Mortality Tables for Determining Present Value, 29456-29472 [07-2631]
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29456
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
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Rulemaking Distribution System, which
describes the application procedure.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 to modify Class D
airspace at Castle Airport, Atwater, CA.
Local communities and aviation
concerns met with the FAA on April 26,
2007, at Atwater, CA, to present
alternative airspace designs for the
existing Class D airspace at Atwater, CA,
Castle Airport. The various airspace
alternatives presented were designed to
accommodate IFR and Visual Flight
Rules (VFR) operations in and out of
Merced Airport located 6 miles to the
south. The FAA, local communities, and
aviation concerns agreed on an
alternative that would reduce the ceiling
of the Class D airspace, modify the
southern border, and add an extension
on the north side of the Class D for the
safety of aircraft executing SIAP’s and
other IFR operations at Castle Airport.
Class D airspace will be effective during
specified dates and times established in
advance by a Notice to Airmen. The
effective date and time will, thereafter,
be published in the Airport/Facility
Directory.
Class D airspace designations for
airspace areas extending upward from
the surface of the earth are published in
Paragraph 5000 of FAA Order 7400.9P,
dated September 1, 2006, and effective
September 15, 2006, which is
incorporated by reference in 14 CFR
71.1. The Class D airspace designation
listed in this document would be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation; (1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The Proposed Amendment
DEPARTMENT OF THE TREASURY
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
Internal Revenue Service
[REG–143601–06]
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9P, Airspace
Designations and Reporting Points,
dated September 1, 2006, and effective
September 15, 2006, is amended as
follows:
Paragraph 5000
*
*
*
Class D Airspace.
*
*
AWP CA D Castle Airport, Atwater, CA
[Revised]
Castle Airport, Atwater, CA
(Lat. 37°22′50″ N, long. 120°34′05″ W.)
That airspace extending upward from the
surface to but not including 2,000 feet MSL
beginning at lat. 37°20′22″ N., long.
120°38′49″ W. and extending clockwise
around the 4.5 nautical mile radius of the
Castle Airport to lat. 37°20′02″ N., long.
120°29′39″, thence to the point of beginning
and within 1.9 miles each side of the El Nido
VORTAC 320° radial from the 4.5 nautical
mile radius to 17.6 miles from the El Nido
VORTAC. This Class D airspace area is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective dates and time will
thereafter be continuously published in the
Airport/Facility Directory.
*
*
*
*
*
Issued in Seattle, Washington, on May 11,
2007.
Clark Desing,
Manager, System Support Group Western
Service Center.
[FR Doc. E7–10257 Filed 5–25–07; 8:45 am]
BILLING CODE 4910–13–P
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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RIN 1545–BG30
Mortality Tables for Determining
Present Value
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document contains
proposed regulations providing
mortality tables to be used in
determining present value or making
any computation for purposes of
applying certain pension funding
requirements. These regulations affect
sponsors, administrators, participants,
and beneficiaries of certain retirement
plans.
Written or electronic comments
and requests for a public hearing must
be received by August 27, 2007.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–143601–06), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be handdelivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to CC:PA:LPD:PR (REG–143601–06),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS–REG–
143601–06).
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Bruce
Perlin, Lauson C. Green, or Linda S.F.
Marshall at (202) 622–6090; concerning
submissions and requests for a public
hearing, Kelly Banks at (202) 622–7180
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
DATES:
Background
Section 412 provides minimum
funding requirements for defined
benefit pension plans. The Pension
Protection Act of 2006 (PPA), Public
Law 109–280 (120 Stat. 780), makes
extensive changes to those minimum
funding requirements that generally
apply for plan years beginning on or
after January 1, 2008. Section 430,
which was added by PPA, specifies the
minimum funding requirements that
apply to defined benefit plans that are
not multiemployer plans pursuant to
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section 412.1 Section 430(a) defines the
minimum required contribution for a
defined benefit plan that is not a
multiemployer plan by reference to the
plan’s funding target for the plan year.
Under section 430(d)(1), a plan’s
funding target for a plan year generally
is the present value of all benefits
accrued or earned under the plan as of
the beginning of the plan year.
Section 430(h)(3) provides rules
regarding the mortality tables to be used
under section 430. Under section
430(h)(3)(A), except as provided in
section 430(h)(3)(C) or (D), the Secretary
is to prescribe by regulation mortality
tables to be used in determining any
present value or making any
computation under section 430. Those
tables are to be based on the actual
experience of pension plans and
projected trends in such experience. In
prescribing those tables, the Secretary is
required to take into account results of
available independent studies of
mortality of individuals covered by
pension plans. This standard for issuing
the mortality table under section
430(h)(3)(A) is the same as the standard
for issuing updated mortality tables
pursuant to the review under section
412(l)(7)(C)(ii)(III) of the mortality table
used in determining a plan’s current
liability pursuant to section
412(l)(7)(C)(ii)(I) for plan years before
the effective date of the PPA changes.
Section 430(h)(3)(C) provides rules for
a plan sponsor’s use of substitute
mortality tables. Upon the request of a
plan sponsor and approval by the
Secretary, mortality tables that meet the
requirements for substitute mortality
tables are used in determining present
value or making any computation under
section 430 during the period of
consecutive plan years (not to exceed
10) specified in the request. Substitute
mortality tables cease to be in effect as
of the earliest of the date on which there
is a significant change in the
participants in the plan by reason of a
plan spinoff or merger or otherwise, or
the date on which the plan actuary
determines that those tables do not meet
the requirements for substitute mortality
1 Section 302 of the Employee Retirement Income
Security Act of 1974, as amended (ERISA) sets forth
funding rules that are parallel to those in section
412 of the Internal Revenue Code (Code), and
section 303 of ERISA sets forth additional funding
rules for defined benefit plans (other than
multiemployer plans) that are parallel to those in
section 430 of the Code. Under section 101 of
Reorganization Plan No. 4 of 1978 (43 FR 47713)
and section 302 of ERISA, the Secretary of the
Treasury has interpretive jurisdiction over the
subject matter addressed in these proposed
regulations for purposes of ERISA, as well as the
Code. Thus, these proposed Treasury regulations
issued under section 430 of the Code apply as well
for purposes of section 303 of ERISA.
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tables. The plan sponsor’s request to use
substitute mortality tables is to be made
at least 7 months before the first day of
the first plan year for which substitute
mortality tables are to apply. A request
to use substitute mortality tables is
deemed approved unless the Secretary
denies approval for the use of those
mortality tables within 180 days of the
request (subject to extension of this
period by mutual agreement).
Mortality tables meet the
requirements for substitute mortality
tables if the pension plan has a
sufficient number of plan participants
and the plan has been maintained for a
sufficient period of time in order to have
credible mortality experience, and such
tables reflect the actual experience of
the plan and projected trends in general
mortality experience of participants in
pension plans. Except as provided by
the Secretary, a plan sponsor cannot use
substitute mortality tables for any plan
unless substitute mortality tables are
established and used for each other plan
maintained by the plan sponsor and the
plan sponsor’s controlled group.
Section 430(h)(3)(D) provides for the
use of separate mortality tables with
respect to certain individuals who are
entitled to benefits on account of
disability. These separate mortality
tables are permitted to be used with
respect to disabled individuals in lieu of
the generally applicable mortality tables
provided pursuant to section
430(h)(3)(A) or the substitute mortality
tables under section 430(h)(3)(C). The
Secretary is to establish separate tables
for individuals with disabilities
occurring in plan years beginning before
January 1, 1995, and in later plan years,
with the mortality tables for individuals
with disabilities occurring in those later
plan years applying only to individuals
who are disabled within the meaning of
Title II of the Social Security Act.
Section 431, which was added by
PPA, specifies the minimum funding
requirements that apply to
multiemployer plans. Under section
431(c)(6)(B), a plan’s full funding
limitation cannot be less than the excess
(if any) of 90 percent of the current
liability of the plan (including the
expected increase in current liability
due to benefits accruing during the plan
year) over the value of the plan’s assets.
Section 431(c)(6)(D)(iv)(II) provides that
the Secretary may by regulation
prescribe mortality tables to be used in
determining a plan’s current liability for
purposes of section 431(c)(6). The
standards for these mortality tables are
the same as the standards for mortality
tables to be prescribed under section
430(h)(3)(A). Section 431(c)(6)(D)(iv)(I)
provides that, until mortality tables are
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prescribed under section
431(c)(6)(D)(iv)(II), the mortality table
used in determining a plan’s current
liability for purposes of section 431(c)(6)
is the table prescribed by the Secretary
that is based on the prevailing
commissioners’ standard table
(described in section 807(d)(5)(A)) used
to determine reserves for group annuity
contracts issued on January 1, 1993.
Notice 2003–62 (2003–2 CB 576) was
issued as part of the periodic review
pursuant to section 412(l)(7)(C)(ii)(III) of
the mortality tables used in determining
current liability pursuant to section
412(l)(7)(C)(ii)(I). At the time Notice
2003–62 was issued, the IRS and the
Treasury Department were aware of two
reviews of mortality experience for
pension plan participants undertaken by
the Retirement Plans Experience
Committee of the Society of Actuaries
(the UP–94 Study and the RP–2000
Mortality Tables Report),2 and
commentators were invited to submit
any other independent studies of
pension plan mortality experience.
Notice 2003–62 also requested the
submission of studies regarding
projected trends in mortality
experience. With respect to projecting
mortality improvements, the IRS and
the Treasury Department requested
comments regarding the advantages and
disadvantages of reflecting these trends
on an ongoing basis through the use of
generational, modified generational, or
sequentially static mortality tables. See
§ 601.601(d)(2)(ii)(b) of this chapter.
On December 2, 2005, the IRS issued
proposed regulations under section
412(l)(7) (REG–124988–05, 70 FR
72260–01) setting forth mortality tables
to be used for nondisabled pension plan
participants (the 2005 proposed
regulations). Those proposed
regulations would have required plans
of 500 or more participants (including
both active and inactive participants) to
use separate mortality tables for
nonannuitant and annuitant periods.
Those separate tables were derived from
the RP–2000 mortality tables, with
different projection periods for
annuitants and nonannuitants based on
an estimate of the duration of the
respective liabilities. Small plans,
defined as those with fewer than 500
participants, would have been permitted
to use a combined table that applied the
2 The UP–94 Study, prepared by the UP–94 Task
Force of the Society of Actuaries, was published in
the Transactions of the Society of Actuaries, Vol.
XLVII (1995), p. 819. The RP–2000 Mortality Table
Report was released in July, 2000. Society of
Actuaries, RP–2000 Mortality Tables Report, at
https://www.soa.org/ccm/content/researchpublications/experience-studies-tools/the-rp-2000mortality-tables/.
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same mortality rates to both annuitants
and nonannuitants under the 2005
proposed regulations. Those proposed
regulations provided for updated tables
to be issued annually using the current
year as the new base year and using a
specified set of projection factors to
reflect expected improvements in
mortality.
The 2005 proposed regulations were
finalized in the Federal Register on
February 2, 2007 (TD 9310, 72 FR 4955).
Those final regulations permit all plans
to use a blended table for 2007 rather
than require that large plans use
separate annuitant and nonannuitant
tables (as would have been required
under the 2005 proposed regulations).
The IRS and the Treasury Department
believe that using separate annuitant
and nonannuitant tables results in a
more accurate measure of a plan’s
current liability. However, in view of
the sweeping PPA changes and the
resulting need to overhaul actuarial
valuation systems, it was determined
that all plans (and not just small plans)
should be permitted to use the
combined mortality tables for the 2007
plan year.
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Explanation of Provisions
Generally Applicable Mortality Tables
These proposed regulations set forth
the methodology the IRS and the
Treasury Department would use to
establish mortality tables as provided
under section 430(h)(3)(A) to be used for
participants and beneficiaries to
determine present value or make any
computation under section 430. These
mortality tables would apply as well for
purposes of determining the current
liability of a multiemployer plan
pursuant to section 431(c)(6)(D)(iv)(II).
In addition, pursuant to § 1.412(l)(7)–
1(a), these proposed regulations would
apply for purposes of determining the
current liability of a plan for which
application of the PPA changes to
section 412 is delayed (see sections 104
through 106 of PPA). Under the
proposed regulations, mortality tables to
be used with respect to disabled
individuals would be provided in
guidance published in the Internal
Revenue Bulletin (IRB).
The new mortality tables under
section 430(h)(3)(A) would be based on
the tables contained in the RP–2000
Mortality Tables Report. In response to
Notice 2003–62, commentators
generally recommended that the RP–
2000 mortality tables be the basis for the
mortality tables used under section
412(l)(7)(C)(ii). The IRS and the
Treasury Department reviewed the RP–
2000 mortality tables and the
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accompanying report published by the
Society of Actuaries, and determined to
use the RP–2000 mortality tables as the
basis for final regulations under section
412(l)(7)(C)(ii) because the RP–2000
mortality tables form the best available
basis for predicting mortality of pension
plan participants and beneficiaries
(other than disabled individuals) based
on pension plan experience, including
expected trends. Because section 430
applies this same standard, the
mortality tables set forth in these
proposed regulations under section 430
are also based on the RP–2000 mortality
tables. Like the mortality tables
provided in the final section 412(l)
regulations, the mortality tables set forth
in these proposed regulations are
gender-distinct because of significant
differences between expected male
mortality and expected female
mortality. See § 601.601(d)(2)(ii)(b) of
this chapter.
The mortality tables set forth in these
proposed regulations would provide
separate mortality rates for annuitants
and nonannuitants. This distinction has
been made because the RP–2000
Mortality Tables Report indicates that
these two groups have significantly
different mortality experience. This is
particularly true at typical ages for early
retirees, where the number of healthinduced early retirements results in a
population that has higher mortality
rates than the population of currently
employed individuals. While the use of
separate mortality rates for these groups
of individuals will likely entail changes
in programming of actuarial software,
the IRS and the Treasury Department
believe that the improvement in
accuracy resulting from the use of
separate mortality tables for annuitants
and nonannuitants more than offsets the
added complexity.
Under these proposed regulations, the
annuitant mortality tables would be
applied to determine the present value
of benefits for annuitants. The annuitant
mortality tables are also used for
nonannuitants (active employees and
terminated vested participants) for the
periods beginning when the
nonannuitants are projected to
commence receiving benefits, while the
nonannuitant mortality tables are
applied for the periods before
nonannuitants are projected to
commence receiving benefits. For any
period in which an annuitant is
projected to be receiving benefits, the
mortality table applicable to any
beneficiary of that annuitant is the
annuitant mortality table.
The RP–2000 Mortality Tables Report
sets forth mortality tables that reflect
expected mortality as of 2000, along
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with projection factors that are used to
reflect the impact of expected
improvements in mortality. Similarly,
the mortality tables set forth in the
proposed regulations are based on
expected mortality as of 2000 and reflect
the impact of expected improvements in
mortality. Commentators to prior
guidance generally stated that the
projection of mortality improvement is
desirable because it reflects expected
mortality more accurately than using
mortality tables that do not reflect such
projection. The IRS and the Treasury
Department agree with these comments,
and believe that failing to project
mortality improvement in determining
the funding target would tend to result
in underfunding. The proposed
regulations permit plan sponsors to
apply the projection of mortality
improvement in either of two ways:
Through use of static tables that are
updated annually to reflect expected
improvements in mortality, or through
use of generational tables.
The proposed regulations set forth
base tables for annuitants and
nonannuitants, as well as a set of
projection factors. The base tables set
forth in the proposed regulations
generally provide the same rates as the
RP–2000 mortality tables, except that
they have been extended so that the
annuitant and nonannuitant tables have
mortality rates available at each age. The
RP–2000 Mortality Tables Report did
not develop annuitant rates before age
50 or nonannuitant rates after age 70.
The extended nonannuitant tables in
these proposed regulations were created
by (1) using nonannuitant rates through
age 70, (2) using annuitant rates for ages
over 80, and (3) blending the rates to
produce a smooth transition between
the two tables, using increasing
fractions. The total difference between
the rates at ages 70 and 80 is divided by
55; the rate at age 71 is set equal to the
rate at age 70 plus 1/55 of the total
difference, the age 72 rate is equal to the
rate at age 71 plus 2/55 of the total
difference, etc.
A similar approach was used to
develop the base tables for annuitants.
For male annuitants, annuitant rates
from the RP–2000 Mortality Tables
Report were used for ages 50 and over,
nonannuitant rates from the RP–2000
Mortality Tables Report were used
through age 40, and rates between ages
41 and 49 were smoothed to create a
smooth transition using the same
methodology as was used for the
nonannuitant tables. For female
annuitants, annuitant rates from the RP–
2000 Mortality Tables Report were used
for ages 50 and over. However, to avoid
anomalous results, female nonannuitant
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rates were used through age 46 (rather
than age 40) and, accordingly, rates
were smoothed between ages 47 and 49.
The smoothing methodology for the
female annuitant tables was the same as
that used for the male tables but,
because a shorter transition period was
used, the difference between the age 46
and the age 50 mortality rates was
smoothed using a denominator of 10
instead of 55.
For a plan sponsor that chooses to use
the generational mortality tables, the
mortality rate for each particular age
would be projected for each individual
participant to reflect projected
improvement for the period of time
until the participant reaches the
particular age using the applicable base
table along with the projection factors
provided under the proposed
regulations. These projection factors are
from Mortality Projection Scale AA,
which was recommended for use in the
UP–94 Study and in the RP–2000
Mortality Tables Report. For example, to
obtain the age 54 mortality rate for a
male annuitant born in 1974 using the
generational mortality tables, the age 54
male annuitant table rate is projected 28
years using the age 54 male Projection
Scale AA rate set forth in the proposed
regulations. The projection period is 28
years because a participant born in 1974
would attain age 54 in 2028, 28 years
after the base year of the tables set forth
in the proposed regulations. In this
instance, because the male age 54
annuitant rate is .005797 under the base
table, and the male age 54 Projection
Scale AA rate set forth in paragraph (d)
of § 1.430(h)(3)–1 is .020, the age 54
male annuitant rate for participants born
in 1974 is .003293 (.005797 * (1-.020)28).
