Page:United States Statutes at Large Volume 105 Part 3.djvu/462

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


105 STAT. 2346 PUBLIC LAW 102-242 —DEC. 19, 1991 "(III) any other factors the Corporation determines are relevant to assessing such probability; "(ii) the likely amount of any such loss; and "(iii) the revenue needs of the deposit insurance fund. "(D) SEPARATE ASSESSMENT SYSTEMS.— The Board of Directors may establish separate risk-beised assessment systems for large and small members of each deposit insurance fund. " (2) SETTING ASSESSMENTS. — " (A) ACHIEVING AND MAINTAINING DESIGNATED RESERVE RATIO. — "(i) IN GENERAL.—The Board of Directors shall set semiannual assessments for insured depository institutions— "(I) to maintain the reserve ratio of each deposit insurance fund at the designated reserve ratio; or "(II) if the reserve ratio is less than the designated reserve ratio, to increase the reserve ratio to the designated reserve ratio as provided in paragraph (3). " (ii) FACTORS TO BE CONSIDERED.— In carrying out clause (i), the Board of Directors shall consider the deposit insurance fund's— "(I) expected operating expenses, "(II) case resolution expenditures and income, "(III) the effect of assessments on members' earnings and capital, and "(IV) any other factors that the Board of Directors may deem appropriate, "(iii) MINIMUM ASSESSMENT. — The semiannual assessment for each member of a deposit insurance fund shall be not less than $1,000. "(iv) DESIGNATED RESERVE RATIO DEFINED.—The designated reserve ratio of each deposit insurance fund for each year shall be— "(I) 1.25 percent of estimated insured deposits; or "(II) a higher percentage of estimated insured deposits that the Board of Directors determines to be justified for that year by circumstances raising a significant risk of substantial future losses to the fund. "(B) INDEPENDENT TREATMENT OF FUNDS.—The Board of Directors shall— "(i) set semiannual assessments for members of each deposit insurance fund independently from semiannual assessments for members of any other deposit insurance fund; and "(ii) set the designated reserve ratio of each deposit insurance fund independently from the designated reserve ratio of any other deposit insurance fund. "(C) NOTICE OF ASSESSMENTS. —The Corporation shall notify each insured depository institution of that institution's semiannual assessment. "(D) PRIORITY OF FINANCING CORPORATION AND FUNDING CORPORATION ASSESSMENTS.— Notwithstanding any other provision of this paragraph, amounts assessed by the Financing Corporation under section 21 of the Federal