Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 27959-27961 [06-4489]

Download as PDF 27959 Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Rules and Regulations Combination in grams per ton Zoalene in grams per ton (ii) 113.5 (0.0125%). * Indications for use * * Limitations * * * * * * Bacitracin 100 to 500 * * * Bambermycins 1 Feed continuously as sole ration. Do not feed to chickens over 14 weeks of age. Bambermycins as provided by No. 016592 in § 510.600(c) of this chapter. Bambermycins 1 plus roxarsone 22.7 * Broiler chickens: As an aid in the prevention and control of coccidiosis; and for increased rate of weight gain and improved feed efficiency. Broiler chickens: As an aid in the prevention and control of coccidiosis; and for increased rate of weight gain and improved feed efficiency. Feed continuously as sole ration. Do not feed to chickens over 14 weeks of age; feed as sole source of organic arsenic; withdraw 5 days before slaughter. Bambermycins as provided by No. 016592, roxarsone by No. 046573 in § 510.600(c) of this chapter. * * (2) Zoalene may also be used in combination with roxarsone as in § 558.530. Dated: May 3, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. 06–4505 Filed 5–12–06; 8:45 am] BILLING CODE 4160–01–S 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. dsatterwhite on PROD1PC76 with RULES 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 June 2006. Interest assumptions are also published on the PBGC’s Web site (https://www.pbgc.gov). DATES: Effective June 1, 2006. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K VerDate Aug<31>2005 21:49 May 12, 2006 Jkt 208001 * * 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 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 June 2006, (2) adds to appendix B to part 4022 the interest assumptions for the PBGC to use for its own lumpsum payments in plans with valuation dates during June 2006, and (3) adds to appendix C to part 4022 the interest assumptions for private-sector pension practitioners to refer to if they wish to PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 * * use lump-sum interest rates determined using the PBGC’s historical methodology for valuation dates during June 2006. 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 6.20 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 May 2006) of 0.30 percent for the first 20 years following the valuation date and are otherwise unchanged. These interest assumptions reflect the PBGC’s recently updated mortality assumptions, which are effective for terminations on or after January 1, 2006. See the PBGC’s final rule published December 2, 2005 (70 FR 72205), which is available at https:// www.pbgc.gov/docs/05-23554.pdf. Because the updated mortality assumptions reflect improvements in mortality, these interest assumptions are higher than they would have been using the old mortality assumptions. The interest assumptions that the PBGC will use for its own lump-sum payments (set forth in Appendix B to part 4022) will be 3.25 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 May 2006) 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 E:\FR\FM\15MYR1.SGM 15MYR1 27960 Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Rules and Regulations 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 current market conditions as accurately as possible. Because of the need to provide immediate guidance for the valuation and payment of benefits in plans with valuation dates during June 2006, 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 Rate set For plans with a valuation date On or after * Before * 152 For plans with a valuation date On or after 6–1–06 2. In appendix B to part 4022, Rate Set 152, as set forth below, is added to the table. I 29 CFR Part 4044 Appendix B to Part 4022—Lump Sum Interest Rates For PBGC Payments Employee benefit plans, Pension insurance, Pensions. I In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended as follows: * i2 i1 * n1 n2 * 4.00 * * * * * 4.00 7 8 n1 n2 * Deferred annuities (percent) i1 i2 * i3 * 3.25 4.00 * 4.00 * 4.00 Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. 4. The authority citation for part 4044 continues to read as follows: * Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments 7–1–06 I * i3 * 4.00 * PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS * Deferred annuity (percent) Immediate annuity rate (percent) Immediate annuity rate (percent) Before * 152 Appendix B—[Amended] Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. 3.25 3. In appendix C to part 4022, Rate Set 152, as set forth below, is added to the table. * 29 CFR Part 4022 7–1–06 I 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. * Appendix C—[Amended] PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS List of Subjects * 6–1–06 Rate set 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). 7 8 Appendix B to Part 4044—Interest Rates Used to Value Benefits Appendix B—[Amended] I 5. In appendix B to part 4044, a new entry for June 2006, as set forth below, is added to the table. The values of it are: For valuation dates occurring in the month— it dsatterwhite on PROD1PC76 with RULES * * * * June 2006 ......................................................................... VerDate Aug<31>2005 21:49 May 12, 2006 Jkt 208001 for t = PO 00000 * .0620 Frm 00012 it Fmt 4700 1–20 Sfmt 4700 for t = * it for t = * .0475 >20 E:\FR\FM\15MYR1.SGM 15MYR1 N/A N/A Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Rules and Regulations Issued in Washington, DC, on this 9th day of May 2006. Vincent K. Snowbarger, Deputy Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. 