§ 1306. Premium rates

(a) Schedules for premium rates and bases for application; establishment, coverage, etc.

(1) The corporation shall prescribe such schedules of premium rates and bases for the application of those rates as may be necessary to provide sufficient revenue to the fund for the corporation to carry out its functions under this subchapter. The premium rates charged by the corporation for any period shall be uniform for all plans, other than multiemployer plans, insured by the corporation with respect to basic benefits guaranteed by it under section 1322 of this title, and shall be uniform for all multiemployer plans with respect to basic benefits guaranteed by it under section 1322a of this title.

(2) The corporation shall maintain separate schedules of premium rates, and bases for the application of those rates, for—

(A) basic benefits guaranteed by it under section 1322 of this title for single-employer plans,

(B) basic benefits guaranteed by it under section 1322a of this title for multiemployer plans,

(C) nonbasic benefits guaranteed by it under section 1322 of this title for single-employer plans,

(D) nonbasic benefits guaranteed by it under section 1322a of this title for multiemployer plans, and

(E) reimbursements of uncollectible withdrawal liability under section 1402 of this title.

The corporation may revise such schedules whenever it determines that revised schedules are necessary. Except as provided in section 1322a(f) of this title, in order to place a revised schedule described in subparagraph (A) or (B) in effect, the corporation shall proceed in accordance with subsection (b)(1) of this section, and such schedule shall apply only to plan years beginning more than 30 days after the date on which a joint resolution approving such revised schedule is enacted.

(3)

(A) Except as provided in subparagraph (C), the annual premium rate payable to the corporation by all plans for basic benefits guaranteed under this subchapter is—

(i) in the case of a single-employer plan, an amount for each individual who is a participant in such plan during the plan year equal to the sum of the additional premium (if any) determined under subparagraph (E) and—

(I) for plan years beginning after December 31, 2005, and before January 1, 2013, $30;

(II) for plan years beginning after December 31, 2012, and before January 1, 2014, $42;

(III) for plan years beginning after December 31, 2013 and before January 1, 2015,,

(iii) with respect to each plan year beginning after December 31, 1985, and before January 1, 1988, an amount equal to $8.50 for each individual who was a participant in such plan during the plan year, and

(iv) with respect to each plan year beginning after December 31, 1987, and before January 1, 1991, an amount equal to $16 for each individual who was a participant in such plan during the plan year, and

(B) in the case of each plan which was a multiemployer plan in a plan year, an amount equal to 50 cents for each individual who was a participant in such plan during the plan year.

(2) The rate applicable under this subsection for the plan year preceding September 1, 1975, is the product of—

(A) the rate described in the preceding sentence; and

(B) a fraction—

(i) the numerator of which is the number of calendar months in the plan year which ends after September 2, 1974, and before the date on which the new plan year commences, and

(ii) the denominator of which is 12.

(Pub. L. 93–406, title IV, § 4006, Sept. 2, 1974, 88 Stat. 1010; Pub. L. 96–364, title I, § 105, Sept. 26, 1980, 94 Stat. 1264; Pub. L. 99–272, title XI, § 11005(a)–(c)(3), Apr. 7, 1986, 100 Stat. 240–242; Pub. L. 100–203, title IX, § 9331(a), (b), (e), Dec. 22, 1987, 101 Stat. 1330–367, 1330–368; Pub. L. 101–239, title VII, § 7881(h), Dec. 19, 1989, 103 Stat. 2442; Pub. L. 101–508, title XII, § 12021(a), (b), Nov. 5, 1990, 104 Stat. 1388–573; Pub. L. 103–465, title VII, § 774(a)(1), (b)(1), (2), Dec. 8, 1994, 108 Stat. 5045, 5046; Pub. L. 107–147, title IV, § 405(c), Mar. 9, 2002, 116 Stat. 43; Pub. L. 108–218, title I, § 101(a)(4), Apr. 10, 2004, 118 Stat. 597; Pub. L. 108–311, title IV, § 403(d), Oct. 4, 2004, 118 Stat. 1187; Pub. L. 109–171, title VIII, § 8101(a)–(c), Feb. 8, 2006, 120 Stat. 180–182; Pub. L. 109–280, title III, § 301(a)(3), title IV, §§ 401(a)(1), (b)(1), (2)(A), 405(a), Aug. 17, 2006, 120 Stat. 919, 922, 928; Pub. L. 110–458, title I, § 104(a), Dec. 23, 2008, 122 Stat. 5104; Pub. L. 112–141, div. D, title II, §§ 40211(b)(3)(C), 40221, 40222, July 6, 2012, 126 Stat. 849–852; Pub. L. 113–67, div. A, title VII, § 703(a)–(d), Dec. 26, 2013, 127 Stat. 1190, 1191.)

