[Federal Register: October 15, 1996 (Volume 61, Number 200)]
[Rules and Regulations]               
[Page 53623-53624]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc96-14]


[[Page 53623]]

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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.

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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 November 1996.

EFFECTIVE DATE: November 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 
November 1996.
    For annuity benefits, the interest rates will be 6.20 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 5.00 percent for the period 
during which benefits are in pay status, 4.25 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 interest assumptions represent a 
decrease (from those in effect for October 1996) of .10 percent for the 
first 20 years following the valuation date and are otherwise 
unchanged. The lump sum interest assumptions represent a decrease (from 
those in effect for October 1996) of .25 percent for the period during 
which benefits are in pay status and for the seven years directly 
preceding that period; they are otherwise unchanged.
    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 November 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 37 
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.]

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                                                                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=  
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                       *          *          *          *          *          *          *                      
November 1996.....................       .0620         1-20        .0475          >20          N/A          N/A 
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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<ls-thn-eq>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 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>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.]

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                                                                    For plans with a                            Deferred annuities (percent)            
                                                                     valuation date     Immediate ------------------------------------------------------
                            Rate set                             ----------------------  annuity                                                        
                                                                    On or                  rate        i<INF>1         i<INF>2         i<INF>3         n<INF>1         n<INF>2   
                                                                    after      Before   (percent)                                                       
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                                           *          *          *          *          *          *          *                                          
37..............................................................    11-1-96    12-1-96       5.00       4.25       4.00       4.00          7          8
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    Issued in Washington, DC, on this 9th day of October 1996.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 96-26345 Filed 10-11-96; 8:45 am]
BILLING CODE 7708-01-P