[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Rules and Regulations]
[Pages 18996-18998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9238]



[[Page 18996]]

PENSION BENEFIT GUARANTY CORPORATION

29 CFR Parts 2619 and 2676


Valuation of Plan Benefits in Single-Employer Plans; Valuation of 
Plan Benefits and Plan Assets Following Mass Withdrawal; Amendments 
Adopting Additional PBGC Rates

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Pension Benefit Guaranty 
Corporation's regulations on Valuation of Plan Benefits in Single-
Employer Plans and Valuation of Plan Benefits and Plan Assets Following 
Mass Withdrawal. The former regulation contains the interest 
assumptions that the PBGC uses to value benefits under terminating 
single-employer plans. The latter regulation contains the interest 
assumptions for valuations of multiemployer plans that have undergone 
mass withdrawal. The amendments set out in this final rule adopt the 
interest assumptions applicable to single-employer plans with 
termination dates in May 1995, and to multiemployer plans with 
valuation dates in May 1995. The effect of these amendments is to 
advise the public of the adoption of these assumptions.

EFFECTIVE DATE: May 1, 1995.

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: This rule adopts the May 1995 interest 
assumptions to be used under the Pension Benefit Guaranty Corporation's 
regulations on Valuation of Plan Benefits in Single-Employer Plans (29 
CFR part 2619, the ``single-employer regulation'') and Valuation of 
Plan Benefits and Plan Assets Following Mass Withdrawal (29 CFR part 
2676, the ``multiemployer regulation'').
    Part 2619 sets forth the methods for valuing plan benefits of 
terminating single-employer plans covered under title IV of the 
Employee Retirement Income Security Act of 1974, as amended. Under 
ERISA section 4041(c), all single-employer plans wishing to terminate 
in a distress termination must value guaranteed benefits and ``benefit 
liabilities,'' i.e., all benefits provided under the plan as of the 
plan termination date, using the formulas set forth in part 2619, 
subpart C. (Plans terminating in a standard termination may, for 
purposes of the Standard Termination Notice filed with PBGC, use these 
formulas to value benefit liabilities, although this is not required.) 
In addition, when the PBGC terminates an underfunded plan involuntarily 
pursuant to ERISA section 4042(a), it uses the subpart C formulas to 
determine the amount of the plan's underfunding. Part 2676 prescribes 
rules for valuing benefits and certain assets of multiemployer plans 
under sections 4219(c)(1)(D) and 4281(b) of ERISA.
    Appendix B to part 2619 sets forth the interest rates and factors 
under the single-employer regulation. Appendix B to part 2676 sets 
forth the interest rates and factors under the multiemployer 
regulation. Because these rates and factors are intended to reflect 
current conditions in the financial and annuity markets, it is 
necessary to update the rates and factors periodically.
    The PBGC issues two sets of interest rates and factors, one set to 
be used for the valuation of benefits to be paid as annuities and one 
set for the valuation of benefits to be paid as lump sums. The same 
assumptions apply to terminating single-employer plans and to 
multiemployer plans that have undergone a mass withdrawal. This 
amendment adds to appendix B to parts 2619 and 2676 sets of interest 
rates and factors for valuing benefits in single-employer plans that 
have termination dates during May 1995 and multiemployer plans that 
have undergone mass withdrawal and have valuation dates during May 
1995.
    For annuity benefits, the interest rates will be 6.90% for the 
first 20 years following the valuation date and 5.75% thereafter. For 
benefits to be paid as lump sums, the interest assumptions to be used 
by the PBGC will be 5.50% for the period during which benefits are in 
pay status, 4.75% during the seven-year period directly preceding the 
benefit's placement in pay status, and 4.0% during any other years 
preceding the benefit's placement in pay status. The above annuity 
interest assumptions represent a decrease (from those in effect for 
April 1995) of .20 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 April 1995) 
of .25 percent for the period during which benefits are in pay status 
and the seven years directly preceding that period; they are otherwise 
unchanged.
    Generally, the interest rates and factors under these regulations 
are in effect for at least one month. However, the PBGC publishes its 
interest assumptions each month regardless of whether they represent a 
change from the previous month's assumptions. The assumptions normally 
will be published in the Federal Register by the 15th of the preceding 
month or as close to that date as circumstances permit.
    The PBGC has determined that notice and public comment on these 
amendments 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 single-employer plans whose termination dates fall 
during May 1995, and in multiemployer plans that have undergone mass 
withdrawal and have valuation dates during May 1995, 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 it will not have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency; materially 
alter the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or raise 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles 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 2619

    Employee benefit plans, Pension insurance, and Pensions.

29 CFR Part 2676

    Employee benefit plans and Pensions.

    In consideration of the foregoing, parts 2619 and 2676 of chapter 
XXVI, title 29, Code of Federal Regulations, are hereby amended as 
follows:

PART 2619--[AMENDED]

    1. The authority citation for part 2619 continues to read as 
follows:

    [[Page 18997]] Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 
1344, 1362.