References In Text

References in Text

The plan year within which the date of enactment of the Multiemployer Pension Plan Amendments Act of 1980 falls, referred to in subsec. (a)(3)(A)(ii), refers to the plan year within which the date of the enactment of Pub. L. 96–364 falls, such enactment being approved Sept. 26, 1980.

Amendments

Amendments

2013—Subsec. (a)(3)(A)(i)(III). Pub. L. 113–67, § 703(a)(2), inserted “and before January 1, 2015,” after “December 31, 2013”.

Subsec. (a)(3)(A)(i)(IV), (V). Pub. L. 113–67, § 703(a)(1), (3), added subcls. (IV) and (V).

Subsec. (a)(3)(E)(i)(I). Pub. L. 113–67, § 703(d)(1)(A), struck out “and” at end.

Subsec. (a)(3)(E)(i)(II). Pub. L. 113–67, § 703(d)(1)(B), inserted “and before 2016” after “2012” and substituted “and” for period at end.

Subsec. (a)(3)(E)(i)(III). Pub. L. 113–67, § 703(d)(1)(C), added subcl. (III).

Subsec. (a)(3)(F). Pub. L. 113–67, § 703(b)(2), inserted “and before 2013” after “after 2006” in introductory provisions and struck out “This subparagraph shall not apply to plan years beginning in 2013 or 2014.” at end of concluding provisions.

Subsec. (a)(3)(G). Pub. L. 113–67, § 703(b)(1)(B), added subpar. (G). Former subpar. (G) redesignated (H).

Subsec. (a)(3)(H) to (J). Pub. L. 113–67, § 703(b)(1)(A), redesignated subpars. (G) to (I) as (H) to (J), respectively. Former subpar. (J) redesignated (K).

Subsec. (a)(3)(K). Pub. L. 113–67, § 703(d)(2)(A), inserted “and before 2016” after “2013” in introductory provisions.

Pub. L. 113–67, § 703(b)(1)(A), redesignated subpar. (J) as (K).

Subsec. (a)(3)(L). Pub. L. 113–67, § 703(d)(2)(B), added subpar. (L).

Subsec. (a)(8)(A)(iv). Pub. L. 113–67, § 703(c)(2)(A), added cl. (iv).

Subsec. (a)(8)(C)(ii). Pub. L. 113–67, § 703(c)(1)(B), substituted “$10” for “$5”.

Subsec. (a)(8)(C)(iii). Pub. L. 113–67, § 703(c)(1), added cl. (iii).

Subsec. (a)(8)(D)(iv). Pub. L. 113–67, § 703(c)(2)(B), added cl. (iv).

2012—Subsec. (a)(3)(A)(i). Pub. L. 112–141, § 40221(a)(1), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “in the case of a single-employer plan, for plan years beginning after December 31, 2005, an amount equal to the sum of $30 plus the additional premium (if any) determined under subparagraph (E) for each individual who is a participant in such plan during the plan year;”.

Subsec. (a)(3)(A)(iv). Pub. L. 112–141, § 40222(a)(1), inserted “and before January 1, 2013,” after “December 31, 2005,”.

Subsec. (a)(3)(A)(v). Pub. L. 112–141, § 40222(a)(2)–(4), added cl. (v).

