[Federal Register: March 24, 2008 (Volume 73, Number 57)]
[Proposed Rules]
[Page 15459-15468]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr08-15]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 15459]]
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 327
RIN 3064-AD27
Assessment Dividends
AGENCY: Federal Deposit Insurance Corporation (``FDIC'').
ACTION: Notice of proposed rulemaking.
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SUMMARY: The FDIC is proposing regulations to implement the assessment
dividend requirements in the Federal Deposit Insurance Reform Act of
2005 (``Reform Act'') and the Federal Deposit Insurance Reform
Conforming Amendments Act of 2005 (``Amendments Act''). The proposed
rule is the follow-up to the advanced notice of proposed rulemaking on
assessment dividends the FDIC issued in September 2007 and the
temporary final rule on assessment dividends the FDIC issued in October
2006. The temporary final rule sunsets on December 31, 2008.
DATES: Comments must be received on or before May 23, 2008.
ADDRESSES: You may submit comments by any of the following methods:
Agency Web Site: http://www.fdic.gov/regulations/laws/
federal. Follow instructions for submitting comments on the Agency Web
Site.
E-mail: Comments@FDIC.gov. Please include ``Assessment
Dividends'' in the subject line of the message.
Mail: Robert E. Feldman, Executive Secretary, Attention:
Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.
Hand Delivery/Courier: Guard station at the rear of the
550 17th Street Building (located on F Street) on business days between
7 a.m. and 5 p.m. (EST).
Federal eRulemaking Portal: http://www.regulations.gov.
Please follow the instructions for submitting comments.
Public Inspection: All comments received will be posted without
change to http://www.fdic.gov/regulations/laws/federal including any
personal information provided. Comments may be inspected and
photocopied in the FDIC Public Information Center, 3501 North Fairfax
Drive, Room E-1002, Arlington, VA 22226, between 9 a.m. and 5 p.m.
(EST) on business days. Paper copies of public comments may be ordered
from the Public Information Center by telephone at (877) 275-3342 or
(703) 562-2200.
FOR FURTHER INFORMATION CONTACT: Munsell W. St. Clair, Chief, Banking
and Regulatory Policy Section, Division of Insurance and Research,
(202) 898-8967; Missy Craig, Program Analyst, Division of Insurance and
Research, (202) 898-8724; Donna Saulnier, Division of Finance, Team
Leader, Assessment Management, (703) 562-6167; or Joseph A. DiNuzzo,
Counsel, Legal Division, (202) 898-7349.
SUPPLEMENTARY INFORMATION:
I. Background
A. Reform Act Requirements
Section 7(e)(2) of the Federal Deposit Insurance Act (``FDI Act''),
as amended by the Reform Act, requires the FDIC, under most
circumstances, to declare dividends from the Deposit Insurance Fund
(``DIF'') when the DIF reserve ratio (``Reserve Ratio'') at the end of
a calendar year equals or exceeds 1.35 percent. When the Reserve Ratio
equals or exceeds 1.35 percent, and is not higher than 1.50 percent,
the FDIC generally must declare one-half of the amount in the DIF in
excess of the amount required to maintain the Reserve Ratio at 1.35
percent as dividends to be paid to insured depository institutions. The
FDIC Board of Directors (``Board'') may suspend or limit dividends to
be paid, however, if it determines in writing, after taking a number of
statutory factors into account, that: \1\
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\1\ The statutory factors that the Board must consider are:
1. National and regional conditions and their impact on insured
depository institutions;
2. Potential problems affecting insured depository institutions
or a specific group or type of depository institution;
3. The degree to which the contingent liability of the
Corporation for anticipated failures of insured institutions
adequately addresses concerns over funding levels in the Deposit
Insurance Fund; and
4. Any other factors that the Board determines are appropriate.
12 U.S.C. 1817(e)(2)(F).
1. The DIF faces a significant risk of losses over the next
year; and
2. It is likely that such losses will be sufficiently high as to
justify a finding by the Board that the Reserve Ratio should
temporarily be allowed to grow without requiring dividends when the
Reserve Ratio is between 1.35 and 1.50 percent or to exceed 1.50
percent.\2\
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\2\ This provision would allow the FDIC's Board to suspend or
limit dividends in circumstances where the Reserve Ratio has
exceeded 1.5 percent, if the Board made a determination to continue
a suspension or limitation that it had imposed initially when the
reserve ratio was between 1.35 and 1.5 percent.
When the Reserve Ratio exceeds 1.50 percent at the end of a
calendar quarter, the FDI Act requires the FDIC, absent certain limited
circumstances (discussed in footnote 2), to declare a dividend equal to
the excess of the amount required to maintain the Reserve Ratio at 1.50
percent as dividends to be paid to insured depository institutions.
If the Board decides to suspend or limit dividends, it must submit,
within 270 days of making the determination, a report to the Committee
on Banking, Housing, and Urban Affairs of the Senate and to the
Committee on Financial Services of the House of Representatives. The
report must include a detailed explanation for the determination and a
discussion of the factors required to be considered.\3\
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\3\ See section 5 of the Amendments Act. Public Law 109-173, 119
Stat. 3601, which was signed into law by the President on February
15, 2006.
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The FDI Act directs the FDIC to consider each insured depository
institution's relative contribution to the DIF (or any predecessor
deposit insurance fund) when calculating such institution's share of
any dividend. More specifically, when allocating dividends, the Board
must consider:
1. The ratio of the assessment base of an insured depository
institution (including any predecessor) on December 31, 1996, to the
assessment base of all eligible insured depository institutions on that
date;
2. The total amount of assessments paid on or after January 1,
1997, by an insured depository institution (including any predecessor)
to the DIF (and any predecessor fund); \4\
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\4\ This factor is limited to deposit insurance assessments paid
to the DIF (or previously to the Bank Insurance Fund (``BIF'') or
the Savings Association Insurance Fund (``SAIF'')) and does not
include assessments paid to the Financing Corporation (``FICO'')
used to pay interest on outstanding FICO bonds, although the FDIC
collects those assessments on behalf of FICO. Beginning in 1997, the
FDIC collected separate FICO assessments from both SAIF and BIF
members.
