Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits, 65224-65225 [2020-22550]

Download as PDF 65224 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations (i) Correcting or eliminating any information that is found to be incomplete, inaccurate, irrelevant to a statutory purpose of OSHRC, or untimely and notifying the requester in writing when this action is complete; or (ii) Notifying the requester in writing of a determination not to amend the personal record, including the reasons for the denial, and advising the requester of his or her right to appeal in accordance with § 2400.7. jbell on DSKJLSW7X2PROD with RULES § 2400.7 Procedures for appealing. (a) Submission of appeal. (1) If a request to provide notification of a personal record, or to access or amend a personal record, is denied either in whole or in part, or if no determination is made within the period prescribed by this part, then the requester may appeal in writing to the Chairman by mailing an appeal letter to the following address: Privacy Appeal, OSHRC, One Lafayette Centre, 1120 20th Street NW, Ninth Floor, Washington, DC 20036– 3457. (2) To be considered timely, the requester must submit the appeal letter within 30 calendar days of the date of denial, or within 90 calendar days of his or her request if the appeal is from a failure of the Privacy Officer to make a determination. The appeal letter should include, as applicable: (i) Reasonable identification of the system to which notification was sought, the personal record to which access was sought, or the amendment that was requested. (ii) A statement of the OSHRC action or failure to act being appealed and the relief sought. (iii) A copy of the request, the notification of denial, and any other related correspondence. (b) Final decisions. The Chairman must make a final decision no later than 30 working days from the date of the request, but the Chairman may extend this time period for good cause. The requester, however, must be notified of the extension within the initial 30 working-day period, and the extension may not exceed 90 calendar days from the date of the request. Any personal record found on appeal to be incomplete, inaccurate, irrelevant, or untimely, shall within 30 working days of the date of such findings be appropriately amended. (c) Decision requirements. The decision of the Chairman constitutes the final decision of OSHRC on the right of the requester to be notified of, or to access or amend, a personal record. The decision on the appeal shall be in writing and, in the event of a denial, shall set forth the reasons for such VerDate Sep<11>2014 15:57 Oct 14, 2020 Jkt 253001 denial and state the individual’s right to obtain judicial review in a district court of the United States. An indexed file of the agency’s decisions on appeal shall be maintained by the Privacy Officer. § 2400.8 Procedures for statements of disagreement and notification of amendment. (a) Submission of statement of disagreement. If a final decision concerning an amendment request does not satisfy the requester, then the requester may provide a statement of disagreement that is of reasonable length and sets forth a position regarding the disputed information. This statement of disagreement shall be accepted by OSHRC and included in the relevant personal record. If deemed appropriate, OSHRC may also include a concise statement in the record of its reasons for not making a requested amendment. (b) Notification of amendment and statement of disagreement. (1) OSHRC shall inform any person or other agency about an amendment to a personal record, or notation made to the record under paragraph (a) of this section, if that record has been disclosed to the person or agency, the amendment or notation was made pursuant to this part, and an accounting of the disclosure was made pursuant to 5 U.S.C. 552a(c). (2) When a personal record is disclosed to a person or other agency after a notation under paragraph (a) of this section is made to the record, OSHRC shall clearly note any portion of the record that is disputed and provide a copy of any notation included in the record. § 2400.9 Schedule of fees. (a) Policy. The purpose of this section is to establish fair and equitable fees to permit reproduction of personal records for concerned individuals. (b) Reproduction. (1) For the fees associated with reproduction of personal records, refer to appendix A to part 2201, Schedule of Fees. (2) OSHRC shall not normally furnish more than one copy of any record. (c) Limitations. No fee shall be charged to any individual for the process of retrieving, reviewing, or amending personal records. [FR Doc. 2020–21011 Filed 10–14–20; 8:45 am] BILLING CODE 7600–01–P PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4022 Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions for Paying Benefits Pension Benefit Guaranty Corporation. 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 November 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 November 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.) 