12 C.F.R. § 327.9 Assessment schedules.
Title 12 - Banks and Banking
(a) Base assessment schedules—(1) In general. Subject to §327.4(c) and subpart B of this part, the base annual assessment rate for an insured depository institution shall be the rate prescribed in the appropriate base assessment schedule set forth in paragraph (a)(2) of this section applicable to the assessment risk classification assigned by the Corporation under §327.4(a) to that institution. Each base assessment schedule utilizes the group and subgroup designations specified in §327.4(a). An institution shall pay assessments at the rate specified in the appropriate base assessment schedule except as provided in paragraph (b) of this section. (2) Assessment schedules—(i) Base rates for BIF members. The following base assessment schedule applies with respect to assessments paid to the BIF by BIF members and by other institutions that are required to make payments to the BIF pursuant to subpart B of this part: (ii) Base rates for SAIF members. The following base assessment schedule applies with respect to assessments paid to the SAIF by SAIF members and by other institutions that are required to make payments to the SAIF pursuant to subpart B of this part: (b) Adjusted assessment schedules—(1) In general. Except as provided in paragraph (b)(3)(ii) of this section, institutions shall pay semiannual assessments at the rates specified in this paragraph (b) whenever such rates have been prescribed by the Board. (2) Adjusted rates for BIF members. The Board has adjusted the BIF Base Assessment Schedule by reducing each rate therein by 4 basis points for the first semiannual period of 1997 and thereafter. Accordingly, the following adjusted assessment schedule applies to BIF members: (3) Adjusted rates for SAIF members—(i) In general. The Board has adjusted the SAIF Base Assessment Schedule by reducing each rate therein by 4 basis points for the first semiannual period of 1997 and thereafter. Accordingly, except as provided in paragraph (b)(3)(ii) of this section, the following adjusted assessment schedule applies to SAIF members: (ii) Institutions exempt from the special assessment—(A) Rate schedule. An institution that, pursuant to former §327.43 (a) or (b) as in effect on November 27, 1996 (See 12 CFR 327.43 as revised January 1, 1997.), was exempt from the special assessment prescribed by 12 U.S.C. 1817 Note shall pay regular semiannual assessments to the SAIF from the first semiannual period of 1996 through the second semiannual period of 1999 according to the schedule of rates specified in former §327.9(d)(1) as in effect for SAIF members on June 30, 1995 (See 12 CFR 327.9 as revised January 1, 1996.), as follows: (B) Termination of special rate schedule. An institution that makes a pro-rata payment of the special assessment shall cease to be subject to paragraph (b)(3)(ii)(A) of this section. The pro-rata payment must be equal to the following product: 16.7 percent of the amount the institution would have owed for the special assessment, multiplied by the number of full semiannual periods remaining between the date of the payment and December 31, 1999. (c) Rate adjustments; procedures—(1) Semiannual adjustments. The Board may increase or decrease the BIF Base Assessment Schedule set forth in paragraph (a)(2)(i) of this section or the SAIF Base Assessment Schedule set forth in paragraph (a)(2)(ii) of this section up to a maximum increase of 5 basis points or a fraction thereof or a maximum decrease of 5 basis points or a fraction thereof (after aggregating increases and decreases), as the Board deems necessary to maintain the reserve ratio of an insurance fund at the designated reserve ratio for that fund. Any such adjustment shall apply uniformly to each rate in the base assessment schedule. In no case may such adjustments result in an assessment rate that is mathematically less than zero or in a rate schedule for an insurance fund that, at any time, is more than 5 basis points above or below the base assessment schedule for that fund, nor may any one such adjustment constitute an increase or decrease of more than 5 basis points. The adjustment for any semiannual period for a fund shall be determined by: (i) The amount of assessment revenue necessary to maintain the reserve ratio at the designated reserve ratio; and (ii) The assessment schedule that would generate the amount of revenue in paragraph (c)(1)(i) of this section considering the risk profile of the institutions required to pay assessments to the fund. (2) Amount of revenue. In determining the amount of assessment revenue in paragraph (c)(1)(i) of this section, the Board shall take into consideration the following: (i) Expected operating expenses of the insurance fund; (ii) Case resolution expenditures and income of the insurance fund; (iii) The effect of assessments on the earnings and capital of the institutions paying assessments