Page:United States Statutes at Large Volume 119.djvu/3622

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[119 STAT. 3604]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 3604]

119 STAT. 3604

PUBLIC LAW 109–173—FEB. 15, 2006 ‘‘(4) COVERAGE FOR CERTAIN EMPLOYEE BENEFIT PLAN DEPOSITS.— ‘‘(A) PASS-THROUGH INSURANCE.—The Administration shall provide pass-through share insurance for the deposits or shares of any employee benefit plan. ‘‘(B) PROHIBITION ON ACCEPTANCE OF DEPOSITS.—An insured credit union that is not well capitalized or adequately capitalized may not accept employee benefit plan deposits. ‘‘(C) DEFINITIONS.—For purposes of this paragraph, the following definitions shall apply: ‘‘(i) CAPITAL STANDARDS.—The terms ‘well capitalized’ and ‘adequately capitalized’ have the same meanings as in section 216(c). ‘‘(ii) EMPLOYEE BENEFIT PLAN.—The term ‘employee benefit plan’— ‘‘(I) has the meaning given to such term in section 3(3) of the Employee Retirement Income Security Act of 1974; ‘‘(II) includes any plan described in section 401(d) of the Internal Revenue Code of 1986; and ‘‘(III) includes any eligible deferred compensation plan described in section 457 of the Internal Revenue Code of 1986. ‘‘(iii) PASS-THROUGH SHARE INSURANCE.—The term ‘pass-through share insurance’ means, with respect to an employee benefit plan, insurance coverage based on the interest of each participant, in accordance with regulations issued by the Administration. ‘‘(D) RULE OF CONSTRUCTION.—No provision of this paragraph shall be construed as authorizing an insured credit union to accept the deposits of an employee benefit plan in an amount greater than such credit union is authorized to accept under any other provision of Federal or State law. ‘‘(5) STANDARD MAXIMUM SHARE INSURANCE AMOUNT DEFINED.—For purposes of this Act, the term ‘standard maximum share insurance amount’ means $100,000, adjusted as provided under section 11(a)(1)(F) of the Federal Deposit Insurance Act.’’. (2) INCREASE IN SHARE INSURANCE FOR CERTAIN RETIREMENT ACCOUNTS.—Section 207(k)(3) of the Federal Credit Union Act (12 U.S.C. 1787(k)(3)) is amended by striking ‘‘$100,000’’ and inserting ‘‘ ‘$250,000 (which amount shall be subject to inflation adjustments as provided under section 11(a)(1)(F) of the Federal Deposit Insurance Act, except that $250,000 shall be substituted for $100,000 wherever such term appears in such section)’ ’’. (3) OTHER TECHNICAL AND CONFORMING AMENDMENTS.— Section 205(a) of the Federal Credit Union Act (12 U.S.C. 1785(a)) is amended to read as follows: ‘‘(a) INSURANCE LOGO.— ‘‘(1) INSURED CREDIT UNIONS.— ‘‘(A) IN GENERAL.—Each insured credit union shall display at each place of business maintained by that credit union a sign or signs relating to the insurance of the

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