[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1198-1201]
[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
is higher than the existing premium schedule for such plans but
[[Page 1199]]
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 1200]]
(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 1201]]
(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)