Unified Agenda
29 CFR Ch. XXVI
AGENCY:
Pension Benefit Guaranty Corporation (PBGC).
ACTION:
Semiannual regulatory agenda.
SUMMARY:
This document sets forth the Pension Benefit Guaranty Corporation's regulatory agenda issued under Executive Order 12866 and the Regulatory Flexibility Act. The agenda lists regulations that are currently under development or review or that PBGC expects to have under development or review during the next 12 months. The effect of this agenda is to advise the public of PBGC's current and future regulatory activities.
ADDRESSES:
Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026.
FOR FURTHER INFORMATION CONTACT:
For further information on the agenda in general, contact Harold J. Ashner, Assistant General Counsel, Office of the General Counsel, (202) 326-4024. (For TTY/TDD users, call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to (202) 326-4024.) For information about a specific regulation project listed on the agenda, contact the person designated in the agenda for that regulation.
SUPPLEMENTARY INFORMATION:
Under the President's order on Regulatory Planning and Review, Executive Order 12866 (58 FR 51735, October 4, 1993), each agency is required to prepare an agenda of all regulations under development or review. The Regulatory Flexibility Act, Public Law 98-354, 5 U.S.C. 601, has a similar agenda requirement. Under that law, the agenda must list any regulation that is likely to have a significant economic impact on a substantial number of small entities.
The Office of Management and Budget has issued guidelines prescribing the form and content of the regulatory agenda. Under those guidelines, the agenda must list all regulatory activities being conducted or reviewed in the next 12 months and provide certain specified information on each regulation. For this edition of the Pension Benefit Guaranty Corporation's regulatory agenda, the most important significant regulatory action is included in the Regulatory Plan, which appears in part II of this issue of the Federal Register. The Regulatory Plan entries are listed in the table of contents below and are denoted by a bracketed bold reference, which directs the reader to the appropriate sequence number in part II.
Dated:
September 17, 2001.
John Seal, Acting Executive Director, Pension Benefit Guaranty Corporation.
| Pension Benefit Guaranty Corporation—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4006 | Filing Rules | 1212-AA89 |
| 4007 | Rules for Administrative Review of Agency Decisions | 1212-AA97 |
| 4008 | Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets (Reg Plan Seq No. 151) | 1212-AA55 |
| Pension Benefit Guaranty Corporation—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4009 | Assessment Of and Relief From Penalties | 1212-AA95 |
| 4010 | Payment of Benefits in PBGC-Trusteed Plans | 1212-AA35 |
| Pension Benefit Guaranty Corporation—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4011 | Cash Balance Plans With Variable Indices | 1212-AA96 |
| Pension Benefit Guaranty Corporation—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4012 | Payment of Premiums | 1212-AA58 |
| 4013 | Calculation and Payment of Unfunded Nonguaranteed Benefits | 1212-AA54 |
| 4014 | Miscellaneous Statutory Amendments | 1212-AA79 |
| 4015 | Treatment of Substantial Cessation of Operations | 1212-AA84 |
| 4016 | Premium Self-Audit | 1212-AA93 |
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 1301 et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4000
Legal Deadline:
None
Abstract:
The PBGC's rules governing the date of filing vary, depending on the regulation involved and the method of filing used (e.g., mail postmarked by the United States Postal Service, metered mail, commercial delivery service, facsimile). The PBGC intends to clarify and simplify its filing rules and to provide greater flexibility in methods of filing (including by electronic means).
| Action | Date | FR Cite |
| NPRM | 03/00/02 | |
| NPRM Comment Period End | 05/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Thomas H. Gabriel, Attorney, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA89
4007. ¤ RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 1302(b)(3)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4003
Legal Deadline:
None
Abstract:
The PBGC plans to clarify and simplify the rules governing its administrative review process. As part of this rulemaking, the PBGC intends to rewrite its administrative review regulation in plain language and to explore ways to make its procedures more efficient.
| Action | Date | FR Cite |
| NPRM | 09/00/02 | |
| NPRM Comment Period End | 11/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Thomas H. Gabriel, Attorney, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA97
4008. ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS; VALUATION OF BENEFITS AND ASSETS
Regulatory Plan:
This entry is Seq. No. 151 in part II of this issue of the Federal Register.