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[[Page 15460]]
3. That portion of assessments paid by an insured depository
institution (including any predecessor) that reflects higher levels of
risk assumed by the institution; and
4. Such other factors as the Board deems appropriate.
The Reform Act expressly requires the FDIC to prescribe by
regulation the method for calculating, declaring and paying dividends.
The dividend regulation must include provisions allowing an insured
depository institution a reasonable opportunity to challenge
administratively the amount of dividends it is awarded. Under the
Reform Act, any review by the FDIC pursuant to these administrative
procedures is final and not subject to judicial review.
B. The Temporary Final Rule on Assessment Dividends
In compliance with the Reform Act requirement to issue regulations
on assessment dividends within 270 days of the statute's enactment, in
October 2006, the FDIC issued a temporary final rule to implement the
dividend requirements of the Reform Act (``Temporary Final Rule''). 71
FR 61385 (October 18, 2006).\5\
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\5\ Prior to issuing the temporary final rule, the FDIC
published and received comment on a proposed temporary final rule.
71 FR 28804.
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The Temporary Final Rule, which will expire on December 31, 2008,
mirrors the dividend provisions of the Reform Act, provides definitions
(including the definition of a ``predecessor'' depository institution)
to implement the statute and details how an institution may request
that the FDIC's Division of Finance (``DOF'') review an FDIC
determination of the institution's dividend amount and how an
institution may appeal the DOF's response to that request. In the
Temporary Final Rule, the FDIC adopted a simple system for allocating
any dividends that might be declared during the two-year duration of
the regulation. Any dividends awarded before January 1, 2009, will be
distributed simply in proportion to an institution's 1996 assessment
base ratio, as determined pursuant to the one-time assessment credit
rule. 12 CFR 327.53.
In publishing the Temporary Final Rule, the FDIC stated its
intention to initiate a second, more comprehensive notice-and-comment
rulemaking on dividends beginning with an advanced notice of proposed
rulemaking to explore alternative methods for distributing future
dividends after the temporary dividend rules expired on December 31,
2008. The publication of the assessment dividend advance notice of
proposed rulemaking in September 2007 (``ANPR'') commenced that
process. 72 FR 53181 (September 18, 2007).
C. The Advanced Notice of Proposed Rulemaking
In the ANPR the FDIC presented two general approaches to allocating
dividends--the fund balance method and the payments method.\6\
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\6\ The sole focus of the ANPR was on the type of assessment
dividend allocation method the FDIC should adopt. The ANPR indicated
that whether and how the FDIC should retain or revise the other
aspects of the Temporary Final Rule would be addressed in this
proposed rule.
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The Fund Balance Method
Under the fund balance method, every quarter, each institution
would be assigned a dollar portion of the fund balance (its fund
allocation), solely for purposes of determining the institution's
dividend share. Each institution's most recent fund allocation (as a
percentage of the fund balance) would determine its share of any
dividend. The fund allocation would increase or decrease each quarter
depending upon fund performance and assessments paid by each
institution. Specifically:
Initially, the December 31, 2006 fund balance would be
divided up among institutions in proportion to 1996 assessment bases.
Thus, initially, each institution's fund allocation would equal its
1996 ratio times the December 31, 2006 fund balance.
Thereafter, from quarter to quarter, fund allocations
would grow or shrink depending upon the performance of the fund.
In addition, each ``eligible'' premium would increase an
institution's fund allocation, dollar for dollar. An ``eligible''
premium would be the portion of an institution's premium that would
count toward increasing its share of dividends.
Possible definitions for an eligible premium include: (1)
All premiums charged; (2) premiums charged up to the lowest rate
charged a Risk Category I institution; or (3) something in between, for
example, premiums charged up to the maximum rate for a Risk Category I
institution, in all cases minus any credit use.\7\ Ineligible premiums
would be those paid through the use of credits or those paid in cash at
rates in excess of the eligible premium rate.
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\7\ However, an eligible premium would never be negative.
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The Payments Method
Under the payments method an institution's share of any dividend
would depend upon its (and its predecessors') 1996 assessment base,
weighted in some manner, and its quarterly assessments. Specifically:
At the start of the new assessments system, each
institution's dividend share would depend upon its 1996 assessment base
compared to all other institutions, weighted in some manner.
The resulting value assigned to each institution based on
its 1996 ratio could either remain unchanged or be assigned a declining
weight over time.
The possible definitions of an eligible (and an
ineligible) premium are the same as those under the fund balance
method. (However, under certain variations of this method discussed
below, assessments offset through credit use could increase an
institution's dividend share.)
Cumulative eligible premiums paid into the fund since 1996
would add to an institution's share.
Alternatively, the FDIC could count only eligible premiums
paid over some recent period, for example, the most recent 3, 5, 10 or
15 years. In contrast, the fund balance method would necessarily take
into account all assessment payments made under the new assessment
system.
Another variation would allow the FDIC to subtract
dividends paid to an institution from its eligible premiums.
The ANPR presented two illustrative variations of the payments
method. Under Variation 1, the Board could, as under the fund balance
method, initially divide the 2006 fund balance based on each
institution's share of the December 1996 assessment base. Eligible
premiums after 1996 would be added to that amount. Under Variation 2,
only premiums paid over some prior period (such as the previous 15
years) would be considered. When the prior period covered any year
before 2007, the years 1997 through 2006 would be skipped, since the
great majority of institutions paid no deposit insurance premiums then.
Thus, for example, to determine dividend shares at the end of 2009, the
method would consider premiums paid from 1985 through 1996 and from
2007 through 2009. Premiums paid during 2007, 2008 and 2009 would
include only eligible premiums. However, because the weight accorded
the 1996 ratio would effectively decline to zero over time, eligible
premiums after 2006 would include eligible premiums offset with
credits. An eligible premium paid
[[Page 15461]]
in 1996 or any earlier year would be calculated as an institution's
share of the 1996 assessment base times total deposit insurance fund
assessment income in that year.\8\
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\8\ For years prior to 1990, deposit insurance fund assessment
income used to produce Chart 5 and Table 5 includes such income for
both the FDIC and the Federal Savings and Loan Insurance
Corporation.
