Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 58249-58250 [E7-20270]

Download as PDF Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Rules and Regulations implications for purposes of the executive order. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families The NCUA has determined that this rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Pub. L. 105– 277, 112 Stat. 2681 (1998). Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121) (SBREFA) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by Section 551 of the APA. 5 U.S.C. 551. The Office of Management and Budget is currently reviewing this rule as it pertains to SBREFA. List of Subjects in 12 CFR Part 711 Antitrust, Banks, Banking, Credit unions. By the National Credit Union Administration Board on October 9, 2007. Mary Rupp, Secretary of the Board. For the reasons discussed above, NCUA is amending part 711 as follows: I PART 711—MANAGEMENT OFFICIAL INTERLOCKS 1. The authority citation for part 711 continues to read as follows: I Authority: 12 U.S.C. 1757 and 3201–3208. 2. Section 711.3(b) is amended by removing the number ‘‘20’’ and adding number ‘‘50’’ in its place. I [FR Doc. E7–20266 Filed 10–12–07; 8:45 am] BILLING CODE 7535–01–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4022 and 4044 yshivers on PROD1PC62 with RULES Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits Pension Benefit Guaranty Corporation. ACTION: Final rule. AGENCY: The Pension Benefit Guaranty Corporation’s regulations on Benefits SUMMARY: VerDate Aug<31>2005 12:51 Oct 12, 2007 Jkt 214001 Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating singleemployer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in November 2007. Interest assumptions are also published on the PBGC’s Web site (https://www.pbgc.gov). DATES: Effective November 1, 2007. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202–326– 4024. (TTY/TDD users may call the Federal relay service toll-free at 1–800– 877–8339 and ask to be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: The PBGC’s regulations prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits of terminating singleemployer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Three sets of interest assumptions are prescribed: (1) A set for the valuation of benefits for allocation purposes under section 4044 (found in Appendix B to part 4044), (2) a set for the PBGC to use to determine whether a benefit is payable as a lump sum and to determine lump-sum amounts to be paid by the PBGC (found in Appendix B to part 4022), and (3) a set for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC’s historical methodology (found in Appendix C to part 4022). This amendment (1) adds to Appendix B to part 4044 the interest assumptions for valuing benefits for allocation purposes in plans with valuation dates during November 2007, (2) adds to Appendix B to part 4022 the interest assumptions for the PBGC to use for its own lump-sum payments in plans with valuation dates during November 2007, and (3) adds to Appendix C to part 4022 the interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC’s historical methodology for valuation dates during November 2007. For valuation of benefits for allocation purposes, the interest assumptions that the PBGC will use (set forth in PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 58249 Appendix B to part 4044) will be 5.46 percent for the first 20 years following the valuation date and 5.13 percent thereafter. These interest assumptions represent a decrease (from those in effect for October 2007) of 0.05 percent for the first 20 years following the valuation date and 0.05 percent for all years thereafter. The interest assumptions that the PBGC will use for its own lump-sum payments (set forth in Appendix B to part 4022) will be 3.25 percent for the period during which a benefit is in pay status and 4.00 percent during any years preceding the benefit’s placement in pay status. These interest assumptions represent no change from those in effect for October 2007. For private-sector payments, the interest assumptions (set forth in Appendix C to part 4022) will be the same as those used by the PBGC for determining and paying lump sums (set forth in Appendix B to part 4022). The PBGC has determined that notice and public comment on this amendment are impracticable and contrary to the public interest. This finding is based on the need to determine and issue new interest assumptions promptly so that the assumptions can reflect current market conditions as accurately as possible. Because of the need to provide immediate guidance for the valuation and payment of benefits in plans with valuation dates during November 2007, the PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication. The PBGC has determined that this action is not a ‘‘significant regulatory action’’ under the criteria set forth in Executive Order 12866. Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2). List of Subjects 29 CFR Part 4022 Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. 29 CFR Part 4044 Employee benefit plans, Pension insurance, Pensions. In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended as follows: I E:\FR\FM\15OCR1.SGM 15OCR1 58250 Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Rules and Regulations PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS 1. The authority citation for part 4022 continues to read as follows: I Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments 2. In appendix B to part 4022, Rate Set 169, as set forth below, is added to the table. * I For plans with a valuation date Rate set On or after * * * 169 ............................................................................ 3. In appendix C to part 4022, Rate Set 169, as set forth below, is added to the table. I Before Immediate annuity rate (percent) * 12–1–07 11–1–07 * * * * Deferred annuities (percent) i2 i1 * 3.25 i3 * 4.00 4.00 n1 n2 * 4.00 7 8 Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments * * * * * For plans with a valuation date Rate set On or after * * * 169 ............................................................................ 11–1–07 Before Immediate annuity rate (percent) * 12–1–07 Deferred annuities (percent) i2 i1 * 3.25 i3 * 4.00 4.00 n1 n2 * 4.00 7 8 Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Appendix B to Part 4044—Interest Rates Used to Value Benefits 5. In appendix B to part 4044, a new entry for November 2007, as set forth below, is added to the table. * I 4. The authority citation for part 4044 continues to read as follows: I * * * * The values of it are: For valuation dates occurring in the month— it * * * * November 2007 ................................................................................................................ Issued in Washington, DC, on this 10th day of October 2007. Vincent K. Snowbarger, Deputy Director, Pension Benefit Guaranty Corporation. [FR Doc. E7–20270 Filed 10–12–07; 8:45 am] BILLING CODE 7709–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 yshivers on PROD1PC62 with RULES [CGD08–07–025] AGENCY: Coast Guard, DHS. VerDate Aug<31>2005 12:51 Oct 12, 2007 Notice of temporary deviation from regulations. ACTION: SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the BNSF Railway Company Swing Bridge across the Charenton Drainage and Navigational Canal, mile 0.4, at Baldwin, St. Mary Parish, LA. This deviation provides for the bridge to remain closed to navigation for 5 days with three hour openings each day to conduct maintenance repairs to the drawbridge. This deviation is effective from 8 a.m. on October 22, 2007 through 8 p.m. on October 26, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at the office of the Eighth Coast DATES: Drawbridge Operation Regulations; Charenton Drainage and Navigation Canal, Baldwin, LA Jkt 214001 * .0546 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 for t = it 1-20 * .0513 for t = >20 it * N/A for t = N/A Guard District, Bridge Administration Branch, Hale Boggs Federal Building, Room 1313, 500 Poydras Street, New Orleans, Louisiana 70130–3310 between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (504) 671–2128. The Bridge Administration Branch maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Bart Marcules, Bridge Administration Branch, telephone (504) 671–2128. SUPPLEMENTARY INFORMATION: The BNSF Railway Company has requested a temporary deviation in order to replace or repair a bent shaft, bearings, and housing that are integral to the safe operation of the swing bridge across the Charenton Drainage and Navigational Canal, mile 0.4, at Baldwin, St. Mary Parish, LA. This bridge opens on signal E:\FR\FM\15OCR1.SGM 15OCR1