    2. In appendix B, Rate Set 19 is added to Table I, and a new entry 
is added to Table II, as set forth below. The introductory text of both 
tables is republished for the convenience of the reader and remains 
unchanged.

Appendix B to Part 2618--Interest Rates Used to Value Lump Sums and 
Annuities

Lump Sum Valuations

    In determining the value of interest factors of the form v<SUP>0:n 
(as defined in Sec. 2619.49(b)(1)) for purposes of applying the 
formulas set forth in Sec. 2619.49(b) through (i) and in determining 
the value of any interest factor used in valuing benefits under this 
subpart to be paid as lump sums (including the return of accumulated 
employee contributions upon death), the PBGC shall employ the values of 
i<INF>t set out in Table I hereof as follows:
    (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 (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; thereafter the 
immediate annuity rate shall apply.
    (3) For benefits for which the deferral period is y years (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 n<INF>1 
years; thereafter the immediate annuity rate shall apply.
    (4) For benefits for which the deferral period is y years (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; thereafter the 
immediate annuity rate shall apply.

                                                     Table I                                                    
                                              [Lump Sum Valuations]                                             
----------------------------------------------------------------------------------------------------------------
                 For plans with a                                    Deferred annuities (percent)               
                  valuation date         Immediate  ------------------------------------------------------------
  Rate set  -------------------------- annuity rate                                                             
             On or after     Before      (percent)        i<INF>1          i<INF>2          i<INF>3          n<INF>1          n<INF>2    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
19.........      5-1-95       6-1-95         5.50          4.75        4.00        4.00           7           8 
----------------------------------------------------------------------------------------------------------------

Annuity Valuations

    In determining the value of interest factors of the form v<SUP>O:n 
(as defined in Sec. 2619.49(b)(1)) for purposes of applying the 
formulas set forth in Sec. 2619.49 (b) through (i) and in determining 
the value of any interest factor used in valuing annuity benefits under 
the subpart, the plan administrator shall use the values of i<INF>t 
prescribed in the Table II hereof.
    The following table tabulates, for each calendar month of valuation 
ending after the effective date of this part, 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.

                                                    Table II                                                    
                                              [Annuity Valuations]                                              
----------------------------------------------------------------------------------------------------------------
                                                                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=  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
May 1995..........................        .0690         1-20        .0575          >20          N/A          N/A
----------------------------------------------------------------------------------------------------------------

PART 2676--[AMENDED]

    3. The authority citation for part 2676 continues to read as 
follows:

    Authority: 29 U.S.C. 1302(b)(3), 1399(c)(1)(D), 1441(b)(1).

    4. In appendix B, Rate Set 19 is added to Table I, and a new entry 
is added to Table II, as set forth below. The introductory text of both 
tables is republished for the convenience of the reader and remains 
unchanged.

Appendix B to Part 2676--Interest Rates Used To Value Lump Sums and 
Annuities

Lump Sum Valuations

    In determining the value of interests factors of the form v<SUP>O:n 
(as defined in Sec. 2676.13(b)(1)) for purposes of applying the 
formulas set forth in Sec. 2676.13 (b) through (i) and in determining 
the value of any interest factor used in valuing benefits under this 
supbart to be paid as pump sums, the PBGC shall use the values of 
i<INF>t prescribed in Table I hereof. The interest rates set forth in 
Table I shall be used by the PBGC to calculate benefits payable as lump 
sums benefits as follows:
    (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 (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; thereafter the 
immediate annuity rate shall apply.
    (3) For benefits for which the deferral period is y years (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 n<INF>1 
years; thereafter the immediate annuity rate shall 
apply. [[Page 18998]] 
    (4) For benefits for which the deferral period is y years (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; 
thereafter the immediate annuity rate shall apply.

                                                     Table I                                                    
                                              [Lump Sum Valuations]                                             
----------------------------------------------------------------------------------------------------------------
                 For plans with a                                    Deferred annuities (percent)               
                  valuation date         Immediate  ------------------------------------------------------------
  Rate set  -------------------------- annuity rate                                                             
             On or after     Before      (percent)        i<INF>1          i<INF>2          i<INF>3          n<INF>1          n<INF>2    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
19.........      5-1-95       6-1-95         5.50          4.75        4.00        4.00           7           8 
----------------------------------------------------------------------------------------------------------------

Annuity Valuations

    In determining the value of interest factors of the form v<SUP>0:n 
(as defined in Sec. 2676.13(b)(1)) for purposes of applying the 
formulas set forth in Sec. 2676.13 (b) through (i) and in determining 
the value of any interest factor used in valuing annuity benefits under 
this subpart, the plan administrator shall use the values of i<INF>t 
prescribed in the table below.
    The following table tabulates, for each calendar month of valuation 
ending after the effective date of this part, 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.

                                                    Table II                                                    
                                              [Annuity Valuations]                                              
----------------------------------------------------------------------------------------------------------------
                                                                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=  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
May 1995..........................        .0690         1-20        .0575          >20          N/A          N/A
----------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on this 11th day of April 1995.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 95-9238 Filed 4-13-95; 8:45 am]
BILLING CODE 7708-01-M