06–4489 Filed 5–12–06; 8:45 am] BILLING CODE 7709–01–P DEPARTMENT OF DEFENSE D. National Environmental Policy Act The Department of the Army has determined that the National Environmental Policy Act does not apply because the rule does not have an adverse impact on the environment. Department of the Army 32 CFR Part 635 RIN 0702–AA52–U Law Enforcement Reporting Department of the Army, DoD. Final rule. AGENCY: ACTION: SUMMARY: The Department of the Army is publishing our rule concerning law enforcement reporting, to implement portions of Section 577(b)(5) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, October 28, 2004, Public Law 108–375, pertaining to reporting of sexual assaults. This rule also implements Department of Defense policy concerning sexual assault. DATES: Effective Date: June 14, 2006. ADDRESSES: Headquarters, Department of the Army, Office of the Provost Marshal General, ATTN: DAPM–MPD– LE, 2800 Army Pentagon, Washington, DC 20310–2800. FOR FURTHER INFORMATION CONTACT: James Crumley, (703) 692–6721. SUPPLEMENTARY INFORMATION: dsatterwhite on PROD1PC76 with RULES A. Background In the December 9, 2005 issue of the Federal Register (70 FR 73181) the Department of the Army published a proposed rule, amending 32 CFR part 635. This final rule amends 32 CFR part 635 to implement portions of Section 577(b)(5) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, October 28, 2004, Public Law 108–375, pertaining to reporting of sexual assaults. This revision also implements Department of Defense policy concerning sexual assault. The Department of the Army received no responses to the proposed rule. B. Regulatory Flexibility Act The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the rule does not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601–612. VerDate Aug<31>2005 21:49 May 12, 2006 Jkt 208001 C. Unfunded Mandates Reform Act The Department of the Army has determined that the Unfunded Mandates Reform Act does not apply because the rule does not include a mandate that may result in estimated costs to State, local or tribal governments in the aggregate, or the private sector, of $100 million or more. 27961 For reasons stated in the preamble the Department of the Army amends 32 CFR part 635 to read as follows: I PART 635—LAW ENFORCEMENT REPORTING 1. The authority citation for part 635 continues to read as follows: I Authority: 28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922, 42 U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47, Pub. L. 108– 375. §§ 635.33 through 635.36 [Redesignated as §§ 635.34 through 635.37] 2. Redesignate §§ 625.33 through 635.36 as §§ 635.34 through 635.37, respectively. I E. Paperwork Reduction Act The Department of the Army has determined that the Paperwork Reduction Act does not apply because the rule does not involve collection of information from the public. §§ 635.31 and 635.32 [Redesignated as §§ 635.32 and 635.33] F. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights) The Department of the Army has determined that Executive Order 12630 does not apply because the rule does not impair private property rights. § 635.31 Procedures for Restricted/ Unrestricted Reporting in Sexual Assault Cases. G. Executive Order 12866 (Regulatory Planning and Review) The Department of the Army has determined that according to the criteria defined in Executive Order 12866 this rule is not a significant regulatory action. As such, the rule is not subject to Office of Management and Budget review under section 6(a)(3) of the Executive Order. H. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks) The Department of the Army has determined that according to the criteria defined in Executive Order 13045 this rule does not apply. I. Executive Order 13132 (Federalism) The Department of the Army has determined that according to the criteria defined in Executive Order 13132 this rule does not apply because it will not have a substantial effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Mark Darden, Chief, Law Enforcement Policy Branch. List of Subjects in 32 CFR Part 635 Crime, Law, Law enforcement, Law enforcement officers, Military law. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 3. Redesignate §§ 635.31 and 635.32 as §§ 635.32 and 635.33, respectively. I 4. A new § 635.31 is added to Subpart D to read as follows: I Active duty Soldiers, and Army National Guard and U.S. Army Reserve Soldiers who are subject to military jurisdiction under the UCMJ, can elect either restricted or unrestricted reporting if they are the victim of a sexual assault. (a) Unrestricted Reporting. Unrestricted reporting requires normal law enforcement reporting and investigative procedures. (b) Restricted reporting requires that law enforcement and criminal investigative organizations not be informed of a victim’s identity and not initiate investigative procedures. The victim may allow Sexual Assault Response Coordinators (SARC), health care providers (HCP), or chaplains to collect specific items (clothing, bedding, etc.) that may be later used as evidence, should the victim later decide to report the incident to law enforcement. In sexual assault cases additional forensic evidence may be collected using the ‘‘Sexual Assault Evidence Collection Kit,’’ NSN 6640–01–423–9132, or a suitable substitute (hereafter, ‘‘evidence kit’’). The evidence kit, other items such as clothing or bedding sheets, and any other articles provided by the HCP, SARC, or chaplain will be stored in the installation provost marshal’s evidence room separate from other evidence and property. Procedures for handling evidence specified in AR 195–5, Evidence Procedures, will be strictly followed. (c) Installation Provost Marshals will complete an information report in COPS E:\FR\FM\15MYR1.SGM 15MYR1