to the insurance fund; and (iv) Any other factors the Board may deem appropriate. (3) Adjustment procedure. Any adjustment adopted by the Board pursuant to this paragraph (c) will be adopted by rulemaking. Nevertheless, because the Corporation is generally required by statute to set assessment rates as necessary (and only to the extent necessary) to maintain or attain the target designated reserve ratio, and because the Corporation must do so in the face of constantly changing conditions, and because the purpose of the adjustment procedure is to permit the Corporation to act expeditiously and frequently to maintain or attain the designated reserve ratio in an environment of constant change, but within set parameters not exceeding 5 basis points, without the delays associated with full notice-and-comment rulemaking, the Corporation has determined that it is ordinarily impracticable, unnecessary and not in the public interest to follow the procedure for notice and public comment in such a rulemaking, and that accordingly notice and public procedure thereon are not required as provided in 5 U.S.C. 553(b). For the same reasons, the Corporation has determined that the requirement of a 30-day delayed effective date is not required under 5 U.S.C. 553(d). Any adjustment adopted by the Board pursuant to a rulemaking specified in this paragraph (c) will be reflected in an adjusted assessment schedule set forth in paragraph (b)(2) or (b)(3) of this section, as appropriate. (4) Announcement. Except with respect to assessments for the first semiannual period of 1997, the Board shall announce the semiannual assessment schedule and the amount and basis for any adjustment thereto not later than 30 days before the invoice date specified in §327.3(c) for the first quarter of the semiannual period for which the adjustment shall be effective. (d) Refunds or credits of certain assessments. If the amount paid by an institution for the regular semiannual assessment for the second semiannual period of 1996 exceeds, as a result of the reduction in the rate schedule for a portion of that semiannual period, the amount due from the institution for that semiannual period, the Corporation will refund or credit any such excess payment and will provide interest on the excess payment in accordance with the provisions of §327.7. Notwithstanding §327.7(a)(3)(ii), such interest will accrue beginning as of October 1, 1996. [61 FR 67696, Dec. 24, 1996, as amended at 62 FR 27176, May 19, 1997; 64 FR 70181, Dec. 16, 1999]
Title 12: Banks and Banking
PART 327—ASSESSMENTS
Subpart A—In General
§ 327.9 Assessment schedules.
BIF Base Assessment Schedule------------------------------------------------------------------------ Supervisory subgroup Capital group ----------------------------- A B C------------------------------------------------------------------------1......................................... 4 7 212......................................... 7 14 283......................................... 14 28 31------------------------------------------------------------------------
SAIF Base Assessment Schedule------------------------------------------------------------------------ Supervisory subgroup Capital group ----------------------------- A B C------------------------------------------------------------------------1......................................... 4 7 212......................................... 7 14 283......................................... 14 28 31------------------------------------------------------------------------
BIF Adjusted Assessment Schedule------------------------------------------------------------------------ Supervisory subgroup Capital group ----------------------------- A B C------------------------------------------------------------------------1......................................... 0 3 172......................................... 3 10 243......................................... 10 24 27------------------------------------------------------------------------
SAIF Adjusted Assessment Schedule------------------------------------------------------------------------ Supervisory subgroup Capital group ----------------------------- A B C------------------------------------------------------------------------1......................................... 0 3 172......................................... 3 10 243......................................... 10 24 27------------------------------------------------------------------------
------------------------------------------------------------------------ Supervisory subgroup Capital group ----------------------------- A B C------------------------------------------------------------------------1......................................... 23 26 292......................................... 26 29 303......................................... 29 30 31------------------------------------------------------------------------