Subsec. (a)(3)(E)(i). Pub. L. 112–141, § 40221(b)(3)(A), substituted “for any plan year—” for “for any plan year shall be an amount equal to the amount determined under clause (ii) divided by the number of participants in such plan as of the close of the preceding plan year.” and added subcls. (I) and (II).

Subsec. (a)(3)(E)(ii). Pub. L. 112–141, § 40221(b)(1), substituted “the applicable dollar amount under paragraph (8)” for “$9.00”.

Subsec. (a)(3)(E)(iv). Pub. L. 112–141, § 40211(b)(3)(C), substituted “section 1083(h)(2)(C) of this title (notwithstanding any regulations issued by the corporation, determined by not taking into account any adjustment under clause (iv) thereof)” for “section 1083(h)(2)(C) of this title”.

Subsec. (a)(3)(F). Pub. L. 112–141, § 40221(a)(2)(B), added at end of concluding provisions “This subparagraph shall not apply to plan years beginning in 2013 or 2014.”

Subsec. (a)(3)(F)(i)(II). Pub. L. 112–141, § 40221(a)(2)(A), inserted “(2012 in the case of plan years beginning after calendar year 2014)” after “2004”.

Subsec. (a)(3)(I). Pub. L. 112–141, § 40222(b), added subpar. (I).

Subsec. (a)(3)(J). Pub. L. 112–141, § 40221(b)(3)(B), added subpar. (J).

Subsec. (a)(8). Pub. L. 112–141, § 40221(b)(2), added par. (8).

2008—Subsec. (a)(3)(A)(i). Pub. L. 110–458 substituted “2005” for “1990”.

2006—Subsec. (a)(3)(A)(i). Pub. L. 109–171, § 8101(a)(1)(A), substituted “$30” for “$19”.

Subsec. (a)(3)(A)(iii). Pub. L. 109–171, § 8101(a)(2)(A)(i)(I), inserted “and before January 1, 2006,” after “September 26, 1980,” in introductory provisions.

Subsec. (a)(3)(A)(iv). Pub. L. 109–171, § 8101(a)(2)(A)(i)(II), (ii), added cl. (iv).

Subsec. (a)(3)(B). Pub. L. 109–171, § 8101(c), substituted “clause (iii) or (iv) of subparagraph (A)” for “subparagraph (A)(iii)”.

Subsec. (a)(3)(E)(i). Pub. L. 109–280, § 405(a)(1), substituted “Except as provided in subparagraph (H), the additional” for “The additional”.

Subsec. (a)(3)(E)(iii). Pub. L. 109–280, § 401(a)(1), added cl. (iii) and struck out former cl. (iii), which defined “unfunded vested benefits” for purposes of clause (ii) and set forth provisions relating to the interest rate used in valuing vested benefits, the value of the plan’s assets in the case of any plan year for which the applicable percentage is 100 percent, the applicable percentage in the case of plan years beginning after Dec. 31, 2001, and before Jan. 1, 2004, and the annual yield taken into account in the case of plan years beginning after Dec. 31, 2003, and before Jan. 1, 2008.

Subsec. (a)(3)(E)(iii)(V). Pub. L. 109–280, § 301(a)(3), substituted “2008” for “2006”.

Subsec. (a)(3)(E)(iv). Pub. L. 109–280, § 401(a)(1), added cl. (iv) and struck out former cl. (iv) which read as follows: “No premium shall be determined under this subparagraph for any plan year if, as of the close of the preceding plan year, contributions to the plan for the preceding plan year were not less than the full funding limitation for the preceding plan year under section 412(c)(7) of title 26.”

Subsec. (a)(3)(F). Pub. L. 109–171, § 8101(a)(1)(B), added subpar. (F).

Subsec. (a)(3)(G). Pub. L. 109–171, § 8101(a)(2)(B), added subpar. (G).

Subsec. (a)(3)(H). Pub. L. 109–280, § 405(a)(2), added subpar. (H).

Subsec. (a)(7). Pub. L. 109–171, § 8101(b), added par. (7).

