[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Rules and Regulations]
[Pages 64324-64325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30497]



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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Parts 2621 and 2627


Limitation on Guaranteed Benefits in Single-Employer Plans; 
Disclosure to Participants

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

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SUMMARY: This rule amends Appendix A to the Limitation on Guaranteed 
Benefits regulation of the Pension Benefit Guaranty Corporation 
(``PBGC'') by adding the maximum guaranteeable pension benefit that may 
be paid by the PBGC with respect to a plan participant in a single-
employer pension plan that terminates in 1996. The maximum 
guaranteeable benefit is computed in accordance with the formula in 
section 4022(b)(3) of the Employee Retirement Income Security Act of 
1974, which provides that the maximum guaranteeable benefit is based on 
the contribution and benefit base determined under section 230 of the 
Social Security Act. The latter number is adjusted annually, and that 
adjustment automatically changes the dollar amount of the maximum 
guaranteeable benefit paid by PBGC. The effect of this amendment is to 
advise plan participants and beneficiaries of the increased maximum 
guaranteeable benefit for 1996. This rule also amends Appendix B to the 
PBGC's Disclosure to Participants regulation by adding information on 
1996 maximum guaranteed benefit amounts. Plan administrators may, 
subject to the requirements of that regulation, include this 
information in participant notices.

EFFECTIVE DATE: January 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 20005-4026, 202-326-
4024 (202-326-4179 for TTY and TDD). (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION: Section 4022(b) of the Employee Retirement 
Income Security Act of 1974, as amended, (``ERISA'') provides for 
certain limitations on benefits guaranteed by the Pension Benefit 
Guaranty Corporation (``PBGC'') in terminating single-employer pension 
plans covered under Title IV of ERISA. One of the limitations set forth 
in section 4022(b)(3) is a dollar ceiling on the amount of the monthly 
benefit that may be paid to a plan participant by the PBGC. 
Subparagraph (B) of section 4022(b)(3) provides that the amount of 
monthly benefit payable in the form of a life annuity beginning at age 
65 shall not exceed ``$750 multiplied by a fraction, the numerator of 
which is the contribution and benefit base (determined under section 
230 of the Social Security Act) in effect at the time the plan 
terminates and the denominator of which is such contribution and 
benefit base in effect in calendar year 1974 [$13,200]''. This formula 
is also set forth in Sec. 2621.3(a)(2) of the PBGC's regulation 
entitled Limitation on Guaranteed Benefits in Single-Employer Plans (29 
CFR Part 2621).
    Section 230(d) of the Social Security Act (42 U.S.C. 430(d)) 
provides special rules for determining the contribution and benefit 
base for purposes of section 4022(b)(3)(B). Each year the Social 
Security Administration determines, and notifies the PBGC of, the 
contribution and benefit base to be used by the PBGC under these 
provisions. 

[[Page 64325]]
The PBGC has been notified by the Social Security Administration that, 
under section 230 of the Social Security Act, $46,500 is the 
contribution and benefit base that is to be used to calculate the PBGC 
maximum guaranteeable benefit for 1996. Accordingly, the formula under 
section 4022(b)(3)(B) of ERISA and 29 CFR Sec. 2621.3(a)(2) is: $750 
multiplied by $46,500/$13,200. Thus, the maximum monthly benefit 
guaranteeable by the PBGC in 1996 is $2,642.05 per month in the form of 
a life annuity beginning at age 65. If a benefit is payable in a 
different form or begins at a different age, the maximum guaranteeable 
amount will be the actuarial equivalent of $2,642.05 per month.
    Appendix A to part 2621 lists the maximum guaranteeable benefit 
payable by the PBGC to participants in single-employer plans that have 
terminated in each year from 1974 through 1995. This amendment updates 
appendix A for plans that terminate in 1996.
    Section 4011 of ERISA requires plan administrators of certain 
underfunded plans to provide notice to plan participants and 
beneficiaries of the plan's funding status and the limits of the PBGC's 
guarantee. The PBGC's Disclosure to Participants regulation (part 2627) 
implements the statutory notice requirement. This rule amends Appendix 
B to the PBGC's Disclosure to Participants regulation by adding 
information on 1996 maximum guaranteed benefit amounts. Plan 
administrators may, subject to the requirements of that regulation, 
include this information in participant notices.
    Because the maximum guaranteeable benefit is determined according 
to the formula in section 4022(b)(3)(B) of ERISA, and these amendments 
make no change in its method of calculation but simply list 1996 
maximum guaranteeable benefit amounts for the public's knowledge, 
general notice of proposed rulemaking is not required. Moreover, 
because the 1996 maximum guaranteeable benefit is effective, under the 
statute, at the time that the Social Security contribution and benefit 
base is effective, i.e., January 1, 1996, and is not dependent on the 
issuance of this regulation, the PBGC finds that good cause exists for 
making these amendments effective less than 30 days after publication 
(5 U.S.C. 553).
    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 regulation, the Regulatory Flexibility Act of 1980 does not apply 
(5 U.S.C. 601(2)).

List of Subjects in 29 CFR Parts 2621 and 2627

    Employee benefit plans, Pension insurance, and Pensions.

    In consideration of the foregoing, parts 2621 and 2627 of 
subchapter C, chapter XXVI, title 29, Code of Federal Regulations are 
hereby amended as follows:

PART 2621--LIMITATION ON GUARANTEED BENEFITS IN SINGLE-EMPLOYER 
PLANS

    1. The authority citation for Part 2621 continues to read as 
follows:

    Authority: 29 U.S.C. 1302, 1322, 1322b.

    2. Appendix A to part 2621 is amended by adding a new entry to read 
as follows. The introductory text is reproduced for the convenience of 
the reader and remains unchanged.

Appendix A to Part 2621--Maximum Guaranteeable Monthly Benefit

    The following table lists by year the maximum guaranteeable monthly 
benefit payable in the form of a life annuity commencing at age 65 as 
described by Sec. 2621.3(a)(2) to a participant in a plan that 
terminated in that year:

------------------------------------------------------------------------
                                                              Maximum   
                                                           guaranteeable
                          Year                                monthly   
                                                              benefit   
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
1996....................................................        2,642.05
------------------------------------------------------------------------

PART 2627--DISCLOSURE TO PARTICIPANTS

    3. The authority citation for Part 2627 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1311.

    4. Appendix B to part 2627 is amended by adding a new entry to read 
as follows. The introductory text is reproduced for the convenience of 
the reader and remains unchanged.

Appendix B to Part 2627--Table of Maximum Guaranteed Benefits

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                                                   The maximum guaranteed benefit for an individual starting to receive benefits at the age listed below
                                                                              is the amount (monthly or annual) listed below:                           
                                                 -------------------------------------------------------------------------------------------------------
            If a plan terminates in--                      Age 65                     Age 62                   Age 60                    Age 55         
                                                 -------------------------------------------------------------------------------------------------------
                                                    Monthly       Annual      Monthly       Annual      Monthly       Annual      Monthly       Annual  
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1996............................................    $2,642.05   $31,704.60    $2,087.22   $25,046.64    $1,717.33   $20,607.96    $1,188.92   $14,267.04
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    Issued at Washington, DC this 11th day of December, 1995.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 95-30497 Filed 12-14-95; 8:45 am]
BILLING CODE 7708-01-P