[Federal Register: September 13, 1996 (Volume 61, Number 179)]
[Rules and Regulations]               
[Page 48406-48407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se96-6]

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

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 October 1996.

EFFECTIVE DATE: October 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 
October 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 September 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 October 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.

    2. In appendix B, a new entry is added to Table I, and Rate Set 36 
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 i<INF>1, i<INF>2, * * * , and referred to generally 
as i<INF>t) 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 i<INF>t are:                           
 For valuation dates occurring in  -----------------------------------------------------------------------------
             the month                   i<INF>t        For t =         i<INF>t        For t =         i<INF>t        For t =  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Oct. 1996.........................        .0630         1-20        .0475          >20          N/A          N/A
----------------------------------------------------------------------------------------------------------------


[[Page 48407]]

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 
0<y<ls-thn-eq>n<INF>1), interest rate i<INF>1 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 
n<INF>1<y>n<INF>1+n<INF>2), interest rate i<INF>2 shall apply from the 
valuation date for a period of y-n<INF>1 years, interest rate i<INF>1 
shall apply for the following n<INF>1 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>n<INF>1+n<INF>2), interest rate i<INF>3 shall apply from the 
valuation date for a period of y-n<INF>1-n<INF>2 years, interest rate 
i<INF>2 shall apply for the following n<INF>2 years, interest rate 
i<INF>1 shall apply for the following n<INF>1 years, and thereafter the 
immediate annuity rate shall apply.]

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      For plans with a       Immediate                     Deferred annuities (percent)                 
                                                       valuation date         annuity   ----------------------------------------------------------------
                    Rate set                     --------------------------     rate                                                                    
                                                  On or after     Before     (percent)       i\1\         i\2\         i\3\         n\1\         n\2\   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                  *                    *                  *                  *                  *                  *                  *                 
36..............................................      10-1-96      11-1-96         5.25         4.50         4.00         4.00            7            8
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on this 9th day of September 1996.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 96-23474 Filed 9-12-96; 8:45 am]
BILLING CODE 7708-01-P