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 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 November 2020 measurement dates. The November 2020 lump sum interest assumptions will be 0.00 SUMMARY: E:\FR\FM\15OCR1.SGM 15OCR1 65225 Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Rules and Regulations 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 October 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 Rate set Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. * 325 11–1–20 3. In appendix C to part 4022, rate set 325 is added at the end of the table to read as follows: ■ Before Immediate annuity rate (percent) * 12–1–20 0.00 * * 325 11–1–20 Issued in Washington, DC. Hilary Duke, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation. [FR Doc. 2020–22550 Filed 10–14–20; 8:45 am] BILLING CODE 7709–02–P POSTAL SERVICE 39 CFR Part 20 jbell on DSKJLSW7X2PROD with RULES International Competitive Services Product and Price Changes Postal ServiceTM. Final rule. AGENCY: ACTION: The Postal Service is revising Mailing Standards of the United States Postal Service, International Mail Manual (IMM®), to reflect the prices, SUMMARY: VerDate Sep<11>2014 15:57 Oct 14, 2020 Jkt 253001 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. 2. In appendix B to part 4022, rate set 325 is added at the end of the table to read as follows: ■ * * * * * Deferred annuities (percent) i1 i2 i3 4.00 * 4.00 4.00 * * For plans with a valuation date On or after PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS n1 * n2 * 7 8 n1 n2 Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments * Rate set In consideration of the foregoing, 29 CFR part 4022 is amended as follows: Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments List of Subjects in 29 CFR Part 4022 For plans with a valuation date On or after * benefits under plans with valuation dates during November 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). * * Before Immediate annuity rate (percent) * 12–1–20 0.00 * Deferred annuities (percent) i1 i2 i3 4.00 * 4.00 4.00 * product features, and classification changes to Competitive Services and other changes, as established by the Governors of the Postal Service. DATES: Effective date: January 24, 2021. FOR FURTHER INFORMATION CONTACT: Kathy Frigo at 202–268–4178. SUPPLEMENTARY INFORMATION: New prices will be posted under Docket Number CP2021–15 on the Postal Regulatory Commission’s website at www.prc.gov. The number of country groups for Priority Mail Express International® (PMEI) and Priority Mail International® (PMI) will increase from 17 to 20. For both International Priority Airmail® (IPA) and International Surface Air Lift® (ISAL), the number of country groups will increase from 19 to 20. The number of country groups for outbound singlepiece First-Class Package International PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 * * 7 8 Service® (FCPIS) will increase from 9 to 20. Country groupings and prices for PMEI, PMI, IPA, ISAL, and outbound single-piece FCPIS will be realigned. The minimum size limits of small packets when sent as IPA, ISAL and FCPIS will be revised to conform to Universal Postal Union (UPU) standards. This final rule describes the international price and classification changes and the corresponding mailing standards changes for the following Competitive Services: • Global Express Guaranteed® (GXG)®. • Priority Mail Express International. • Priority Mail International. • First-Class Package International Service. • International Priority Airmail (IPA). E:\FR\FM\15OCR1.SGM 15OCR1

Agencies

[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Rules and Regulations]
[Pages 65224-65225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22550]


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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.

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 November 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 November 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 November 2020 measurement dates.
    The November 2020 lump sum interest assumptions will be 0.00

[[Page 65225]]

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 October 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 November 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:

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 325 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                                    Deferred annuities (percent)
                                                     date               Immediate  ---------------------------------------------------------------------
                Rate set                 ---------------------------- annuity rate
                                           On or after     Before       (percent)         i             i             i             n             n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
325.....................................      11-1-20       12-1-20          0.00          4.00          4.00          4.00             7             8
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. In appendix C to part 4022, rate set 325 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                                    Deferred annuities (percent)
                                                     date               Immediate  ---------------------------------------------------------------------
                Rate set                 ---------------------------- annuity rate
                                           On or after     Before       (percent)         i             i             i             n             n
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
325.....................................      11-1-20       12-1-20          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. 2020-22550 Filed 10-14-20; 8:45 am]
BILLING CODE 7709-02-P


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