Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits, 42706-42707 [2020-15123]

Download as PDF Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Rules and Regulations BILLING CODE 6717–01–C PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4022 Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions for Paying Benefits Pension Benefit Guaranty Corporation (PBGC). ACTION: Final rule. AGENCY: This final rule amends the Pension Benefit Guaranty Corporation’s regulation on Benefits Payable in Terminated Single-Employer Plans to prescribe certain interest assumptions under the regulation for plans with valuation dates in August 2020. These interest assumptions are used for paying certain benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC. DATES: Effective August 1, 2020. FOR FURTHER INFORMATION CONTACT: Gregory Katz (katz.gregory@pbgc.gov), Attorney, Regulatory Affairs Division, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005, (202) 229–3829. (TTY users may call the Federal relay service toll-free at 1–800–877–8339 and ask to be connected to (202) 229–3829.) khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:52 Jul 14, 2020 Jkt 250001 PBGC’s regulation on Benefits Payable in Terminated Single-Employer Plans (29 CFR part 4022) prescribes actuarial assumptions—including interest assumptions—for paying plan benefits under terminated single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974 (ERISA). The interest assumptions in the regulation are also published on PBGC’s website (https://www.pbgc.gov). PBGC uses the interest assumptions in appendix B to part 4022 (‘‘Lump Sum Interest Rates for PBGC Payments’’) to determine whether a benefit is payable as a lump sum and to determine the amount to pay. Because some privatesector pension plans use these interest rates to determine lump sum amounts payable to plan participants (if the resulting lump sum is larger than the amount required under section 417(e)(3) of the Internal Revenue Code and section 205(g)(3) of ERISA), these rates are also provided in appendix C to part 4022 (‘‘Lump Sum Interest Rates for Private-Sector Payments’’). This final rule updates appendices B and C of the benefit payments regulation to provide the rates for August 2020 measurement dates. The August 2020 lump sum interest assumptions will be 0.00 percent for the period during which a benefit is (or is assumed to be) in pay status and 4.00 percent during any years preceding the benefit’s placement in pay status. In comparison with the interest SUPPLEMENTARY INFORMATION: [FR Doc. 2020–13675 Filed 7–14–20; 8:45 am] PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 assumptions in effect for July 2020, these assumptions represent no change in the immediate rate and are otherwise unchanged. PBGC updates appendices B and C each month. 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 issue new interest assumptions promptly so that they are available for plans that rely on our publication of them each month to calculate lump sum benefit amounts. Because of the need to provide immediate guidance for the payment of benefits under plans with valuation dates during August 2020, PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication. 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 in 29 CFR Part 4022 Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. In consideration of the foregoing, 29 CFR part 4022 is amended as follows: E:\FR\FM\15JYR1.SGM 15JYR1 ER15JY20.007</GPH> 42706 42707 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Rules and Regulations PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS 1. The authority citation for part 4022 continues to read as follows: ■ For plans with a valuation date Rate set On or after * Before Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. 2. In appendix B to part 4022, rate set 322 is added at the end of the table to read as follows: ■ * 8–1–20 9–1–20 3. In appendix C to part 4022, rate set 322 is added at the end of the table to read as follows: ■ For plans with a valuation date Rate set On or after * Before 0.00 9–1–20 Issued in Washington, DC. Hilary Duke, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation. i2 * 4.00 4.00 i3 * 0.00 i1 i2 * 4.00 4.00 i3 * Diana Rangoussis, Senior Policy Advisor, Sexual Assault Prevention and Response Office (SAPRO), (703) 696– 9422. [FR Doc. 2020–15123 Filed 7–14–20; 8:45 am] Office of the Secretary 32 CFR Part 103 [DOD–2008–OS–0124] RIN 0790–AJ40 Sexual Assault Prevention and Response (SAPR) Program Department of Defense. Final rule. AGENCY: ACTION: The Department of Defense (DoD) is finalizing two interim final rules in a single final rule which deletes all guidance internal to DoD, and incorporate only those policy provisions directly affecting DoD’s obligations to provide sexual assault prevention and response (SAPR) services to certain members of the public who are adult victims of sexual assault. This revision also makes SAPR policy updates as required by legal mandates. DATES: This rule is effective August 14, 2020. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:52 Jul 14, 2020 The Department of Defense is revising 32 CFR part 103 by finalizing the interim final rule published on September 27, 2016 (81 FR 66185–66189), deleting all guidance internal to DoD, and incorporating those policy provisions from 32 CFR part 105 that directly affect DoD’s obligations to provide sexual assault prevention and response (SAPR) services to certain members of the public, who are adult victims of sexual assault. With the publication of this rule, 32 CFR part 103 will be the only part that outlines the Department’s obligations to provide SAPR services to certain members of the public. The Department is also making a conforming change to comply with law. The rule implements NDAA FY 2020 section 536 which sets forth a procedure for persons making a Restricted Report to retrieve any personal property that was obtained when the individual makes a Restricted Report. The rule sets forth an internal agency procedure mandated by Congress in Section 536 and although internal agency procedures are exempt from rule making and public comment, it is included in this Final Rule for completeness. SUPPLEMENTARY INFORMATION: DEPARTMENT OF DEFENSE Jkt 250001 * 4.00 FOR FURTHER INFORMATION CONTACT: BILLING CODE 7709–02–P n1 n2 * 7 8 n1 n2 Deferred annuities (percent) Immediate annuity rate (percent) * 8–1–20 i1 Appendix C to Part 4022 — Lump Sum Interest Rates for Private-Sector Payments * * * * * * 322 Deferred annuities (percent) Immediate annuity rate (percent) * 322 Appendix B to Part 4022 — Lump Sum Interest Rates for PBGC Payments * * * * * PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 * 4.00 * 7 8 This rule is being published as part of DoD’s regulatory reform work as part of Executive Order (E.O.) 13777, ‘‘Enforcing the Regulatory Reform Agenda’’ (February 24, 2017), which requires Executive departments and agencies to appoint a Regulatory Reform Officer to oversee the implementation of regulatory reform initiatives and policies and establish a Regulatory Reform Task Force (Task Force) to review and evaluate existing regulations and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law. Those reform initiatives and policies include E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ (January 30, 2017), Section 6 of E.O. 13563, ‘‘Improving Regulation and Regulatory Review’’ (January 18, 2011), and E.O. 12866, ‘‘Regulatory Planning and Review’’ (September 30, 1993). More information on DoD’s work can be found at https://open.defense.gov/ Regulatory-Program/RRTF2.aspx. The Department’s internal policies and procedures are published in DoD Directive 6495.01, ‘‘Sexual Assault Prevention and Response (SAPR) Program’’ (last updated April 11, 2017, and available at https:// www.esd.whs.mil/Portals/54/ Documents/DD/issuances/dodd/ 649501p.pdf), and DoD Instruction 6495.02, ‘‘Sexual Assault Prevention and Response (SAPR) Program E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Rules and Regulations]
[Pages 42706-42707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15123]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4022