Agencies

[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Rules and Regulations]
[Pages 27959-27961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4489]


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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 June 2006. Interest assumptions are 
also published on the PBGC's Web site (https://www.pbgc.gov).

DATES: Effective June 1, 2006.

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 June 2006, (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 2006, 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 2006.
    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 6.20 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 May 2006) of 0.30 
percent for the first 20 years following the valuation date and are 
otherwise unchanged. These interest assumptions reflect the PBGC's 
recently updated mortality assumptions, which are effective for 
terminations on or after January 1, 2006. See the PBGC's final rule 
published December 2, 2005 (70 FR 72205), which is available at https://
www.pbgc.gov/docs/05-23554.pdf. Because the updated mortality 
assumptions reflect improvements in mortality, these interest 
assumptions are higher than they would have been using the old 
mortality assumptions.
    The interest assumptions that the PBGC will use for its own lump-
sum payments (set forth in Appendix B to part 4022) will be 3.25 
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 May 2006) 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

[[Page 27960]]

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 current market 
conditions as accurately as possible.
    Because of the need to provide immediate guidance for the valuation 
and payment of benefits in plans with valuation dates during June 2006, 
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.

Appendix B--[Amended]

0
2. In appendix B to part 4022, Rate Set 152, 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 valuation date     Immediate                                 Deferred annuity  (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i1               i2               i3               n1               n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          152            6-1-06           7-1-06             3.25             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------

Appendix C--[Amended]

0
3. In appendix C to part 4022, Rate Set 152, 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  valuation date     Immediate                                Deferred annuities  (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i1               i2               i3               n1               n2
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
 
                                                                      * * * * * * *
          152            6-1-06           7-1-06             3.25             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.

Appendix B--[Amended]

0
5. In appendix B to part 4044, a new entry for June 2006, 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 =
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
June 2006...................        .0620          1-20         .0475           >20           N/A           N/A
----------------------------------------------------------------------------------------------------------------



[[Page 27961]]

    Issued in Washington, DC, on this 9th day of May 2006.
Vincent K. Snowbarger,
Deputy Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 06-4489 Filed 5-12-06; 8:45 am]
BILLING CODE 7709-01-P
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