RIN:
1212-AA55
4009. ASSESSMENT OF AND RELIEF FROM PENALTIES
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
Legal Authority:
28 USC 2461 note; 29 USC 1302(b)(3); 29 USC 1303(a); 29 USC 1306; 29 USC 1307; 29 USC 1371
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4003; 29 CFR 4007; 29 CFR 4071
Legal Deadline:
None
Abstract:
The PBGC has issued a number of policy statements about penalties over the last few years. For the convenience of the public, the PBGC proposes to replace those policy statements with an updated and expanded set of penalty policies codified in its regulations.
| Action | Date | FR Cite |
| NPRM | 01/12/01 | 66 FR 2856 |
| NPRM Comment Period End | 03/13/01 | |
| Final Action | 03/00/02 | |
| Final Action Effective | 04/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Deborah C. Murphy, Attorney, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA95
4010. PAYMENT OF BENEFITS IN PBGC-TRUSTEED PLANS
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 1302(b)(3); 29 USC 1322; 29 USC 1342
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4022
Legal Deadline:
None
Abstract:
When the PBGC assumes trusteeship of a terminated pension plan pursuant to sections 4041 and 4042 of ERISA, it pays benefits to participants pursuant to plan provisions and section 4022 of ERISA. This regulation will fill gaps in the rules and otherwise clarify matters that had been handled on a case-by-case basis in the past.
| Action | Date | FR Cite |
| NPRM | 12/26/00 | 65 FR 81456 |
| NPRM Comment Period End | 02/26/01 | |
| Final Action | 12/00/01 | |
| Final Action Effective | 01/00/02 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Catherine B. Klion, Attorney, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005-4024
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA35
4011. CASH BALANCE PLANS WITH VARIABLE INDICES
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
Not Yet Determined
| Action | Date | FR Cite |
| Request for Comments | 06/06/00 | 65 FR 41610 |
| Comment Period End | 09/22/00 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Catherine B. Klion
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA96
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Other Significant
Legal Authority:
29 USC 1302(b)(3); 29 USC 1306; 29 USC 1307
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4006; 29 CFR 4007
Legal Deadline:
None
Abstract:
The PBGC is withdrawing this proposed regulation because it is out of date. If PBGC decides to change the premium regulations, it will initiate a new rulemaking action.
| Action | Date | FR Cite |
| NPRM | 04/10/92 | 57 FR 12666 |
| NPRM Comment Period End | 05/26/92 | |
| NPRM Comment Period Extended to 11/16/92 | 09/17/92 | 57 FR 42910 |
| Final Action Extending Premium Due Dates | 12/14/98 | 63 FR 68684 |
| Final Action Extending Premium Due Dates Effective | 02/12/99 | |
| Final Action Amending Participant Definition and Making Other Simplifying Changes | 12/01/00 | 65 FR 75160 |
| Final Action Amending Participant Definition and Making Other Simplifying Changes Effective | 01/01/01 | |
| Withdrawn | 10/01/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Deborah C. Murphy, Attorney, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA58
4013. CALCULATION AND PAYMENT OF UNFUNDED NONGUARANTEED BENEFITS
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Other Significant
Legal Authority:
29 USC 1302(b)(3); 29 USC 1322(c)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4022 subpart C
Legal Deadline:
None
Abstract:
The PBGC is withdrawing this project because it is reevaluating whether a regulation is needed.
| Action | Date | FR Cite |
| Withdrawn | 10/01/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Additional Information:
RFA: N
Agency Contact:
Peter H. Gould, Senior Counsel, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4020
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA54
4014. MISCELLANEOUS STATUTORY AMENDMENTS
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 1301 et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4000 et seq
Legal Deadline:
None
Abstract:
The PBGC is withdrawing this as a separate project because it intends to incorporate in other substantive rulemaking any regulatory changes that are necessary to reflect statutory changes.
| Action | Date | FR Cite |
| Withdrawn | 10/01/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Thomas H. Gabriel, Attorney, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA79
4015. TREATMENT OF SUBSTANTIAL CESSATION OF OPERATIONS
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 1302(b)(3); 29 USC 1362; 29 USC 1363; 29 USC 1364; 29 USC 1365
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4062
Legal Deadline:
None
Abstract:
The PBGC is withdrawing this project because it is reevaluating whether a regulation is needed.
| Action | Date | FR Cite |
| Withdrawn | 10/01/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
James L. Beller, Attorney, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA84
Agency:
Pension Benefit Guaranty Corporation (PBGC)
Priority:
Substantive, Nonsignificant
Legal Authority:
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4007
Legal Deadline:
None
Abstract:
The PBGC is withdrawing this project because practitioners have advised the PBGC that there is no longer a need for a premium self-audit program.
| Action | Date | FR Cite |
| Withdrawn | 10/01/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Deborah C. Murphy, Attorney, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005-4026
Phone: 202 326-4024
TDD Phone: 800 877-8339
Fax: 202 326-4112
RIN:
1212-AA93