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The ANPR provided additional details and variations on the
alternate allocation methods, addressing issues including: risk
reduction incentives, the treatment of older versus newer institutions,
simplicity, relative dividend shares, the treatment of institutions
chartered in the future and remaining decision-making for the Board.
The ANPR also included charts and tables on the alternate allocation
methods as well as formulas for determining dividends under different
scenarios.
II. Comments on the ANPR
We received five comment letters on the ANPR: two from banking
trade associations; one from a trade association representing large
financial services companies; one from a coalition of four insured
depository institutions; and one from a single depository institution
that also was a member of the coalition. As the single institution's
comments and recommendations were virtually identical to the
coalition's, its response is not included separately in the following
summary.
The two banking trade associations recommended that conservative
fund management ensure that the fund be kept below the 1.35 percent
statutory level that would trigger dividends. Both argued that low and
steady premiums would limit the effect on both the old and new segments
of the industry and not unfairly favor one set of institutions over the
other. The financial services trade association concurred with the bank
trade associations on the importance of keeping the fund balance below
the level that would trigger dividends.
The two banking trade associations took no position on either of
the two proposed dividend allocation methods, the fund balance method
or the payments method. The depository institution coalition
recommended adopting a modified form of the ANPR's Variation 2 of the
payments method: instead of a 15-year look-back period that would
exclude the years 1997-2006, it recommended a shortened look-back
period of 5 years, without skipping the years 1997-2006. Unlike the
ANPR's Variation 2, it did not explicitly describe how, if at all, the
1996 assessment base would be considered in determining an
institution's dividends. The financial services trade association
recommended that, if the FDIC is not able to maintain the fund below
1.35 percent, it adopt the payments method, structured as simply as
possible. Specifically, it supported a 3-5 year look-back period for
premiums, with no weight given to the 1996 assessment base.
The three trade associations recommended that eligible premiums be
defined as premiums charged up to the maximum rate for a Risk Category
I institution. The coalition did not explicitly discuss this aspect of
the ANPR.\9\ The financial services association and the coalition
recommended that premiums offset with credits be excluded from eligible
premiums. One banking trade association argued that, if the fund
balance method were adopted, premiums offset by credits should be
excluded.
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\9\ The coalition did, however, argue against skipping the 1997-
2006 period in determining the look-back period. During these years,
however, only institutions that were not in what is now called Risk
Category I would have paid premiums.
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Respondents generally were interested in simplicity and
transparency. One trade association cautioned that any method adopted
should be simple, transparent, and not require constant FDIC
intervention and decision-making.
III. Explanation of the Proposed Rule
A. Overview
As part of the proposed rule, the FDIC, in accordance with
requirements in the Reform Act, must establish the process for the
Board's annual determination of whether a declaration of a dividend is
required and whether circumstances indicate that a dividend should be
limited or suspended. In addition, the FDIC must establish procedures
for calculating the aggregate amount of any dividend, allocating that
aggregate amount among insured depository institutions and paying
dividends to individual insured depository institutions. The
regulations also must allow an insured depository institution a
reasonable opportunity to challenge the amount of its dividend.
B. Annual Determination of Whether Dividends Are Required/Declaration
of Dividends
The provisions in the proposed rule for the annual determination of
whether dividends are required and the declaration of dividends are
unchanged, with one minor exception, from the provisions in the
Temporary Final Rule.
Under the proposed rule, the FDIC would determine annually whether
the Reserve Ratio at the end of the prior year equals or exceeds 1.35
percent of estimated insured deposits or exceeds 1.50 percent, thereby
triggering a dividend requirement. At the same time, if a dividend is
triggered, the FDIC would determine whether it should limit or suspend
the payment of dividends based on the statutory factors. Any
determination to limit or suspend dividends would be reviewed annually
and would have to be justified to renew or make a new determination to
limit or suspend dividends. Each decision to limit or suspend dividends
must be reported to Congress. As proposed, any declaration with respect
to dividends would be made on or before May 10th for the preceding
calendar year. The May 10th date for the declaration of dividends
differs from the May 15th date in the Temporary Final Rule. This
slightly revised timing still would provide enough time for the Board
to consider final data for the end of the preceding year regarding the
Reserve Ratio, as well as to perform an analysis of what amount is
necessary to maintain the fund at the required level and whether
circumstances warrant limiting or suspending the payment of dividends.
In addition, the May 10th date would allow more time, operationally,
for the notification and payment of dividends and the FDIC's handling
of requests for review of dividend amounts.
Under the proposed rule, if the FDIC does not limit or suspend the
payment of dividends or does not renew such a determination, then the
aggregate amount of the dividend would be determined as provided by the
Reform Act. When the Reserve Ratio equals or exceeds 1.35 percent (but
is not higher than 1.50 percent), then the FDIC generally is required
to declare the amount that is equal to one-half the amount in excess of
the amount required to maintain the Reserve Ratio at 1.35 percent as
the aggregate amount of dividends to be paid to insured depository
institutions. When the Reserve Ratio exceeds 1.50 percent, the FDIC
generally is required to declare the amount in the DIF in excess of the
amount required to maintain the Reserve Ratio at 1.50 percent as
dividends to be paid to institutions.
C. Allocation of Dividends
As noted, in the Temporary Final Rule the FDIC adopted a simple
system for allocating dividends, which will remain in place until
December 31,
[[Page 15462]]
2008, when the Temporary Final Rule terminates. Under that allocation
method, any dividends awarded in 2007 or 2008 would have been
distributed simply in proportion to an institution's 1996 assessment
base ratio. However, no dividend was awarded in 2007 and none will be
awarded in 2008 because the Reserve Ratio at the end of 2006 and 2007
was less than 1.35 percent.