The static mortality tables that would
be permitted to be used under the
proposed regulations are constructed
from the base table used for purposes of
the generational mortality tables. The
static mortality tables are projected from
the base table for the year 2000 through
the year of valuation with further
projection to reflect the approximate
expected duration of liabilities. The
static mortality tables for annuitants
under the proposed regulations reflect
projection through the year of valuation
with a further projection period of 7
years, and the static mortality tables for
nonannuitants under the proposed
regulations reflect projection through
the year of valuation with a further
projection period of 15 years. These
projection periods were selected as the
expected average duration of liabilities
and are consistent with projection
periods suggested by commentators. To
be consistent with the original
construction of the RP–2000 mortality
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tables, both the static annuitant and
nonannuitant tables use the rates from
the projected annuitant table for ages 80
and over and from the projected
nonannuitant table for ages 40 and
younger (ages 44 and younger for
females). For a smooth transition
between the different projection periods
for annuitants versus nonannuitants, the
rates for ages 71 through 79 and for ages
41 through 49 (ages 45 through 49 for
females) were smoothed using the same
technique as that used in constructing
the base tables.
The static mortality tables that would
apply with respect to valuation dates
occurring during 2008 are set forth in
the proposed regulations. The mortality
tables to be used for valuation dates in
subsequent years would be published in
the IRB. Comments are requested
regarding whether it would be desirable
to publish a series of tables for each of
a number of years (such as five years)
along with final regulations, with tables
for subsequent years to be published in
the IRB.
As an example of the use of the static
tables for the 2008 calendar plan year,
with respect to a 45-year-old active
participant who is projected to
commence receiving an annuity at age
55, the funding target would be
determined using the applicable
nonannuitant mortality table for the
period before the participant attains age
55 (so that the probability of an active
male participant living from age 45 to
the age of 55 using the mortality table
that would apply in 2008 is 98.61%)
and the applicable annuitant mortality
table after the participant attains age 55.
Similarly, if a 45-year-old terminated
vested participant is projected to
commence an annuity at age 65, the
funding target would be determined
using the applicable nonannuitant
mortality table for the period before the
participant attains age 65 and the
applicable annuitant mortality table for
ages 65 and above.
These proposed regulations would
provide an option for smaller plans
(plans where the total of active and
inactive participants is less than 500)
that choose to use static mortality tables
to use a single blended static table for
all participants—in lieu of the separate
tables for annuitants and
nonannuitants—in order to simplify the
actuarial valuation for these plans. This
blended table would be constructed
from the separate nonannuitant and
annuitant tables using the
nonannuitant/annuitant weighting
factors published in the RP–2000
Mortality Tables Report. However,
because the RP–2000 Mortality Tables
Report does not provide weighting
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factors before age 51 or after age 69, the
IRS and the Treasury Department would
extend the table of weighting factors
(using straight-line interpolation) for
ages 41 through 50 (ages 45–50 for
females) and for ages 70 through 79 in
order to develop the blended table.
Substitute Mortality Tables
These proposed regulations would set
forth the framework for the
development and use of substitute
mortality tables in connection with
present value determinations and other
computations under section
430(h)(3)(C). The provision generally
provides for the use of substitute
mortality tables by a plan that is subject
to section 430, in lieu of the mortality
tables provided under section
430(h)(3)(A) and § 1.430(h)(3)–1, upon
written request of the plan sponsor and
approval of the Commissioner.
Substitute mortality tables must
reflect the actual mortality experience of
the pension plan maintained by the plan
sponsor for which the tables are to be
used and that mortality experience must
be credible. Separate mortality tables
must be established for each gender
under the plan, and a substitute
mortality table is permitted to be
established for a gender only if the plan
has credible mortality experience with
respect to that gender. If the mortality
experience for one gender is credible
but the mortality experience for the
other gender is not credible, the
substitute mortality tables are used for
the gender that has credible mortality
experience, and the mortality tables
under § 1.430(h)(3)–1 are used for the
gender that does not have credible
mortality experience. If separate
mortality tables under section
430(h)(3)(D) are used for certain
disabled individuals under a plan, then
those individuals are disregarded for all
purposes with respect to substitute
mortality tables under section
430(h)(3)(C). Thus, if the mortality
tables under section 430(h)(3)(D) are
used for certain disabled individuals
under a plan, mortality experience with
respect to those individuals must be
excluded in determining mortality rates
for substitute mortality tables with
respect to a plan.
Under the proposed regulations, a
substitute mortality table is based on
credible mortality experience for a
gender within a plan if and only if the
mortality experience is based on at least
1,000 deaths within that gender over the
period covered by the experience study.
The experience study must be based on
mortality experience data over a 2, 3, or
4-consecutive year period, the last day
of which must be less than 3 years
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before the first day of the first plan year
for which the substitute mortality tables
are to apply. The 1,000 deaths threshold
is set at a level so that there is a high
degree of confidence that the plan’s past
mortality experience will be predictive
of its future mortality, and is consistent
with relevant actuarial literature (see,
for example, Thomas N. Herzog,
Introduction to Credibility Theory
(1999); Stuart A. Klugman, et al., Loss
Models: From Data to Decisions (2004)).
Development of a substitute mortality
table under the proposed regulations
requires creation of a base table and
identification of a base year, which are
then used to determine a substitute
mortality table. The base table would be
developed from a study of the mortality
experience of the plan using amountsweighted data. The proposed
regulations set forth rules regarding
development of amounts-weighted
mortality rates for an age and the
determination of the base year. The
proposed regulations provide that
amounts-weighted mortality rates may
be derived from amounts-weighted
mortality rates for age groups. Guidance
issued by the Commissioner may
specify grouping rules (for example, 5year age groups, except for extreme
ages) and methods for developing
amounts-weighted mortality rates for
individual ages from amounts-weighted
mortality rates initially determined for
each age group. In addition, the
proposed regulations would provide
that base tables may be constructed
either directly through graduation of
amounts-weighted mortality rates or
indirectly by applying a level
percentage to tables prescribed by
section 430(h)(3)(A), provided that the
resulting tables sufficiently reflect the
plan’s mortality experience. The
Commissioner may permit the
construction of base tables through
application of a level percentage to
other recognized mortality tables,
applying similar standards to ensure
that the resulting tables are sufficiently
reflective of the plan’s mortality
experience.
In general, substitute mortality tables
are permitted to be used for a plan only
if the use of substitute mortality tables
is approved for each other pension plan
subject to the requirements of section
430 that is maintained by the plan
sponsor or by a member of the sponsor’s
controlled group. However, under the
proposed regulations, the use of
substitute mortality tables for one plan
would not be prohibited merely because
another plan subject to section 430 that
is maintained by the plan sponsor (or by
a member of the plan sponsor’s
controlled group) cannot use substitute
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mortality tables because neither the
males nor the females under that plan
have credible mortality experience for a
plan year. Thus, if a sponsor’s
controlled group contains two pension
plans subject to section 430, each of
which has credible mortality experience
for at least one gender, either both plans
must obtain approval from the
Commissioner to use substitute
mortality tables or neither plan may use
substitute mortality tables. By contrast,
if for one of those plans neither males
nor females have credible mortality
experience, then the plan without
credible mortality experience will not
interfere with the ability of the plan
with credible mortality experience to
use substitute mortality tables.
Under the proposed regulations, the
requirement that the plan sponsor
demonstrate the lack of credible
mortality experience for both the male
and female populations in other plans
maintained by the plan sponsor (and by
members of the plan sponsor’s
controlled group) must be satisfied
annually. For each plan year in which
a plan uses substitute mortality tables,
the demonstration that both genders of
another plan maintained by the plan
sponsor do not have credible mortality
experience (that is, there are less than
1,000 deaths within each gender) must
be made using a 4-year period for
mortality experience that ends less than
3 years before the first day of that plan
year.
For example, a plan sponsor that
requests to use substitute mortality
tables for a plan for the plan year that
begins January 1, 2008, would have to
show, as part of its submission to the
Commissioner, that both the male and
female populations in all other defined
benefit plans of the plan sponsor (and
in the plan sponsor’s controlled group)
that are subject to section 430 and that
do not use substitute mortality tables do
not have credible mortality experience
using a 4-year period that ends no
earlier than January 2, 2005 (that is,
each gender in those plans did not
experience 1,000 deaths during that 4year period). If the plan sponsor chooses
to use the 4-year period from January 1,
2003, through December 31, 2006, to
demonstrate the lack of credible
mortality experience for the other plans,
then the plan can rely on this same data
to demonstrate the lack of credible
mortality experience for 2009 as well
because the less-than-3-years
requirement is still met with respect to
the 2009 plan year. However, the plan
would not be able to use this same data
to demonstrate lack of credibility for the
2010 plan year because the last day of
the experience study used for the
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demonstration (the January 1, 2003–
December 31, 2006 period) is too distant
in time (3 or more years) from the first
day of the plan year (January 1, 2010).
Although the proposed regulations
permit a plan sponsor to use an
experience study to demonstrate a lack
of credible mortality experience for a
plan population for multiple years, plan
sponsors are encouraged to update
experience studies annually as new
mortality data become available for the
plan population. In such a case, if an
updated test reveals 1,000 or more
deaths for the more recent 4-year period,
the plan sponsor nonetheless will be
able to continue to use substitute
mortality tables for one plan year by
demonstrating that the other plans in
the controlled group do not have
credible mortality experience based on
the earlier experience study. This will
give the plan sponsor sufficient time to
develop substitute mortality tables for
the plan population with newly credible
mortality experience and to obtain the
Commissioner’s approval to use those
tables prior to the first year substitute
mortality tables are to be used for that
population.
Under the proposed regulations, a
plan’s substitute mortality tables must
be generational mortality tables.
Substitute mortality tables are
determined using the base mortality
tables developed from the experience
study and the projection factors
provided in Projection Scale AA, as set
forth in § 1.430(h)(3)–1(d). Under the
generational mortality tables, the
probability of an individual’s death at a
particular age is determined as the
individual’s base mortality rate (that is,
the applicable base mortality rate from
the base mortality table for the age for
which the probability of death is being
determined) multiplied by the mortality
improvement factor. The mortality
improvement factor is equal to (1—
projection factor for that age)n, where n
is equal to the projection period (that is,
the number of years between the base
year for the base mortality table and the
year for which the probability of death
is being determined).
The proposed regulations would
require separate tables to be established
for males and females under a plan.
Under the proposed regulations,
separate substitute mortality tables
would be permitted (but not required) to
be established for separate populations
within a gender, such as annuitants and
nonannuitants or hourly and salaried
individuals. The proposed regulations
would provide that separate substitute
mortality tables are permitted to be used
for a separate population within a
gender under a plan only if all
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individuals of that gender in the plan
are divided into separate populations,
each separate population has credible
mortality experience (determined in the
same manner as determining whether a
gender has credible mortality
experience), and the separate substitute
mortality table for each separate
population is developed using mortality
experience data for that population. For
example, in the case of a plan that has
credible mortality experience data for
both its male hourly and male salaried
populations, separate substitute
mortality tables could be used for those
two separate populations. However, if
the plan does not have credible
mortality experience for its male
salaried population, it would not be
permissible to use substitute mortality
tables for its male hourly population
and the standard mortality tables
described in § 1.430(h)(3)–1 for its male
salaried population.
The requirement that each separate
population have credible mortality
experience does not apply in the case of
separate mortality tables that are
developed for annuitant and
nonannuitant populations within a
gender. Thus, the proposed regulations
would provide that substitute mortality
tables for separate annuitant and
nonannuitant populations may be used
within a gender even if only one of
those separate populations has credible
mortality experience. Similarly, if
separate populations with credible
mortality experience are established
within a gender, then any of those
populations may be further subdivided
into separate annuitant and
nonannuitant subpopulations, provided
that at least one of the two resulting
subpopulations has credible mortality
experience. In such a case, the standard
mortality tables under § 1.430(h)(3)–1
must be used for a resulting
subpopulation that does not have
credible mortality experience. For
example, in the case of a plan that has
credible mortality experience for both
its male hourly and salaried individuals,
if the male salaried annuitant
population has credible mortality
experience, it may use substitute
mortality tables with respect to that
population even if the male salaried
nonannuitant population uses the
standard mortality tables under
§ 1.430(h)(3)–1 (because that
nonannuitant population does not have
credible mortality experience). For
purposes of demonstrating that an
annuitant or nonannuitant population
within a gender or within a separate
population does not have credible
mortality experience, the demonstration
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of lack of credible mortality experience
is made on the same basis as for
purposes of demonstrating a lack of
credible mortality experience for a
gender.
The proposed regulations would
provide a limited time period during
which a newly acquired plan that does
not use substitute mortality tables does
not prevent another plan from using
substitute mortality tables. Under the
proposed regulations, the use of
substitute mortality tables for a plan is
not prohibited merely because a newly
acquired plan does not use substitute
mortality tables, but only through the
last day of the plan year of the plan
using substitute mortality tables that
contains the end of the period described
in section 410(b)(6)(C). For the
following plan year, the mortality tables
prescribed under § 1.430(h)(3)–1 would
apply with respect to the plan (and all
other plans within the plan sponsor’s
controlled group, including the acquired
plan) unless approval to use substitute
mortality tables has been obtained with
respect to the acquired plan, or the
acquired plan cannot use substitute
mortality tables because neither the
males nor the females under the plan
have credible mortality experience. For
example, if the employer acquires a plan
in September 2009 that does not use
substitute mortality tables and that has
a plan year that ends June 30, the
acquisition of that plan will not impair
the continued use of substitute mortality
tables by a pre-existing calendar year
plan of the employer through the end of
the 2011 calendar year. This is because
the section 410(b)(6)(C) transition
period for the newly acquired plan will
end on June 30, 2011. Under the
proposed regulations, a plan is treated
as a newly acquired plan if it is acquired
or otherwise becomes maintained by the
plan sponsor (or by a member of the
plan sponsor’s controlled group) in
connection with a merger, acquisition,
or similar transaction described in
§ 1.410(b)–2(f). The proposed
regulations would provide that a plan is
also treated as a newly acquired plan if
it is established in connection with a
transfer in accordance with section
414(l) of assets and liabilities from
another employer’s plan in connection
with a merger, acquisition, or similar
transaction described in § 1.410(b)–2(f).
In the case of a newly acquired plan,
the demonstration of whether credible
mortality experience exists for the plan
may be made by either including or
excluding mortality experience data for
the period prior to the date the plan
becomes maintained by a member of the
new plan sponsor’s controlled group. If
a plan sponsor excludes mortality
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29461
experience data prior to the date the
plan became maintained within the new
plan sponsor’s controlled group, the
exclusion must apply for all populations
within the plan. For example, it is
impermissible to include the data for
hourly individuals for the preacquisition period but exclude the data
for salaried individuals for that same
period.
In order to demonstrate a lack of
credible mortality experience with
respect to a gender for a plan year, a
special rule applies if the plan’s
mortality experience demonstration for
a plan year is made by excluding
mortality experience for the period prior
to the date the newly acquired plan
becomes maintained within the new
plan sponsor’s controlled group. In such
a case, an employer is permitted to
demonstrate a plan’s lack of credible
mortality experience using an
experience study period of less than
four years, provided that the experience
study period begins with the date the
plan becomes maintained within the
employer’s controlled group and ends
not more than one year and one day
before the first day of the plan year with
respect to which the lack of credible
mortality experience demonstration is
made.
The proposed regulations would
provide rules for aggregating plans for
purposes of using substitute mortality
tables. Under the proposed regulations,
in order to use a set of substitute
mortality tables for two or more plans,
the applicable rules are applied by
treating those plans as a single plan. In
such a case, the substitute mortality
tables must be used for all such plans
and must be based on data collected
with respect to all such plans. Although
plans generally are not required to be
aggregated, the proposed regulations
would require a plan to be aggregated
with any plan that was previously spun
off from that plan if one purpose of the
spinoff was to avoid the use of
substitute mortality tables for any of the
plans involved in the spinoff.
Under the proposed regulations, in
order to use substitute mortality tables
with respect to a plan, a plan sponsor
must submit a written request to the
Commissioner that demonstrates that
those substitute mortality tables comply
with applicable requirements. A request
to use substitute mortality tables must
state the first plan year and the term of
years (not more than 10) that the tables
are requested to be used. In general,
substitute mortality tables cannot be
used for a plan year unless the plan
sponsor submits the written request to
use substitute mortality tables at least 7
months prior to the first day of the first
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plan year for which the substitute
mortality tables are to apply. However,
the timing of the written request to use
substitute mortality tables does not
prevent a plan from using substitute
mortality tables for a plan year if the
written request is submitted no later
than October 1, 2007. This special rule
allows plan sponsors sufficient time to
review the proposed regulations and
other guidance and prepare requests to
use substitute mortality tables for use in
2008.
Under the proposed regulations,
experience data cannot be used to
develop a base table if the number of
individuals in the population covered
by the table (for example, the male
annuitants) as of the last day of the plan
year before the year the request to use
substitute mortality tables is made (or a
reasonable estimate of that number),
compared to the average number of
individuals in that population over the
years covered by the experience study
on which the substitute mortality tables
are based, reflects a difference of 20
percent or more, unless it is
demonstrated to the satisfaction of the
Commissioner that the experience data
is accurately predictive of future
mortality of that plan population (taking
into account the effect of the change in
individuals) after appropriate
adjustments to the data are made (for
example, excluding data from
individuals with respect to a spun-off
portion of the plan).
Under the proposed regulations, the
Commissioner may, in revenue rulings
and procedures, notices and other
guidance published in the IRB (see
§ 601.601(d)(2)(ii)(b) of this chapter),
provide additional guidance regarding
the approval and use of substitute
mortality tables under section
430(h)(3)(C) and related matters. The
IRS will shortly issue a revenue
procedure that will set forth the
requirements related to requests to use
substitute mortality tables.
In general, the Commissioner has a
180-day period to review a request for
the use of substitute mortality tables. If
the Commissioner does not issue a
denial within this 180-day period, the
request is deemed to have been
approved unless the Commissioner and
the plan sponsor have agreed to extend
that period. The Commissioner may
request additional information with
respect to a submission. Failure to
provide that information on a timely
basis is grounds for denial of the plan
sponsor’s request. In addition, the
Commissioner will deny a request if the
request fails to meet the requirements to
use substitute mortality tables or if the
Commissioner determines that a
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substitute mortality table does not
sufficiently reflect the mortality
experience of the applicable plan
population.
