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Rules and Regulations
Federal Register Vol. 86, No. 183
Friday, September 24, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 843
RIN 3206AO13

Federal Employees Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees Office of Personnel Management.
ACTION: Final rule.
AGENCY:

The Office of Personnel Management OPM is adopting its proposed rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36
installments under the Federal Employees Retirement System FERS
Act of 1986. These rules are necessary to ensure that the tables conform to the economic and demographic assumptions adopted by the Board of Actuaries and published in the Federal Register on March 29, 2021, as required by the United States Code.
DATES: This rule becomes effective on October 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Karla Yeakle, 202 6060299.
SUPPLEMENTARY INFORMATION: On March 29, 2021, OPM published at 86 FR
16401, a notice in the Federal Register to revise the normal cost percentages under the Federal Employees Retirement System FERS Act of 1986, Public Law 99335, 100 Stat. 514, as amended, based on economic assumptions and demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. By SUMMARY:

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statute under 5 U.S.C. 8461i, the revisions to the actuarial assumptions require corresponding changes in factors used to produce actuarially equivalent benefits when required by the FERS Act.
As a result, on June 30, 2021, at 86 FR
34637, OPM published a proposed rule in the Federal Register to revise the table of reduction factors in appendix A
to subpart C of part 843 of title 5, Code of Federal Regulations, for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36
installments under 5 CFR 843.309. OPM
received one comment that simply disagreed with the proposed rule without citing any basis for the disagreement. Because this comment is not clear, OPM is unable to provide a substantive response to it.
Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity. A regulatory impact analysis must be prepared for major rules with economically significant effects of $100
million or more in any one year. This rule was not designated as a significant regulatory action, under Executive Order 12866.
Regulatory Flexibility Act The Office of Personnel Management certifies that this rule will not have a significant economic impact on a substantial number of small entities.
Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments.

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Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments.
Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a rule as that term is used by the Congressional Review Act Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996
SBREFA. Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Paperwork Reduction Act Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq. PRA, unless that collection of information displays a currently valid Office of Management and Budget OMB Control Number.
This rule involves an OMB approved collection of information subject to the PRA Application for Death Benefits FERS/Documentation and Elections in Support of Application for Death Benefits when Deceased was an Employee at the Time of Death FERS, 32060172. The public reporting burden for this collection is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The total burden hour estimate for this form is 16,751 hours. The systems of record notice for this collection is: OPM

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