After thoroughly considering the comments received, the FDIC is
proposing a variation of the payments method for allocating future
assessment dividends to FDIC-insured institutions. The proposed rule
would divide the total dividend in any year into two parts. One of the
two parts would be allocated based on the ratio of each institution's
(including any predecessors') 1996 assessment base compared to the
total of all existing eligible institutions' 1996 assessment bases (an
institution's ``1996 assessment base share''). The other part of the
total dividend would be allocated based on each institution's
(including any predecessors') ratio of cumulative eligible premiums
(defined below) over the previous five years to the total of cumulative
eligible premiums paid by all existing institutions (or their
predecessors) over the previous five years (an institution's ``eligible
premium share''). The part of any potential dividend that would be
allocated based upon 1996 assessment base shares would decline steadily
from 100 percent to zero over 15 years; the part of any potential
dividend that would be allocated based upon eligible premium shares
would increase steadily over the same 15-year period from zero to 100
percent. After the 15-year period, any dividend would be allocated
solely based on eligible premium shares.
The 15-year period would run from the end of 2006 to the end of
2021 and would govern dividends based upon the Reserve Ratio at the end
of the years 2008 through 2021.\10\ Actual dividends, if any, would be
allocated and paid the following year. Table A shows the change in the
allocation of potential dividends over time.
Table A.--Total DIF Dividend Distribution Table
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Part of total DIF dividend
determined by:
Based upon the DIF reserve ratio -------------------------------------
at year-end 1996 Assessment Eligible premium
base shares shares
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2006 \10\......................... 1 (100.0%) 0 (0%)
2007 \10\......................... 14/15 (93.3%) 1/15 (6.7%)
2008.............................. 13/15 (86.7%) 2/15 (13.3%)
2009.............................. 4/5 (80.0%) 1/5 (20.0%)
2010.............................. 11/15 (73.3%) 4/15 (26.7%)
2011.............................. 2/3 (66.7%) 1/3 (33.3%)
2012.............................. 3/5 (60.0%) 2/5 (40.0%)
2013.............................. 8/15 (53.3%) 7/15 (46.7%)
2014.............................. 7/15 (46.7%) 8/15 (53.3%)
2015.............................. 2/5 (40.0%) 3/5 (60.0%)
2016.............................. 1/3 (33.3%) 2/3 (66.7%)
2017.............................. 4/15 (26.7%) 11/15 (73.3%)
2018.............................. 1/5 (20.0%) 4/5 (80.0%)
2019.............................. 2/15 (13.3%) 13/15 (86.7%)
2020.............................. 1/15 (6.7%) 14/15 (93.3%)
2021.............................. 0 (0%) 1 (100.0%)
Thereafter........................ 0% 100.0%
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\10\ As discussed earlier, had dividends actually been awarded based
upon the 2006 and 2007 reserve ratios, the dividends would have been
allocated pursuant to the existing rule governing dividends.
Thus, for example, if a dividend were awarded based upon the
Reserve Ratio at the end of 2018, one-fifth of the total dividend would
be allocated based upon 1996 assessment base shares and four-fifths of
the total dividend would be allocated based upon eligible premium
shares.\11\
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\11\ The dividend would actually be awarded and paid in 2019.
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The 15-year period over which the influence of 1996 assessment
bases would decline represents a compromise between two legitimate, but
opposing, arguments. On one hand, a 15-year period recognizes the
significant contributions made by some institutions in the early 1990s
to capitalize the deposit insurance fund and that the interest earned
on this capital continues to help fund the FDIC. On the other hand, a
15-year period does not give these institutions an advantage that could
last indefinitely in obtaining dividends, as would occur under the fund
balance method absent very large insurance losses. It is also
consistent with an argument noted in a comment letter that the $4.7
billion one-time assessment credit, which was awarded under the Reform
Act and distributed according to the 1996 assessment base shares, was
intended to compensate institutions that helped capitalize the
insurance funds in the early 1990s.
Cumulating eligible premiums over the 5-year period preceding the
year of the dividend is consistent with the specific recommendations
made by the large financial services company trade association and the
coalition in their comment letters. A 5-year look-back period
recognizes that the Reform Act enhances the FDIC's ability to control
the growth of the fund over time through the level of assessment rates.
Certain events, however, such as an unanticipated decline in estimated
insured deposits or unexpectedly high investment income, could raise
the fund over the 1.35 percent dividend threshold. Thus, assessments
charged over some relatively short period preceding the unexpected
events would have proven in retrospect to be too high, and the dividend
would serve as a rebate of excess funds.\12\
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\12\ One of the banking trade associations that commented on the
ANPR cited essentially the same argument as a justification for
adopting the payments method.
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Eligible Premiums
Based upon the unanimous recommendations of all respondents
[[Page 15463]]
who commented specifically on the issue, the FDIC is proposing that an
eligible premium be defined as the part of any actual assessment that
is charged at no more than the maximum rate then applicable to a Risk
Category I institution. Under the assessment rate schedule presently in
effect, the minimum and maximum rates that can be charged a Risk
Category I institution differ by two basis points. At present, the
minimum annual rate applicable to a Risk Category I institution is 5
basis points and the maximum rate is 7 basis points. Thus, the entire
assessment of an institution charged anywhere between 5 and 7 basis
points would be an eligible premium, but only 7/10 of the assessment of
an institution in Risk Category II (charged 10 basis points under the
current schedule) would be eligible so long as this rate schedule is in
effect.\13\
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\13\ If the year-end reserve ratio in 2009 or 2010 exceeds 1.35
percent and the FDIC declares a dividend for that year, the 5-year
look-back period would include years before 2007. Institutions in
what is now termed Risk Category I (formerly the ``1A'' risk
classification), however, were charged a zero rate from 1997 through
2006. Thus, under the proposal, no premium paid before 2007 would be
eligible.
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Under the proposed rule, whether an institution paid its assessment
in cash or offset it with assessment credits would not affect its
eligible premiums. Thus, again assuming present assessment rates, the
entire assessment of an institution charged 7 basis points would be an
eligible premium, whether the institution paid in cash or offset its
assessment liability with an assessment credit. The FDIC currently
anticipates that the great bulk of assessment credits (over 95 percent)
will have been used by the end of 2008.