The proposed regulations would
provide rules regarding the duration of
use of substitute mortality tables. Under
the proposed regulations, substitute
mortality tables generally are used with
respect to a plan for the term of
consecutive plan years specified in the
plan sponsor’s written request to use
such tables and approved by the
Commissioner, or such shorter period
prescribed by the Commissioner in the
approval to use substitute mortality
tables. If the term of use of a substitute
mortality table ends for any reason, the
mortality tables specified in
§ 1.430(h)(3)–1 will apply with respect
to the plan unless the plan sponsor has
obtained approval to use substitute
mortality tables for a further term. The
proposed regulations would provide
that a plan’s substitute mortality tables
cannot be used as of the earliest of the
following: the second plan year
following the plan year in which there
is a significant change in the population
covered by the substitute mortality table
(generally, a change of at least 20% from
the average number of individuals
included in the experience study); or
the plan year following the plan year in
which a substitute mortality table for a
plan population is no longer accurately
predictive of future mortality of that
population, as determined by the
Commissioner or as certified by the
plan’s actuary to the satisfaction of the
Commissioner. In addition, the
proposed regulations would provide
that a plan’s substitute mortality tables
cannot be used after the date specified
in guidance published in the IRB (see
§ 601.601(d)(2)(ii)(b) of this chapter)
pursuant to a replacement of mortality
tables specified under section
430(h)(3)(A) (other than annual updates
to the static mortality tables).
Applicability Date
These regulations are proposed to
apply to plan years beginning on or after
January 1, 2008.
Mortality Tables Used Under Section
417(e)
Section 417(e)(3)(B)(i), as amended by
PPA, provides that the applicable
mortality table (which is used to
determine the minimum present value
of certain distributions as required by
section 417(e)(3)) is a mortality table,
modified as appropriate by the Secretary
of the Treasury, based on the mortality
table specified for the plan year under
section 430(h)(3)(A) (without regard to
the option to use substitute mortality
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tables under section 430(h)(3)(C) or the
separate mortality tables for disabled
individuals under section 430(h)(3)(D)).
This change is effective for plan years
beginning after December 31, 2007.
Comments are requested regarding how
the mortality tables provided under
proposed § 1.430(h)(3)–1 should be
modified for use in applying the
minimum present value rules of section
417(e)(3).3 Issues to be addressed
include whether to use annuitant
mortality rates or combined mortality
rates and whether use of generational
mortality tables is appropriate.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulation does not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Code, this notice
of proposed rulemaking will be
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
Comments and Requests for Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written (a signed original and eight (8)
copies) or electronic comments that are
submitted timely to the IRS. The IRS
and the Treasury Department
specifically request comments on the
clarity of the proposed regulations and
how they may be made easier to
understand. All comments will be
available for public inspection and
copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits written
comments. If a public hearing is
scheduled, notice of the date, time, and
place for the public hearing will be
published in the Federal Register.
Drafting Information
The principal authors of these
regulations are Bruce Perlin, Lauson C.
Green, and Linda S. F. Marshall, Office
of Division Counsel/Associate Chief
Counsel (Tax Exempt and Government
3 Substitute mortality tables described in Code
section 430(h)(3)(C) and § 1.430(h)(3)–2 of these
proposed regulations do not apply for purposes of
the requirements of secton 417(e).
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Entities). However, other personnel
from the IRS and the Treasury
Department participated in the
development of these regulations.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Amendments to the Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.430(h)(3)–1 is added
to read as follows:
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§ 1.430(h)(3)–1 Mortality tables used to
determine present value.
(a) Basis for mortality tables—(1) In
general. This section sets forth rules for
the mortality tables to be used in
determining present value or making
any computation under section 430.
Generally applicable mortality tables for
participants and beneficiaries are set
forth in this section pursuant to section
430(h)(3)(A). In lieu of using the
mortality tables provided under this
section with respect to participants and
beneficiaries, plan-specific substitute
mortality tables are permitted to be used
for this purpose pursuant to section
430(h)(3)(C) provided that the
requirements of § 1.430(h)(3)–2 are
satisfied. Mortality tables that may be
used with respect to disabled
individuals are to be provided in
guidance published in the Internal
Revenue Bulletin. See
§ 601.601(d)(2)(ii)(b) of this chapter.
(2) Static tables or generational tables
permitted. The generally applicable
mortality tables provided under section
430(h)(3)(A) are the static tables
described in paragraph (a)(3) of this
section and the generational mortality
tables described in paragraph (a)(4) of
this section. A plan is permitted to use
either of those sets of mortality tables
with respect to participants and
beneficiaries pursuant to this section.
(3) Static tables. The static mortality
tables that are permitted to be used
pursuant to paragraph (a)(2) of this
section are updated annually to reflect
expected improvements in mortality
experience as described in paragraph
(c)(2) of this section. Static mortality
tables that are to be used with respect
to valuation dates occurring during 2008
are provided in paragraph (e) of this
section. The mortality tables to be used
with respect to valuation dates
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occurring in later years are to be
provided in guidance published in the
Internal Revenue Bulletin. See
§ 601.601(d)(2)(ii)(b) of this chapter.
(4) Generational mortality tables—(i)
In general. The generational mortality
tables that are permitted to be used
pursuant to paragraph (a)(2) of this
section are determined pursuant to this
paragraph (a)(4) using the base mortality
tables and projection factors set forth in
paragraph (d) of this section. Under the
generational mortality tables, the
probability of an individual’s death at a
particular age is determined as the
individual’s base mortality rate (that is,
the applicable mortality rate from the
table set forth in paragraph (d) of this
section for the age for which the
probability of death is being
determined) multiplied by the mortality
improvement factor. The mortality
improvement factor is equal to
(1¥projection factor for that age) n,
where n is equal to the projection
period. For this purpose, the projection
period is the number of years between
2000 and the year for which the
probability of death is being
determined.
(ii) Examples of calculation. As an
example of the use of generational
mortality tables under paragraph
(a)(4)(i) of this section, for purposes of
determining the probability of death at
age 54 for a male annuitant born in
1974, the base mortality rate is .005797,
the projection factor is .020, and the
projection period (the period from the
year 2000 until the year the participant
will attain age 54) is 28 years, so that the
mortality improvement factor is
.567976, and the probability of death at
age 54 is .003293. Similarly, under these
generational mortality tables, the
probability of death at age 55 for the
same male annuitant would be
determined by using the base mortality
rate and projection factor at age 55, and
a projection period of 29 years (the
period from the year 2000 until the year
the participant will attain age 55). Thus,
the base mortality rate is .005905, the
projection factor is .019, so that the
mortality improvement factor is .573325
((1¥.019)29), and the probability of
death at age 55 is .003385 (.573325
times .005905). Because these
generational mortality tables reflect
expected improvements in mortality
experience, no periodic updates are
needed.
(b) Use of the tables—(1) Separate
tables for annuitants and
nonannuitants—(i) In general. Separate
tables are provided for use for
annuitants and nonannuitants. The
nonannuitant mortality table is applied
to determine the probability of survival
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for a nonannuitant for the period before
the nonannuitant is projected to
commence receiving benefits. The
annuitant mortality table is applied to
determine the present value of benefits
for each annuitant, and for each
nonannuitant for the period beginning
when the nonannuitant is projected to
commence receiving benefits. For
purposes of this section, an annuitant
means a plan participant who has
commenced receiving benefits and a
nonannuitant means a plan participant
who has not yet commenced receiving
benefits (for example, an active
employee or a terminated vested
participant). A participant whose
benefit has partially commenced is
treated as an annuitant with respect to
the portion of the benefit which has
commenced and a nonannuitant with
respect to the balance of the benefit. In
addition, for any period in which an
annuitant is projected to be receiving
benefits, any beneficiary with respect to
that annuitant is also treated as an
annuitant for purposes of this paragraph
(b)(1).
(ii) Examples of calculation. As an
example of the use of separate annuitant
and nonannuitant tables under
paragraph (b)(1)(i) of this section, with
respect to a 45-year-old active
participant who is projected to
commence receiving an annuity at age
55, the funding target would be
determined using the nonannuitant
mortality table for the period before the
participant attains age 55 (so that, if the
static mortality tables are used pursuant
to paragraph (a)(3) of this section, the
probability of an active male participant
living from age 45 to age 55 using the
table that applies for a plan year
beginning in 2008 is 98.61%) and the
annuitant mortality table for the period
ages 55 and above. Similarly, if a 45year-old terminated vested participant is
projected to commence an annuity at
age 65, the funding target would be
determined using the nonannuitant
mortality table for the period before the
participant attains age 65 and the
annuitant mortality table for ages 65 and
above.
(2) Small plan tables. If static
mortality tables are used pursuant to
paragraph (a)(3) of this section, as an
alternative to the separate static tables
specified for annuitants and
nonannuitants pursuant to paragraph
(b)(1) of this section, a combined static
table that applies the same mortality
rates to both annuitants and
nonannuitants is permitted to be used
for a small plan. For this purpose, a
small plan is defined as a plan with
fewer than 500 participants (including
both active and inactive participants).
E:\FR\FM\29MYP1.SGM
29MYP1
29464
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
(c) Construction of static tables—(1)
Source of basic rates. The static
mortality tables that are used pursuant
to paragraph (a)(3) of this section are
based on the base mortality tables set
forth in paragraph (d) of this section.
(2) Projected mortality improvements.
The mortality rates under the base
mortality tables are projected to improve
using the projection factors provided in
Projection Scale AA, as set forth in
paragraph (d) of this section. Using
these projection factors, the mortality
rate for an individual at each age is
determined as the individual’s base
mortality rate (that is, the applicable
base mortality rate from the table set
forth in paragraph (d) of this section for
the individual at that age) multiplied by
the mortality improvement factor. The
mortality improvement factor is equal to
(1¥projection factor for that age)n,
where n is equal to the projection
period. The annuitant mortality rates for
a plan year are determined using a
projection period that runs from the
calendar year 2000 until 7 years after
the calendar year that contains the
valuation date for the plan year. The
nonannuitant mortality rates for a plan
year are determined using a projection
period that runs from the calendar year
2000 until 15 years after the calendar
year that contains the valuation date for
the plan year. Thus, for example, for a
plan year with a January 1, 2012,
valuation date, the annuitant mortality
rates are determined using a projection
period that runs from 2000 until 2019
(19 years) and the nonannuitant
mortality rates are determined using a
projection period that runs from 2000
until 2027 (27 years).
(3) Construction of combined tables
for small plans. The combined mortality
tables that are permitted to be used for
small plans pursuant to paragraph (b)(2)
of this section are constructed from the
separate nonannuitant and annuitant
tables using the weighting factors for
small plans that are set forth in
paragraph (d) of this section. The
weighting factors are applied to develop
these mortality tables using the
following equation: Combined mortality
rate = [nonannuitant rate *
(1¥weighting factor)] + [annuitant rate
* weighting factor].
(d) Base mortality tables and
projection factors. The following base
mortality tables and projection factors
are used to determine generational
mortality tables for purposes of
determining present value or making
any computation under section 430 as
set forth in paragraph (a)(4) of this
section. In addition, the following base
mortality tables and projection factors
are used to determine the static
mortality tables that are used for
purposes of determining present value
or making any computation under
section 430 as set forth in paragraphs
(a)(3) and (c) of this section. See
§ 1.430(h)(3)-2(c)(3) for rules regarding
the required use of the projection factors
set forth in this paragraph (d) in
connection with a plan-specific
substitute mortality table.
Male
Base nonannuitant
mortality
rates
(year 2000)
rwilkins on PROD1PC63 with PROPOSALS
Age
Base annuitant mortality rates
(year 2000)
0.000637
0.000430
0.000357
0.000278
0.000255
0.000244
0.000234
0.000216
0.000209
0.000212
0.000219
0.000228
0.000240
0.000254
0.000269
0.000284
0.000301
0.000316
0.000331
0.000345
0.000357
0.000366
0.000373
0.000376
0.000376
0.000378
0.000382
0.000393
0.000412
0.000444
0.000499
0.000562
0.000631
0.000702
0.000773
0.000841
0.000904
0.000964
0.000637
0.000430
0.000357
0.000278
0.000255
0.000244
0.000234
0.000216
0.000209
0.000212
0.000219
0.000228
0.000240
0.000254
0.000269
0.000284
0.000301
0.000316
0.000331
0.000345
0.000357
0.000366
0.000373
0.000376
0.000376
0.000378
0.000382
0.000393
0.000412
0.000444
0.000499
0.000562
0.000631
0.000702
0.000773
0.000841
0.000904
0.000964
1 .......................................
2 .......................................
3 .......................................
4 .......................................
5 .......................................
6 .......................................
7 .......................................
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17 .....................................
18 .....................................
19 .....................................
20 .....................................
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22 .....................................
23 .....................................
24 .....................................
25 .....................................
26 .....................................
27 .....................................
28 .....................................
29 .....................................
30 .....................................
31 .....................................
32 .....................................
33 .....................................
34 .....................................
35 .....................................
36 .....................................
37 .....................................
38 .....................................
VerDate Aug<31>2005
Female
18:04 May 25, 2007
Jkt 211001
PO 00000
Scale AA
projection
factors
Frm 00019
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.019
0.019
0.019
0.019
0.019
0.019
0.019
0.018
0.017
0.015
0.013
0.010
0.006
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.006
Fmt 4702
Weighting
factors for
small plans
Base nonannuitant
mortality
rates
(year 2000)
Base annuitant mortality rates
(year 2000)
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
0.000571
0.000372
0.000278
0.000208
0.000188
0.000176
0.000165
0.000147
0.000140
0.000141
0.000143
0.000148
0.000155
0.000162
0.000170
0.000177
0.000184
0.000188
0.000190
0.000191
0.000192
0.000194
0.000197
0.000201
0.000207
0.000214
0.000223
0.000235
0.000248
0.000264
0.000307
0.000350
0.000394
0.000435
0.000475
0.000514
0.000554
0.000598
0.000571
0.000372
0.000278
0.000208
0.000188
0.000176
0.000165
0.000147
0.000140
0.000141
0.000143
0.000148
0.000155
0.000162
0.000170
0.000177
0.000184
0.000188
0.000190
0.000191
0.000192
0.000194
0.000197
0.000201
0.000207
0.000214
0.000223
0.000235
0.000248
0.000264
0.000307
0.000350
0.000394
0.000435
0.000475
0.000514
0.000554
0.000598
Sfmt 4702
E:\FR\FM\29MYP1.SGM
29MYP1
Scale AA
projection
factors
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.020
0.018
0.016
0.015
0.014
0.014
0.015
0.016
0.017
0.017
0.016
0.015
0.014
0.012
0.012
0.012
0.012
0.010
0.008
0.008
0.009
0.010
0.011
0.012
0.013
0.014
Weighting
factors for
small plans
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
29465
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
Male
Base nonannuitant
mortality
rates
(year 2000)
rwilkins on PROD1PC63 with PROPOSALS
Age
Base annuitant mortality rates
(year 2000)
0.001021
0.001079
0.001142
0.001215
0.001299
0.001397
0.001508
0.001616
0.001734
0.001860
0.001995
0.002138
0.002288
0.002448
0.002621
0.002812
0.003029
0.003306
0.003628
0.003997
0.004414
0.004878
0.005382
0.005918
0.006472
0.007028
0.007573
0.008099
0.008598
0.009069
0.009510
0.009922
0.010912
0.012892
0.015862
0.019821
0.024771
0.030710
0.037640
0.045559
0.054469
0.064368
0.072041
0.080486
0.089718
0.099779
0.110757
0.122797
0.136043
0.150590
0.166420
0.183408
0.199769
0.216605
0.233662
0.250693
0.267491
0.283905
0.299852
0.315296
0.330207
0.344556
0.358628
0.371685
0.383040
0.392003
0.397886
0.400000
0.400000
0.001021
0.001079
0.001157
0.001312
0.001545
0.001855
0.002243
0.002709
0.003252
0.003873
0.004571
0.005347
0.005528
0.005644
0.005722
0.005797
0.005905
0.006124
0.006444
0.006895
0.007485
0.008196
0.009001
0.009915
0.010951
0.012117
0.013419
0.014868
0.016460
0.018200
0.020105
0.022206
0.024570
0.027281
0.030387
0.033900
0.037834
0.042169
0.046906
0.052123
0.057927
0.064368
0.072041
0.080486
0.089718
0.099779
0.110757
0.122797
0.136043
0.150590
0.166420
0.183408
0.199769
0.216605
0.233662
0.250693
0.267491
0.283905
0.299852
0.315296
0.330207
0.344556
0.358628
0.371685
0.383040
0.392003
0.397886
0.400000
0.400000
39 .....................................
40 .....................................
41 .....................................
42 .....................................
43 .....................................
44 .....................................
45 .....................................
46 .....................................
47 .....................................
48 .....................................
49 .....................................
50 .....................................
51 .....................................
52 .....................................
53 .....................................
54 .....................................
55 .....................................
56 .....................................
57 .....................................
58 .....................................
59 .....................................
60 .....................................
61 .....................................
62 .....................................
63 .....................................
64 .....................................
65 .....................................
66 .....................................
67 .....................................
68 .....................................
69 .....................................
70 .....................................
71 .....................................
72 .....................................
73 .....................................
74 .....................................
75 .....................................
76 .....................................
77 .....................................
78 .....................................
79 .....................................
80 .....................................
81 .....................................
82 .....................................
83 .....................................
84 .....................................
85 .....................................
86 .....................................
87 .....................................
88 .....................................
89 .....................................
90 .....................................
91 .....................................
92 .....................................
93 .....................................
94 .....................................
95 .....................................
96 .....................................
97 .....................................
98 .....................................
99 .....................................
100 ...................................
101 ...................................
102 ...................................
103 ...................................
104 ...................................
105 ...................................
106 ...................................
107 ...................................
VerDate Aug<31>2005
Female
18:04 May 25, 2007
Jkt 211001
PO 00000
Scale AA
projection
factors
Frm 00020
0.007
0.008
0.009
0.010
0.011
0.012
0.013
0.014
0.015
0.016
0.017
0.018
0.019
0.020
0.020
0.020
0.019
0.018
0.017
0.016
0.016
0.016
0.015
0.015
0.014
0.014
0.014
0.013
0.013
0.014
0.014
0.015
0.015
0.015
0.015
0.015
0.014
0.014
0.013
0.012
0.011
0.010
0.009
0.008
0.008
0.007
0.007
0.007
0.006
0.005
0.005
0.004
0.004
0.003
0.003
0.003
0.002
0.002
0.002
0.001
0.001
0.001
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Fmt 4702
Weighting
factors for
small plans
Base nonannuitant
mortality
rates
(year 2000)
Base annuitant mortality rates
(year 2000)
....................
