Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Pension Benefit Guaranty Corporation 29 CFR Parts 4022 and 4044
 AGENCY: Pension Benefit Guaranty Corporation.
 ACTION: Final rule.
 SUMMARY: This final rule amends the Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the benefit payments regulation for valuation dates in April 2012 and interest assumptions under the asset allocation regulation for valuation dates in the second quarter of 2012. The interest assumptions are used for valuing and paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.
 DATES: Effective April 1, 2012.
 FOR FURTHER INFORMATION CONTACT: Catherine B. Klion (
                        *Klion.Catherine@PBGC.gov*), 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: PBGC's regulations on Allocation of Assets in Single-Employer Plans (29 CFR Part 4044) and Benefits Payable in Terminated Single-Employer Plans (29 CFR Part 4022) prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits under terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions in the regulations are also published on PBGC's Web site (
                    *http://www.pbgc.gov*). The interest assumptions in Appendix B to Part 4044 are used to value benefits for allocation purposes under ERISA section 4044. PBGC uses the interest assumptions in Appendix B to Part 4022 to determine whether a benefit is payable as a lump sum and to determine the amount to pay. Appendix C to Part 4022 contains interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using PBGC's historical methodology. Currently, the rates in Appendices B and C of the benefit payment regulation are the same. The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Assumptions under the asset allocation regulation are updated quarterly; assumptions under the benefit payments regulation are updated monthly. This final rule updates the benefit payments interest assumptions for April 2012 and updates the asset allocation interest assumptions for the second quarter (April through June) of 2012. The second quarter 2012 interest assumptions under the allocation regulation will be 3.11 percent for the first 20 years following the valuation date and 3.36 percent thereafter. In comparison with the interest assumptions in effect for the first quarter of 2012, these interest assumptions represent no change in the select period (the period during which the select rate (the initial rate) applies), a decrease of 0.63 percent in the select rate, and a decrease of 0.34 percent in the ultimate rate (the final rate). The April 2012 interest assumptions under the benefit payments regulation will be 1.25 percent for the period during which a benefit is in pay status and 4.00 percent during any years preceding the benefit's placement in pay status. In comparison with the interest assumptions in effect for March 2011, these interest assumptions are unchanged.
                    ( print page 15257) 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 assumptions promptly so that the assumptions can reflect current market conditions as accurately as possible. Because of the need to provide immediate guidance for the valuation and payment of benefits under plans with valuation dates during April 2012, PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication. 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 29 CFR Part 4022 Employee benefit plans
Pension insurance
Pensions
Reporting and recordkeeping requirements 29 CFR Part 4044 Employee benefit plans
Pension insurance
Pensions
 In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended as follows: PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS
 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. 2.In appendix B to part 4022, Rate Set 222, as set forth below, is added to the table. Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments 
 Rate set
For plans with a valuation date
Immediate 
                                 annuity rate  
                                 (percent)
Deferred annuities 
                                 (percent)On or after
Before
*i**1*
*i**2*
*i**3*
*n**1*
*n**2**         *         *         *         *         *         *222
4-1-12
5-1-12
1.25
4.00
4.00
4.00
7
8
 3.In appendix C to part 4022, Rate Set 222, as set forth below, is added to the table. Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments 
 Rate set
For plans with a valuation date
Immediate 
                                 annuity rate  
                                 (percent)
Deferred annuities 
                                 (percent)On or after
Before
*i**1*
*i**2*
*i**3*
*n**1*
*n**2**         *         *         *         *         *         *222
4-1-12
5-1-12
1.25
4.00
4.00
4.00
7
8
 PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS
 4.The authority citation for part 4044 continues to read as follows: Authority:
                        29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. 5.In appendix B to part 4044, a new entry for April-June 2012, as set forth below, is added to the table. Appendix B to Part 4044—Interest Rates Used To Value Benefits 
 For valuation dates occurring in the month—
The values of 
                                *i**t*
                                 are:*i**t*
for 
                                *t*
                                 =
*i**t*
for 
                                *t*
                                 =
*i**t*
for 
                                *t*
                                 =*         *         *         *         *         *         *April-June 2012
0.0311
1-20
0.0336
>20
N/A
N/A
 Issued in Washington, DC, on this 9th day of March 2012. Laricke Blanchard, Deputy Director for Policy, Pension Benefit Guaranty Corporation.


[FR Doc. 2012-6301 Filed 3-14-12; 8:45 am] BILLING CODE 7709-01-P