An institution's eligible premiums would include eligible premiums
paid by a predecessor.
How the Dividend Allocation Method Would Affect Different Institutions
The proposed dividend allocation method would affect institutions
differently depending upon their 1996 assessment base and the amount of
eligible premiums charged during the five years before a dividend is
declared. Assume, for example, that a hypothetical dividend of $1
billion were awarded based upon the 2018 Reserve Ratio. Of the $1
billion total dividend, $200 million-one-fifth (20 percent)--would be
allocated based upon 1996 assessment base shares and $800 million--
four-fifths (80 percent)--would be allocated based upon eligible
premium shares.\14\ An institution that held 0.1 percent of the 1996
assessment base and had made 0.05 percent of total eligible premiums
from 2014 through 2018 would receive a dividend of $600,000 (0.1
percent of $200 million--which equals $200,000--plus 0.05 percent of
$800 million--which equals $400,000). An institution that had no 1996
assessment base but had made the identical percentage (0.05 percent) of
total eligible premiums from 2014 through 2018 would receive $400,000.
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\14\ Again, the dividend would actually be awarded and paid in
2019.
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An institution that consistently paid the lowest rate applicable to
Risk Category I would receive a smaller dividend than one that paid the
highest rate applicable to Risk Category I, assuming identical future
assessment bases and identical 1996 assessment base shares, since the
institution paying the higher rate would have paid higher premiums and
would have a larger eligible premium share. However, an institution
that consistently paid a rate outside of Risk Category I (for example,
the Risk Category II rate) would receive the same dividend as an
institution that paid the highest rate applicable to Risk Category I,
again assuming identical future assessment bases and identical 1996
assessment base shares.
An addendum explains the dividend allocation calculation in greater
detail.
Predecessor Insured Depository Institutions
Under the proposed rule, consistent with the requirements of the
Reform Act, the allocation of dividends to an insured depository
institution would in part be based on the 1996 assessment base ratio
of, and the post-l996 assessments paid by, insured depository
institutions of which the insured depository institution is the
successor. As in the Temporary Final Rule, the proposed rule would
define a predecessor insured depository institution by cross
referencing the definition of successor insured depository institution
in the one-time assessment credit rule. (See 12 CFR 327, subpart B.) In
effect, a predecessor institution is the mirror image of a successor
institution. Notably, the definition of successor in the one-time
credit regulation includes a de facto rule, applicable in transactions
in which an insured depository institution assumes substantially all of
the deposit liabilities and acquires substantially all of the assets of
another insured depository institution.
D. Notification and Payment of Dividends
Under the proposed rule, the FDIC would advise each institution of
its dividend amount as soon as practicable after the Board's
declaration of a dividend on or before May 10th. Individual dividend
amounts would be paid to institutions no later than 45 days, or as soon
as practicable, after the issuance of the special notice. This
timeframe would allow the FDIC to freeze payment of an individual
institution's dividend amount, if that amount is in dispute.
Depending on the timing of the Board's declaration, which could
occur prior to May 10th, and the expiration of the 30-day period for
requesting review (explained below), it is possible that dividends
could be paid at the same time as the collection of the quarterly
assessment and would offset those payments. Dividends would be paid
through the Automated Clearing House (``ACH''). If they are paid at the
time of assessment payments, offsets would be made. If the institution
owes assessments in excess of the dividend amount, there would be a net
debit (resulting in payment to the FDIC). Conversely, if the FDIC owes
an additional dividend amount in excess of the assessment to the
institution, there would be a net credit (resulting in payment from the
FDIC). The FDIC plans to notify institutions whether dividends would
offset the next assessment payments with the next invoice.
Under the proposed rule, the FDIC would freeze the payment of the
disputed portion of dividend amounts involved in requests for review.
In the absence of such action, institutions would receive the amount
indicated on the notice. Any adjustment to an individual institution's
dividend amount resulting from its request for review would be handled
through ACH in the same manner as existing procedures for underpayment
or overpayment of assessments.
The FDIC intends, beginning no later than 2010, to include with its
quarterly assessment invoices to insured depository institutions the
institution's 1996 assessment base share and its rolling five-year
eligible premium share.
E. Requests for Review
The Reform Act requires the FDIC to include in its dividend
regulations provisions allowing an insured depository institution a
reasonable opportunity to challenge administratively the amount of its
dividend. The FDIC's determination under such procedures is to be final
and not subject to judicial review.
The request-for-review provisions of the proposed rule, for
dividend amounts, are similar to those in the Temporary Final Rule, but
they reflect
[[Page 15464]]
the FDIC's intention to provide, beginning in 2010, quarterly dividend-
related information with each institution's assessment invoice. If a
dividend were declared before 2010, an institution would have 30 days
from the date of the notice advising it of its dividend amount to
request review. Review could be requested if an institution disagrees
with the computation of the dividend or if it believes that it does not
accurately reflect appropriate adjustments to the institution's 1996
assessment base ratio or eligible premium share, such as for a purchase
and assumption transaction that triggers application of the de facto
rule for purposes of determining any predecessor institutions. Once the
quarterly invoice updates become available as contemplated under the
proposed rule, an institution generally would have 90 days from the
date of the invoice to request review of that dividend-related
information, except in a year in which a dividend is declared. If the
FDIC were to declare a dividend, the institution would have 30 days
from the date of its notice of dividend amount to request review either
of that amount or of any dividend-related information in its March
invoice for that year; the institution would not have the full 90-day
period following the March invoice to request review.
An institution must timely request review of its dividend-related
information and must request review within 90 days of the first invoice
that fails to reflect accurate information. If an institution does not
submit a timely request for review of its dividend-related information,
it would be barred from subsequently requesting review of that
information.
The requirement that insured depository institutions monitor their
dividend-related information quarterly and promptly request review is
necessitated by the proposed timing for the payment of dividends. In
the absence of such a strict quarterly requirement, the FDIC would need
to reconsider both the timing of dividend payment and possibly the
look-back period for calculating institutions' dividend shares, which
at 5 years is longer than the 3-year recordkeeping requirement in the
FDI Act and longer than the 3-year statute of limitations for bringing
action on assessment underpayments and overpayments.