....................
0.0045
0.0091
0.0136
0.0181
0.0226
0.0272
0.0317
0.0362
0.0407
0.0453
0.0498
0.0686
0.0953
0.1288
0.2066
0.3173
0.3780
0.4401
0.4986
0.5633
0.6338
0.7103
0.7902
0.8355
0.8832
0.9321
0.9510
0.9639
0.9714
0.9740
0.9766
0.9792
0.9818
0.9844
0.9870
0.9896
0.9922
0.9948
0.9974
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
0.000648
0.000706
0.000774
0.000852
0.000937
0.001029
0.001124
0.001223
0.001326
0.001434
0.001550
0.001676
0.001814
0.001967
0.002135
0.002321
0.002526
0.002756
0.003010
0.003291
0.003599
0.003931
0.004285
0.004656
0.005039
0.005429
0.005821
0.006207
0.006583
0.006945
0.007289
0.007613
0.008309
0.009700
0.011787
0.014570
0.018049
0.022224
0.027094
0.032660
0.038922
0.045879
0.050780
0.056294
0.062506
0.069517
0.077446
0.086376
0.096337
0.107303
0.119154
0.131682
0.144604
0.157618
0.170433
0.182799
0.194509
0.205379
0.215240
0.223947
0.231387
0.237467
0.244834
0.254498
0.266044
0.279055
0.293116
0.307811
0.322725
0.000648
0.000706
0.000774
0.000852
0.000937
0.001029
0.001124
0.001223
0.001335
0.001559
0.001896
0.002344
0.002459
0.002647
0.002895
0.003190
0.003531
0.003925
0.004385
0.004921
0.005531
0.006200
0.006919
0.007689
0.008509
0.009395
0.010364
0.011413
0.012540
0.013771
0.015153
0.016742
0.018579
0.020665
0.022970
0.025458
0.028106
0.030966
0.034105
0.037595
0.041506
0.045879
0.050780
0.056294
0.062506
0.069517
0.077446
0.086376
0.096337
0.107303
0.119154
0.131682
0.144604
0.157618
0.170433
0.182799
0.194509
0.205379
0.215240
0.223947
0.231387
0.237467
0.244834
0.254498
0.266044
0.279055
0.293116
0.307811
0.322725
Sfmt 4702
E:\FR\FM\29MYP1.SGM
29MYP1
Scale AA
projection
factors
0.015
0.015
0.015
0.015
0.015
0.015
0.016
0.017
0.018
0.018
0.018
0.017
0.016
0.014
0.012
0.010
0.008
0.006
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.005
0.006
0.006
0.007
0.007
0.008
0.008
0.007
0.007
0.007
0.007
0.007
0.007
0.007
0.007
0.006
0.005
0.004
0.004
0.003
0.003
0.003
0.003
0.002
0.002
0.002
0.002
0.001
0.001
0.001
0.001
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Weighting
factors for
small plans
....................
....................
....................
....................
....................
....................
0.0084
0.0167
0.0251
0.0335
0.0419
0.0502
0.0586
0.0744
0.0947
0.1189
0.1897
0.2857
0.3403
0.3878
0.4360
0.4954
0.5805
0.6598
0.7520
0.8043
0.8552
0.9118
0.9367
0.9523
0.9627
0.9661
0.9695
0.9729
0.9763
0.9797
0.9830
0.9864
0.9898
0.9932
0.9966
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
29466
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
Male
Base nonannuitant
mortality
rates
(year 2000)
Age
108
109
110
111
112
113
114
115
116
117
118
119
120
Base annuitant mortality rates
(year 2000)
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
Female
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
...................................
(e) Static mortality tables with respect
to valuation dates occurring during
2008. The following static mortality
Scale AA
projection
factors
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Weighting
factors for
small plans
Base nonannuitant
mortality
rates
(year 2000)
Base annuitant mortality rates
(year 2000)
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
0.337441
0.351544
0.364617
0.376246
0.386015
0.393507
0.398308
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
0.337441
0.351544
0.364617
0.376246
0.386015
0.393507
0.398308
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
tables are used pursuant to paragraph
(a)(3) of this section for determining
present value or making any
rwilkins on PROD1PC63 with PROPOSALS
Non-annuitant mortality rates
1 .......................................................................................
2 .......................................................................................
3 .......................................................................................
4 .......................................................................................
5 .......................................................................................
6 .......................................................................................
7 .......................................................................................
8 .......................................................................................
9 .......................................................................................
10 .....................................................................................
11 .....................................................................................
12 .....................................................................................
13 .....................................................................................
14 .....................................................................................
15 .....................................................................................
16 .....................................................................................
17 .....................................................................................
18 .....................................................................................
19 .....................................................................................
20 .....................................................................................
21 .....................................................................................
22 .....................................................................................
23 .....................................................................................
24 .....................................................................................
25 .....................................................................................
26 .....................................................................................
27 .....................................................................................
28 .....................................................................................
29 .....................................................................................
30 .....................................................................................
31 .....................................................................................
32 .....................................................................................
33 .....................................................................................
34 .....................................................................................
35 .....................................................................................
36 .....................................................................................
37 .....................................................................................
38 .....................................................................................
39 .....................................................................................
40 .....................................................................................
41 .....................................................................................
42 .....................................................................................
VerDate Aug<31>2005
18:04 May 25, 2007
Jkt 211001
PO 00000
0.000400
0.000270
0.000224
0.000175
0.000160
0.000153
0.000147
0.000136
0.000131
0.000133
0.000138
0.000143
0.000151
0.000163
0.000173
0.000183
0.000194
0.000203
0.000213
0.000222
0.000235
0.000247
0.000263
0.000278
0.000298
0.000329
0.000340
0.000350
0.000367
0.000396
0.000445
0.000501
0.000562
0.000626
0.000689
0.000749
0.000806
0.000839
0.000869
0.000897
0.000928
0.000964
Frm 00021
Fmt 4702
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
1.0000
Female
Optional
combined
table for
small plans
Annuitant
mortality
rates
0.000400
0.000270
0.000224
0.000175
0.000160
0.000153
0.000147
0.000136
0.000131
0.000133
0.000138
0.000143
0.000151
0.000163
0.000173
0.000183
0.000194
0.000203
0.000213
0.000222
0.000235
0.000247
0.000263
0.000278
0.000298
0.000329
0.000340
0.000350
0.000367
0.000396
0.000445
0.000501
0.000562
0.000626
0.000689
0.000749
0.000806
0.000839
0.000869
0.000897
0.000955
0.001070
Sfmt 4702
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Weighting
factors for
small plans
computation under section 430 with
respect to valuation dates occurring
during 2008.
Male
Age
Scale AA
projection
factors
Non-annuitant mortality rates
0.000400
0.000270
0.000224
0.000175
0.000160
0.000153
0.000147
0.000136
0.000131
0.000133
0.000138
0.000143
0.000151
0.000163
0.000173
0.000183
0.000194
0.000203
0.000213
0.000222
0.000235
0.000247
0.000263
0.000278
0.000298
0.000329
0.000340
0.000350
0.000367
0.000396
0.000445
0.000501
0.000562
0.000626
0.000689
0.000749
0.000806
0.000839
0.000869
0.000897
0.000928
0.000965
E:\FR\FM\29MYP1.SGM
0.000359
0.000234
0.000175
0.000131
0.000118
0.000111
0.000104
0.000092
0.000088
0.000089
0.000090
0.000093
0.000097
0.000107
0.000117
0.000125
0.000133
0.000136
0.000134
0.000132
0.000129
0.000131
0.000136
0.000142
0.000150
0.000162
0.000169
0.000178
0.000188
0.000210
0.000255
0.000291
0.000320
0.000345
0.000368
0.000389
0.000410
0.000432
0.000458
0.000499
0.000547
0.000602
29MYP1
Annuitant
mortality
rates
0.000359
0.000234
0.000175
0.000131
0.000118
0.000111
0.000104
0.000092
0.000088
0.000089
0.000090
0.000093
0.000097
0.000107
0.000117
0.000125
0.000133
0.000136
0.000134
0.000132
0.000129
0.000131
0.000136
0.000142
0.000150
0.000162
0.000169
0.000178
0.000188
0.000210
0.000255
0.000291
0.000320
0.000345
0.000368
0.000389
0.000410
0.000432
0.000458
0.000499
0.000547
0.000602
Optional
combines
table for
small plans
0.000359
0.000234
0.000175
0.000131
0.000118
0.000111
0.000104
0.000092
0.000088
0.000089
0.000090
0.000093
0.000097
0.000107
0.000117
0.000125
0.000133
0.000136
0.000134
0.000132
0.000129
0.000131
0.000136
0.000142
0.000150
0.000162
0.000169
0.000178
0.000188
0.000210
0.000255
0.000291
0.000320
0.000345
0.000368
0.000389
0.000410
0.000432
0.000458
0.000499
0.000547
0.000602
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
Male
rwilkins on PROD1PC63 with PROPOSALS
Age
Non-annuitant mortality rates
43 .....................................................................................
44 .....................................................................................
45 .....................................................................................
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VerDate Aug<31>2005
18:04 May 25, 2007
Jkt 211001
PO 00000
0.001007
0.001058
0.001116
0.001168
0.001225
0.001284
0.001345
0.001408
0.001472
0.001538
0.001647
0.001767
0.001948
0.002177
0.002446
0.002758
0.003046
0.003366
0.003802
0.004180
0.004680
0.005082
0.005476
0.005994
0.006363
0.006557
0.006876
0.007009
0.007888
0.009646
0.012283
0.015799
0.020195
0.025470
0.031624
0.038657
0.046569
0.055360
0.062905
0.071350
0.079534
0.089800
0.099680
0.110516
0.124300
0.139683
0.154366
0.172706
0.188113
0.207060
0.223365
0.239646
0.259578
0.275506
0.290981
0.310600
0.325288
0.339424
0.358628
0.371685
0.383040
0.392003
0.397886
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
Frm 00022
Fmt 4702
Female
Optional
combined
table for
small plans
Annuitant
mortality
rates
0.001243
0.001474
0.001763
0.002109
0.002513
0.002975
0.003495
0.004072
0.004146
0.004168
0.004226
0.004281
0.004428
0.004663
0.004983
0.005413
0.005876
0.006435
0.007175
0.007904
0.008864
0.009807
0.010861
0.012218
0.013527
0.014731
0.016273
0.017702
0.019586
0.021747
0.024223
0.027024
0.030622
0.034131
0.038547
0.043489
0.049071
0.055360
0.062905
0.071350
0.079534
0.089800
0.099680
0.110516
0.124300
0.139683
0.154366
0.172706
0.188113
0.207060
0.223365
0.239646
0.259578
0.275506
0.290981
0.310600
0.325288
0.339424
0.358628
0.371685
0.383040
0.392003
0.397886
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
Sfmt 4702
29467
Non-annuitant mortality rates
0.001010
0.001066
0.001131
0.001194
0.001266
0.001345
0.001433
0.001529
0.001605
0.001718
0.001893
0.002091
0.002460
0.002966
0.003405
0.003926
0.004457
0.005095
0.005940
0.006825
0.007986
0.009030
0.010232
0.011795
0.013176
0.014436
0.016004
0.017424
0.019312
0.021495
0.024006
0.026849
0.030486
0.034041
0.038493
0.043464
0.049064
0.055360
0.062905
0.071350
0.079534
0.089800
0.099680
0.110516
0.124300
0.139683
0.154366
0.172706
0.188113
0.207060
0.223365
0.239646
0.259578
0.275506
0.290981
0.310600
0.325288
0.339424
0.358628
0.371685
0.383040
0.392003
0.397886
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
E:\FR\FM\29MYP1.SGM
0.000662
0.000727
0.000776
0.000824
0.000873
0.000944
0.001021
0.001130
0.001252
0.001422
0.001617
0.001842
0.002100
0.002400
0.002682
0.002933
0.003207
0.003503
0.003818
0.004149
0.004490
0.004838
0.005187
0.005531
0.005866
0.006189
0.006495
0.006784
0.007411
0.008666
0.010548
0.013058
0.016195
0.019959
0.024351
0.029370
0.035017
0.041291
0.045702
0.050664
0.056255
0.062565
0.070761
0.080120
0.090716
0.101042
0.113903
0.125879
0.138232
0.150672
0.165391
0.177391
0.188755
0.199303
0.212034
0.220611
0.227940
0.233930
0.244834
0.254498
0.266044
0.279055
0.293116
0.307811
0.322725
0.337441
0.351544
0.364617
0.376246
0.386015
29MYP1
Annuitant
mortality
rates
0.000662
0.000727
0.000779
0.000882
0.001037
0.001244
0.001502
0.001812
0.001931
0.002142
0.002415
0.002744
0.003130
0.003586
0.004067
0.004565
0.005130
0.005751
0.006418
0.007132
0.007893
0.008715
0.009613
0.010586
0.011632
0.012774
0.014055
0.015529
0.016975
0.018881
0.020673
0.022912
0.024916
0.027451
0.030694
0.033835
0.037355
0.041291
0.045702
0.050664
0.056255
0.062565
0.070761
0.080120
0.090716
0.101042
0.113903
0.125879
0.138232
0.150672
0.165391
0.177391
0.188755
0.199303
0.212034
0.220611
0.227940
0.233930
0.244834
0.254498
0.266044
0.279055
0.293116
0.307811
0.322725
0.337441
0.351544
0.364617
0.376246
0.386015
Optional
combines
table for
small plans
0.000662
0.000727
0.000776
0.000825
0.000877
0.000954
0.001041
0.001164
0.001292
0.001476
0.001693
0.001949
0.002295
0.002739
0.003153
0.003566
0.004045
0.004617
0.005327
0.006117
0.007049
0.007956
0.008972
0.010140
0.011267
0.012460
0.013773
0.015233
0.016683
0.018604
0.020433
0.022712
0.024768
0.027349
0.030629
0.033805
0.037347
0.041291
0.045702
0.050664
0.056255
0.062565
0.070761
0.080120
0.090716
0.101042
0.113903
0.125879
0.138232
0.150672
0.165391
0.177391
0.188755
0.199303
0.212034
0.220611
0.227940
0.233930
0.244834
0.254498
0.266044
0.279055
0.293116
0.307811
0.322725
0.337441
0.351544
0.364617
0.376246
0.386015
29468
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
Male
Age
113
114
115
116
117
118
119
120
Non-annuitant mortality rates
...................................................................................
...................................................................................
...................................................................................
...................................................................................
...................................................................................
...................................................................................
...................................................................................
...................................................................................
(f) Applicability date. This section
applies for plan years beginning on or
after January 1, 2008.
Par. 3. Section 1.430(h)(3)–2 is added
to read as follows:
rwilkins on PROD1PC63 with PROPOSALS
§ 1.430(h)(3)–2 Plan-specific substitute
mortality tables used to determine present
value.
(a) In general. This section sets forth
rules for the use of substitute mortality
tables under section 430(h)(3)(C) in
determining any present value or
making any computation under section
430 in accordance with § 1.430(h)(3)–
1(a)(1). In order to use substitute
mortality tables, a plan sponsor must
obtain approval to use substitute
mortality tables for the plan in
accordance with the procedures set
forth in paragraph (b) of this section.
Paragraph (c) of this section sets forth
rules for the development of substitute
mortality tables, including guidelines
for determining whether a plan has
sufficient credible mortality experience
to use substitute mortality tables.
Paragraph (d) of this section sets forth
special rules regarding the use of
substitute mortality tables. The
Commissioner may, in revenue rulings
and procedures, notices and other
guidance published in the Internal
Revenue Bulletin (see
§ 601.601(d)(2)(ii)(b) of this chapter),
provide additional guidance regarding
approval and use of substitute mortality
tables under section 430(h)(3)(C) and
related matters.
(b) Procedures for obtaining approval
to use substitute mortality tables—(1)
Written request to use substitute
mortality tables—(i) General
requirements. In order to use substitute
mortality tables, a plan sponsor must
submit a written request to the
Commissioner that demonstrates that
those substitute mortality tables meet
the requirements of section 430(h)(3)(C)
and this section. This request must state
the first plan year and the term of years
(not more than 10) that the tables are
requested to be used.
VerDate Aug<31>2005
18:04 May 25, 2007
Jkt 211001
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
Female
Optional
combined
table for
small plans
Annuitant
mortality
rates
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
(ii) Time for written request—(A) In
general. Except as provided in
paragraph (b)(1)(ii)(B) of this section,
substitute mortality tables cannot be
used for a plan year unless the plan
sponsor submits the written request
described in paragraph (b)(1)(i) of this
section at least 7 months prior to the
first day of the first plan year for which
the substitute mortality tables are to
apply.
(B) Special rule for requests submitted
on or before October 1, 2007.
Notwithstanding the rule of paragraph
(b)(1)(ii)(A) of this section, the timing of
the written request described in
paragraph (b)(1)(i) of this section does
not prevent a plan from using substitute
mortality tables for a plan year provided
that the written request is submitted no
later than October 1, 2007.
(2) Commissioner’s review of
request—(i) In general. During the 180day period that begins on the date the
plan sponsor submits a request to use
substitute mortality tables for a plan
pursuant to this section, the
Commissioner will determine whether
the request to use substitute mortality
tables satisfies the requirements of this
section (including any published
guidance issued pursuant to paragraph
(a) of this section), and will either
approve or deny the request. The
Commissioner will deny a request if the
request fails to meet the requirements of
this section or if the Commissioner
determines that a substitute mortality
table does not sufficiently reflect the
mortality experience of the applicable
plan population.
(ii) Request for additional
information. The Commissioner may
request additional information with
respect to the submission. Failure to
provide that information on a timely
basis constitutes grounds for denial of
the request.
(iii) Deemed approval. Except as
provided in paragraph (b)(2)(iv) of this
section, if the Commissioner does not
issue a denial within the 180-day review
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
Non-annuitant mortality rates
0.393507
0.398308
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
Annuitant
mortality
rates
0.393507
0.398308
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
Optional
combines
table for
small plans
0.393507
0.398308
0.400000
0.400000
0.400000
0.400000
0.400000
1.000000
period, the request is deemed to have
been approved.
