[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28170]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Parts 2619 and 2676

 

Valuation of Plan Benefits in Single-Employer Plans; Valuation of 
Plan Benefits and Plan Assets Following Mass Withdrawal; Amendments 
Adopting Additional PBGC Rates

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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SUMMARY: This final rule amends the Pension Benefit Guaranty 
Corporation's (``PBGC's'') regulations on Valuation of Plan Benefits in 
Single-Employer Plans and Valuation of Plan Benefits and Plan Assets 
Following Mass Withdrawal. The former regulation contains the interest 
assumptions that the PBGC uses to value benefits under terminating 
single-employer plans. The latter regulation contains the interest 
assumptions for valuations of multiemployer plans that have undergone 
mass withdrawal. The amendments set out in this final rule adopt the 
interest assumptions applicable to single-employer plans with 
termination dates in December 1994, and to multiemployer plans with 
valuation dates in December 1994. The effect of these amendments is to 
advise the public of the adoption of these assumptions.

EFFECTIVE DATE: December 1, 1994.

FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General 
Counsel, Office of the General Counsel, Pension Benefit Guaranty 
Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024 
(202-326-4179 for TTY and TDD). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: This rule adopts the December 1994 interest 
assumptions to be used under the Pension Benefit Guaranty Corporation's 
(``PBGC's'') regulations on Valuation of Plan Benefits in Single-
Employer Plans (29 CFR part 2619, the ``single-employer regulation'') 
and Valuation of Plan Benefits and Plan Assets Following Mass 
Withdrawal (29 CFR part 2676, the ``multiemployer regulation'').
    Part 2619 sets forth the methods for valuing plan benefits of 
terminating single-employer plans covered under title IV of the 
Employee Retirement Income Security Act of 1974, as amended 
(``ERISA''). Under ERISA section 4041(c), all single-employer plans 
wishing to terminate in a distress termination must value guaranteed 
benefits and ``benefit liabilities,'' i.e., all benefits provided under 
the plan as of the plan termination date, using the formulas set forth 
in part 2619, subpart C. (Plans terminating in a standard termination 
may, for purposes of the Standard Termination Notice filed with PBGC, 
use these formulas to value benefit liabilities, although this is not 
required.) In addition, when the PBGC terminates an underfunded plan 
involuntarily pursuant to ERISA section 4042(a), it uses the subpart C 
formulas to determine the amount of the plan's underfunding. Part 2676 
prescribes rules for valuing benefits and certain assets of 
multiemployer plans under sections 4219(c)(1)(D) and 4281(b) of ERISA.
    Appendix B to part 2619 sets forth the interest rates and factors 
under the single-employer regulation. Appendix B to part 2676 sets 
forth the interest rates and factors under the multiemployer 
regulation. Because these rates and factors are intended to reflect 
current conditions in the financial and annuity markets, it is 
necessary to update the rates and factors periodically.
    The PBGC issues two sets of interest rates and factors, one set to 
be used for the valuation of benefits to be paid as annuities and one 
set for the valuation of benefits to be paid as lump sums. The same 
assumptions apply to terminating single-employer plans and to 
multiemployer plans that have undergone a mass withdrawal. This 
amendment adds to appendix B to parts 2619 and 2676 sets of interest 
rates and factors for valuing benefits in single-employer plans that 
have termination dates during December 1994 and multiemployer plans 
that have undergone mass withdrawal and have valuation dates during 
December 1994.
    For annuity benefits, the interest rates will be 7.50% for the 
first 25 years following the valuation date and 5.25% thereafter. For 
benefits to be paid as lump sums, the interest assumptions to be used 
by the PBGC will be 6.25% for the period during which benefits are in 
pay status, 5.50% during the seven-year period directly preceding the 
benefit's placement in pay status, 4.25% during the period between 7 
and 15 years preceding the benefit's placement in pay status, and 4.0% 
during any remaining period preceding the benefit's placement in pay 
status. (ERISA section 205(g) and Internal Revenue Code section 417(e) 
provide that private section plans valuing lump sums not in excess of 
$25,000 must use interest assumptions at least as generous as those 
used by the PBGC for valuing lump sums (and for lump sums exceeding 
$25,000 must use interest assumptions at least as generous as 120% of 
the PBGC interest assumptions).) The above annuity interest assumptions 
represent an increase (from those in effect for November 1994) of .20 
percent for the first 25 years following the valuation date and are 
otherwise unchanged. The lump sum interest assumptions represent an 
increase (from those in effect from November 1994) of .25 percent for 
the period during which benefits are in pay status and the fifteen 
years directly preceding that period; they are otherwise unchanged.
    Generally, the interest rates and factors under these regulations 
are in effect for at least one month. However, the PBGC publishes its 
interest assumptions each month regardless of whether they represent a 
change from the previous month's assumptions. The assumptions normally 
will be published in the Federal Register by the 15th of the preceding 
month or as close to that date as circumstances permit.
    The PBGC has determined that notice and public comment on these 
amendments are impracticable and contrary to the public interest. This 
finding is based on the need to determine and issue new interest rates 
and factors promptly so that the rates and factors can reflect, as 
accurately as possible, current market conditions.
    Because of the need to provide immediate guidance for the valuation 
of benefits in single-employer plans whose termination dates fall 
during December 1994, and in multiemployer plans that have undergone 
mass withdrawal and have valuation dates during December 1994, the PBGC 
finds that good cause exists for making the rates and factors 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 it will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency; materially 
alter the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or raise 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles 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 2619

