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Rule

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

Action

Final Rule.

Summary

This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in July 2011 and interest assumptions under the asset allocation regulation for valuation dates in the third quarter of 2011. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

 

Table of Contents Back to Top

DATES: Back to Top

Effective July 1, 2011.

FOR FURTHER INFORMATION CONTACT: Back to Top

Catherine B. Klion (Klion.Catherine@PBGC.gov), 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: Back to Top

PBGC's regulations on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) and Benefits Payable in Terminated Single-Employer Plans (29 CFR part 4022) prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits under terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions in the regulations are also published on PBGC's Web site (http://www.pbgc.gov).

The interest assumptions in Appendix B to Part 4044 are used to value benefits for allocation purposes under ERISA section 4044. PBGC uses the interest assumptions in Appendix B to part 4022 to determine whether a benefit is payable as a lump sum and to determine the amount to pay. Appendix C to part 4022 contains interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using PBGC's historical methodology. Currently, the rates in Appendices B and C of the benefit payment regulation are the same.

The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Assumptions under the asset allocation regulation are updated quarterly; assumptions under the benefit payments regulation are updated monthly. This final rule updates the benefit payments interest assumptions for July 2011 and updates the asset allocation interest assumptions for the third quarter (July through September) of 2011.

The third quarter 2011 interest assumptions under the allocation regulation will be 4.21 percent for the first 25 years following the valuation date and 4.34 percent thereafter. In comparison with the interest assumptions in effect for the second quarter of 2011, these interest assumptions represent an increase of five years in the select period (the period during which the select rate (the initial rate) applies), an increase of 0.25 percent in the select rate, and an increase of 0.02 percent in the ultimate rate (the final rate).

The July 2011 interest assumptions under the benefit payments regulation will be 2.25 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. In comparison with the interest assumptions in effect for June 2011, these interest assumptions represent a decrease of 0.25 percent in the immediate annuity rate and are otherwise unchanged.

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 under plans with valuation dates during July 2011, 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 Back to Top

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

begin regulatory text

PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS Back to Top

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 213, as set forth below, is added to the table.

Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments Back to Top

end regulatory text

* * * * *

begin regulatory text
Rate set For plans with a valuation date Immediate annuity rate (percent) Deferred annuities (percent)
On or after Before i 1 i 2 i 3 n 1 n 2
*******                
213 7-1-11 8-1-11 2.25 4.00 4.00 4.00 7 8

3.In appendix C to part 4022, Rate Set 213, as set forth below, is added to the table.

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

end regulatory text

* * * * *

begin regulatory text
Rate set For plans with a valuation date Immediate annuity rate (percent) Deferred annuities (percent)
On or after Before i 1 i 2 i 3 n 1 n 2
*******                
213 7-1-11 8-1-11 2.25 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Back to Top

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.

5.In appendix B to part 4044, a new entry for July-September 2011, as set forth below, is added to the table.

Appendix B to Part 4044—Interest Rates Used to Value Benefits Back to Top

* * * * *

For valuation dates occurring in the months— The values of i t are:
i t for t= i t for t= i t for t=
*******            
July-September 2011 0.0421 1-25 0.0434 >25 N/A N/A
end regulatory text

Issued in Washington, DC, on this 10th day of June 2011.

Laricke Blanchard,

Deputy Director for Policy, Pension Benefit Guaranty Corporation.

[FR Doc. 2011-14852 Filed 6-14-11; 8:45 am]

BILLING CODE 7709-01-P

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