(iv) Extension of time permitted. The
Commissioner and a plan sponsor may,
before the expiration of the 180-day
review period, agree in writing to
extend that period, provided that any
such agreement also specifies any
revisions in the plan sponsor’s request,
including any change in the requested
term of use of the substitute mortality
tables.
(c) Development of substitute
mortality tables—(1) Mortality
experience requirements—(i) In general.
Substitute mortality tables must reflect
the actual mortality experience of the
pension plan maintained by the plan
sponsor for which the tables are to be
used and that mortality experience must
be credible mortality experience as
described in paragraph (c)(1)(ii) of this
section. Separate mortality tables must
be established for each gender under the
plan, and a substitute mortality table is
permitted to be established for a gender
only if the plan has credible mortality
experience with respect to that gender.
(ii) Credible mortality experience.
There is credible mortality experience
for a gender within a plan if and only
if, over the period covered by the
experience study described in paragraph
(c)(2)(ii) of this section, there are at least
1,000 deaths within that gender.
(iii) Gender without credible mortality
experience—(A) In general. If, for the
first year for which a plan uses
substitute mortality tables, one gender
has credible mortality experience but
the other gender does not have credible
mortality experience, the substitute
mortality tables are used for the gender
that does have credible mortality
experience and the mortality tables
under § 1.430(h)(3)–1 are used for the
gender that does not have credible
mortality experience. For a subsequent
plan year, the plan sponsor may
continue to use substitute mortality
tables for the gender with credible
mortality experience without using
substitute mortality tables for the other
E:\FR\FM\29MYP1.SGM
29MYP1
rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
gender only if the other gender
continues to lack credible mortality
experience for that subsequent plan
year.
(B) Demonstration of lack of credible
mortality experience for a gender. In
order to demonstrate that a gender
within a plan does not have credible
mortality experience for a plan year, the
mortality experience of that population
must be analyzed using a 4-year
experience study that ends less than 3
years before the first day of that plan
year. For example, if a plan uses
substitute mortality tables based on
credible mortality experience for its
male population and the standard
mortality tables under § 1.430(h)(3)–1
for its female population, there must be
an experience study which shows that
the plan’s female population does not
have at least 1,000 deaths in a 4-year
period that ends less than 3 years before
the first day of that plan year.
(iv) Disabled individuals. Under
section 430(h)(3)(D), separate mortality
tables are permitted to be used for
certain disabled individuals. If such
separate mortality tables are used for
those disabled individuals, then those
individuals are disregarded for all
purposes under this section. Thus, if the
mortality tables under section
430(h)(3)(D) are used for disabled
individuals under a plan, mortality
experience with respect to those
individuals must be excluded in
developing mortality rates for substitute
mortality tables under this section.
(2) Base table and base year—(i) In
general. Development of a substitute
mortality table under this section
requires creation of a base table and
identification of a base year under this
paragraph (c)(2). The base table and base
year are then used to determine a
substitute mortality table under
paragraph (c)(3) of this section.
(ii) Experience study and base table
requirements—(A) In general. The base
table for a plan population must be
developed from an experience study of
the mortality experience of that plan
population that generates amountsweighted mortality rates based on
experience data for the plan over 2, 3,
or 4 consecutive years. The last day of
the final year reflected in the experience
data must be less than 3 years before the
first day of the first plan year for which
the substitute mortality tables are to
apply. For example, if July 1, 2008, is
the first day of the first plan year for
which the substitute mortality tables
will be used, then an experience study
using calendar year data must include
data collected for a period that ends no
earlier than December 31, 2005.
VerDate Aug<31>2005
18:04 May 25, 2007
Jkt 211001
(B) Amounts-weighted mortality rates.
The amounts-weighted mortality rate for
an age is equal to the quotient
determined by dividing the sum of the
accrued benefits (or payable benefits, in
the case of individuals in pay status) for
all individuals at that age at the
beginning of the year who died during
the year, by the sum of the accrued
benefits (or payable benefits, in the case
of individuals in pay status) for all
individuals at that age at the beginning
of the year, with appropriate
adjustments for individuals who left the
relevant plan population during the year
for reasons other than death. Because
amounts-weighted mortality rates for a
plan cannot be determined without
accrued (or payable) benefits, the
mortality experience study used to
develop a base table cannot include
periods before the plan was established.
(C) Grouping of ages. Amountsweighted mortality rates may be derived
from amounts-weighted mortality rates
for age groups. The Commissioner, in
revenue rulings and procedures, notices,
and other guidance, may specify
grouping rules (for example, 5-year age
groups, except for extreme ages such as
ages above 100 or below 20) and
methods for developing amountsweighted mortality rates for individual
ages from amounts-weighted mortality
rates initially determined for each age
group.
(D) Base table construction. The base
tables must be constructed from the
amounts-weighted mortality rates
determined in paragraph (c)(2)(ii)(B) of
this section. The base tables must be
constructed either directly through
graduation of the amounts-weighted
mortality rates or indirectly by applying
a level percentage to the applicable
mortality table set forth in § 1.430(h)(3)–
1, provided that the adjusted table
sufficiently reflects the mortality
experience of the plan. The
Commissioner also may permit the use
of other recognized mortality tables in
the construction of base tables, applying
a similar mortality experience standard.
(iii) Base year requirements. Where
there are 2 years of experience data, the
base year is the calendar year in which
the first year of the experience data
begins. Where there are 3 or 4 years of
experience data, the base year is the
calendar year in which the second year
of the experience data begins. If the base
table is constructed by applying a level
percentage to a table set forth in
§ 1.430(h)(3)–1, then the percentage
must be applied to the table under
§ 1.430(h)(3)–1 after it has been
projected to the base year using
Projection Scale AA, as set forth in
§ 1.430(h)(3)–1(d). Thus, for example, if
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29469
the base year of the mortality experience
study is 2004, the applicable base (year
2000) mortality rates must be projected
four years prior to determining the level
percentage to be applied to the
applicable projected base (year 2000)
mortality rates.
(iv) Change in number of individuals
covered by table. Experience data
cannot be used to develop a base table
if the number of individuals in the
population covered by the table (for
example, the male annuitant
population) as of the last day of the plan
year before the year the request to use
substitute mortality tables is made,
compared to the average number of
individuals in that population over the
years covered by the experience study
on which the substitute mortality tables
are based, reflects a difference of 20
percent or more, unless it is
demonstrated to the satisfaction of the
Commissioner that the experience data
is accurately predictive of future
mortality of that plan population (taking
into account the effect of the change in
individuals) after appropriate
adjustments to the data are made (for
example, excluding data from
individuals with respect to a spun-off
portion of the plan). For this purpose, a
reasonable estimate of the number of
individuals in the population covered
by the table may be used, such as the
estimated number of participants and
beneficiaries used for purposes of the
PBGC Form 1–ES.
(3) Determination of substitute
mortality tables—(i) In general. A plan’s
substitute mortality tables must be
generational mortality tables. Substitute
mortality tables are determined using
the base mortality tables developed
pursuant to paragraph (c)(2) of this
section and the projection factors
provided in Projection Scale AA, as set
forth in § 1.430(h)(3)–1(d). Under the
generational mortality tables, the
probability of an individual’s death at a
particular age is determined as the
individual’s base mortality rate (that is,
the applicable mortality rate from the
base mortality table for the age for
which the probability of death is being
determined) multiplied by the mortality
improvement factor. The mortality
improvement factor is equal to
(1¥projection factor for that age)n,
where n is equal to the projection period
(the number of years between the base
year for the base mortality table and the
calendar year in which the individual
attains the age for which the probability
of death is being determined).
(ii) Example of calculation. As an
example of the use of generational
mortality tables under paragraph
(c)(3)(i) of this section, if approved
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substitute mortality tables are based on
data collected during 2005 and 2006,
the base year would be the first year of
experience (2005) because the substitute
tables are based on two years of
experience data. If the tables show a
base mortality rate of .006000 for male
annuitants at age 54, the probability of
death at age 54 for a male annuitant
born in 1974 would be determined
using the base mortality rate of .006000,
the age-54 projection factor of .020
(pursuant to the Scale AA Projection
Factors set forth in § 1.430(h)(3)–1(d))
and a projection period of 23 years. The
projection period is the number of years
between the base year of 2005 and the
calendar year in which the individual
reaches age 54. Accordingly, the
mortality improvement factor would be
.628347 and the probability of death at
age 54 would be .003770.
(4) Separate tables for specified
populations—(i) In general. Except as
provided in this paragraph (c)(4),
separate substitute mortality tables are
permitted to be used for separate
populations within a gender under a
plan only if—
(A) All individuals of that gender in
the plan are divided into separate
populations;
(B) Each separate population has
credible mortality experience as
provided in paragraph (c)(4)(iii) of this
section; and
(C) The separate substitute mortality
table for each separate population is
developed using mortality experience
data for that population.
(ii) Annuitant and nonannuitant
separate populations. Notwithstanding
paragraph (c)(4)(i)(B) of this section,
substitute mortality tables for separate
populations of annuitants and
nonannuitants within a gender may be
used even if only one of those separate
populations has credible mortality
experience. Similarly, if separate
populations that satisfy paragraph
(c)(4)(i)(B) of this section are
established, then any of those
populations may be further subdivided
into separate annuitant and
nonannuitant subpopulations, provided
that at least one of the two resulting
subpopulations has credible mortality
experience. The standard mortality
tables under § 1.430(h)(3)–1 are used for
a resulting subpopulation that does not
have credible mortality experience. For
example, in the case of a plan that has
credible mortality experience for both
its male hourly and salaried individuals,
if the male salaried annuitant
population has credible mortality
experience, it may use substitute
mortality tables with respect to that
population even if the male salaried
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nonannuitant population uses the
standard mortality tables under
§ 1.430(h)(3)–1 (because that
nonannuitant population does not have
credible mortality experience).
(iii) Credible mortality experience for
separate populations. In determining
whether a separate population within a
gender has credible mortality
experience, the requirements of
paragraph (c)(1)(ii) of this section must
be satisfied but, in applying that
paragraph, the separate population
should be substituted for the particular
gender. In demonstrating that an
annuitant or nonannuitant population
within a gender or within a separate
population does not have credible
mortality experience, the requirements
of paragraph (c)(1)(iii) of this section
must be satisfied but, in applying that
paragraph, the annuitant (or
nonannuitant) population should be
substituted for the particular gender.
(d) Special rules—(1) All plans in
controlled group must use substitute
mortality tables—(i) In general. Except
as otherwise provided in this paragraph
(d)(1), substitute mortality tables are
permitted to be used for a plan only if
the use of substitute mortality tables is
approved under this section for each
other pension plan subject to the
requirements of section 430 that is
maintained by the sponsor and by each
member of the plan sponsor’s controlled
group. For purposes of this section, the
term controlled group means any group
treated as a single employer under
subsection (b), (c), (m), or (o) of section
414.
(ii) Plans without credible
experience—(A) In general. For the first
year for which a plan uses substitute
mortality tables, the use of substitute
mortality tables for the plan is not
prohibited merely because another plan
described in paragraph (d)(1)(i) of this
section cannot use substitute mortality
tables because neither the males nor the
females under that other plan have
credible mortality experience for a plan
year. For each subsequent plan year, the
plan sponsor may continue to use
substitute mortality tables for the plan
with credible mortality experience
without using substitute mortality tables
for the other plan only if neither the
males nor the females under that other
plan have credible mortality experience
for that subsequent plan year.
(B) Analysis of mortality experience.
For each plan year in which a plan uses
substitute mortality tables, in order to
demonstrate that the male and female
populations of another plan maintained
by the plan sponsor (or by a member of
the plan sponsor’s controlled group) do
not have credible mortality experience,
PO 00000
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Fmt 4702
Sfmt 4702
the requirements of paragraph
(c)(1)(iii)(B) of this section must be
satisfied for that plan year. Thus, a plan
is not prohibited from using substitute
mortality tables for a plan year merely
because another plan in the controlled
group of the plan sponsor does not have
at least 1,000 male deaths and does not
have at least 1,000 female deaths in a 4year period that ends less than 3 years
before the first day of that plan year.
(iii) Newly acquired plans not using
substitute mortality tables—(A) In
general. The use of substitute mortality
tables for a plan is not prohibited
merely because a newly acquired plan
does not use substitute mortality tables,
but only through the last day of the plan
year of the plan using substitute
mortality tables that contains the end of
the period described in section
410(b)(6)(C). Thus, for the following
plan year, the mortality tables
prescribed under § 1.430(h)(3)–1 apply
with respect to the plan (and all other
plans within the plan sponsor’s
controlled group, including the acquired
plan) unless—
(1) Approval to use substitute
mortality tables has been obtained with
respect to the acquired plan pursuant to
paragraph (b)(1) of this section; or
(2) The acquired plan cannot use
substitute mortality tables because
neither the males nor the females under
the plan have credible mortality
experience as described in paragraph
(c)(1)(ii) of this section (as determined
in accordance with the rules of
paragraph (d)(1)(iv) of this section).
(B) Definition of newly acquired plan.
For purposes of this section, a plan is
treated as a newly acquired plan if it
becomes maintained by the plan
sponsor (or by a member of the plan
sponsor’s controlled group) in
connection with a merger, acquisition,
or similar transaction described in
§ 1.410(b)–2(f). In addition, a plan also
is treated as a newly acquired plan for
purposes of this section if a plan is
established in connection with a
transfer in accordance with section
414(l) of assets and liabilities from
another employer’s plan in connection
with a merger, acquisition, or similar
transaction described in § 1.410(b)–2(f).
(iv) Demonstration of credible
mortality experience for newly acquired
plan—(A) In general. In general, in the
case of a newly acquired plan described
in paragraph (d)(1)(iii) of this section,
the demonstration of whether credible
mortality experience exists for the plan
for a plan year may be made by either
including or excluding mortality
experience data for the period prior to
the date the plan becomes maintained
by a member of the new plan sponsor’s
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controlled group. If a plan sponsor
excludes mortality experience data for
the period prior to the date the plan
becomes maintained within the new
plan sponsor’s controlled group, the
exclusion must apply for all populations
within the plan.
(B) Demonstration of credible
mortality experience. Regardless of
whether mortality experience data for
the period prior to the date a newly
acquired plan becomes maintained
within the new plan sponsor’s
controlled group is included or
excluded for a plan year, the provisions
of this section, including the
demonstration of credible mortality
experience in accordance with
paragraph (c)(1)(ii) of this section, must
be satisfied before substitute mortality
tables may be used with respect to the
plan. Thus, for example, the plan must
meet the rule in paragraph (c)(2)(ii)(A)
of this section that the base table be
based on mortality experience data for
the plan over a 2, 3, or 4-consecutive
year period that ends less than 3 years
before the first day of the plan year for
which substitute mortality tables will be
used.
(C) Demonstration of lack of credible
mortality experience. In the case of a
newly acquired plan described in
paragraph (d)(1)(iii) of this section, in
order to demonstrate a lack of credible
mortality experience with respect to a
gender for a plan year, the rules of
paragraph (c)(1)(iii)(B) of this section
generally will apply. However, a special
rule applies if the plan’s mortality
experience demonstration for a plan
year is made by excluding mortality
experience for the period prior to the
date the plan becomes maintained by a
member of the new plan sponsor’s
controlled group. In such a case, an
employer is permitted to demonstrate a
plan’s lack of credible mortality
experience using an experience study
period of less than four years, provided
that the experience study period begins
with the date the plan becomes
maintained within the sponsor’s
controlled group and ends not more
than one year and one day before the
first day of the plan year with respect to
which the lack of credible mortality
experience demonstration is made.
Thus, if the transaction occurred on July
1, 2010, in order to demonstrate a lack
of credible mortality experience for
males and females for the plan year
beginning January 1, 2012 (the first day
of the plan year following the section
410(b)(6)(C) transition period), there
must be an experience study which
shows that the plan’s male and female
populations each do not have 1,000
deaths during the period from July 1,
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18:04 May 25, 2007
Jkt 211001
2010—December 31, 2010. Similarly, in
order to perform the demonstration to
show a lack of credible mortality
experience for the plan year beginning
January 1, 2013, there must be an
experience study which shows that the
plan’s male and female populations
each do not have 1,000 deaths during
the period from July 1, 2010—December
31, 2011.
(2) Duration of use of tables. Except
as provided in paragraph (d)(4) of this
section, substitute mortality tables are
used with respect to a plan for the term
of consecutive plan years specified in
the plan sponsor’s written request to use
such tables under paragraph (b)(1) of
this section and approved by the
Commissioner, or such shorter period
prescribed by the Commissioner in the
approval to use substitute mortality
tables. Following the end of such term
of use, or following any early
termination of use described in
paragraph (d)(4) of this section, the
mortality tables specified in
§ 1.430(h)(3)–1 apply with respect to the
plan unless approval under paragraph
(b)(1) of this section has been received
by the plan sponsor to use substitute
mortality tables for a further term.
(3) Aggregation—(i) Permissive
aggregation of plans. In order for a plan
sponsor to use a set of substitute
mortality tables with respect to two or
more plans, the rules of this section are
applied by treating those plans as a
single plan. In such a case, the
substitute mortality tables must be used
for the aggregated plans and must be
based on data collected with respect to
those aggregated plans.
(ii) Required aggregation of plans. In
general, plans are not required to be
aggregated for purposes of applying the
rules of this section. However, for
purposes of this section, a plan is
required to be aggregated with any plan
that was previously spun off from that
plan for purposes of this section if the
Commissioner determines that one
purpose of the spinoff is to avoid the
use of substitute mortality tables for any
of the plans that were involved in the
spinoff.
(4) Early termination of use of
tables—(i) General rule. A plan’s
substitute mortality tables cannot be
used as of the earliest of—
(A) The plan year in which the plan
fails to satisfy the requirements of
paragraph (c)(1) of this section
(regarding credible mortality experience
requirements and demonstrations);
(B) The plan year in which the plan
fails to satisfy the requirements of
paragraph (d)(1) of this section
(regarding use of substitute mortality
tables by controlled group members);
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29471
(C) The second plan year following
the plan year in which there is a
significant change in individuals
covered by the plan as described in
paragraph (d)(4)(ii) of this section;
(D) The plan year following the plan
year in which a substitute mortality
table used for a plan population is no
longer accurately predictive of future
mortality of that population, as
determined by the Commissioner or as
certified by the plan’s actuary to the
satisfaction of the Commissioner; or
(E) The date specified in guidance
published in the Internal Revenue
Bulletin (see § 601.601(d)(2)(ii)(b) of this
chapter) pursuant to a replacement of
mortality tables specified under section
430(h)(3)(A) and § 1.430(h)(3)–1 (other
than annual updates to the static
mortality tables issued pursuant to
§ 1.430(h)–1(a)(3)).
