PBGC Drafts Variable Premium Regs

May 31, 2007 at 01:25 PM
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The Pension Benefit Guarantee Corp. has released a proposed rule that would implement a defined benefit plan provision of the Pension Protection Act of 2006 and strengthen an existing ban on paper PBGC premium filings.

The PBGC insures the benefits of U.S. defined benefit pension plans.

One PPA provision will require PBGC-insured single-employer defined benefit plans to pay a variable PBGC insurance premium component based on a plan's funding target and the market value of its assets.

The plans must pay the variable-rate premium along with a flat-rate premium.

The proposed rule would require "unfunded vested benefits to be measured as of the funding valuation date for the premium payment year," PBGC officials write in a preamble to the proposed rule, which appears today in the Federal Register.

Filers would be making a choice, irrevocable for 5 years, to "use funding discount rates for premium purposes instead of the special premium discount rates," officials write.

The proposed rule also would give some plans more time to file and give others the ability to make estimated variable rate premium payments.

Another key section of the proposed rule, unrelated to the PPA, would prohibit plans from using any means other than the usual electronic filing system to submit premium filings after 2006, officials write.

The PBGC began requiring electronic premium filings back in July 2006.

The PBGC still has the authority to grant exemptions from the e-filing requirements, but it wants to make it clear that filing premiums on paper without an exemption does not satisfy PBGC filing requirements.

The PBGC could impose a penalty on a plan even if it submitted a paper filing on time, officials write.

A copy of the proposed rule is on the Web

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