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B-329474 1 (2017-10-13)

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G      A              U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-329474


October 13, 2017

The Honorable Orrin G. Hatch
Chairman
The Honorable Ron Wyden
Ranking Member
Committee on Finance
United States Senate

The Honorable Kevin Brady
Chairman
The Honorable Richard Neal
Ranking Member
Committee on Ways and Means
House of Representatives

Subject: Department of the Treasury, Internal Revenue Service: Mortality Tables for
        Determining Present Value Under Defined Benefit Pension Plans

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of the Treasury, Internal Revenue Service (IRS) entitled
Mortality Tables for Determining Present Value Under Defined Benefit Pension Plans (RIN:
1545-BM71). We received the rule on October 4, 2017. It was published in the Federal
Register as final regulations on October 5, 2017. 82 Fed. Reg. 46,388.

The final rule prescribes new mortality tables to be used by most defined benefit pension plans
to calculate the present value of a stream of expected future benefit payments for purposes of
determining the minimum funding requirements for a defined benefit plan as well as in
determining the minimum required amount of a lump-sum distribution from such plan. The rule
also updates requirements that a plan sponsor must meet to obtain IRS approval to use
mortality tables specific to the plan for minimum funding purposes instead of using the generally
applicable mortality tables.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). This final rule was published in the Federal
Register on October 5, 2017. 82 Fed. Reg. 46,388. It was received October 4, 2017, and has a
stated effective date of October 5, 2017. Therefore, the final rule does not have the required
60-day delay in its effective date. However, IRS stated that the final rule applies to plan
calendar years starting on January 1, 2018, and later.

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