(ii) Significant change in coverage—
(A) Change in coverage from time of
experience study. For purposes of
applying the rules of paragraph
(d)(4)(i)(C) of this section, a significant
change in the individuals covered by a
substitute mortality table occurs if there
is an increase or decrease in the number
of individuals of at least 20 percent
compared to the average number of
individuals in that population over the
years covered by the experience study
on which the substitute mortality tables
are based. However, a change in
coverage is not treated as significant if
the plan’s actuary certifies in writing to
the satisfaction of the Commissioner
that the substitute mortality tables used
for the plan population continue to be
accurately predictive of future mortality
of that population (taking into account
the effect of the change in the
population).
(B) Change in coverage from time of
certification. For purposes of applying
the rules of paragraph (d)(4)(i)(C) of this
section, a significant change in the
individuals covered by a substitute
mortality table occurs if there is an
increase or decrease in the number of
individuals covered by a substitute
mortality table of at least 20 percent
compared to the number of individuals
in a plan year for which a certification
described in paragraph (d)(4)(ii)(A) of
this section was made on account of a
prior change in coverage. However, a
change in coverage is not treated as
significant if the plan’s actuary certifies
in writing to the satisfaction of the
Commissioner that the substitute
mortality tables used by the plan with
respect to the covered population
continue to be accurately predictive of
future mortality of that population
(taking into account the effect of the
change in the plan population).
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Federal Register / Vol. 72, No. 102 / Tuesday, May 29, 2007 / Proposed Rules
(e) Applicability date. This section
applies for plan years beginning on or
after January 1, 2008.
Par. 4. Section 1.431(c)(6)–1 is added
to read as follows:
§ 1.431(c)(6)–1 Mortality tables used to
determine current liability.
The mortality assumptions that apply
to a defined benefit plan for the plan
year pursuant to section 430(h)(3)(A)
and § 1.430(h)(3)–1(a)(2) are used to
determine a multiemployer plan’s
current liability for purposes of
applying the rules of section 431(c)(6).
A multiemployer plan is permitted to
apply either the static mortality tables
used pursuant to § 1.430(h)(3)–1(a)(3) or
generational mortality tables used
pursuant to § 1.430(h)(3)–1(a)(4) for this
purpose. However, for this purpose, a
multiemployer plan is not permitted to
use substitute mortality tables under
§ 1.430(h)(3)–2.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 07–2631 Filed 5–23–07; 9:35 am]
BILLING CODE 4830–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2007–27871]
RIN 2126–AB09
Fees for Unified Carrier Registration
Plan and Agreement
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking.
rwilkins on PROD1PC63 with PROPOSALS
AGENCY:
SUMMARY: This proposed rule would
establish annual fees and a fee bracket
structure for the Unified Carrier
Registration Agreement as required
under the Unified Carrier Registration
Act of 2005, enacted as Subtitle C of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users.
DATES: You must submit comments on
or before June 13, 2007.
ADDRESSES: You may submit comments,
identified by DOT DMS Docket Number
FMCSA–2007–27871, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
dms.dot.gov. Follow the instructions for
VerDate Aug<31>2005
18:04 May 25, 2007
Jkt 211001
submitting comments on the DOT
electronic docket site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 205900001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number (FMCSA–2004–27871) or
Regulatory Identification Number (RIN)
for this rulemaking (RIN 2126–AB09).
Note that all comments received will be
posted without change to https://
dms.dot.gov, including any personal
information provided. Please see the
Privacy Act heading for further
information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
Privacy Act: Anyone is able to search
the electronic form for all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
dms.dot.gov. Comments received after
the comment closing date will be
included in the docket and we will
consider late comments to the extent
practicable. FMCSA may, however,
issue a final rule at any time after the
close of the comment period.
FOR FURTHER INFORMATION CONTACT: Mr.
Greg Parks, Regulatory Development
Division, (202) 366–5370, FMCSA,
Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590 or by e-mail at:
FMCSAregs@DOT.gov.
SUPPLEMENTARY INFORMATION
I. Legal Basis for the Rulemaking
This proposed rule involves the fees
to be set for the Unified Carrier
Registration Agreement established by
49 U.S.C. 14504a, enacted by section
4305(b) of the Safe, Accountable,
Flexible, Efficient Transportation Equity
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
Act: A Legacy for Users (SAFETEA–LU)
(119 Stat. 1144, 1764 (2005)). New
section 14504a establishes the Unified
Carrier Registration Plan, ‘‘an
organization * * * responsible for
developing, implementing, and
administering the unified carrier
registration agreement’’ (49 U.S.C.
14504a(a)(9)). The Unified Carrier
Registration Agreement is ‘‘an interstate
agreement governing the collection and
distribution of registration and financial
responsibility information provided and
fees paid by motor carriers, motor
private carriers, brokers, freight
forwarders and leasing companies
* * * ’’ (49 U.S.C. 14504a(a)(8)).
Congress also repealed the statutory
provisions of 49 U.S.C. 14504 governing
the Single State Registration System
(SSRS) (SAFETEA–LU section 4305(a)).1
The legislative history indicates that the
purpose of the UCR Plan and Agreement
is both to ‘‘replace the existing outdated
system [SSRS]’’ for registration of
interstate motor carrier entities with the
States and to ‘‘ensure that States don’t
lose current revenues derived from
SSRS’’ (S. Rep. 109–120, at 2 (2005)).2
The statute provides for a 15–member
Board of Directors for the UCR Plan and
Agreement to be appointed by the
Secretary of Transportation. The
establishment of the UCR Board
(‘‘Board’’) was announced in the
Federal Register on May 12, 2006 (71
FR 27777). Among its responsibilities,
the Board must submit to the Secretary
of Transportation 3 a recommendation
for the initial annual fees to be assessed
motor carriers, motor private carriers,
freight forwarders, brokers and leasing
companies under the UCR Agreement
(49 U.S.C. 14504a(d)(7)(A)). FMCSA
then is directed to set the fees within 90
days after receiving the Board’s
recommendation and after notice and
opportunity for public comment (49
U.S.C. 14504a(d)(7)(B)).
II. Statutory Requirements for UCR
Fees
The statute specifies several relevant
factors that must be considered by the
Board and FMCSA in setting the fees
(see 49 US.C. 14504a(d)(7)(A), (f)(I) and
(g)). It specifies that fees are to be
determined by FMCSA based upon the
recommendation of the Board. In
1 This repeal became effective on January 1, 2007,
in accordance with section 4305(a).
2 The Senate bill’s provisions were enacted ‘‘with
modifications.’’ H. Conf. Rep. No. 109–203, at 1020
(2005).
3 The Secretary’s functions under section 14504a
have been delegated to the Administrator of the
Federal Motor Carrier Safety Administration. 49
CFR 1.73(a)(7), as amended, 71 FR 30833 (May 31,
2006).
E:\FR\FM\29MYP1.SGM
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Agencies
[Federal Register Volume 72, Number 102 (Tuesday, May 29, 2007)]
[Proposed Rules]
[Pages 29456-29472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2631]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG-143601-06]
RIN 1545-BG30
Mortality Tables for Determining Present Value
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document contains proposed regulations providing
mortality tables to be used in determining present value or making any
computation for purposes of applying certain pension funding
requirements. These regulations affect sponsors, administrators,
participants, and beneficiaries of certain retirement plans.
DATES: Written or electronic comments and requests for a public hearing
must be received by August 27, 2007.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-143601-06), room
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered Monday through
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
143601-06), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue, NW., Washington, DC, or sent electronically, via the Federal
eRulemaking Portal at https://www.regulations.gov (IRS-REG-143601-06).
FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Bruce
Perlin, Lauson C. Green, or Linda S.F. Marshall at (202) 622-6090;
concerning submissions and requests for a public hearing, Kelly Banks
at (202) 622-7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
Section 412 provides minimum funding requirements for defined
benefit pension plans. The Pension Protection Act of 2006 (PPA), Public
Law 109-280 (120 Stat. 780), makes extensive changes to those minimum
funding requirements that generally apply for plan years beginning on
or after January 1, 2008. Section 430, which was added by PPA,
specifies the minimum funding requirements that apply to defined
benefit plans that are not multiemployer plans pursuant to
[[Page 29457]]
section 412.\1\ Section 430(a) defines the minimum required
contribution for a defined benefit plan that is not a multiemployer
plan by reference to the plan's funding target for the plan year. Under
section 430(d)(1), a plan's funding target for a plan year generally is
the present value of all benefits accrued or earned under the plan as
of the beginning of the plan year.
---------------------------------------------------------------------------
\1\ Section 302 of the Employee Retirement Income Security Act
of 1974, as amended (ERISA) sets forth funding rules that are
parallel to those in section 412 of the Internal Revenue Code
(Code), and section 303 of ERISA sets forth additional funding rules
for defined benefit plans (other than multiemployer plans) that are
parallel to those in section 430 of the Code. Under section 101 of
Reorganization Plan No. 4 of 1978 (43 FR 47713) and section 302 of
ERISA, the Secretary of the Treasury has interpretive jurisdiction
over the subject matter addressed in these proposed regulations for
purposes of ERISA, as well as the Code. Thus, these proposed
Treasury regulations issued under section 430 of the Code apply as
well for purposes of section 303 of ERISA.
---------------------------------------------------------------------------
Section 430(h)(3) provides rules regarding the mortality tables to
be used under section 430. Under section 430(h)(3)(A), except as
provided in section 430(h)(3)(C) or (D), the Secretary is to prescribe
by regulation mortality tables to be used in determining any present
value or making any computation under section 430. Those tables are to
be based on the actual experience of pension plans and projected trends
in such experience. In prescribing those tables, the Secretary is
required to take into account results of available independent studies
of mortality of individuals covered by pension plans. This standard for
issuing the mortality table under section 430(h)(3)(A) is the same as
the standard for issuing updated mortality tables pursuant to the
review under section 412(l)(7)(C)(ii)(III) of the mortality table used
in determining a plan's current liability pursuant to section
412(l)(7)(C)(ii)(I) for plan years before the effective date of the PPA
changes.
Section 430(h)(3)(C) provides rules for a plan sponsor's use of
substitute mortality tables. Upon the request of a plan sponsor and
approval by the Secretary, mortality tables that meet the requirements
for substitute mortality tables are used in determining present value
or making any computation under section 430 during the period of
consecutive plan years (not to exceed 10) specified in the request.
Substitute mortality tables cease to be in effect as of the earliest of
the date on which there is a significant change in the participants in
the plan by reason of a plan spinoff or merger or otherwise, or the
date on which the plan actuary determines that those tables do not meet
the requirements for substitute mortality tables. The plan sponsor's
request to use substitute mortality tables is to be made at least 7
months before the first day of the first plan year for which substitute
mortality tables are to apply. A request to use substitute mortality
tables is deemed approved unless the Secretary denies approval for the
use of those mortality tables within 180 days of the request (subject
to extension of this period by mutual agreement).
Mortality tables meet the requirements for substitute mortality
tables if the pension plan has a sufficient number of plan participants
and the plan has been maintained for a sufficient period of time in
order to have credible mortality experience, and such tables reflect
the actual experience of the plan and projected trends in general
mortality experience of participants in pension plans. Except as
provided by the Secretary, a plan sponsor cannot use substitute
mortality tables for any plan unless substitute mortality tables are
established and used for each other plan maintained by the plan sponsor
and the plan sponsor's controlled group.
Section 430(h)(3)(D) provides for the use of separate mortality
tables with respect to certain individuals who are entitled to benefits
on account of disability. These separate mortality tables are permitted
to be used with respect to disabled individuals in lieu of the
generally applicable mortality tables provided pursuant to section
430(h)(3)(A) or the substitute mortality tables under section
430(h)(3)(C). The Secretary is to establish separate tables for
individuals with disabilities occurring in plan years beginning before
January 1, 1995, and in later plan years, with the mortality tables for
individuals with disabilities occurring in those later plan years
applying only to individuals who are disabled within the meaning of
Title II of the Social Security Act.
Section 431, which was added by PPA, specifies the minimum funding
requirements that apply to multiemployer plans. Under section
431(c)(6)(B), a plan's full funding limitation cannot be less than the
excess (if any) of 90 percent of the current liability of the plan
(including the expected increase in current liability due to benefits
accruing during the plan year) over the value of the plan's assets.
Section 431(c)(6)(D)(iv)(II) provides that the Secretary may by
regulation prescribe mortality tables to be used in determining a
plan's current liability for purposes of section 431(c)(6). The
standards for these mortality tables are the same as the standards for
mortality tables to be prescribed under section 430(h)(3)(A). Section
431(c)(6)(D)(iv)(I) provides that, until mortality tables are
prescribed under section 431(c)(6)(D)(iv)(II), the mortality table used
in determining a plan's current liability for purposes of section
431(c)(6) is the table prescribed by the Secretary that is based on the
prevailing commissioners' standard table (described in section
807(d)(5)(A)) used to determine reserves for group annuity contracts
issued on January 1, 1993.
Notice 2003-62 (2003-2 CB 576) was issued as part of the periodic
review pursuant to section 412(l)(7)(C)(ii)(III) of the mortality
tables used in determining current liability pursuant to section
412(l)(7)(C)(ii)(I). At the time Notice 2003-62 was issued, the IRS and
the Treasury Department were aware of two reviews of mortality
experience for pension plan participants undertaken by the Retirement
Plans Experience Committee of the Society of Actuaries (the UP-94 Study
and the RP-2000 Mortality Tables Report),\2\ and commentators were
invited to submit any other independent studies of pension plan
mortality experience. Notice 2003-62 also requested the submission of
studies regarding projected trends in mortality experience. With
respect to projecting mortality improvements, the IRS and the Treasury
Department requested comments regarding the advantages and
disadvantages of reflecting these trends on an ongoing basis through
the use of generational, modified generational, or sequentially static
mortality tables. See Sec. 601.601(d)(2)(ii)(b) of this chapter.
---------------------------------------------------------------------------
\2\ The UP-94 Study, prepared by the UP-94 Task Force of the
Society of Actuaries, was published in the Transactions of the
Society of Actuaries, Vol. XLVII (1995), p. 819. The RP-2000
Mortality Table Report was released in July, 2000. Society of
Actuaries, RP-2000 Mortality Tables Report, at https://www.soa.org/
ccm/content/research-publications/experience-studies-tools/the-rp-
2000-mortality-tables/.
---------------------------------------------------------------------------
On December 2, 2005, the IRS issued proposed regulations under
section 412(l)(7) (REG-124988-05, 70 FR 72260-01) setting forth
mortality tables to be used for nondisabled pension plan participants
(the 2005 proposed regulations). Those proposed regulations would have
required plans of 500 or more participants (including both active and
inactive participants) to use separate mortality tables for
nonannuitant and annuitant periods. Those separate tables were derived
from the RP-2000 mortality tables, with different projection periods
for annuitants and nonannuitants based on an estimate of the duration
of the respective liabilities. Small plans, defined as those with fewer
than 500 participants, would have been permitted to use a combined
table that applied the
[[Page 29458]]
same mortality rates to both annuitants and nonannuitants under the
2005 proposed regulations. Those proposed regulations provided for
updated tables to be issued annually using the current year as the new
base year and using a specified set of projection factors to reflect
expected improvements in mortality.
The 2005 proposed regulations were finalized in the Federal
Register on February 2, 2007 (TD 9310, 72 FR 4955). Those final
regulations permit all plans to use a blended table for 2007 rather
than require that large plans use separate annuitant and nonannuitant
tables (as would have been required under the 2005 proposed
regulations). The IRS and the Treasury Department believe that using
separate annuitant and nonannuitant tables results in a more accurate
measure of a plan's current liability. However, in view of the sweeping
PPA changes and the resulting need to overhaul actuarial valuation
systems, it was determined that all plans (and not just small plans)
should be permitted to use the combined mortality tables for the 2007
plan year.
Explanation of Provisions
Generally Applicable Mortality Tables
These proposed regulations set forth the methodology the IRS and
the Treasury Department would use to establish mortality tables as
provided under section 430(h)(3)(A) to be used for participants and
beneficiaries to determine present value or make any computation under
section 430. These mortality tables would apply as well for purposes of
determining the current liability of a multiemployer plan pursuant to
section 431(c)(6)(D)(iv)(II). In addition, pursuant to Sec.
1.412(l)(7)-1(a), these proposed regulations would apply for purposes
of determining the current liability of a plan for which application of
the PPA changes to section 412 is delayed (see sections 104 through 106
of PPA). Under the proposed regulations, mortality tables to be used
with respect to disabled individuals would be provided in guidance
published in the Internal Revenue Bulletin (IRB).
The new mortality tables under section 430(h)(3)(A) would be based
on the tables contained in the RP-2000 Mortality Tables Report. In
response to Notice 2003-62, commentators generally recommended that the
RP-2000 mortality tables be the basis for the mortality tables used
under section 412(l)(7)(C)(ii). The IRS and the Treasury Department
reviewed the RP-2000 mortality tables and the accompanying report
published by the Society of Actuaries, and determined to use the RP-
2000 mortality tables as the basis for final regulations under section
412(l)(7)(C)(ii) because the RP-2000 mortality tables form the best
available basis for predicting mortality of pension plan participants
and beneficiaries (other than disabled individuals) based on pension
plan experience, including expected trends. Because section 430 applies
this same standard, the mortality tables set forth in these proposed
regulations under section 430 are also based on the RP-2000 mortality
tables. Like the mortality tables provided in the final section 412(l)
regulations, the mortality tables set forth in these proposed
regulations are gender-distinct because of significant differences
between expected male mortality and expected female mortality. See
Sec. 601.601(d)(2)(ii)(b) of this chapter.
