[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)