Proposed Collection; Comment Request for Regulation Project, 69117-69118 [2021-26411]

Agencies

• Internal Revenue Service
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Notices]
[Pages 69117-69118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26411]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Collection; Comment Request for Regulation Project

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Internal Revenue Service (IRS), as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on information collections, as required by the Paperwork Reduction Act 
of 1995. The IRS is soliciting comments concerning TD 9467--Measurement 
of Assets and Liabilities for Pension Funding Purposes, Pension Funding 
Stabilization under the Highway and Transportation Funding Act of 2014 
(HAFTA), Notice 2020-61--Special Rules for Single-Employer Defined 
Benefit Pension Plans under the Cares Act, Notice 2020-60--Election of 
Alternative Minimum Funding Standards for Community Newspaper Plans 
Benefit Pension Plans under the Cares Act, and Notice 2021-48, Guidance 
on Single-Employer Defined Benefit Pension Plan Funding Changes under 
the American Rescue Plan Act of 2021.

DATES: Written comments should be received on or before February 4, 
2022 to be assured of consideration.

ADDRESSES: Direct all written comments to Andres Garcia, Internal 
Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 
20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of this regulation/notices should be directed to Martha R. 
Brinson, at (202) 317-5753, or at Internal Revenue Service, Room 6526, 
1111 Constitution Avenue NW, Washington, DC 20224, or through the 
internet at [email protected].

SUPPLEMENTARY INFORMATION:
    Title: Measurement of Assets and Liabilities for Pension Funding 
Purposes.
    OMB Number: 1545-2095.
    Regulation Project Number: TD 9467.
    Abstract: In order to implement the statutory provisions under 
sections 430 and 436, this final regulation contains collections of 
information in Sec. Sec.  1.430(f)-1(f), 1.430(h)(2)-1(e), 1.436-1(f), 
and 1.436-1(h). The information required under Sec.  1.430(f)-1(f) is 
required in order for plan sponsors to make elections regarding a 
plan's credit balances upon occasion. The information under Sec.  
1.430(g)-1(d)(3) is required in order for a plan sponsor to include as 
a plan asset a contribution made to avoid a restriction under section 
436. The information required under Sec.  1.430(h)(2)-1(e) is required 
in order for a plan sponsor to make an election to use an alternative 
interest

[[Page 69118]]