Subsec. (a)(7)(C)(ii). Pub. L. 109–280, § 401(b)(2)(A), substituted “subparagraph (B)” for “subparagraph (B)(i)(I)”.

Subsec. (a)(7)(E). Pub. L. 109–280, § 401(b)(1), struck out heading and text of subpar. (E). Text read as follows: “Subparagraph (A) shall not apply with respect to any plan terminated after December 31, 2010.”

2004–Subsec. (a)(3)(E)(iii)(IV). Pub. L. 108–311, in last sentence, inserted “or this subparagraph” after “this clause” in two places and inserted “(other than sections 1305, 1310, 1311, and 1343 of this title)” after “subsections”.

Subsec. (a)(3)(E)(iii)(V). Pub. L. 108–218 added subcl. (V).

2002—Subsec. (a)(3)(E)(iii)(IV). Pub. L. 107–147 added subcl. (IV).

1994—Subsec. (a)(3)(E)(iii). Pub. L. 103–465, § 774(b)(1), (2), in subcl. (I), inserted “or (III)” after “subclause (II)”, in subcl. (II), substituted “equal to the applicable percentage” for “equal to 80 percent” and inserted at end “For purposes of this subclause, the applicable percentage is 80 percent for plan years beginning before July 1, 1997, 85 percent for plan years beginning after June 30, 1997, and before the 1st plan year to which the first tables prescribed under section 1082(d)(7)(C)(ii)(II) of this title apply, and 100 percent for such 1st plan year and subsequent plan years.”, and added subcl. (III).

Subsec. (a)(3)(E)(iv), (v). Pub. L. 103–465, § 774(a)(1), redesignated cl. (v) as (iv) and struck out former cl. (iv) which read as follows:

“(iv)(I) Except as provided in this clause, the aggregate increase in the premium payable with respect to any participant by reason of this subparagraph shall not exceed $53.

“(II) If an employer made contributions to a plan during 1 or more of the 5 plan years preceding the 1st plan year to which this subparagraph applies in an amount not less than the maximum amount allowable as a deduction with respect to such contributions under section 404 of title 26, the dollar amount in effect under subclause (I) for the 1st 5 plan years to which this subparagraph applies shall be reduced by $3 for each plan year for which such contributions were made in such amount.”

1990—Subsec. (a)(3)(A)(i). Pub. L. 101–508, § 12021(a)(1), substituted “for plan years beginning after December 31, 1990, an amount equal to the sum of $19” for “for plan years beginning after December 31, 1987, an amount equal to the sum of $16”.

Subsec. (a)(3)(E)(ii). Pub. L. 101–508, § 12021(b)(1), substituted “$9.00” for “$6.00”.

Subsec. (a)(3)(E)(iv)(I). Pub. L. 101–508, § 12021(b)(2), substituted “$53” for “$34”.

Subsec. (c)(1)(A)(iv). Pub. L. 101–508, § 12021(a)(2), added cl. (iv).

1989—Subsec. (a)(3)(E)(v). Pub. L. 101–239, § 7881(h)(1), added cl. (v).

Subsec. (c)(1)(A)(iii). Pub. L. 101–239, § 7881(h)(2), realigned margin.

1987—Subsec. (a)(3)(A)(i). Pub. L. 100–203, § 9331(a), substituted “for plan years beginning after December 31, 1987, an amount equal to the sum of $16 plus the additional premium (if any) determined under subparagraph (E)” for “for plan years beginning after December 31, 1985, an amount equal to $8.50”.

Subsec. (a)(3)(E). Pub. L. 100–203, § 9331(b), added subpar. (E).

Subsec. (c)(1)(A). Pub. L. 100–203, § 9331(e), struck out “and” at end of cl. (i), inserted “and before January 1, 1986,” in cl. (ii), and added cl. (iii).

1986—Subsec. (a)(1). Pub. L. 99–272, § 11005(b)(1), struck out provision that in establishing annual premiums with respect to plans, other than multiemployer plans, pars. (5) and (6) of this subsection, as in effect before Sept. 26, 1980, would continue to apply.

