    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [Legislate Procedures Enacted in Law]
    [Pages 1139-1142]
    [From the U.S. Government Publishing Office, www.gpo.gov]

      9. Multiemployer Guarantees, Revised Schedules [Employee Retirement

           Income Security Act of 1974, Sec. 4022A (29 U.S.C. 1322a)]

                     multiemployer plan benefits guaranteed

      Sec. 4022A. * * * (f)(1) No later than 5 years after September 26,
    1980, and at least every fifth year thereafter, the corporation shall--

              (A) conduct a study to determine--

                      (i) the premiums needed to maintain the basic-benefit

                    guarantee levels for multiemployer plans described in

                    subsection (c), and

                      (ii) whether the basic-benefit guarantee levels for

                    multiemployer plans may be increased without increasing

                    the basic-benefit premiums for multiemployer plans under

                    this title; and

              (B) report such determinations to the Committee on Ways and

            Means and the Committee on Education and Labor of the House of

            Representatives and to the Committee on Finance and the

            Committee on Labor and Human Resources of the Senate.

      (2)(A) If the last report described in paragraph (1) indicates that a
    premium increase is necessary to support the existing basic-benefit
    guarantee levels for multiemployer plans, the corporation shall transmit
    to the Committee on Ways and Means and the Committee on Education and
    Labor of the House of Representatives and to the Committee on Finance
    and the Committee on Labor and Human Resources of the Senate by March 31
    of any calendar year in which congressional action under this subsection
    is requested--

              (i) a revised schedule of basic-benefit guarantees for

            multiemployer plans which would be necessary in the absence of

            an increase in premiums approved in accordance with section

            4006(b) [29 U.S.C. 1306(b)],

              (ii) a revised schedule of basic-benefit premiums for

            multiemployer plans which is necessary to support the existing

            basic-benefit guarantees for such plans, and

              (iii) a revised schedule of basic-benefit guarantees for

            multiemployer plans for which the schedule of premiums necessary

    [[Page 1140]]

    schedule for such
            is higher than the existing premium

            plans but lower than the revised schedule of premiums for such

            plans specified in clause (ii), together with such schedule of

            premiums.

      (B) The revised schedule of increased premiums referred to in
    subparagraph (A)(ii) or (A)(iii) shall go into effect as approved by the
    enactment of a joint resolution.

      (C) If an increase in premiums is not so enacted, the revised
    guarantee schedule described in subparagraph (A)(i) shall go into effect
    on the first day of the second calendar year following the year in which
    such revised guarantee schedule was submitted to the Congress.

      (3)(A) If the last report described in paragraph (1) indicates that
    basic-benefit guarantees for multiemployer plans can be increased
    without increasing the basic-benefit premiums for multiemployer plans
    under this title, the corporation shall submit to the Committee on Ways
    and Means and the Committee on Education and Labor of the House of
    Representatives and to the Committee on Finance and the Committee on
    Labor and Human Resources of the Senate by March 31 of the calendar year
    in which congressional action under this paragraph is requested--

              (i) a revised schedule of increases in the basic-benefit

            guarantees which can be supported by the existing schedule of

            basic-benefit premiums for multiemployer plans, and

              (ii) a revised schedule of basic-benefit premiums sufficient

            to support the existing basic-benefit guarantees.

      (B) The revised schedules referred to in subparagraph (A)(i) or
    subparagraph (A)(ii) shall go into effect as approved by the Congress by
    the enactment of a joint resolution.

    [[Page 1141]]

      (4)(A) The succeeding subparagraphs of this paragraph are enacted by
    the Congress as an exercise of the rulemaking power of the Senate and
    the House of Representatives, respectively, and as such they shall be
    deemed a part of the rules of each House, respectively, but applicable
    only with respect to the procedure to be followed in that House in the
    case of joint resolutions (as defined in subparagraph (B)). Such
    subparagraphs shall supersede other rules only to the extent that they
    are inconsistent therewith. They are enacted with full recognition of
    the constitutional right of either House to change the rules (so far as
    relating to the procedure of that House) at any time, in the same
    manner, and to the same extent as in the case of any rule of that
    House.

      (B) For purposes of this subsection, ``joint resolution'' means only a
    joint resolution, the matter after the resolving clause of which is as
    follows: ``The proposed schedule described in ___ transmitted to the
    Congress by the Pension Benefit Guaranty Corporation on ___ is hereby
    approved.'', the first blank space therein being filled with ``section
    4022A(f)(2)(A)(ii) of the Employee Retirement Income Security Act of
    1974'', ``section 4022A(f)(2)(A)(iii) of the Employee Retirement Income
    Security Act of 1974'', ``section 4022A(f)(3)(A)(i) of the Employee
    Retirement Income Security Act of 1974'', or ``section
    4022A(f)(3)(A)(ii) of the Employee Retirement Income Security Act of
    1974'' (whichever is applicable), and the second blank space therein
    being filled with the date on which the corporation's message proposing
    the revision was submitted.

      (C) The procedure for disposition of a joint resolution shall be the
    procedure described in section 4006(b)(4) through (7) [29 U.S.C.
    1306(b)(4)-(7)]. * * *

      (g)(4)(A) No revised schedule of premiums under this subsection, after
    the initial schedule, shall go into effect unless--

              (i) the revised schedule is submitted to the Congress, and

              (ii) a joint resolution described in subparagraph (B) is not

            adopted before the close of the 60th legislative day after such

            schedule is submitted to the Congress.

      (B) For purposes of subparagraph (A), a joint resolution described in
    this subparagraph is a joint resolution the matter after the resolving
    clause of which is as follows: ``The revised premium schedule
    transmitted to the Congress by the Pension Benefit Guaranty Corporation
    under section 4022A(g)(4) of the Employee Retirement Income Security Act
    of 1974 on ___ is hereby disapproved.'', the blank space therein being
    filled with the date on which the revised schedule was submitted.

      (C) For purposes of subparagraph (A), the term ``legislative day''
    means any calendar day other than a day on which either House is not in
    session because of a sine die adjournment or an adjournment of more than
    3 days to a day certain.

    [[Page 1142]]

      (D) The procedure for disposition of a joint resolution described in
    subparagraph (B) shall be the procedure described in paragraphs (4)
    through (7) of section 4006(b) [29 U.S.C. 1306(b)(4)-(7)].

                                                               Sec. 1130(10)