[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66679-66681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21284]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 843

[Docket ID: OPM-2023-0008]
RIN 3206-AO55


Federal Employees' Retirement System; Present Value Conversion 
Factors for Spouses of Deceased Separated Employees

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is adopting its 
proposed rule to revise the table of reduction factors for early 
commencing dates of survivor annuities for spouses of separated 
employees who die before the date on which they would be eligible for 
unreduced deferred annuities. The annuity factor for spouses of 
deceased employees who die in service when those spouses elect to 
receive the basic employee death benefit in 36 installments under the 
Federal Employees' Retirement System (FERS) Act of 1986 remains 
unchanged. These revisions are necessary to ensure that the tables 
conform to the economic and demographic assumptions adopted by the 
Board of Actuaries and published in the Federal Register on April 14, 
2023, as required by law.

DATES: This rule is effective October 1, 2023.

FOR FURTHER INFORMATION CONTACT: Karla Yeakle, (202) 606-0299.

SUPPLEMENTARY INFORMATION: On April 14, 2023, OPM published a notice at 
88 FR 23108 in the Federal Register to revise the normal cost 
percentages under the Federal Employees' Retirement System (FERS) Act 
of 1986, Public Law 99-335, 100 Stat. 514, as amended, based on 
economic assumptions and demographic factors adopted by the Board of 
Actuaries of the Civil Service Retirement System. By statute under 5 
U.S.C. 8461(i), the revisions to the actuarial assumptions require 
corresponding changes in factors used to produce actuarially equivalent 
benefits when required by the FERS Act. As a result, on July 14, 2023, 
at 88 FR 45100, OPM published a proposed rule in the Federal Register 
to revise the table of reduction factors in 5 CFR part 843, Appendix A 
to subpart C for early commencing dates of survivor annuities for 
spouses of separated employees who die before the date on which they 
would be eligible for unreduced deferred annuities. The annuity factor 
for spouses of deceased employees who die in service when those spouses 
elect to receive the basic employee death benefit in 36 installments 
under 5 CFR 843.309 remains unchanged.
    OPM received one comment in response to its proposed rule. The 
commentor questioned whether this rule change will affect the cost to 
the Federal retirement systems. Any potential cost impact to the 
retirement systems would merely be costs associated with complying with 
the statutory requirements under 5 U.S.C. 8442(c)(2)(B)(ii) and 5 
U.S.C. 8461(i). The provision under 5 U.S.C. 8442(c)(2)(B)(ii) requires 
that if a survivor of a former Federal employee elects to receive a 
survivor annuity immediately upon the death of the former employee 
(instead of electing to wait to receive the survivor annuity until the 
deceased former employee would have otherwise been entitled to an 
unreduced deferred annuity benefit), then OPM must reduce the survivor 
annuity so it is ``actuarially equivalent'' to the present value of 
what the survivor annuitant would have received had the survivor 
elected the later survivor annuity commencing date. The statutory 
provision under 5 U.S.C. 8461(i) provides that OPM must determine 
``actuarial equivalence'' using the same economic assumptions most 
recently used by the Board of Actuaries for valuation of the FERS based 
on dynamic assumptions. Therefore, any potential cost impacts to the 
retirement systems are the result of changes to OPM's calculations of 
actuarial equivalence using the most recent dynamic assumptions used by 
the Board of Actuaries as required under 5 U.S.C. 8442(c)(2)(B)(ii) and 
5 U.S.C. 8461(i). Additionally, considering the small number of 
survivor annuities affected, OPM does not anticipate this rule will 
have substantial cost impact to the retirement systems.
    The effective date of a substantive rule is normally delayed by 30 
days. See 5 U.S.C. 553(d). OPM published notice of the normal cost 
percentages on April 14, 2023, with an effective date of October 1, 
2023. Based on the same economic assumptions as the normal cost 
percentages, OPM published notice of conversion factors on July 14, 
2023, and provided a 30-day comment period. OPM provided notice of the 
October 1, 2023, effective date for the conversion factors in its July 
14, 2023, proposed rule and received no comments regarding the date. 
Delaying the effective date by 30 days is unnecessary as this is a 
routine, technical rule to update the conversion factors to align with 
the economic assumptions underlying the normal cost percentages. 
Furthermore, the normal cost percentages are used to calculate payments 
into the Civil Service Retirement and Disability Fund (Fund) and 
failing to adjust the conversion factors at the same time could result 
in a liability to the Fund. Accordingly, it is also in the public 
interest to ensure consistency between the economic assumptions 
underlying the normal cost percentages and the conversion factors. 
Finally, ensuring the effective dates for the two rules are in 
alignment complies with 5 U.S.C. 8442 and 8461(i). Therefore, OPM finds 
there is good cause to make the rule effective October 1, 2023.

Expected Impact of This Rule

    OPM is adopting its proposed rule to revise the table of reduction 
factors for early commencing dates of survivor annuities for spouses of 
separated employees who die before the date on which they would be 
eligible for unreduced deferred annuities. The factors that are in 
effect can be found in appendix A to subpart C of 5 CFR part 843.
    Of all the applications for survivor annuity death benefits OPM 
receives annually, OPM expects this rule to affect approximately one 
percent of those survivor annuity death applications it receives that 
are based on the death of a separated employee. Of the changes this 
rule implements, the most significant change is to conform the factors 
to the revised actuarial assumptions when the current or former spouse 
elects to receive an adjusted annuity beginning on the day after the 
death of the separated employee, such that the annuity is reduced using 
the factors in appendix A to subpart C of 5

[[Page 66680]]

CFR part 843 to make the annuity actuarially equivalent to the present 
value of the annuity that the spouse or former spouse otherwise would 
have received. When OPM updates the FERS normal cost, the FERS law at 5 
U.S.C. 8461(i) requires that OPM make corresponding changes to the 
factors used to produce actuarially equivalent benefits under FERS. 
Specifically, this rule is needed to revise the present value 
conversion factors for certain benefits payable under FERS to current 
and former spouses of deceased separated employees. This rule allows 
certain survivors to make choices about what benefits they want to 
receive and, in some instances, when they want the benefits to begin. 
Considering the small number of survivor annuities affected, OPM does 
not anticipate this rule will substantially affect local economies or 
have a large impact in local labor markets.