Subsec. (a)(2). Pub. L. 99–272, § 11005(c)(1), substituted “a joint resolution approving such revised schedule is enacted” for “the Congress approves such revised schedule by a concurrent resolution”.

Subsec. (a)(3)(A)(i). Pub. L. 99–272, § 11005(a)(1), substituted “December 31, 1985, an amount equal to $8.50” for “December 31, 1977, an amount equal to $2.60”.

Subsec. (a)(4). Pub. L. 99–272, § 11005(c)(2), substituted “the enactment of a joint resolution” for “approval by the Congress”.

Subsec. (a)(6). Pub. L. 99–272, § 11005(b)(2), added par. (6).

Subsec. (b)(3). Pub. L. 99–272, § 11005(c)(3), substituted “joint” for “concurrent” and “The” for “That the Congress favors the” and inserted “is hereby approved”.

Subsec. (c)(1)(A). Pub. L. 99–272, § 11005(a)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “in the case of each plan which was not a multiemployer plan in a plan year, an amount equal to $1 for each individual who was a participant in such plan during the plan year, and”.

1980—Subsec. (a). Pub. L. 96–364, § 105(a), substituted provisions setting forth authority of corporation to prescribe schedules of premium rates and bases for the application of such rates and provisions respecting contents, coverages, alternate schedules, etc., of schedules and application bases, for provisions setting forth authority of corporation to prescribe insurance premium rates and coverage schedules for the application of such rates and provisions respecting contents, coverages, rates, etc., of schedules and premium rates.

Subsec. (b). Pub. L. 96–364, § 105(b), in par. (1) substituted “(C), (D), or (E)” for “(B) or (C)”, “revised schedule” for “revised coverage schedule”, and “Human Resources” for “Public Welfare”, in par. (3) substituted “revised schedule” for “revised coverage schedule”, and in par. (4) substituted “Human Resources” for “Public Welfare”.

Subsec. (c). Pub. L. 96–364, § 105(c), added subsec. (c).

Change Of Name

Change of Name

Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

Effective Date Of Amendment

Effective Date of 2013 Amendment

Pub. L. 113–67, div. A, title VII, § 703(e), Dec. 26, 2013, 127 Stat. 1192, provided that: “The amendments made by this section [amending this section] shall apply to plan years beginning after December 31, 2013.”

Effective Date of 2012 Amendment

Amendment by section 40211(b)(3)(C) of Pub. L. 112–141 applicable with respect to plan years beginning after Dec. 31, 2011, except as otherwise provided, see section 40211(c) of Pub. L. 112–141, set out as a note under section 404 of Title 26, Internal Revenue Code.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–458 effective as if included in the provisions of Pub. L. 109–280 to which the amendment relates, except as otherwise provided, see section 112 of Pub. L. 110–458, set out as a note under section 72 of Title 26, Internal Revenue Code.

Effective Date of 2006 Amendment

Pub. L. 109–280, title IV, § 401(a)(2), Aug. 17, 2006, 120 Stat. 922, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to plan years beginning after 2007.”

Pub. L. 109–280, title IV, § 401(b)(2)(B), Aug. 17, 2006, 120 Stat. 922, provided that: “The amendment made by this paragraph [amending this section] shall take effect as if included in the provision of the Deficit Reduction Act of 2005 [Pub. L. 109–171] to which it relates.”

Pub. L. 109–280, title IV, § 405(b), Aug. 17, 2006, 120 Stat. 929, provided that: “The amendment made by this section [amending this section] shall apply to plan years beginning after December 31, 2006.”

Pub. L. 109–171, title VIII, § 8101(d), Feb. 8, 2006, 120 Stat. 182, provided that:

“(1)In general.—Except as otherwise provided in this subsection, the amendments made by this section [amending this section] shall apply to plan years beginning after December 31, 2005.

“(2) Premium rate for certain terminated single-employer plans.—

“(A)In general.—Except as provided in subparagraph (B), the amendment made by subsection (b) [amending this section] shall apply to plans terminated after December 31, 2005.

