[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 423-427]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 423]]
TITLE 29--LABOR
Chapter 18--EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM
379 Sec. 1306. Premium rates
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(b) Revised schedule; Congressional procedures applicable
(1) In order to place a revised schedule (other than a
schedule described in subsection (a)(2)(C), (D), or (E)) in
effect, the corporation shall transmit the proposed
schedule, its proposed effective date, and the reasons for
its proposal 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) The succeeding paragraphs of this subsection are
enacted by 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 resolutions described in paragraph (3). They 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.
(3) For the purpose of the succeeding paragraphs of this
subsection, ``resolution'' means only a joint resolution,
the matter after the resolving clause of which is as
follows: ``The proposed revised schedule transmitted to
Congress by the Pension Benefit Guaranty Corporation on_____
is hereby approved.'', the blank space therein being filled
with the date on which the corporation's message proposing
the rate was delivered.
(4) A resolution shall be referred 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.
(5) If a committee to which has been referred a
resolution has not reported it before the expiration of 10
calendar days after its introduction, it shall then (but not
before) be in order to move to discharge the committee from
further consideration of that resolution, or to discharge
the committee from further consideration of any other
resolution with respect to the proposed adjustment which has
been referred to the committee. The motion to discharge may
be made only by a person favoring the resolution, shall be
highly privileged (except that it may not be made after the
committee has reported a resolution with respect to the same
proposed rate), and debate thereon shall be limited to not
more than 1 hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to
the motion is
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not in order, and it is not in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
If the motion to discharge is agreed to or disagreed to, the
motion may not be renewed, nor may another motion to
discharge the committee be made with respect to any other
resolution with respect to the same proposed rate.
(6) When a committee has reported, or has been
discharged from further consideration of a resolution, it is
at any time thereafter in order (even though a previous
motion to the same effect has been disagreed to) to move to
proceed to the consideration of the resolution. The motion
is highly privileged and is not debatable. An amendment to
the motion is not in order, and it is not in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to. Debate on the resolution shall be limited to
not more than 10 hours, which shall be divided equally
between those favoring and those opposing the resolution. A
motion further to limit debate is not debatable. An
amendment to, or motion to recommit, the resolution is not
in order, and it is not in order to move to reconsider the
vote by which the resolution is agreed to or disagreed to.
(7) Motions to postpone, made with respect to the
discharge from committee, or the consideration of, a
resolution and motions to proceed to the consideration of
other business shall be decided without debate. Appeals from
the decisions of the Chair relating to the application of
the rules of the Senate or the House of Representatives, as
the case may be, to the procedure relating to a resolution
shall be decided without debate. (Pub. L. 93-406, Title IV,
Sec. 4006, Sept. 2, 1974, 88 Stat. 1010; Pub. L. 96-364,
Title I, Sec. 105, Sept. 26, 1980, 94 Stat. 1264; Pub. L.
99-272, Title XI, Sec. 11005(a)-(c)(3), Apr. 7, 1986, 100
Stat. 240-242; Pub. L. 100-203, Title IX, Sec. 9331(a), (b),
(e), Dec. 22, 1987, 101 Stat. 1330-367, 1330-368; Pub. L.
101-239, Title VII, Sec. 7881(h), Dec. 19, 1989, 103 Stat.
2442; Pub. L. 101-508, Title XII, Sec. 12021(a), (b), Nov.
5, 1990, 104 Stat. 1388-573; Pub. L. 103-465, Title VII,
Sec. 774(a)(1), (b)(1), (2), Dec. 8, 1994, 108 Stat. 5045 ,
5046; Pub. L. 107-147, Title IV, Sec. 405(c), Mar. 9, 2002,
116 Stat. 43; Pub. L. 108-218, Title I, Sec. 101(a)(4), Apr.
10, 2004, 118 Stat. 597; Pub. L. 108-311, Title IV,
Sec. 403(d), Oct. 4, 2004, 118 Stat. 1187; Pub. L. 109-171,
Title VIII, Sec. 8101(a)-(c), Feb. 8, 2006, 120 Stat. 180-
182; Pub. L. 109-280, Title III, Sec. 301(a)(3), Title IV,
Sec. Sec. 401(a)(1), (b)(1), (2)(A), 405(a), Aug. 17, 2006,
120 Stat. 919, 922, 928; Pub. L. 110-458, Title I,
Sec. 104(a), Dec. 23, 2008, 122 Stat. 5104; Pub. L. 112-141,
div. D, Title II, Sec. Sec. 40211(b)(3)(C), 40221, 40222,
July 6, 2012, 126 Stat. 849-852; Pub. L. 113-67, div. A,
Title VII, Sec. 703(a)-(d), Dec. 26, 2013, 127 Stat. 1190,
1191; Pub. L. 113-235, div. O, Title I, Sec. 131(a), Dec.