    Employee benefit plans, Pension insurance, and Pensions.

29 CFR Part 2676

    Employee benefit plans and Pensions.

    In consideration of the foregoing, parts 2619 and 2676 of chapter 
XXVI, title 29, Code of Federal Regulations, are hereby amended as 
follows:

PART 2619--[AMENDED]

    1. The authority citation for part 2619 continues to read as 
follows:

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

    2. In appendix B, Rate Set 14 is added to Table I, and a new entry 
is added to Table II, as set forth below. The introductory text of both 
tables is republished for the convenience of the reader and remains 
unchanged.

Appendix B to Part 2619--Interest Rates Used to Value Lump Sums and 
Annuities

Lump Sum Valuations

    In determining the value of interest factors of the form 
v0:n (as defined in Sec. 2619.49(b)(1)) for purposes of 
applying the formulas set forth in Sec. 2619.49 (b) through (i) and 
in determining the value of any interest factor used in valuing 
benefits under this subpart to be paid as lump sums (including the 
return of accumulated employee contributions upon death), the PBGC 
shall employ the values of it set out in Table I hereof as 
follows:
    (1) For benefits for which the participant or beneficiary is 
entitled to be in pay status on the valuation date, the immediate 
annuity rate shall apply.
    (2) For benefits for which the deferral period is y years (y is 
an integer and 0 < y  n1), interest rate i1 
shall apply from the valuation date for a period of y years; 
thereafter the immediate annuity rate shall apply.
    (3) For benefits for which the deferral period is y years (y is 
an integer and n1 < y  n1 +n2), interest 
rate i2 shall apply from the valuation date for a period of y - 
n1 years, interest rate i1 shall apply for the following 
n1 years; thereafter the immediate annuity rate shall apply.
    (4) For benefits for which the deferral period is y years (y is 
an integer and y > n1 + n2), interest rate i3 shall 
apply from the valuation date for a period of y - n1 - n2 
years, interest rate i2 shall apply for the following n2 
years, interest rate i1 shall apply for the following n1 
years; thereafter the immediate annuity rate shall apply.

                                                     Table I                                                    
                                              [Lump Sum Valuations]                                             
----------------------------------------------------------------------------------------------------------------
                                          For plans with a                     Deferred annuities (percent)     
                                           valuation date     Immediate  ---------------------------------------
                Rate set                --------------------   annuity                                          
                                           On or                 rate       i1      i2      i3      n1      n2  
                                           after    Before    (percent)                                         
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
14.....................................   12-1-94    1-1-95         6.25    5.50    4.25    4.00       7       8
----------------------------------------------------------------------------------------------------------------

Annuity Valuations

    In determining the value of interest factors of the form 
v0:n (as defined in Sec. 2619.49(b)(1)) for purposes of 
applying the formulas set forth in Sec. 2619.49 (b) through (i) and 
in determining the value of any interest factor used in valuing 
annuity benefits under this subpart, the plan administrator shall 
use the values of it prescribed in Table II hereof.
    The following table tabulates, for each calendar month of 
valuation ending after the effective date of this part, the interest 
rates (denoted by i1, i2) * * *, and referred to generally 
as it) assumed to be in effect between specified anniversaries 
of a valuation date that occurs within that calendar month; those 
anniversaries are specified in the columns adjacent to the rates. 
The last listed rate is assumed to be in effect after the last 
listed anniversary date.