The mortality tables set forth in these proposed regulations would
provide separate mortality rates for annuitants and nonannuitants. This
distinction has been made because the RP-2000 Mortality Tables Report
indicates that these two groups have significantly different mortality
experience. This is particularly true at typical ages for early
retirees, where the number of health-induced early retirements results
in a population that has higher mortality rates than the population of
currently employed individuals. While the use of separate mortality
rates for these groups of individuals will likely entail changes in
programming of actuarial software, the IRS and the Treasury Department
believe that the improvement in accuracy resulting from the use of
separate mortality tables for annuitants and nonannuitants more than
offsets the added complexity.
Under these proposed regulations, the annuitant mortality tables
would be applied to determine the present value of benefits for
annuitants. The annuitant mortality tables are also used for
nonannuitants (active employees and terminated vested participants) for
the periods beginning when the nonannuitants are projected to commence
receiving benefits, while the nonannuitant mortality tables are applied
for the periods before nonannuitants are projected to commence
receiving benefits. For any period in which an annuitant is projected
to be receiving benefits, the mortality table applicable to any
beneficiary of that annuitant is the annuitant mortality table.
The RP-2000 Mortality Tables Report sets forth mortality tables
that reflect expected mortality as of 2000, along with projection
factors that are used to reflect the impact of expected improvements in
mortality. Similarly, the mortality tables set forth in the proposed
regulations are based on expected mortality as of 2000 and reflect the
impact of expected improvements in mortality. Commentators to prior
guidance generally stated that the projection of mortality improvement
is desirable because it reflects expected mortality more accurately
than using mortality tables that do not reflect such projection. The
IRS and the Treasury Department agree with these comments, and believe
that failing to project mortality improvement in determining the
funding target would tend to result in underfunding. The proposed
regulations permit plan sponsors to apply the projection of mortality
improvement in either of two ways: Through use of static tables that
are updated annually to reflect expected improvements in mortality, or
through use of generational tables.
The proposed regulations set forth base tables for annuitants and
nonannuitants, as well as a set of projection factors. The base tables
set forth in the proposed regulations generally provide the same rates
as the RP-2000 mortality tables, except that they have been extended so
that the annuitant and nonannuitant tables have mortality rates
available at each age. The RP-2000 Mortality Tables Report did not
develop annuitant rates before age 50 or nonannuitant rates after age
70. The extended nonannuitant tables in these proposed regulations were
created by (1) using nonannuitant rates through age 70, (2) using
annuitant rates for ages over 80, and (3) blending the rates to produce
a smooth transition between the two tables, using increasing fractions.
The total difference between the rates at ages 70 and 80 is divided by
55; the rate at age 71 is set equal to the rate at age 70 plus 1/55 of
the total difference, the age 72 rate is equal to the rate at age 71
plus 2/55 of the total difference, etc.
A similar approach was used to develop the base tables for
annuitants. For male annuitants, annuitant rates from the RP-2000
Mortality Tables Report were used for ages 50 and over, nonannuitant
rates from the RP-2000 Mortality Tables Report were used through age
40, and rates between ages 41 and 49 were smoothed to create a smooth
transition using the same methodology as was used for the nonannuitant
tables. For female annuitants, annuitant rates from the RP-2000
Mortality Tables Report were used for ages 50 and over. However, to
avoid anomalous results, female nonannuitant
[[Page 29459]]
rates were used through age 46 (rather than age 40) and, accordingly,
rates were smoothed between ages 47 and 49. The smoothing methodology
for the female annuitant tables was the same as that used for the male
tables but, because a shorter transition period was used, the
difference between the age 46 and the age 50 mortality rates was
smoothed using a denominator of 10 instead of 55.
For a plan sponsor that chooses to use the generational mortality
tables, the mortality rate for each particular age would be projected
for each individual participant to reflect projected improvement for
the period of time until the participant reaches the particular age
using the applicable base table along with the projection factors
provided under the proposed regulations. These projection factors are
from Mortality Projection Scale AA, which was recommended for use in
the UP-94 Study and in the RP-2000 Mortality Tables Report. For
example, to obtain the age 54 mortality rate for a male annuitant born
in 1974 using the generational mortality tables, the age 54 male
annuitant table rate is projected 28 years using the age 54 male
Projection Scale AA rate set forth in the proposed regulations. The
projection period is 28 years because a participant born in 1974 would
attain age 54 in 2028, 28 years after the base year of the tables set
forth in the proposed regulations. In this instance, because the male
age 54 annuitant rate is .005797 under the base table, and the male age
54 Projection Scale AA rate set forth in paragraph (d) of Sec.
1.430(h)(3)-1 is .020, the age 54 male annuitant rate for participants
born in 1974 is .003293 (.005797 * (1-.020)28).
The static mortality tables that would be permitted to be used
under the proposed regulations are constructed from the base table used
for purposes of the generational mortality tables. The static mortality
tables are projected from the base table for the year 2000 through the
year of valuation with further projection to reflect the approximate
expected duration of liabilities. The static mortality tables for
annuitants under the proposed regulations reflect projection through
the year of valuation with a further projection period of 7 years, and
the static mortality tables for nonannuitants under the proposed
regulations reflect projection through the year of valuation with a
further projection period of 15 years. These projection periods were
selected as the expected average duration of liabilities and are
consistent with projection periods suggested by commentators. To be
consistent with the original construction of the RP-2000 mortality
tables, both the static annuitant and nonannuitant tables use the rates
from the projected annuitant table for ages 80 and over and from the
projected nonannuitant table for ages 40 and younger (ages 44 and
younger for females). For a smooth transition between the different
projection periods for annuitants versus nonannuitants, the rates for
ages 71 through 79 and for ages 41 through 49 (ages 45 through 49 for
females) were smoothed using the same technique as that used in
constructing the base tables.
The static mortality tables that would apply with respect to
valuation dates occurring during 2008 are set forth in the proposed
regulations. The mortality tables to be used for valuation dates in
subsequent years would be published in the IRB. Comments are requested
regarding whether it would be desirable to publish a series of tables
for each of a number of years (such as five years) along with final
regulations, with tables for subsequent years to be published in the
IRB.
As an example of the use of the static tables for the 2008 calendar
plan year, with respect to a 45-year-old active participant who is
projected to commence receiving an annuity at age 55, the funding
target would be determined using the applicable nonannuitant mortality
table for the period before the participant attains age 55 (so that the
probability of an active male participant living from age 45 to the age
of 55 using the mortality table that would apply in 2008 is 98.61%) and
the applicable annuitant mortality table after the participant attains
age 55. Similarly, if a 45-year-old terminated vested participant is
projected to commence an annuity at age 65, the funding target would be
determined using the applicable nonannuitant mortality table for the
period before the participant attains age 65 and the applicable
annuitant mortality table for ages 65 and above.
These proposed regulations would provide an option for smaller
plans (plans where the total of active and inactive participants is
less than 500) that choose to use static mortality tables to use a
single blended static table for all participants--in lieu of the
separate tables for annuitants and nonannuitants--in order to simplify
the actuarial valuation for these plans. This blended table would be
constructed from the separate nonannuitant and annuitant tables using
the nonannuitant/annuitant weighting factors published in the RP-2000
Mortality Tables Report. However, because the RP-2000 Mortality Tables
Report does not provide weighting factors before age 51 or after age
69, the IRS and the Treasury Department would extend the table of
weighting factors (using straight-line interpolation) for ages 41
through 50 (ages 45-50 for females) and for ages 70 through 79 in order
to develop the blended table.
Substitute Mortality Tables
These proposed regulations would set forth the framework for the
development and use of substitute mortality tables in connection with
present value determinations and other computations under section
430(h)(3)(C). The provision generally provides for the use of
substitute mortality tables by a plan that is subject to section 430,
in lieu of the mortality tables provided under section 430(h)(3)(A) and
Sec. 1.430(h)(3)-1, upon written request of the plan sponsor and
approval of the Commissioner.
Substitute mortality tables must reflect the actual mortality
experience of the pension plan maintained by the plan sponsor for which
the tables are to be used and that mortality experience must be
credible. Separate mortality tables must be established for each gender
under the plan, and a substitute mortality table is permitted to be
established for a gender only if the plan has credible mortality
experience with respect to that gender. If the mortality experience for
one gender is credible but the mortality experience for the other
gender is not credible, the substitute mortality tables are used for
the gender that has credible mortality experience, and the mortality
tables under Sec. 1.430(h)(3)-1 are used for the gender that does not
have credible mortality experience. If separate mortality tables under
section 430(h)(3)(D) are used for certain disabled individuals under a
plan, then those individuals are disregarded for all purposes with
respect to substitute mortality tables under section 430(h)(3)(C).
Thus, if the mortality tables under section 430(h)(3)(D) are used for
certain disabled individuals under a plan, mortality experience with
respect to those individuals must be excluded in determining mortality
rates for substitute mortality tables with respect to a plan.
Under the proposed regulations, a substitute mortality table is
based on credible mortality experience for a gender within a plan if
and only if the mortality experience is based on at least 1,000 deaths
within that gender over the period covered by the experience study. The
experience study must be based on mortality experience data over a 2,
3, or 4-consecutive year period, the last day of which must be less
than 3 years
[[Page 29460]]
before the first day of the first plan year for which the substitute
mortality tables are to apply. The 1,000 deaths threshold is set at a
level so that there is a high degree of confidence that the plan's past
mortality experience will be predictive of its future mortality, and is
consistent with relevant actuarial literature (see, for example, Thomas
N. Herzog, Introduction to Credibility Theory (1999); Stuart A.
Klugman, et al., Loss Models: From Data to Decisions (2004)).
Development of a substitute mortality table under the proposed
regulations requires creation of a base table and identification of a
base year, which are then used to determine a substitute mortality
table. The base table would be developed from a study of the mortality
experience of the plan using amounts-weighted data. The proposed
regulations set forth rules regarding development of amounts-weighted
mortality rates for an age and the determination of the base year. The
proposed regulations provide that amounts-weighted mortality rates may
be derived from amounts-weighted mortality rates for age groups.
Guidance issued by the Commissioner may specify grouping rules (for
example, 5-year age groups, except for extreme ages) and methods for
developing amounts-weighted mortality rates for individual ages from
amounts-weighted mortality rates initially determined for each age
group. In addition, the proposed regulations would provide that base
tables may be constructed either directly through graduation of
amounts-weighted mortality rates or indirectly by applying a level
percentage to tables prescribed by section 430(h)(3)(A), provided that
the resulting tables sufficiently reflect the plan's mortality
experience. The Commissioner may permit the construction of base tables
through application of a level percentage to other recognized mortality
tables, applying similar standards to ensure that the resulting tables
are sufficiently reflective of the plan's mortality experience.
In general, substitute mortality tables are permitted to be used
for a plan only if the use of substitute mortality tables is approved
for each other pension plan subject to the requirements of section 430
that is maintained by the plan sponsor or by a member of the sponsor's
controlled group. However, under the proposed regulations, the use of
substitute mortality tables for one plan would not be prohibited merely
because another plan subject to section 430 that is maintained by the
plan sponsor (or by a member of the plan sponsor's controlled group)
cannot use substitute mortality tables because neither the males nor
the females under that plan have credible mortality experience for a
plan year. Thus, if a sponsor's controlled group contains two pension
plans subject to section 430, each of which has credible mortality
experience for at least one gender, either both plans must obtain
approval from the Commissioner to use substitute mortality tables or
neither plan may use substitute mortality tables. By contrast, if for
one of those plans neither males nor females have credible mortality
experience, then the plan without credible mortality experience will
not interfere with the ability of the plan with credible mortality
experience to use substitute mortality tables.
Under the proposed regulations, the requirement that the plan
sponsor demonstrate the lack of credible mortality experience for both
the male and female populations in other plans maintained by the plan
sponsor (and by members of the plan sponsor's controlled group) must be
satisfied annually. For each plan year in which a plan uses substitute
mortality tables, the demonstration that both genders of another plan
maintained by the plan sponsor do not have credible mortality
experience (that is, there are less than 1,000 deaths within each
gender) must be made using a 4-year period for mortality experience
that ends less than 3 years before the first day of that plan year.
For example, a plan sponsor that requests to use substitute
mortality tables for a plan for the plan year that begins January 1,
2008, would have to show, as part of its submission to the
Commissioner, that both the male and female populations in all other
defined benefit plans of the plan sponsor (and in the plan sponsor's
controlled group) that are subject to section 430 and that do not use
substitute mortality tables do not have credible mortality experience
using a 4-year period that ends no earlier than January 2, 2005 (that
is, each gender in those plans did not experience 1,000 deaths during
that 4-year period). If the plan sponsor chooses to use the 4-year
period from January 1, 2003, through December 31, 2006, to demonstrate
the lack of credible mortality experience for the other plans, then the
plan can rely on this same data to demonstrate the lack of credible
mortality experience for 2009 as well because the less-than-3-years
requirement is still met with respect to the 2009 plan year. However,
the plan would not be able to use this same data to demonstrate lack of
credibility for the 2010 plan year because the last day of the
experience study used for the demonstration (the January 1, 2003-
December 31, 2006 period) is too distant in time (3 or more years) from
the first day of the plan year (January 1, 2010).
Although the proposed regulations permit a plan sponsor to use an
experience study to demonstrate a lack of credible mortality experience
for a plan population for multiple years, plan sponsors are encouraged
to update experience studies annually as new mortality data become
available for the plan population. In such a case, if an updated test
reveals 1,000 or more deaths for the more recent 4-year period, the
plan sponsor nonetheless will be able to continue to use substitute
mortality tables for one plan year by demonstrating that the other
plans in the controlled group do not have credible mortality experience
based on the earlier experience study. This will give the plan sponsor
sufficient time to develop substitute mortality tables for the plan
population with newly credible mortality experience and to obtain the
Commissioner's approval to use those tables prior to the first year
substitute mortality tables are to be used for that population.
Under the proposed regulations, a plan's substitute mortality
tables must be generational mortality tables. Substitute mortality
tables are determined using the base mortality tables developed from
the experience study and the projection factors provided in Projection
Scale AA, as set forth in Sec. 1.430(h)(3)-1(d). Under the
generational mortality tables, the probability of an individual's death
at a particular age is determined as the individual's base mortality
rate (that is, the applicable base mortality rate from the base
mortality table for the age for which the probability of death is being
determined) multiplied by the mortality improvement factor. The
mortality improvement factor is equal to (1--projection factor for that
age)\n\, where n is equal to the projection period (that is, the number
of years between the base year for the base mortality table and the
year for which the probability of death is being determined).
The proposed regulations would require separate tables to be
established for males and females under a plan. Under the proposed
regulations, separate substitute mortality tables would be permitted
(but not required) to be established for separate populations within a
gender, such as annuitants and nonannuitants or hourly and salaried
individuals. The proposed regulations would provide that separate
substitute mortality tables are permitted to be used for a separate
population within a gender under a plan only if all
[[Page 29461]]
individuals of that gender in the plan are divided into separate
populations, each separate population has credible mortality experience
(determined in the same manner as determining whether a gender has
credible mortality experience), and the separate substitute mortality
table for each separate population is developed using mortality
experience data for that population. For example, in the case of a plan
that has credible mortality experience data for both its male hourly
and male salaried populations, separate substitute mortality tables
could be used for those two separate populations. However, if the plan
does not have credible mortality experience for its male salaried
population, it would not be permissible to use substitute mortality
tables for its male hourly population and the standard mortality tables
described in Sec. 1.430(h)(3)-1 for its male salaried population.
The requirement that each separate population have credible
mortality experience does not apply in the case of separate mortality
tables that are developed for annuitant and nonannuitant populations
within a gender. Thus, the proposed regulations would provide that
substitute mortality tables for separate annuitant and nonannuitant
populations may be used within a gender even if only one of those
separate populations has credible mortality experience. Similarly, if
separate populations with credible mortality experience are established
within a gender, then any of those populations may be further
subdivided into separate annuitant and nonannuitant subpopulations,
provided that at least one of the two resulting subpopulations has
credible mortality experience. In such a case, the standard mortality
tables under Sec. 1.430(h)(3)-1 must be used for a resulting
subpopulation that does not have credible mortality experience. For
example, in the case of a plan that has credible mortality experience
for both its male hourly and salaried individuals, if the male salaried
annuitant population has credible mortality experience, it may use
substitute mortality tables with respect to that population even if the
male salaried nonannuitant population uses the standard mortality
tables under Sec. 1.430(h)(3)-1 (because that nonannuitant population
does not have credible mortality experience). For purposes of
demonstrating that an annuitant or nonannuitant population within a
gender or within a separate population does not have credible mortality
experience, the demonstration of lack of credible mortality experience
is made on the same basis as for purposes of demonstrating a lack of
credible mortality experience for a gender.
The proposed regulations would provide a limited time period during
which a newly acquired plan that does not use substitute mortality
tables does not prevent another plan from using substitute mortality
tables. Under the proposed regulations, the use of substitute mortality
tables for a plan is not prohibited merely because a newly acquired
plan does not use substitute mortality tables, but only through the
last day of the plan year of the plan using substitute mortality tables
that contains the end of the period described in section 410(b)(6)(C).
For the following plan year, the mortality tables prescribed under
Sec. 1.430(h)(3)-1 would apply with respect to the plan (and all other
plans within the plan sponsor's controlled group, including the
acquired plan) unless approval to use substitute mortality tables has
been obtained with respect to the acquired plan, or the acquired plan
cannot use substitute mortality tables because neither the males nor
the females under the plan have credible mortality experience. For
example, if the employer acquires a plan in September 2009 that does
not use substitute mortality tables and that has a plan year that ends
June 30, the acquisition of that plan will not impair the continued use
of substitute mortality tables by a pre-existing calendar year plan of
the employer through the end of the 2011 calendar year. This is because
the section 410(b)(6)(C) transition period for the newly acquired plan
will end on June 30, 2011. Under the proposed regulations, a plan is
treated as a newly acquired plan if it is acquired or otherwise becomes
maintained by the plan sponsor (or by a member of the plan sponsor's
controlled group) in connection with a merger, acquisition, or similar
transaction described in Sec. 1.410(b)-2(f). The proposed regulations
would provide that a plan is also treated as a newly acquired plan if
it is established in connection with a transfer in accordance with
section 414(l) of assets and liabilities from another employer's plan
in connection with a merger, acquisition, or similar transaction
described in Sec. 1.410(b)-2(f).