As under the current rule, at the time of the request for review,
the requesting institution also would be required to notify all other
institutions of which it knew or had reason to believe would be
directly and materially affected by granting the request for review and
would be required to provide those institutions with copies of the
request for review, supporting documentation, and the FDIC's procedures
for these requests for review. In addition, the FDIC would make
reasonable efforts, based on its official systems of records, to
determine that such institutions have been identified and notified.
These institutions would then have 30 days to submit a response and
any supporting documentation to the FDIC's Division of Finance, copying
the institution making the original request for review. If an
institution notified through this process does not submit a timely
response, that institution would be foreclosed from subsequently
disputing the information submitted by any other institution on the
transaction(s) at issue in the review process. Also under the proposed
rule, the FDIC could request additional information as part of its
review, and the institution from which such information is requested
would be required to supply that information within 21 days of the date
of the FDIC's request.
The proposed rule would require a written response from the FDIC's
Director of the Division of Finance (``Director''), or his or her
designee, notifying the requesting institution and any materially
affected institutions of the determination of the Director as to
whether the requested change is warranted, whenever feasible: (1)
Within 60 days of receipt by the FDIC of the request for revision; (2)
if additional institutions are notified by the requesting institution
or the FDIC, within 60 days of the date of the last response to the
notification; or (3) if the FDIC has requested additional information,
within 60 days of its receipt of the additional information, whichever
is latest.
If a requesting institution disagrees with the determination of the
Director, that institution could appeal its dividend determination to
the FDIC's Assessment Appeals Committee (``AAC''). Under the proposed
rule, an appeal to the AAC must be filed within 30 calendar days of the
date of the Director's written determination. Notice of the procedures
applicable to appeals of the Director's determination to the AAC would
be included with the written response. The AAC's determination would be
final and not subject to judicial review.
As noted, and as under the Temporary Final Rule, the FDIC proposes
to freeze temporarily the distribution of the dividend amount in
dispute for the institutions involved in the challenge until the
challenge is resolved.
IV. Request for Comments
The FDIC requests comments on all aspects of the proposed rule.
Comments are specifically requested on the proposed dividend allocation
method.
V. Regulatory Analysis and Procedure
A. Solicitation of Comments on Use of Plain Language
Section 722 of the Gramm-Leach-Bliley Act, Public Law 106-102, 113
Stat. 1338, 1471 (Nov. 12, 1999), requires the Federal banking agencies
to use plain language in all proposed and final rules published after
January 1, 2000. We invite your comments on how to make this proposal
easier to understand. For example:
Have we organized the material to suit your needs? If not,
how could this material be better organized?
Are the requirements in the proposed regulation clearly
stated? If not, how could the regulation be more clearly stated?
Does the proposed regulation contain language or jargon
that is not clear? If so, which language requires clarification?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the regulation easier to
understand? If so, what changes to the format would make the regulation
easier to understand?
What else could we do to make the regulation easier to
understand?
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA'') requires a federal agency
publishing a notice of proposed rulemaking to prepare and make
available for public comment an initial regulatory flexibility analysis
that describes the impact of the proposed rule on small entities. 5
U.S.C. 603(a). Pursuant to regulations issued by the Small Business
Administration (13 CFR 121.201), a ``small entity'' includes a bank
holding company, commercial bank or savings association with assets of
$165 million or less (collectively, small banking organizations). The
RFA provides that an agency is not required to prepare and publish a
regulatory flexibility analysis if the agency certifies that the
proposed rule would not have a significant impact on a substantial
number of small entities. 5 U.S.C. 605(b).
Pursuant to section 605(b) of the RFA, the FDIC certifies that the
proposed rule would not have a significant economic impact on a
substantial number of small entities. The proposed rule, if adopted in
final form, would provide the procedures for the FDIC's declaration,
[[Page 15465]]
distribution, and payment of dividends to insured depository
institutions under the circumstances set forth in the FDI Act. While
each insured depository institution would have the opportunity to
request review of the amount of its dividend each time a dividend is
declared, the proposed rule would rely on information already collected
and maintained by the FDIC in the regular course of business. The
proposed rule, if adopted, would not directly or indirectly impose any
reporting, recordkeeping or compliance requirements on insured
depository institutions.
C. Paperwork Reduction Act
No collections of information pursuant to the Paperwork Reduction
Act (44 U.S.C. Ch. 3501 et seq.) are contained in the proposed rule.
D. The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families
The FDIC has determined that the proposed rule will not affect
family well-being within the meaning of section 654 of the Treasury and
General Government Appropriations Act, enacted as part of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999
(Pub. L. 105-277, 112 Stat. 2681).
Addendum
The illustrations below provide a more detailed description of the
dividend allocation calculation. Both illustrations again assume that a
hypothetical dividend of $1 billion is awarded based upon a
hypothetical 2018 Reserve Ratio. In the illustrations, Institution A
and Institution B are assumed to be identical except that A has a 1996
assessment base, and B does not. They both pay Risk Category I premiums
at the same rate. Institution C is identical to Institution A (it has a
1996 assessment base), but it differs from both A and B in that it pays
the higher Risk Category II assessment rate.
Illustration 1.--Dividend of $1 Billion Based on 2018 Reserve Ratio
20 percent ($200 million) allocated based on 1996 assessment base shares
80 percent ($800 million) allocated based upon eligible premium shares
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Bank A's 1996 assessment base = $400 million (0.01203% of industry total).......................................
Bank B's 1996 assessment base = $0..............................................................................
Banks have identical assessment bases and pay the lowest assessment rate applicable to Risk Category I (assumed
to be 2 basis points) \15\.....................................................................................