16, 2014, 128 Stat. 2796; Pub. L. 114-74, Title V,
Sec. 501(a)-(b)(2), Nov. 2, 2015, 129 Stat. 591, 592; Pub.
L. 116-94, div. O, Title II, Sec. 206, Dec. 20, 2019, 133
Stat. 3174.)
* * * * * * *
380 Sec. 1322a. Multiemployer plan benefits guaranteed
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(f) Study, report, etc., respecting premium increase in
existing basic-benefit guarantee levels; Congressional
procedures applicable for revision of schedules
(1) No later than 5 years after September 26, 1980, and
at least every fifth year thereafter, the corporation
shall--
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(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 subchapter; 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
1306(b) of this title,
(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
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 subchapter, 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.
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(B) The revised schedules referred to in subparagraph
(A)(i) or subparagraph (A)(ii) shall go into effect as
approved by the enactment of a joint resolution.
(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 1306(b)(4)
through (7) of this title.
(g) Guarantee of payment of other classes of benefits and
establishment of terms and conditions of guarantee;
promulgation of regulations for establishment of
supplemental program to guarantee benefits otherwise
ineligible; status of benefits; applicability of revised
schedule of premiums
(1) The corporation may guarantee the payment of such
other classes of benefits under multiemployer plans, and
establish the terms and conditions under which those other
classes of benefits are guaranteed, as it determines to be
appropriate.
(2)(A) The corporation shall prescribe regulations to
establish a supplemental program to guarantee benefits under
multiemployer plans which would be guaranteed under this
section but for the limitations in subsection (c). Such
regulations shall be proposed by the corporation no later
than the end of the 18th calendar month following September
26, 1980. The regulations shall make coverage under the
supplemental program available no later than January 1,
1983. Any election to participate in the supplemental
program shall be on a voluntary basis, and a plan electing
such coverage shall continue to pay the premiums required
under section 1306(a)(2)(B) of this title to the revolving
fund used pursuant to section 1305 of this title in
connection with benefits otherwise guaranteed under this
section. Any such election shall be irrevocable, except to
the extent otherwise provided by regulations prescribed by
the corporation.
(B) The regulations prescribed under this paragraph
shall provide--
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(i) that a plan must elect coverage under
the supplemental program within the time
permitted by the regulations;
(ii) unless the corporation determines
otherwise, that a plan may not elect
supplemental coverage unless the value of the
assets of the plan as of the end of the plan
year preceding the plan year in which the
election must be made is an amount equal to 15
times the total amount of the benefit payments
made under the plan for that year; and
(iii) such other reasonable terms and
conditions for supplemental coverage, including
funding standards and any other reasonable
limitations with respect to plans or benefits
covered or to means of program financing, as the
corporation determines are necessary and
appropriate for a feasible supplemental program
consistent with the purposes of this subchapter.
(3) Any benefits guaranteed under this subsection shall
be considered nonbasic benefits for purposes of this
subchapter.
(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 enacted 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.
(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 1306(b)
of this title.
(5) Regulations prescribed by the corporation to carry
out the provisions of this subsection, may, to the extent
provided therein, supersede the requirements of sections
1426, 1431, and 1441 of this title, and the requirements of
section 418E of title 26, but only with respect to benefits
guaranteed under this subsection. (Pub. L. 93-406, Title IV,
Sec. 4022A, as added Pub. L. 96-364, Title I, Sec. 102,
Sept. 26, 1980, 94 Stat. 1210; amended Pub. L. 99-272, Title
XI, Sec. 11005(c)(4)-(12), Apr. 7, 1986, 100 Stat. 242; Pub.
L. 101-239, Title VII, Sec. Sec. 7891(a)(1), 7893(b),
7894(g)(3)(C)(i), Dec. 19, 1989, 103 Stat. 2445, 2447, 2451;
Pub. L. 106-554, Sec. 1(a)(6) [Title IX, Sec. 951(a)], Dec.
21, 2000, 114 Stat. 2763, 2763A-586; Pub. L. 113-235, div.
O, Title I, Sec. 110(a), Dec. 16, 2014, 128 Stat. 2792.)
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31 u.s.c.--money and finance
united states senate procedures enacted in law