“(B)Special rule for plans terminated in bankruptcy.—The amendment made by subsection (b) shall not apply to a termination of a single-employer plan that is terminated during the pendency of any bankruptcy reorganization proceeding under chapter 11 of title 11, United States Code (or under any similar law of a State or political subdivision of a State), if the proceeding is pursuant to a bankruptcy filing occurring before October 18, 2005.”

Effective Date of 2004 Amendments

Amendment by Pub. L. 108–311 effective as if included in the provisions of the Job Creation and Worker Assistance Act of 2002, Pub. L. 107–147, to which such amendment relates, see section 403(f) of Pub. L. 108–311, set out as a note under section 56 of Title 26, Internal Revenue Code.

Amendment by Pub. L. 108–218 applicable, except as otherwise provided, to plan years beginning after Dec. 31, 2003, see section 101(d) of Pub. L. 108–218, set out as a note under section 404 of Title 26, Internal Revenue Code.

Effective Date of 1994 Amendment

Pub. L. 103–465, title VII, § 774(a)(2), Dec. 8, 1994, 108 Stat. 5045, provided that:

“(A)In general.—The amendments made by this subsection [amending this section] shall be effective for plan years beginning on or after July 1, 1994.

“(B)Transition rule.—In the case of plan years beginning on or after July 1, 1994, and before July 1, 1996, the additional premium payable with respect to any participant by reason of the amendments made by this section shall not exceed the sum of—

“(i) $53, and

“(ii) the product derived by multiplying—

“(I) the excess (if any) of the amount determined under clause (i) of section 4006(a)(3)(E) of the Employee Retirement Income Security Act of 1974 [subsec. (a)(3)(E) of this section], over $53, by

“(II) the applicable percentage.

For purposes of this subparagraph, the applicable percentage shall be the percentage specified in the following table:

For the plan year beginning:		The applicable percentage is:
on or after	but before
July 1, 1994	July 1, 1995	20 percent
July 1, 1995	July 1, 1996	60 percent.”

Pub. L. 103–465, title VII, § 774(b)(3), Dec. 8, 1994, 108 Stat. 5046, provided that: “The amendments made by this subsection [amending this section] shall apply to plan years beginning after the date of the enactment of this Act [Dec. 8, 1994].

Effective Date of 1990 Amendment

Pub. L. 101–508, title XII, § 12021(c), Nov. 5, 1990, 104 Stat. 1388–573, provided that: “The amendments made by this section [amending this section] shall apply to plan years beginning after December 31, 1990.”

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Pension Protection Act, Pub. L. 100–203, §§ 9302–9346, to which such amendment relates, see section 7882 of Pub. L. 101–239, set out as a note under section 401 of Title 26, Internal Revenue Code.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 applicable to plan years beginning after Dec. 31, 1987, see section 9331(f)(1) of Pub. L. 100–203, set out as a note under section 1305 of this title.

Effective Date of 1986 Amendment

Pub. L. 99–272, title XI, § 11005(d), Apr. 7, 1986, 100 Stat. 242, provided that:

“(1)General rule.—Except as provided in paragraph (2), the amendments made by this section [amending this section and section 1322a of this title] shall be effective for plan years commencing after December 31, 1985.

“(2)Special rule.—The amendments made by subsection (b) [amending this section] shall be effective as of the date of the enactment of the Multiemployer Pension Plan Amendments Act of 1980 [Sept. 26, 1980].”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–364 effective Sept. 26, 1980, except as specifically provided, see section 1461(e) of this title.

Miscellaneous

Modification of Transition Rule to Pension Funding Requirements

For modification of transition rule to pension funding requirements in the case of a plan that was not required to pay a variable rate premium for the plan year beginning in 1996, has not, in any plan year beginning after 1995, merged with another plan (other than a plan sponsored by an employer that was in 1996 within the controlled group of the plan sponsor), and is sponsored by a company that is engaged primarily in the interurban or interstate passenger bus service, see section 115(a)–(c) of Pub. L. 109–280, set out as a note under section 430 of Title 26, Internal Revenue Code.

