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December 12, 2006



PBGC Agenda Addresses Penalties, Mortality Assumptions, and Payment Matters

The Pension Benefit Guaranty Corporation released Dec. 8 its semiannual regulatory agenda, addressing rulemakings related to penalties, mortality assumptions, and payment matters.

PBGC has issued a number of policy statements about penalties over the last few years, the agenda said. For the convenience of the public, the agency is replacing those policy statements with an updated and expanded set of information penalty policies codified in its regulations. The agenda indicates final action on this by June 2007.

PBGC is amending its regulation on missing participants to conform the mortality assumptions in that regulation to the updated mortality assumptions under its regulation on allocation of assets in single employer plans, the agenda said.

The agency also is amending its regulation on the duties of plan sponsors following mass withdrawal to make a minor change in the mortality assumptions used for deferred annuities, it said.

A final rule on both of these is pending.

PPA Changes.

The agenda lists the following proposed rules for action as a result of the passage of the Pension Protection Act:

• Financial Information:A proposed rule would amend and clarify PBGC regulations on annual financial and actuarial information reporting is expected in May 2007.

• Premium Rates:A proposed rule would change the requirements for computing the variable rate premium is expected in May 2007

Other Proposed Rules.

The agenda lists the following other proposed rules for action:

• Reportable Events.A proposal would add two new reportable events. One is an event requiring filing of Form 8-K with the Securities and Exchange Commission and the other pertains to the decline in the credit rating of a controlled group member below investment grade. A proposed rule is expected in May 2007. The 8-K is a document required by the SEC to announce certain significant changes in a public company, such as a merger or acquisition, a name or address change, bankruptcy, change of auditors, or any other information which a potential investor ought to know about.

• Multiemployer Amendments.A proposed rule would consider amending multiemployer regulations to strengthen reporting requirements and make other clarifying changes, and is expected in July 2007.

• Allocation of Assets.A proposed rule would amend PBGC's benefit valuation and asset allocation regulations by improving its valuation assumptions and methods, and is expected in July 2007.

The agenda is scheduled for publication in the Federal Register on Dec. 11.

By Michael W. Wyand


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