In the case of a newly acquired plan, the demonstration of whether
credible mortality experience exists for the plan may be made by either
including or excluding mortality experience data for the period prior
to the date the plan becomes maintained by a member of the new plan
sponsor's controlled group. If a plan sponsor excludes mortality
experience data prior to the date the plan became maintained within the
new plan sponsor's controlled group, the exclusion must apply for all
populations within the plan. For example, it is impermissible to
include the data for hourly individuals for the pre-acquisition period
but exclude the data for salaried individuals for that same period.
In order to demonstrate a lack of credible mortality experience
with respect to a gender for a plan year, a special rule applies if the
plan's mortality experience demonstration for a plan year is made by
excluding mortality experience for the period prior to the date the
newly acquired plan becomes maintained within the new plan sponsor's
controlled group. In such a case, an employer is permitted to
demonstrate a plan's lack of credible mortality experience using an
experience study period of less than four years, provided that the
experience study period begins with the date the plan becomes
maintained within the employer's controlled group and ends not more
than one year and one day before the first day of the plan year with
respect to which the lack of credible mortality experience
demonstration is made.
The proposed regulations would provide rules for aggregating plans
for purposes of using substitute mortality tables. Under the proposed
regulations, in order to use a set of substitute mortality tables for
two or more plans, the applicable rules are applied by treating those
plans as a single plan. In such a case, the substitute mortality tables
must be used for all such plans and must be based on data collected
with respect to all such plans. Although plans generally are not
required to be aggregated, the proposed regulations would require a
plan to be aggregated with any plan that was previously spun off from
that plan if one purpose of the spinoff was to avoid the use of
substitute mortality tables for any of the plans involved in the
spinoff.
Under the proposed regulations, in order to use substitute
mortality tables with respect to a plan, a plan sponsor must submit a
written request to the Commissioner that demonstrates that those
substitute mortality tables comply with applicable requirements. A
request to use substitute mortality tables must state the first plan
year and the term of years (not more than 10) that the tables are
requested to be used. In general, substitute mortality tables cannot be
used for a plan year unless the plan sponsor submits the written
request to use substitute mortality tables at least 7 months prior to
the first day of the first
[[Page 29462]]
plan year for which the substitute mortality tables are to apply.
However, the timing of the written request to use substitute mortality
tables does not prevent a plan from using substitute mortality tables
for a plan year if the written request is submitted no later than
October 1, 2007. This special rule allows plan sponsors sufficient time
to review the proposed regulations and other guidance and prepare
requests to use substitute mortality tables for use in 2008.
Under the proposed regulations, experience data cannot be used to
develop a base table if the number of individuals in the population
covered by the table (for example, the male annuitants) as of the last
day of the plan year before the year the request to use substitute
mortality tables is made (or a reasonable estimate of that number),
compared to the average number of individuals in that population over
the years covered by the experience study on which the substitute
mortality tables are based, reflects a difference of 20 percent or
more, unless it is demonstrated to the satisfaction of the Commissioner
that the experience data is accurately predictive of future mortality
of that plan population (taking into account the effect of the change
in individuals) after appropriate adjustments to the data are made (for
example, excluding data from individuals with respect to a spun-off
portion of the plan).
Under the proposed regulations, the Commissioner may, in revenue
rulings and procedures, notices and other guidance published in the IRB
(see Sec. 601.601(d)(2)(ii)(b) of this chapter), provide additional
guidance regarding the approval and use of substitute mortality tables
under section 430(h)(3)(C) and related matters. The IRS will shortly
issue a revenue procedure that will set forth the requirements related
to requests to use substitute mortality tables.
In general, the Commissioner has a 180-day period to review a
request for the use of substitute mortality tables. If the Commissioner
does not issue a denial within this 180-day period, the request is
deemed to have been approved unless the Commissioner and the plan
sponsor have agreed to extend that period. The Commissioner may request
additional information with respect to a submission. Failure to provide
that information on a timely basis is grounds for denial of the plan
sponsor's request. In addition, the Commissioner will deny a request if
the request fails to meet the requirements to use substitute mortality
tables or if the Commissioner determines that a substitute mortality
table does not sufficiently reflect the mortality experience of the
applicable plan population.
The proposed regulations would provide rules regarding the duration
of use of substitute mortality tables. Under the proposed regulations,
substitute mortality tables generally are used with respect to a plan
for the term of consecutive plan years specified in the plan sponsor's
written request to use such tables and approved by the Commissioner, or
such shorter period prescribed by the Commissioner in the approval to
use substitute mortality tables. If the term of use of a substitute
mortality table ends for any reason, the mortality tables specified in
Sec. 1.430(h)(3)-1 will apply with respect to the plan unless the plan
sponsor has obtained approval to use substitute mortality tables for a
further term. The proposed regulations would provide that a plan's
substitute mortality tables cannot be used as of the earliest of the
following: the second plan year following the plan year in which there
is a significant change in the population covered by the substitute
mortality table (generally, a change of at least 20% from the average
number of individuals included in the experience study); or the plan
year following the plan year in which a substitute mortality table for
a plan population is no longer accurately predictive of future
mortality of that population, as determined by the Commissioner or as
certified by the plan's actuary to the satisfaction of the
Commissioner. In addition, the proposed regulations would provide that
a plan's substitute mortality tables cannot be used after the date
specified in guidance published in the IRB (see Sec.
601.601(d)(2)(ii)(b) of this chapter) pursuant to a replacement of
mortality tables specified under section 430(h)(3)(A) (other than
annual updates to the static mortality tables).
Applicability Date
These regulations are proposed to apply to plan years beginning on
or after January 1, 2008.
Mortality Tables Used Under Section 417(e)
Section 417(e)(3)(B)(i), as amended by PPA, provides that the
applicable mortality table (which is used to determine the minimum
present value of certain distributions as required by section
417(e)(3)) is a mortality table, modified as appropriate by the
Secretary of the Treasury, based on the mortality table specified for
the plan year under section 430(h)(3)(A) (without regard to the option
to use substitute mortality tables under section 430(h)(3)(C) or the
separate mortality tables for disabled individuals under section
430(h)(3)(D)). This change is effective for plan years beginning after
December 31, 2007. Comments are requested regarding how the mortality
tables provided under proposed Sec. 1.430(h)(3)-1 should be modified
for use in applying the minimum present value rules of section
417(e)(3).\3\ Issues to be addressed include whether to use annuitant
mortality rates or combined mortality rates and whether use of
generational mortality tables is appropriate.
---------------------------------------------------------------------------
\3\ Substitute mortality tables described in Code section
430(h)(3)(C) and Sec. 1.430(h)(3)-2 of these proposed regulations
do not apply for purposes of the requirements of secton 417(e).
---------------------------------------------------------------------------
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in Executive Order
12866. Therefore, a regulatory assessment is not required. It also has
been determined that section 553(b) of the Administrative Procedure Act
(5 U.S.C. chapter 5) does not apply to these regulations, and because
the regulation does not impose a collection of information on small
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not
apply. Pursuant to section 7805(f) of the Code, this notice of proposed
rulemaking will be submitted to the Chief Counsel for Advocacy of the
Small Business Administration for comment on its impact on small
business.
Comments and Requests for Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written (a signed original and eight
(8) copies) or electronic comments that are submitted timely to the
IRS. The IRS and the Treasury Department specifically request comments
on the clarity of the proposed regulations and how they may be made
easier to understand. All comments will be available for public
inspection and copying. A public hearing will be scheduled if requested
in writing by any person that timely submits written comments. If a
public hearing is scheduled, notice of the date, time, and place for
the public hearing will be published in the Federal Register.
Drafting Information
The principal authors of these regulations are Bruce Perlin, Lauson
C. Green, and Linda S. F. Marshall, Office of Division Counsel/
Associate Chief Counsel (Tax Exempt and Government
[[Page 29463]]
Entities). However, other personnel from the IRS and the Treasury
Department participated in the development of these regulations.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Amendments to the Regulations
Accordingly, 26 CFR part 1 is proposed to be amended as follows:
PART 1--INCOME TAXES
Paragraph 1. The authority citation for part 1 continues to read,
in part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.430(h)(3)-1 is added to read as follows:
Sec. 1.430(h)(3)-1 Mortality tables used to determine present value.
(a) Basis for mortality tables--(1) In general. This section sets
forth rules for the mortality tables to be used in determining present
value or making any computation under section 430. Generally applicable
mortality tables for participants and beneficiaries are set forth in
this section pursuant to section 430(h)(3)(A). In lieu of using the
mortality tables provided under this section with respect to
participants and beneficiaries, plan-specific substitute mortality
tables are permitted to be used for this purpose pursuant to section
430(h)(3)(C) provided that the requirements of Sec. 1.430(h)(3)-2 are
satisfied. Mortality tables that may be used with respect to disabled
individuals are to be provided in guidance published in the Internal
Revenue Bulletin. See Sec. 601.601(d)(2)(ii)(b) of this chapter.
(2) Static tables or generational tables permitted. The generally
applicable mortality tables provided under section 430(h)(3)(A) are the
static tables described in paragraph (a)(3) of this section and the
generational mortality tables described in paragraph (a)(4) of this
section. A plan is permitted to use either of those sets of mortality
tables with respect to participants and beneficiaries pursuant to this
section.
(3) Static tables. The static mortality tables that are permitted
to be used pursuant to paragraph (a)(2) of this section are updated
annually to reflect expected improvements in mortality experience as
described in paragraph (c)(2) of this section. Static mortality tables
that are to be used with respect to valuation dates occurring during
2008 are provided in paragraph (e) of this section. The mortality
tables to be used with respect to valuation dates occurring in later
years are to be provided in guidance published in the Internal Revenue
Bulletin. See Sec. 601.601(d)(2)(ii)(b) of this chapter.
(4) Generational mortality tables--(i) In general. The generational
mortality tables that are permitted to be used pursuant to paragraph
(a)(2) of this section are determined pursuant to this paragraph (a)(4)
using the base mortality tables and projection factors set forth in
paragraph (d) of this section. Under the generational mortality tables,
the probability of an individual's death at a particular age is
determined as the individual's base mortality rate (that is, the
applicable mortality rate from the table set forth in paragraph (d) of
this section for the age for which the probability of death is being
determined) multiplied by the mortality improvement factor. The
mortality improvement factor is equal to (1-projection factor for that
age) \n\, where n is equal to the projection period. For this purpose,
the projection period is the number of years between 2000 and the year
for which the probability of death is being determined.
(ii) Examples of calculation. As an example of the use of
generational mortality tables under paragraph (a)(4)(i) of this
section, for purposes of determining the probability of death at age 54
for a male annuitant born in 1974, the base mortality rate is .005797,
the projection factor is .020, and the projection period (the period
from the year 2000 until the year the participant will attain age 54)
is 28 years, so that the mortality improvement factor is .567976, and
the probability of death at age 54 is .003293. Similarly, under these
generational mortality tables, the probability of death at age 55 for
the same male annuitant would be determined by using the base mortality
rate and projection factor at age 55, and a projection period of 29
years (the period from the year 2000 until the year the participant
will attain age 55). Thus, the base mortality rate is .005905, the
projection factor is .019, so that the mortality improvement factor is
.573325 ((1-.019)\29\), and the probability of death at age 55 is
.003385 (.573325 times .005905). Because these generational mortality
tables reflect expected improvements in mortality experience, no
periodic updates are needed.
(b) Use of the tables--(1) Separate tables for annuitants and
nonannuitants--(i) In general. Separate tables are provided for use for
annuitants and nonannuitants. The nonannuitant mortality table is
applied to determine the probability of survival for a nonannuitant for
the period before the nonannuitant is projected to commence receiving
benefits. The annuitant mortality table is applied to determine the
present value of benefits for each annuitant, and for each nonannuitant
for the period beginning when the nonannuitant is projected to commence
receiving benefits. For purposes of this section, an annuitant means a
plan participant who has commenced receiving benefits and a
nonannuitant means a plan participant who has not yet commenced
receiving benefits (for example, an active employee or a terminated
vested participant). A participant whose benefit has partially
commenced is treated as an annuitant with respect to the portion of the
benefit which has commenced and a nonannuitant with respect to the
balance of the benefit. In addition, for any period in which an
annuitant is projected to be receiving benefits, any beneficiary with
respect to that annuitant is also treated as an annuitant for purposes
of this paragraph (b)(1).
(ii) Examples of calculation. As an example of the use of separate
annuitant and nonannuitant tables under paragraph (b)(1)(i) of this
section, with respect to a 45-year-old active participant who is
projected to commence receiving an annuity at age 55, the funding
target would be determined using the nonannuitant mortality table for
the period before the participant attains age 55 (so that, if the
static mortality tables are used pursuant to paragraph (a)(3) of this
section, the probability of an active male participant living from age
45 to age 55 using the table that applies for a plan year beginning in
2008 is 98.61%) and the annuitant mortality table for the period ages
55 and above. Similarly, if a 45-year-old terminated vested participant
is projected to commence an annuity at age 65, the funding target would
be determined using the nonannuitant mortality table for the period
before the participant attains age 65 and the annuitant mortality table
for ages 65 and above.
(2) Small plan tables. If static mortality tables are used pursuant
to paragraph (a)(3) of this section, as an alternative to the separate
static tables specified for annuitants and nonannuitants pursuant to
paragraph (b)(1) of this section, a combined static table that applies
the same mortality rates to both annuitants and nonannuitants is
permitted to be used for a small plan. For this purpose, a small plan
is defined as a plan with fewer than 500 participants (including both
active and inactive participants).
[[Page 29464]]
(c) Construction of static tables--(1) Source of basic rates. The
static mortality tables that are used pursuant to paragraph (a)(3) of
this section are based on the base mortality tables set forth in
paragraph (d) of this section.
(2) Projected mortality improvements. The mortality rates under the
base mortality tables are projected to improve using the projection
factors provided in Projection Scale AA, as set forth in paragraph (d)
of this section. Using these projection factors, the mortality rate for
an individual at each age is determined as the individual's base
mortality rate (that is, the applicable base mortality rate from the
table set forth in paragraph (d) of this section for the individual at
that age) multiplied by the mortality improvement factor. The mortality
improvement factor is equal to (1-projection factor for that age)\n\,
where n is equal to the projection period. The annuitant mortality
rates for a plan year are determined using a projection period that
runs from the calendar year 2000 until 7 years after the calendar year
that contains the valuation date for the plan year. The nonannuitant
mortality rates for a plan year are determined using a projection
period that runs from the calendar year 2000 until 15 years after the
calendar year that contains the valuation date for the plan year. Thus,
for example, for a plan year with a January 1, 2012, valuation date,
the annuitant mortality rates are determined using a projection period
that runs from 2000 until 2019 (19 years) and the nonannuitant
mortality rates are determined using a projection period that runs from
2000 until 2027 (27 years).
(3) Construction of combined tables for small plans. The combined
mortality tables that are permitted to be used for small plans pursuant
to paragraph (b)(2) of this section are constructed from the separate
nonannuitant and annuitant tables using the weighting factors for small
plans that are set forth in paragraph (d) of this section. The
weighting factors are applied to develop these mortality tables using
the following equation: Combined mortality rate = [nonannuitant rate *
(1-weighting factor)] + [annuitant rate * weighting factor].
(d) Base mortality tables and projection factors. The following
base mortality tables and projection factors are used to determine
generational mortality tables for purposes of determining present value
or making any computation under section 430 as set forth in paragraph
(a)(4) of this section. In addition, the following base mortality
tables and projection factors are used to determine the static
mortality tables that are used for purposes of determining present
value or making any computation under section 430 as set forth in
paragraphs (a)(3) and (c) of this section. See Sec. 1.430(h)(3)-
2(c)(3) for rules regarding the required use of the projection factors
set forth in this paragraph (d) in connection with a plan-specific
substitute mortality table.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Male Female
--------------------------------------------------------------------------------------------------------
Base non- Base Base non- Base
Age annuitant annuitant Scale AA Weighting annuitant annuitant Scale AA Weighting
mortality mortality projection factors for mortality mortality projection factors for
rates rates factors small plans rates rates factors small plans
(year 2000) (year 2000) (year 2000) (year 2000)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................. 0.000637 0.000637 0.020 ............ 0.000571 0.000571 0.020 ...........
2.............................................. 0.000430 0.000430 0.020 ............ 0.000372 0.000372 0.020 ...........
3.............................................. 0.000357 0.000357 0.020 ............ 0.000278 0.000278 0.020 ...........
4.............................................. 0.000278 0.000278 0.020 ............ 0.000208 0.000208 0.020 ...........
5.............................................. 0.000255 0.000255 0.020 ............ 0.000188 0.000188 0.020 ...........
6.............................................. 0.000244 0.000244 0.020 ............ 0.000176 0.000176 0.020 ...........
7.............................................. 0.000234 0.000234 0.020 ............ 0.000165 0.000165 0.020 ...........
8.............................................. 0.000216 0.000216 0.020 ............ 0.000147 0.000147 0.020 ...........
9.............................................. 0.000209 0.000209 0.020 ............ 0.000140 0.000140 0.020 ...........
10............................................. 0.000212 0.000212 0.020 ............ 0.000141 0.000141 0.020 ...........
11............................................. 0.000219 0.000219 0.020 ............ 0.000143 0.000143 0.020 ...........
12............................................. 0.000228 0.000228 0.020 ............ 0.000148 0.000148 0.020 ...........
13............................................. 0.000240 0.000240 0.020 ............ 0.000155 0.000155 0.020 ...........
14............................................. 0.000254 0.000254 0.019 ............ 0.000162 0.000162 0.018 ...........
15............................................. 0.000269 0.000269 0.019 ............ 0.000170 0.000170 0.016 ...........
16............................................. 0.000284 0.000284 0.019 ............ 0.000177 0.000177 0.015 ...........
17............................................. 0.000301 0.000301 0.019 ............ 0.000184 0.000184 0.014 ...........
18............................................. 0.000316 0.000316 0.019 ............ 0.000188 0.000188 0.014 ...........
19............................................. 0.000331 0.000331 0.019 ............ 0.000190 0.000190 0.015 ...........
20............................................. 0.000345 0.000345 0.019 ............ 0.000191 0.000191 0.016 ...........
21............................................. 0.000357 0.000357 0.018 ............ 0.000192 0.000192 0.017 ...........
22............................................. 0.000366 0.000366 0.017 ............ 0.000194 0.000194 0.017 ...........
23............................................. 0.000373 0.000373 0.015 ............ 0.000197 0.000197 0.016 ...........
24............................................. 0.000376 0.000376 0.013 ............ 0.0002