                                Table II                                
                          [Annuity Valuations]                          
------------------------------------------------------------------------
                                   The values of it are:                
  For valuation  -------------------------------------------------------
 dates occurring           for t           for t                        
 in the month--     it       =      it       =        it        for t = 
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
December 1994...   .0750    1-25   .0525     >25  N/A         N/A       
------------------------------------------------------------------------

PART 2676--[AMENDED]

    3. The authority citation for part 2676 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1399(c)(1)(D), 1441(b)(1).

    4. In appendix B, Rate Set 14 is added to Table I, and a new entry 
is added to Table II, as set forth below. The introductory text of both 
tables is republished for the convenience of the reader and remains 
unchanged.

Appendix B to Part 2676--Interest Rates Used to Value Lump Sums and 
Annuities

Lump Sum Valuations

    In determining the value of interest factors of the form 
vo:n (as defined in Sec. 2676.13(b)(1)) for purposes of 
applying the formulas set forth in Sec. 2676.13(b) through (i) and 
in determining the value of any interest factor used in valuing 
benefits under this subpart to be paid as lump sums, the PBGC shall 
use the values of it, prescribed in Table I hereof. The 
interest rates set forth in Table I shall be used by the PBGC to 
calculate benefits payable as lump sum benefits as follows:
    (1) For benefits which the participant or beneficiary is 
entitled to be in pay status on the valuation date, the immediate 
annuity rate shall apply.
    (2) For benefits for which the deferral period is y years (y is 
an integer and 0 < y  n)), interest rate i1 shall 
apply from the valuation date for a period of y years; thereafter 
the immediate annuity rate shall apply.
    (3) For benefits for which the deferral period is y years (y is 
an integer and n1 < y  n1 + n2), interest 
rate i2 shall apply from the valuation date for a period of y - 
n1 years, interest rate i1 shall apply for the following 
n1 years; thereafter the immediate annuity rate shall apply.
    (4) For benefits for which the deferral period is y years (y is 
an integer and y > n1 + n2), interest rate i3 shall 
apply from the valuation date for a period of y-n1 -n2 
years, interest rate i2 shall apply for the following n2 
years, interest rate i1 shall apply for the following n2 
years; thereafter the immediate annuity rate shall apply.

                                                     Table I                                                    
                                              [Lump Sum Valuations]                                             
----------------------------------------------------------------------------------------------------------------
                                          For plans with a                     Deferred annuities (percent)     
                                           valuation date     Immediate  ---------------------------------------
                Rate set                --------------------   annuity                                          
                                           On or                 rate       i1      i2      i3      n1      n2  
                                           after    Before    (percent)                                         
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
14.....................................   12-1-94    1-1-95         6.25    5.50    4.25    4.00       7       8
----------------------------------------------------------------------------------------------------------------

Annuity Valuations

    In determining the value of interest factors of the form vo:n 
(as defined in Sec. 2676.13(b)(1)) for purposes of applying the 
formulas set forth in Sec. 2676.13(b) through (i) and in determining 
the value of any interest factor used in valuing annuity benefits under 
this subpart, the plan administrator shall use the values of it 
prescribed in the table below.
    The following table tabulates, for each calendar month of valuation 
ending after the effective date of this part, the interest rates 
(denoted by i1, i2, * * *, and referred to generally as 
it) assumed to be in effect between specified anniversaries of a 
valuation date that occurs within that calendar month; those 
anniversaries are specified in the columns adjacent to the rates. The 
last listed rate is assumed to be in effect after the last listed 
anniversary date.

                                Table II                                
                          [Annuity Valuations]                          
------------------------------------------------------------------------
                                   The values of it are:                
  For valuation  -------------------------------------------------------
 dates occurring           for t           for t                        
 in the month--     it       =      it       =        it        for t = 
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
December 1994...   .0750    1-25   .0525     >25  N/A         N/A       
------------------------------------------------------------------------

    Issued in Washington, DC, on this 9th day of November 1994.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 94-28170 Filed 11-14-94; 8:45 am]
BILLING CODE 7708-01-M