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 Pension Benefit Guaranty Corporation 29 CFR Part 4044
 AGENCY: Pension Benefit Guaranty Corporation.
 ACTION: Final rule.
 SUMMARY: This rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans by substituting a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in 2024. This table is needed to compute the value of early retirement benefits and, thus, the total value of benefits under a plan.
 DATES: This rule is effective January 1, 2024.
 FOR FURTHER INFORMATION CONTACT: Hilary Duke (
                        *duke.hilary@pbgc.gov*), Assistant General Counsel for Regulatory Affairs, Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024-2101, 202-229-3839. If you are deaf or hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.


SUPPLEMENTARY INFORMATION: The Pension Benefit Guaranty Corporation (PBGC) administers the pension plan termination insurance program under title IV of the Employee Retirement Income Security Act of 1974 (ERISA). PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) sets forth (in subpart B) the methods for valuing plan benefits of terminating single-employer plans covered under title IV. Guaranteed benefits and benefit liabilities under a plan that is undergoing a distress termination must be valued in accordance with subpart B of part 4044. In addition, when PBGC terminates an underfunded plan involuntarily pursuant to ERISA section 4042(a), it uses the subpart B valuation rules to determine the amount of the plan's underfunding. Under § 4044.51(b) of the asset allocation regulation, early retirement benefits are valued based on the annuity starting date, if a retirement date has been selected, or the expected retirement age, if the annuity starting date is not known on the valuation date. Sections 4044.55 through 4044.57 set forth rules for determining the expected 
                    ( print page 83353)
                    retirement ages for plan participants entitled to early retirement benefits. Appendix D of part 4044 contains tables to be used in determining the expected early retirement ages. Table I in appendix D (Selection of Retirement Rate Category) is used to determine whether a participant has a low, medium, or high probability of retiring early. The determination is based on the year a participant would reach “unreduced retirement age” (URA) (
                    *i.e.,*
                     the earlier of the normal retirement age or the age at which an unreduced benefit is first payable) and the participant's monthly benefit at the unreduced retirement age. The table applies only to plans with valuation dates in the current year and is updated annually by PBGC to reflect changes in the cost of living. Tables II-A, II-B, and II-C (Expected Retirement Ages for Individuals in the Low, Medium, and High Categories respectively) are used to determine the expected retirement age after the probability of early retirement has been determined using table I. These tables establish, by probability category, the expected retirement age based on both the earliest age a participant could retire under the plan and the unreduced retirement age. This expected retirement age is used to compute the value of the early retirement benefit and, thus, the total value of benefits under the plan. This document amends appendix D to replace table I-23 with table I-24 to provide an updated correlation, appropriate for calendar year 2024, between the amount of a participant's benefit and the probability that the participant will elect early retirement. Table I-24 will be used to value benefits in plans with valuation dates during calendar year 2024. PBGC has determined that notice of, and public comment on, this rule are impracticable, unnecessary, and contrary to the public interest. PBGC's update of appendix D for calendar year 2024 is routine. If a plan has a valuation date in 2024, the plan administrator needs the updated table being promulgated in this rule to value benefits. Accordingly, PBGC finds that the public interest is best served by issuing this table expeditiously, without an opportunity for notice and comment, and that good cause exists for making the table set forth in this amendment effective less than 30 days after publication to allow the use of the proper table to estimate the value of plan benefits for plans with valuation dates in early 2024. 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 4044 Employee benefit plans
Pension insurance
 In consideration of the foregoing, 29 CFR part 4044 is amended as follows: PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS
 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.Appendix D to part 4044 is amended by removing table I-23 and adding in its place table I-24 to read as follows: Appendix D to Part 4044—Tables Used To Determine Expected Retirement Age Table I-24—Selection of Retirement Rate Category
[For valuation dates in 2024 1
                                ]
If participant reaches URA in year—
Participant's retirement rate category is—
High 4
                                     if monthly
                                     benefit at URA 
                                     is greater than—Low 2
                                     if monthly
                                     benefit at URA 
                                     is less than—
Medium 3
                                     if monthly benefit at URA is—From—
To—2025
802
802
3,388
3,3882026
821
821
3,466
3,4662027
839
839
3,546
3,5462028
859
859
3,627
3,6272029
879
879
3,711
3,7112030
899
899
3,796
3,7962031
919
919
3,883
3,8832032
941
941
3,973
3,9732033
962
962
4,064
4,0642034 or later
984
984
4,157
4,1571
                                 Applicable tables for valuation dates before 2024 are available on PBGC's website (
                                *www.pbgc.gov*).2
                                 Table II-A.3
                                 Table II-B.4
                                 Table II-C.
 Issued in Washington, DC. Hilary Duke, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation.


[FR Doc. 2023-26238 Filed 11-28-23; 8:45 am] BILLING CODE 7709-02-P