[Federal Register: December 1, 2009 (Volume 74, Number 229)]
[Rules and Regulations]
[Page 62697-62699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de09-7]
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PENSION BENEFIT GUARANTY CORPORATION
29 CFR Part 4044
Allocation of Assets in Single-Employer Plans; Valuation of
Benefits and Assets; Expected Retirement Age
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Final rule.
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SUMMARY: This rule amends Pension Benefit Guaranty Corporation's
regulation on Allocation of Assets in Single-Employer Plans by
substituting a new table for determining expected retirement ages for
participants in pension plans undergoing distress or involuntary
termination with valuation dates falling in 2010. This table is needed
in order to compute the value of early retirement benefits and, thus,
the total value of benefits under a plan.
DATES: Effective Date: January 1, 2010.
FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager,
Regulatory and Policy Division, Legislative and Regulatory Department,
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington,
DC 20005, 202-326-
[[Page 62698]]
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: Pension Benefit Guaranty Corporation (PBGC)
administers the pension plan termination insurance program under Title
IV of the Employee Retirement Income Security Act of 1974 (ERISA).
PBGC's regulation on Allocation of Assets in Single-Employer Plans (29
CFR part 4044) sets forth (in subpart B) the methods for valuing plan
benefits of terminating single-employer plans covered under Title IV.
Guaranteed benefits and benefit liabilities under a plan that is
undergoing a distress termination must be valued in accordance with
subpart B of part 4044. In addition, when PBGC terminates an
underfunded plan involuntarily pursuant to ERISA section 4042(a), it
uses the subpart B valuation rules to determine the amount of the
plan's underfunding.
Under Sec. 4044.51(b) of the asset allocation regulation, early
retirement benefits are valued based on the annuity starting date, if a
retirement date has been selected, or the expected retirement age, if
the annuity starting date is not known on the valuation date. Sections
4044.55 through 4044.57 set forth rules for determining the expected
retirement ages for plan participants entitled to early retirement
benefits. Appendix D of part 4044 contains tables to be used in
determining the expected early retirement ages.
Table I in appendix D (Selection of Retirement Rate Category) is
used to determine whether a participant has a low, medium, or high
probability of retiring early. The determination is based on the year a
participant would reach ``unreduced retirement age'' (i.e., the earlier
of the normal retirement age or the age at which an unreduced benefit
is first payable) and the participant's monthly benefit at unreduced
retirement age. The table applies only to plans with valuation dates in
the current year and is updated annually by the PBGC to reflect changes
in the cost of living, etc.
Tables II-A, II-B, and II-C (Expected Retirement Ages for
Individuals in the Low, Medium, and High Categories respectively) are
used to determine the expected retirement age after the probability of
early retirement has been determined using Table I. These tables
establish, by probability category, the expected retirement age based
on both the earliest age a participant could retire under the plan and
the unreduced retirement age. This expected retirement age is used to
compute the value of the early retirement benefit and, thus, the total
value of benefits under the plan.
This document amends appendix D to replace Table I-09 with Table I-
10 in order to provide an updated correlation, appropriate for calendar
year 2010, between the amount of a participant's benefit and the
probability that the participant will elect early retirement. Table I-
10 will be used to value benefits in plans with valuation dates during
calendar year 2010.
PBGC has determined that notice of and public comment on this rule
are impracticable and contrary to the public interest. Plan
administrators need to be able to estimate accurately the value of plan
benefits as early as possible before initiating the termination
process. For that purpose, if a plan has a valuation date in 2010, the
plan administrator needs the updated table being promulgated in this
rule. Accordingly, the public interest is best served by issuing this
table expeditiously, without an opportunity for notice and comment, to
allow as much time as possible to estimate the value of plan benefits
with the proper table for plans with valuation dates in early 2010.
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 regulation, the Regulatory Flexibility Act of 1980 does not apply
(5 U.S.C. 601(2)).
List of Subjects in 29 CFR Part 4044
Pension insurance, Pensions.
0
In consideration of the foregoing, 29 CFR part 4044 is amended as
follows:
0
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.
0
2. Appendix D to part 4044 is amended by removing Table I-09 and adding
in its place Table I-10 to read as follows:
Appendix D to Part 4044--Tables Used To Determine Expected Retirement
Age
TABLE I-10--Selection of Retirement Rate Category
[For Plans with valuation dates after December 31, 2009, and before January 1, 2011]
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Participant's retirement rate category is--
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Low \1\ if Medium \2\ if monthly High \3\ if
If participant reaches URA in year-- monthly benefit benefit at URA is-- monthly benefit
at URA is less -------------------------- at URA is greater
than-- From-- To-- than--
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2011............................................ 562 562 2,376 2,376
2012............................................ 573 573 2,419 2,419
2013............................................ 583 583 2,465 2,465
2014............................................ 595 595 2,514 2,514
2015............................................ 608 608 2,567 2,567
2016............................................ 620 620 2,621 2,621
2017............................................ 633 633 2,676 2,676
2018............................................ 647 647 2,732 2,732
2019............................................ 660 660 2,790 2,790
2020 or later................................... 674 674 2,848 2,848
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\1\ Table II-A.
\2\ Table II-B.
\3\ Table II-C.
[[Page 62699]]
* * * * *
Issued in Washington, DC, this 13th day of November, 2009.
Vincent K. Snowbarger,
Acting Director, Pension Benefit Guaranty Corporation.
[FR Doc. E9-28636 Filed 11-30-09; 8:45 am]
BILLING CODE 7709-01-P