Applicability of This Section to Certain Plans Maintained by Commercial Airlines

For special rules on applicability of this section to certain plans maintained by commercial airlines, see section 402 of Pub. L. 109–280, set out as a note under section 430 of Title 26, Internal Revenue Code.

Transitional Rule

Pub. L. 103–465, title VII, § 774(c), Dec. 8, 1994, 108 Stat. 5046, provided that: “In the case of a regulated public utility described in section 7701(a)(33)(A)(i) of the Internal Revenue Code of 1986 [26 U.S.C. 7701(a)(33)(A)(i)], the amendments made by this section [amending this section] shall not apply to plan years beginning before the earlier of—

“(1)January 1, 1998, or

“(2) the date the regulated public utility begins to collect from utility customers rates that reflect the costs incurred or projected to be incurred for additional premiums under section 4006(a)(3)(E) of the Employee Retirement Income Security Act of 1974 [subsec. (a)(3)(E) of this section] pursuant to final and nonappealable determinations by all public utility commissions (or other authorities having jurisdiction over the rates and terms of service by the regulated public utility) that the costs are just and reasonable and recoverable from customers of the regulated public utility.”

Pub. L. 99–272, title XI, § 11005(e), Apr. 7, 1986, 100 Stat. 243, provided that:

“(1)Notice of premium increase.—Not later than 30 days after the date of the enactment of this Act [Apr. 7, 1986], the Pension Benefit Guaranty Corporation shall send a notice to the plan administrator of each single-employer plan affected by the premium increase established by the amendment made by subsection (a)(1) [amending this section]. Such notice shall describe such increase and the requirements of this subsection.

“(2)Due date for unpaid premiums.—With respect to any plan year beginning during the period beginning on January 1, 1986, and ending 30 days after the date of the enactment of this Act, any unpaid amount of such premium increase shall be due and payable no later than the earlier of 60 days after the date of the enactment of this Act or 30 days after the date on which the notice required by paragraph (1) is sent, except that in no event shall the amount of the premium increase established under the amendment made by subsection (a)(1) be due and payable for a plan year earlier than the date on which premiums for the plan would have been due for such plan year had this Act [probably means the Single-Employee Pension Plan Amendments Act of 1986, title XI of Pub. L. 99–272, see Short Title of 1986 Amendment note set out under section 1001 of this title] not been enacted.

“(3)Enforcement.—For purposes of enforcement, the requirements of paragraphs (1) and (2) shall be considered to be requirements of sections 4006 and 4007 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306 and 1307).”

Single-Employer Pension Plan Termination Insurance Premium Study

Pub. L. 99–272, title XI, § 11017(a), Apr. 7, 1986, 100 Stat. 276, directed Pension Benefit Guaranty Corporation to conduct a study of, and submit to an advisory council not later than one year after Apr. 7, 1986, a report on the premiums established under the single-employer pension plan termination insurance program under this subchapter, including (1) the long-term stability of the program, (2) alternatives with respect to proposals for changes in the premium levels under such program, (3) methods currently used in projecting future costs, (4) alternative methods of projecting such future costs, (5) methods currently used in determining premiums needed to allocate and adequately fund such future costs, along with any alternative methods of making such premium determinations, and (6) alternative premium bases upon which some or all of such projected future costs would be allocated on an exposure-related or risk-related computation; and further provided for submission of the advisory council’s report to Congress 180 days after submission of the Corporation’s report to the advisory council, as well as the cooperation and consultation with other Federal agencies in compilation of reports.

Studies and Reports Respecting Graduated Premium Rate Schedules and Union Mandated Withdrawals From Multiemployer Pension Plans

Pub. L. 96–364, title IV, § 412(a), Sept. 26, 1980, 94 Stat. 1309, directed Pension Benefit Guaranty Corporation to conduct a separate study with respect to advantages and disadvantages of establishing a graduated premium rate schedule under this section which is based on risk, and necessity of adopting special rules in cases of union-mandated withdrawal from multiemployer pension plans, and to report to Congress the results of the studies conducted, including its recommendations with respect thereto.