----------------------------------------------------------------------------------------------------------------
Year Assessment base Rate (B.P.) Premium ($000) Eligible premium
($000) ($000)
----------------------------------------------------------------------------------------------------------------
2014................................ 500,000 2 100 100
2015................................ 522,500 2 105 105
2016................................ 546,013 2 109 109
2017................................ 570,583 2 114 114
2018................................ 596,259 2 119 119
----------------------------------------------------------------------------------------------------------------
5-year sum................................................................................... 547
Industry 5-year sum.......................................................................... 12,000,000
Each bank's share of industry 5-year eligible premium........................................ 0.00456%
Bank A's dividend ($000) = 0.01203% of $200 million + 0.00456% of $800 million:.............. 60.531
Bank B's dividend ($000) = 0.0456% of $800 million:.......................................... 36.471
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
\15\ The illustrations assume that assessment rates charged in
2014-2018 equal the base assessment rates adopted by the Board at
the end of 2006: 2-4 basis points for Risk Category I and 7 basis
points for Risk Category II.
Illustration 2.--Dividend of $1 Billion Based on 2018 Reserve Ratio
[20 percent ($200 million) allocated based on 1996 assessment base shares]
[80 percent ($800 million) allocated based upon eligible premium shares]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Bank C's 1996 assessment base = $400 million (0.01203% of industry total).
Bank C's 1996 assessment base is identical to Banks A and B (Illustration 1).
Pays rate applicable to Risk Category II (assumed to be 7 basis points).
----------------------------------------------------------------------------------------------------------------
Year Assessment base Rate (B.P.) Premium ($000) Eligible premium
($000) ($000)
----------------------------------------------------------------------------------------------------------------
2014................................ 500,000 7 350 200
2015................................ 522,500 7 366 209
2016................................ 546,013 7 382 218
2017................................ 570,583 7 417 239
2018................................ 596,259 7 417 239
----------------------------------------------------------------------------------------------------------------
5-year sum................................................................................... 1,094
Industry 5-year sum.......................................................................... 12,000,000
Bank C's share of industry 5-year eligible premium........................................... 0.00912%
Bank C's dividend ($000) = 0.01203% of $200 million + 0.00912% of $800 million:.............. 97.003
----------------------------------------------------------------------------------------------------------------
[[Page 15466]]
List of Subjects in 12 CFR Part 327
Bank deposit insurance, Banks, Banking, Savings associations.
Authority and Issuance
For the reasons set forth in the preamble, chapter III of title 12
of the Code of Federal Regulations is amended by revising subpart C to
read as follows:
PART 327--ASSESSMENTS
Subpart C--Implementation of Dividend Requirements
Sec.
327.50 Purpose and scope.
327.51 Definitions.
327.52 Annual dividend determination.
327.53 Allocation and payment of dividends.
327.54 Requests for review.
Subpart C--Implementation of Dividend Requirements
Authority: 12 U.S.C. 1817(e)(2), (4).
Sec. 327.50 Purpose and scope.
(a) Scope. This subpart C of part 327 implements the dividend
provisions of section 7(e)(2) of the Federal Deposit Insurance Act, 12
U.S.C. 1817(e)(2), and applies to insured depository institutions.
(b) Purpose. This subpart C of part 327 provides the rules for:
(1) The FDIC's annual determination of whether to declare a
dividend and the aggregate amount of any dividend;
(2) The FDIC's determination of the amount of each insured
depository institution's share of any declared dividend;
(3) The time and manner for the FDIC's payments of dividends; and
(4) An institution's appeal of the FDIC's determination of its
dividend amount.
Sec. 327.51 Definitions.
For purposes of this subpart:
(a) Assessment base share means an insured depository institution's
1996 assessment base ratio divided by the total of all existing,
eligible insured depository institution's shares of the 1996 assessment
base (rounded to seven decimal places).
(b) Board has the same meaning as under subpart B of this part.
(c) DIF means the Deposit Insurance Fund.
(d) An eligible premium means an assessment paid by an insured
depository institution (or its predecessor) that did not exceed, for
the applicable assessment period, the maximum assessment applicable in
that assessment period to a Risk Category 1 institution under subpart A
of this part.
(e) An insured depository institution's eligible premium share
means that institution's cumulative eligible premiums over the previous
five years (ending on December 31st of the year prior to the year in
which the dividend is declared) divided by the cumulative total of all
eligible premiums paid by all existing insured depository institutions
or their predecessors over that five-year period (rounded to seven
decimal places).
(f) An insured depository institution's 1996 assessment base ratio
means an institution's 1996 assessment base ratio, as determined
pursuant to the Sec. 327.33 of subpart B of this part, adjusted as
necessary to reflect subsequent transactions in which the institution
succeeds to another institution's assessment base ratio, or a transfer
of the assessment base ratio pursuant to Sec. 327.34. The 1996
assessment base ratio shall be rounded to seven decimal places.
(g) Predecessor, when used in the context of insured depository
institutions, refers to the institution merged with or into a resulting
institution or acquired by an institution under Sec. 327.33(c) of
subpart B under the de facto rule, consistent with the definition of
successor in section 327.31.
Sec. 327.52 Annual dividend determination.
(a) On or before May 10th of each calendar year, beginning in 2007,
the Board shall determine whether to declare a dividend based upon the
reserve ratio of the DIF as of December 31st of the preceding year, and
the amount of the dividend, if any.
(b) Except as provided in paragraph (d) of this section, if the
reserve ratio of the DIF equals or exceeds 1.35 percent of estimated
insured deposits and does not exceed 1.50 percent, the Board shall
declare the amount that is equal to one-half of the amount in excess of
the amount required to maintain the reserve ratio at 1.35 percent as
the aggregate dividend to be paid to insured depository institutions.
(c) If the reserve ratio of the DIF exceeds 1.50 percent of
estimated insured deposits, except as provided in paragraph (d), the
Board shall declare the amount in excess of the amount required to
maintain the reserve ratio at 1.50 percent as the aggregate dividend to
be paid to insured depository institutions and shall declare a dividend
under paragraph (b) of this section.