Agencies

[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Rules and Regulations]
[Pages 58249-58250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20270]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Parts 4022 and 4044


Benefits Payable in Terminated Single-Employer Plans; Allocation 
of Assets in Single-Employer Plans; Interest Assumptions for Valuing 
and Paying Benefits

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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

SUMMARY: The Pension Benefit Guaranty Corporation's regulations on 
Benefits Payable in Terminated Single-Employer Plans and Allocation of 
Assets in Single-Employer Plans prescribe interest assumptions for 
valuing and paying benefits under terminating single-employer plans. 
This final rule amends the regulations to adopt interest assumptions 
for plans with valuation dates in November 2007. Interest assumptions 
are also published on the PBGC's Web site (https://www.pbgc.gov).

DATES: Effective November 1, 2007.

FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, 
Regulatory and Policy Division, Legislative and Regulatory Department, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay 
service toll-free at 1-800-877-8339 and ask to be connected to 202-326-
4024.)

SUPPLEMENTARY INFORMATION: The PBGC's regulations prescribe actuarial 
assumptions--including interest assumptions--for valuing and paying 
plan benefits of terminating single-employer plans covered by title IV 
of the Employee Retirement Income Security Act of 1974. The interest 
assumptions are intended to reflect current conditions in the financial 
and annuity markets.
    Three sets of interest assumptions are prescribed: (1) A set for 
the valuation of benefits for allocation purposes under section 4044 
(found in Appendix B to part 4044), (2) a set for the PBGC to use to 
determine whether a benefit is payable as a lump sum and to determine 
lump-sum amounts to be paid by the PBGC (found in Appendix B to part 
4022), and (3) a set for private-sector pension practitioners to refer 
to if they wish to use lump-sum interest rates determined using the 
PBGC's historical methodology (found in Appendix C to part 4022).
    This amendment (1) adds to Appendix B to part 4044 the interest 
assumptions for valuing benefits for allocation purposes in plans with 
valuation dates during November 2007, (2) adds to Appendix B to part 
4022 the interest assumptions for the PBGC to use for its own lump-sum 
payments in plans with valuation dates during November 2007, and (3) 
adds to Appendix C to part 4022 the interest assumptions for private-
sector pension practitioners to refer to if they wish to use lump-sum 
interest rates determined using the PBGC's historical methodology for 
valuation dates during November 2007.
    For valuation of benefits for allocation purposes, the interest 
assumptions that the PBGC will use (set forth in Appendix B to part 
4044) will be 5.46 percent for the first 20 years following the 
valuation date and 5.13 percent thereafter. These interest assumptions 
represent a decrease (from those in effect for October 2007) of 0.05 
percent for the first 20 years following the valuation date and 0.05 
percent for all years thereafter.
    The interest assumptions that the PBGC will use for its own lump-
sum payments (set forth in Appendix B to part 4022) will be 3.25 
percent for the period during which a benefit is in pay status and 4.00 
percent during any years preceding the benefit's placement in pay 
status. These interest assumptions represent no change from those in 
effect for October 2007. For private-sector payments, the interest 
assumptions (set forth in Appendix C to part 4022) will be the same as 
those used by the PBGC for determining and paying lump sums (set forth 
in Appendix B to part 4022).
    The PBGC has determined that notice and public comment on this 
amendment are impracticable and contrary to the public interest. This 
finding is based on the need to determine and issue new interest 
assumptions promptly so that the assumptions can reflect current market 
conditions as accurately as possible.
    Because of the need to provide immediate guidance for the valuation 
and payment of benefits in plans with valuation dates during November 
2007, the PBGC finds that good cause exists for making the assumptions 
set forth in this amendment effective less than 30 days after 
publication.
    The PBGC has determined that this action is not a ``significant 
regulatory action'' under the criteria set forth in Executive Order 
12866.
    Because no general notice of proposed rulemaking is required for 
this amendment, the Regulatory Flexibility Act of 1980 does not apply. 
See 5 U.S.C. 601(2).

List of Subjects

29 CFR Part 4022

    Employee benefit plans, Pension insurance, Pensions, Reporting and 
recordkeeping requirements.

29 CFR Part 4044

    Employee benefit plans, Pension insurance, Pensions.

0
In consideration of the foregoing, 29 CFR parts 4022 and 4044 are 
amended as follows:

[[Page 58250]]

PART 4022--BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS

0
1. The authority citation for part 4022 continues to read as follows:

    Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

0
2. In appendix B to part 4022, Rate Set 169, as set forth below, is 
added to the table.

Appendix B to Part 4022--Lump Sum Interest Rates for PBGC Payments

* * * * *

----------------------------------------------------------------------------------------------------------------
                                  For plans with a      Immediate          Deferred annuities  (percent)
                                   valuation date        annuity  ----------------------------------------------
          Rate set           --------------------------    rate
                              On or after     Before    (percent)      i1         i2         i3       n1     n2
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
169.........................      11-1-07      12-1-07       3.25       4.00       4.00       4.00      7      8
----------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, Rate Set 169, as set forth below, is 
added to the table.

Appendix C to Part 4022--Lump Sum Interest Rates for Private-Sector 
Payments

* * * * *

----------------------------------------------------------------------------------------------------------------
                                  For plans with a      Immediate          Deferred annuities  (percent)
                                   valuation date        annuity  ----------------------------------------------
          Rate set           --------------------------    rate
                              On or after     Before    (percent)      i1         i2         i3       n1     n2
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
169.........................      11-1-07      12-1-07       3.25       4.00       4.00       4.00      7      8
----------------------------------------------------------------------------------------------------------------

PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS

0
4. The authority citation for part 4044 continues to read as follows:

    Authority:  29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.


0
5. In appendix B to part 4044, a new entry for November 2007, as set 
forth below, is added to the table.

Appendix B to Part 4044--Interest Rates Used to Value Benefits

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                            The values of it are:
       For valuation dates occurring in the month--        -----------------------------------------------------
                                                               it    for t =     it    for t =     it    for t =
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
November 2007.............................................    .0546     1-20    .0513      >20      N/A      N/A
----------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on this 10th day of October 2007.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty Corporation.
[FR Doc. E7-20270 Filed 10-12-07; 8:45 am]
BILLING CODE 7709-01-P
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