Regulatory Review

    Executive Orders 13563, 12866, and 14094 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). This rule 
was not designated as a ``significant regulatory action,'' under 
Executive Order 12866 and, therefore, was not reviewed by the Office of 
Management and Budget (OMB).

Regulatory Flexibility Act

    The Director of OPM certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.

Federalism

    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule will not have any 
negative impact on the rights, roles and responsibilities of state, 
local, or tribal governments.

Civil Justice Reform

    This regulation meets the applicable standard set forth in 
Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year, and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid OMB 
Control Number.
    This rule involves an OMB-approved collection of information 
subject to the PRA titled ``Application for Death Benefits (FERS)/
Documentation and Elections in Support of Application for Death 
Benefits when Deceased was an Employee at the Time of Death (FERS),'' 
OMB Control Number 3206-0172. The public reporting burden for this 
collection is estimated to average 60 minutes per response, including 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. The total burden hour estimate for this 
form is 16,751 hours. The systems of record notice for this collection 
is: OPM SORN CENTRAL-1-Civil Service Retirement and Insurance Records.

List of Subjects in 5 CFR Part 843

    Air traffic controllers, Disability benefits, Firefighters, 
Government employees, Law enforcement officers, Pensions, Retirement.

Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.

    For the reasons stated in the preamble, OPM amends 5 CFR part 843 
as follows:

PART 843--FEDERAL EMPLOYEES RETIREMENT SYSTEM--DEATH BENEFITS AND 
EMPLOYEE REFUNDS

0
1. The authority citation for part 843 continues to read as follows:

    Authority: 5 U.S.C. 8461; 843.205, 843.208, and 843.209 also 
issued under 5 U.S.C. 8424; 843.309 also issued under 5 U.S.C. 8442; 
843.406 also issued under 5 U.S.C. 8441.

Subpart C--Current and Former Spouse Benefits

0
2. Revise appendix A to subpart C of part 843 to read as follows:

Appendix A to Subpart C of Part 843--Present Value Conversion Factors 
for Earlier Commencing Date of Annuities of Current and Former Spouses 
of Deceased Separated Employees

    With at least 10 but less than 20 years of creditable service--

------------------------------------------------------------------------
     Age of separated employee at birthday before death       Multiplier
------------------------------------------------------------------------
26.........................................................        .1081
27.........................................................        .1146
28.........................................................        .1215
29.........................................................        .1289
30.........................................................        .1367
31.........................................................        .1451
32.........................................................        .1539
33.........................................................        .1634
34.........................................................        .1735
35.........................................................        .1840
36.........................................................        .1954
37.........................................................        .2071
38.........................................................        .2196
39.........................................................        .2326
40.........................................................        .2460
41.........................................................        .2611
42.........................................................        .2772
43.........................................................        .2939
44.........................................................        .3124
45.........................................................        .3314
46.........................................................        .3525
47.........................................................        .3743
48.........................................................        .3978
49.........................................................        .4230
50.........................................................        .4500
51.........................................................        .4792
52.........................................................        .5106
53.........................................................        .5442
54.........................................................        .5804
55.........................................................        .6190
56.........................................................        .6614
57.........................................................        .7070
58.........................................................        .7565
59.........................................................        .8100
60.........................................................        .8680
61.........................................................        .9312
------------------------------------------------------------------------

    With at least 20, but less than 30 years of creditable service--

------------------------------------------------------------------------
     Age of separated employee at birthday before death       Multiplier
------------------------------------------------------------------------
36.........................................................        .2248
37.........................................................        .2383
38.........................................................        .2528
39.........................................................        .2679
40.........................................................        .2835
41.........................................................        .3009
42.........................................................        .3195
43.........................................................        .3389
44.........................................................        .3601
45.........................................................        .3821
46.........................................................        .4064
47.........................................................        .4316
48.........................................................        .4587
49.........................................................        .4878
50.........................................................        .5190
51.........................................................        .5526
52.........................................................        .5887
53.........................................................        .6274
54.........................................................        .6691
55.........................................................        .7137
56.........................................................        .7623

[[Page 66681]]

 
57.........................................................        .8149
58.........................................................        .8717
59.........................................................        .9332
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    With at least 30 years of creditable service--

------------------------------------------------------------------------
                                              Multiplier by separated
                                             employee's year of birth
  Age of separated employee at birthday  -------------------------------
              before death                                   From 1950
                                            After 1966     through 1966
------------------------------------------------------------------------
46......................................           .4989           .5332
47......................................           .5300           .5665
48......................................           .5634           .6021
49......................................           .5991           .6403
50......................................           .6374           .6813
51......................................           .6786           .7253
52......................................           .7228           .7725
53......................................           .7703           .8232
54......................................           .8213           .8778
55......................................           .8763           .9365
56......................................           .9357          1.0000
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[FR Doc. 2023-21284 Filed 9-27-23; 8:45 am]
BILLING CODE 6325-38-P