Benefits Payable in Terminated Single-Employer Plans; Interest 
Assumptions for Paying Benefits

AGENCY: Pension Benefit Guaranty Corporation (PBGC).

ACTION: Final rule.

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

SUMMARY: This final rule amends the Pension Benefit Guaranty 
Corporation's regulation on Benefits Payable in Terminated Single-
Employer Plans to prescribe certain interest assumptions under the 
regulation for plans with valuation dates in August 2020. These 
interest assumptions are used for paying certain benefits under 
terminating single-employer plans covered by the pension insurance 
system administered by PBGC.

DATES: Effective August 1, 2020.

FOR FURTHER INFORMATION CONTACT: Gregory Katz ([email protected]), 
Attorney, Regulatory Affairs Division, Pension Benefit Guaranty 
Corporation, 1200 K Street NW, Washington, DC 20005, (202) 229-3829. 
(TTY users may call the Federal relay service toll-free at 1-800-877-
8339 and ask to be connected to (202) 229-3829.)

SUPPLEMENTARY INFORMATION: PBGC's regulation on Benefits Payable in 
Terminated Single-Employer Plans (29 CFR part 4022) prescribes 
actuarial assumptions--including interest assumptions--for paying plan 
benefits under terminated single-employer plans covered by title IV of 
the Employee Retirement Income Security Act of 1974 (ERISA). The 
interest assumptions in the regulation are also published on PBGC's 
website (https://www.pbgc.gov).
    PBGC uses the interest assumptions in appendix B to part 4022 
(``Lump Sum Interest Rates for PBGC Payments'') to determine whether a 
benefit is payable as a lump sum and to determine the amount to pay. 
Because some private-sector pension plans use these interest rates to 
determine lump sum amounts payable to plan participants (if the 
resulting lump sum is larger than the amount required under section 
417(e)(3) of the Internal Revenue Code and section 205(g)(3) of ERISA), 
these rates are also provided in appendix C to part 4022 (``Lump Sum 
Interest Rates for Private-Sector Payments'').
    This final rule updates appendices B and C of the benefit payments 
regulation to provide the rates for August 2020 measurement dates.
    The August 2020 lump sum interest assumptions will be 0.00 percent 
for the period during which a benefit is (or is assumed to be) in pay 
status and 4.00 percent during any years preceding the benefit's 
placement in pay status. In comparison with the interest assumptions in 
effect for July 2020, these assumptions represent no change in the 
immediate rate and are otherwise unchanged.
    PBGC updates appendices B and C each month. 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 
issue new interest assumptions promptly so that they are available for 
plans that rely on our publication of them each month to calculate lump 
sum benefit amounts.
    Because of the need to provide immediate guidance for the payment 
of benefits under plans with valuation dates during August 2020, PBGC 
finds that good cause exists for making the assumptions set forth in 
this amendment effective less than 30 days after publication.
    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 in 29 CFR Part 4022

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

    In consideration of the foregoing, 29 CFR part 4022 is amended as 
follows:

[[Page 42707]]

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 322 is added at the end of the 
table to read as follows:
    Appendix B to Part 4022 -- Lump Sum Interest Rates for PBGC 
Payments
* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i                i                i                n                n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          322            8-1-20           9-1-20             0.00             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, rate set 322 is added at the end of the 
table to read as follows:
    Appendix C to Part 4022 -- Lump Sum Interest Rates for Private-
Sector Payments
* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i                i                i                n                n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
          322            8-1-20           9-1-20             0.00             4.00             4.00             4.00                7                8
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory Affairs, Pension Benefit 
Guaranty Corporation.
[FR Doc. 2020-15123 Filed 7-14-20; 8:45 am]
BILLING CODE 7709-02-P


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