure the accuracy of payments made to annuitants before the effective date of the Act. DATES: This final rule is effective October 14, 2005. FOR FURTHER INFORMATION CONTACT: Elizabeth Cuffe, Office of the General Counsel, MT Room 2209A, Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, (202–622–1682, not a toll-free call). SUPPLEMENTARY INFORMATION: On April 13, 2005, the Department of the Treasury published (at 70 FR 19366) proposed regulations to amend the regulations in Part 29 that implement Title XI of the Balanced Budget Act of 1997, Public Law 105–33, 111 Stat. 251, 712–731, 756–759, as amended (the Act). The Act transferred certain PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 for t = * >20 .0475 it N/A for t = * N/A pension liabilities from the District of Columbia Government to the Federal Government. The Act requires that the Secretary of the Treasury (the Secretary) pay certain benefits under the retirement plans for District of Columbia teachers (Teachers Plan) and police officers and firefighters (Police and Firefighters Plan) based on service accrued on or before June 30, 1997, and benefits under the retirement plan for District of Columbia judges (Judges Plan) regardless of when service accrued. On December 23, 2004, the District of Columbia Retirement Protection Improvement Act of 2004, Public Law 108–489, 118 Stat. 3966 (the 2004 Act) was enacted. The 2004 Act amended the Act, in part, to create a new fund from the two funds that had financed the Teachers Plan and the Police and Firefighters Plan and to provide the Judges Plan with procedures for resolving denied benefit claims. The Act provides the Secretary with authority to ensure the accuracy of Federal Benefit Payments made before October 1, 1997, under the Police and Firefighters Plan and the Teachers Plan. Section 11012 of the Act requires the E:\FR\FM\14OCR1.SGM 14OCR1

Agencies

[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Rules and Regulations]
[Pages 60002-60003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20581]


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

DATES: Effective November 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).
    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 November 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 November 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 November 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 an increase (from those in effect for October 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 an increase (from those in 
effect for October 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 November 
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 145, as set forth below, is 
added to the table.

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 

[[Page 60003]]

 
                                                                      * * * * * * *
145.................................................      11-1-05      12-1-05         2.50         4.00         4.00         4.00          7          8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 145, as set forth below, is 
added to the table.

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
-----------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                                                                  * * * * * * *
145.......................................      11-1-05      12-1-05         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 for November 2005, as set 
forth below, is added to the table.

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 =
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
November 2005................        .0370         1-20        .0475          >20  N/A             N/A
----------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 7th day of October 2005.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 05-20581 Filed 10-13-05; 8:45 am]
BILLING CODE 7708-01-P
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