[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Rules and Regulations]
[Pages 42383-42385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20845]


=======================================================================
-----------------------------------------------------------------------

[[Page 42384]]

PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4044


Allocation of Assets in Single-Employer Plans; Interest Rate for 
Valuing Benefits

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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

SUMMARY: The Pension Benefit Guaranty Corporation's regulation on 
Allocation of Assets in Single-Employer Plans prescribes interest 
assumptions for valuing benefits under terminating single-employer 
plans. This final rule amends the regulation to adopt interest 
assumptions for plans with valuation dates in September 1996.

EFFECTIVE DATE: September 1, 1996.

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).

SUPPLEMENTARY INFORMATION: The PBGC's regulation on Allocation of 
Assets in Single-Employer Plans (29 CFR part 4044) prescribes actuarial 
assumptions for valuing plan benefits of terminating single-employer 
plans covered by title IV of the Employee Retirement Income Security 
Act of 1974.
    Among the actuarial assumptions prescribed in part 4044 are 
interest rates and factors. These interest rates and factors are 
intended to reflect current conditions in the financial and annuity 
markets.
    Two sets of interest rates and factors are prescribed, one set for 
the valuation of benefits to be paid as annuities and one set for the 
valuation of benefits to be paid as lump sums. This amendment adds to 
appendix B to part 4044 the annuity and lump sum interest rates and 
factors for valuing benefits in plans with valuation dates during 
September 1996.
    For annuity benefits, the interest rates will be 6.30 percent for 
the first 20 years following the valuation date and 4.75 percent 
thereafter. For benefits to be paid as lump sums, the interest 
assumptions to be used by the PBGC will be 5.25 percent for the period 
during which benefits are in pay status, 4.50 percent during the seven-
year period directly preceding the benefit's placement in pay status, 
and 4.00 percent during any other years preceding the benefit's 
placement in pay status. The annuity and lump sum interest assumptions 
are unchanged from those in effect for August 1996.
    The 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 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 plans with valuation dates during September 1996, 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 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 4044

    Pension insurance, Pensions.

    In consideration of the foregoing, 29 CFR part 4044 is hereby 
amended as follows:

PART 4044--[AMENDED]

    1. The authority citation for part 4044 continues to read as 
follows:

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

Appendix B to Part 4044--[Amended]

    2. In appendix B, a new entry is added to Table I, and Rate Set 35 
is added to Table II, as set forth below. The introductory text of each 
table is republished for the convenience of the reader and remains 
unchanged.

Appendix B to Part 4044--Interest Rates Used To Value Annuities and 
Lump Sums

                                          Table I.--Annuity Valuations                                          
  [This table sets forth, for each indicated calendar month, 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]              
----------------------------------------------------------------------------------------------------------------
                                                                The values of it are:                           
 For valuation dates occurring in  -----------------------------------------------------------------------------
            the month--                  it        for t =         it        for t =         it        for t =  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                    *              
September 1996....................        .0630         1-20        .0475          >20          N/A          N/A
----------------------------------------------------------------------------------------------------------------


[[Page 42385]]



                                                             Table II.--Lump Sum Valuations                                                             
  [In using this table: (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 (where y is an integer and 0n1), interest rate i1 shall
  apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the deferral 
 period is y years (where y is an integer and n1n1 + 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, and thereafter the immediate annuity rate shall apply; (4) For benefits for which the deferral
period is y years (where 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, and thereafter the immediate annuity rate shall  
                                                                         apply]                                                                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   For plans with a valuation date     Immediate                                 Deferred annuities (percent)                           
    Rate set     ----------------------------------   annuity rate  ------------------------------------------------------------------------------------
                    On or after         Before         (percent)            i1               i2               i3               n1               n2      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
35..............        09-1-96          10-1-96             5.25             4.50             4.00             4.00                7                8  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on this 12th day of August 1996.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 96-20845 Filed 8-14-96; 8:45 am]
BILLING CODE 7708-01-P