[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Rules and Regulations]               
[Page 72715-72716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de08-5]                         

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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Part 4022

 
Benefits Payable in Terminated Single-Employer Plans

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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SUMMARY: This rule amends Appendix D to the Pension Benefit Guaranty 
Corporation's regulation on Benefits Payable in Terminated Single-
Employer Plans by adding the maximum guaranteeable pension benefit that 
may be paid by the PBGC with respect to a plan participant in a single-
employer pension plan that terminates in 2009. The amendment is 
necessary because the maximum guarantee amount changes each year, based 
on changes in the contribution and benefit base under section 230 of 
the Social Security Act. The effect of the amendment is to advise plan 
administrators, participants and

[[Page 72716]]

beneficiaries of the increased maximum guarantee amount for 2009.

DATES: Effective Date: January 1, 2009.

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, 202-326-4024. (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: Section 4022(b) of the Employee Retirement 
Income Security Act of 1974 provides for certain limitations on 
benefits guaranteed by the PBGC in terminating single-employer pension 
plans covered under Title IV of ERISA. One of the limitations, set 
forth in section 4022(b)(3)(B), is a dollar ceiling on the amount of 
the monthly benefit that may be paid to a plan participant (in the form 
of a life annuity beginning at age 65) by the PBGC. The ceiling is 
equal to ``$750 multiplied by a fraction, the numerator of which is the 
contribution and benefit base (determined under section 230 of the 
Social Security Act) in effect at the time the plan terminates and the 
denominator of which is such contribution and benefit base in effect in 
calendar year 1974 [$13,200].'' This formula is also set forth in Sec.  
4022.22(b) of the PBGC's regulation on Benefits Payable in Terminated 
Single-Employer Plans (29 CFR part 4022). Appendix D to Part 4022 
lists, for each year beginning with 1974, the maximum guaranteeable 
benefit payable by the PBGC to participants in single-employer plans 
that have terminated in that year.
    Section 230(d) of the Social Security Act (42 U.S.C. 430(d)) 
provides special rules for determining the contribution and benefit 
base for purposes of ERISA section 4022(b)(3)(B). Each year the Social 
Security Administration determines, and notifies the PBGC of, the 
contribution and benefit base to be used by the PBGC under these 
provisions, and the PBGC publishes an amendment to Appendix D to Part 
4022 to add the guarantee limit for the coming year.
    The PBGC has been notified by the Social Security Administration 
that, under section 230 of the Social Security Act, $79,200 is the 
contribution and benefit base that is to be used to calculate the PBGC 
maximum guaranteeable benefit for 2009. Accordingly, the formula under 
section 4022(b)(3)(B) of ERISA and 29 CFR 4022.22(b) is: $750 
multiplied by $79,200/$13,200. Thus, the maximum monthly benefit 
guaranteeable by the PBGC in 2009 is $4,500.00 per month in the form of 
a life annuity beginning at age 65. This amendment updates Appendix D 
to Part 4022 to add this maximum guaranteeable amount for plans that 
terminate in 2009. (If a benefit is payable in a different form or 
begins at a different age, the maximum guaranteeable amount is the 
actuarial equivalent of $4,500.00 per month.)
    General notice of proposed rulemaking is unnecessary. The maximum 
guaranteeable benefit is determined according to the formula in section 
4022(b)(3)(B) of ERISA, and these amendments make no change in its 
method of calculation but simply list 2009 maximum guaranteeable 
benefit amounts for the information of the public.
    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 regulation, the Regulatory Flexibility Act of 1980 does not apply 
(5 U.S.C. 601(2)).

List of Subjects in 29 CFR Part 4022

    Pension insurance, Pensions, Reporting and recordkeeping 
requirements.

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In consideration of the foregoing, 29 CFR part 4022 is amended as 
follows:

PART 4022--BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS

0
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.


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2. Appendix D to part 4022 is amended by adding a new entry to the end 
of the table to read as follows. The introductory text is reproduced 
for the convenience of the reader and remains unchanged.

Appendix D to Part 4022--Maximum Guaranteeable Monthly Benefit

    The following table lists by year the maximum guaranteeable 
monthly benefit payable in the form of a life annuity commencing at 
age 65 as described by Sec.  4022.22(b) to a participant in a plan 
that terminated in that year:

------------------------------------------------------------------------
                                                            Maximum
                         Year                            guaranteeable
                                                        monthly  benefit
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                                * * * * *
2009.................................................          $4,500.00
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    Issued in Washington, DC, this 21st day of November, 2008.
Vincent K. Snowbarger,
Deputy Director for Operations, Pension Benefit Guaranty Corporation.
[FR Doc. E8-28412 Filed 11-28-08; 8:45 am]

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