rate for purposes of determining a plan's funding obligations under 
Sec.  1.430(h)(2)-1. The information required under Sec. Sec.  1.436-
1(f) and 1.436-1(h) is required in order for a qualified defined 
benefit plan's enrolled actuary to provide a timely certification of 
the plan's adjusted funding target attainment percentage (AFTAP) for 
each plan year to avoid certain benefit restrictions.
    The Highway and Transportation Funding Act of 2014 (HATFA), Public 
Law 113-159, was enacted on August 8, 2014, and was effective 
retroactively for single employer defined benefit pension plans, 
optional for plan years beginning in 2013 and mandatory for plan years 
beginning in 2014.
    Section 3608(b) of the Coronavirus Aid, Relief, and Economic 
Security Act (CARES Act), Public Law 116-136 provides that for purposes 
of applying Sec.  436 of the Code (and Sec.  206(g) of ERISA), a 
sponsor of a single-employer defined benefit pension plan may elect to 
treat the plan's adjusted funding target attainment percentage (AFTAP) 
for the last plan year ending before January 1, 2020, as the AFTAP for 
plan years that include calendar year 2020. Notice 2020-61, in part, 
provides guidance on the rules relating to this election.
    Section 115(a) of the Setting Every Community Up for Retirement 
Enhancement Act of 2019 (SECURE Act), Division O of the Further 
Consolidated Appropriations Act, 2020, Public Law 116-94, added new 
Sec.  430(m) to the Code to permit the plan sponsor of a community 
newspaper plan under which no participant has had an increase in 
accrued benefit after December 31, 2017 to elect to have alternative 
minimum funding standards apply to the plan in lieu of the minimum 
funding requirements that would otherwise apply under Sec.  430. 
Pursuant to Sec.  430(m)(2), any election under Sec.  430(m) will be 
made at such time and in such manner as prescribed by the Secretary, 
and once an election is made with respect to a plan year, it will apply 
to all subsequent plan years unless revoked with the consent of the 
Secretary. Notice 2020-60 provides guidance regarding this election.
    Notice 2021-48 provides guidance on the changes to the funding 
rules for single-employer defined benefit pension plans under Sec.  430 
of the Code that were made by Sec. Sec.  9705 and 9706 of the (the 
ARP), Public Law 117-2. The ARP added Sec.  430(c)(8), respect to plan 
years beginning after December 31, 2021 (or, at the election of the 
plan sponsor, plan years beginning after December 31, 2018, December 
31, 2019, or December 31, 2020), the shortfall amortization bases for 
all plan years preceding the first plan year to which this provision 
applies (and all shortfall amortization installments determined with 
respect to those bases) are reduced to zero, and shortfall amortization 
installments for all new shortfall amortization bases are calculated to 
amortize each shortfall amortization base over 15 plan years.
    In addition, Sec.  9706 of the ARP provides changes to the 
applicable minimum and maximum percentages for the 24-month average 
segment rates set forth in the table in Sec.  430(h)(2)(C)(iv)(II) of 
the Code, effective with respect to plan years beginning after December 
31, 2019. However, Sec.  9706(c)(2) provides that a plan sponsor may 
elect not to have the amendments made by Sec.  9706 apply to any plan 
year beginning before January 1, 2022, either (as specified in the 
election) for all purposes or solely for purposes of determining the 
AFTAP for the plan year. This notice provides guidance regarding the 
elections under Sec.  430(c)(8) of the Code and Sec.  9706(c)(2) of the 
ARP.
    Current Actions: Notice 2021-48 will allow sponsors of single-
employer defined benefit pensions access to plan funding relief granted 
by Sec. Sec.  9705 and 9706 of the American Rescue Plan (ARP) in 
response to the financial difficulties suffered by plan sponsors during 
the COVID-19 pandemic.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals, business or other for-profit 
organizations, not-for-profit institutions and Federal, state, local or 
tribal governments.

TD 9467

    Estimated Number of Respondents: 80,000.
    Estimated Time per Respondent: 1.5 hrs.
    Estimated Total Annual Burden Hours: 120,000.

Notice: 2020-60

    Estimated Number of Respondents: 1,000.
    Estimated Time per Respondent: 1 hr.
    Estimated Total Annual Burden Hours: 1,000.

Notice 2020-61

    Estimated Number of Respondents: 20.
    Estimated Time per Respondent: 4 hr.
    Estimated Total Annual Burden Hours: 80.

Notice 2021-48

    Estimated Number of Responses: 160,000.
    Estimated Time per Respondent: 25 hr.
    Estimated Total Annual Burden Hours: 40,000.

    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. Books or records 
relating to a collection of information must be retained as long as 
their contents may become material in the administration of any 
internal revenue law. Generally, tax returns and tax return information 
are confidential, as required by 26 U.S.C. 6103.
    Request for Comments: Comments submitted in response to this notice 
will be summarized and/or included in the request for OMB approval. 
Comments will be of public record. Comments are invited on: (a) Whether 
the collection of information is necessary for the proper performance 
of the functions of the agency, including whether the information has 
practical utility; (b) the accuracy of the agency's estimate of the 
burden of the collection of information; (c) ways to enhance the 
quality, utility, and clarity of the information to be collected; (d) 
ways to minimize the burden of the collection of information on or 
other forms of information technology; and (e) estimates of capital or 
start-up costs and costs of operation, maintenance, and purchase of 
services to provide information.

    Approved: December 1, 2021.
Martha R. Brinson,
Tax Analyst.
[FR Doc. 2021-26411 Filed 12-3-21; 8:45 am]
BILLING CODE 4830-01-P