(d) (1) The Board may suspend or limit a dividend otherwise
required to be paid if the Board determines that:
(i) A significant risk of losses to the DIF exists over the next
one-year period; and
(ii) It is likely that such losses will be sufficiently high as to
justify the Board concluding that the reserve ratio should be allowed:
(A) To grow temporarily without requiring dividends when the
reserve ratio is between 1.35 and 1.50 percent; or
(B) To exceed 1.50 percent.
(2) In making a determination under this paragraph, the Board shall
consider:
(i) National and regional conditions and their impact on insured
depository institutions;
(ii) Potential problems affecting insured depository institutions
or a specific group or type of depository institution;
(iii) The degree to which the contingent liability of the FDIC for
anticipated failures of insured institutions adequately addresses
concerns over funding levels in the DIF; and
(iv) Any other factors that the Board may deem appropriate.
(3) Within 270 days of making a determination under this paragraph,
the Board shall submit a report to the Committee on Financial Services
and the Committee on Banking, Housing, and Urban Affairs, providing a
detailed explanation of its determination, including a discussion of
the factors considered.
(e) The Board shall annually review any determination to suspend or
limit dividend payments and must either:
(1) Make a new finding justifying the renewal of the suspension or
limitation under paragraph (d) of this section, and submit a report as
required under paragraph (d)(3) of this section; or
(2) Reinstate the payment of dividends as required by paragraph (b)
or (c) of this section.
Sec. 327.53 Allocation and payment of dividends.
(a) (1) The allocation of any dividend among insured depository
institutions shall be based on the institution's 1996 assessment base
share and the institution's eligible premium share.
(2) As set forth in the following table, the part of a dividend
allocated based upon an institution's 1996 assessment base share shall
decline steadily from 100 percent to zero over fifteen years, and the
part of a dividend allocated based upon an institution's eligible
premium share shall increase steadily over the same fifteen-year period
from zero to 100 percent. The 15-year period shall begin as if it had
applied to a dividend based upon the reserve ratio at
[[Page 15467]]
the end of 2006 and shall end with respect to any dividend based upon
the reserve ratio at the end of 2021. Dividends based upon the reserve
ratio as of December 31, 2021, and thereafter shall be allocated among
insured depository institutions based solely on eligible premium
shares.
Total DIF Dividend Distribution Table
------------------------------------------------------------------------
Part of total DIF dividend
determined by:
Based upon the DIF reserve ratio -------------------------------------
at year-end 1996 Assessment Eligible premium
base shares shares
------------------------------------------------------------------------
2006.............................. 1 (100.0%) 0 (0%)
2007.............................. 14/15 (93.3%) 1/15 (6.7%)
2008.............................. 13/15 (86.7%) 2/15 (13/3%)
2009.............................. 4/5 (80.0%) 1/5 (20.0%)
2010.............................. 11/15 (73.3%) 4/15 (26.7%)
2011.............................. 2/3 (66.7%) 1/3 (33.3%)
2012.............................. 3/5 (60.0%) 2/5 (40.0%)
2013.............................. 8/15 (53.3%) 7/15 (46.7%)
2014.............................. 7/15 (46.7%) 8/15 (53.3%)
2015.............................. 2/5 (40.0%) 3/5 (60.0%)
2016.............................. 1/3 (33.3%) 2/3 (66.7%)
2017.............................. 4/15 (26.7%) 11/15 (73.3%)
2018.............................. 1/5 (20.0%) 4/5 (80.0%)
2019.............................. 2/15 (13.3%) 13/15 (86.7%)
2020.............................. 1/15 (6.7%) 14/15 (93.3%)
2021.............................. 0 (0%) 1 (100.0%)
Thereafter........................ 0 (0%) 1 (100%)
------------------------------------------------------------------------
The 15-year period shall be computed as if it had applied to
dividends based upon the reserve ratios at the end of 2006 and 2007.
(b) The FDIC shall notify each insured depository institution of
the amount of such institution's dividend payment based on its share as
determined pursuant to paragraph (a) of this section. Notice shall be
given as soon as practicable after the Board's declaration of a
dividend through a special notice of dividend.
(c) The FDIC shall pay individual dividend amounts, unless they are
the subject of a request for review under Sec. 327.54 of this subpart,
to insured depository institutions no later than 45 days, or as soon as
practicable thereafter, after the issuance of the special notices of
dividend. The FDIC shall notify institutions whether dividends will
offset the next collection of assessments at the time of the invoice.
An institution's dividend amount may be remitted with that
institution's assessment or paid separately. If remitted with the
institution's assessment, any excess dividend amount will be a net
credit to the institution and will be deposited into the deposit
account designated by the institution for assessment payment purposes
pursuant to subpart A of this part. If remitted with the institution's
assessment and the dividend amount is less than the amount of
assessment due, then the institution's account will be directly debited
by the FDIC to reflect the net amount owed to the FDIC as an
assessment.
(d) If an insured depository institution's dividend amount is
subject to review under Sec. 327.54, and that request is not finally
resolved prior to the dividend payment date, the FDIC shall withhold
the payment of the disputed portion of the dividend amount involved in
the request for review. Adjustments to an individual institution's
dividend amount based on the final determination of a request for
review will be handled in the same manner as assessment underpayments
and overpayments.
Sec. 327.54 Requests for review.
(a) An insured depository institution may submit a request for
review of the FDIC's determination of the institution's 1996 assessment
base share and/or its eligible premium share as shown on the
institution's quarterly assessment invoice. Such requests shall be
subject to the provisions of Sec. 327.3(f)(3) of subpart A of this
part, except for the invoice provided by the FDIC in March of any
calendar year in which the FDIC declares a dividend. If the FDIC
declares a dividend, any request for review of an institution's 1996
assessment base share and/or its eligible premium share as shown on the
institution's March quarterly assessment invoice must be filed within
30 days of the date that the FDIC notifies the institution of its
dividend amount. If an institution does not submit a timely request for
review for the first invoice in which the dividend-related information
that forms the basis for the request appears, the institution shall be
barred from subsequently requesting review of that information.
(b) An insured depository institution may submit a request for
review of the FDIC's determination of the institution's dividend amount
as shown on the special notice of dividend. Such review may be
requested if:
(1) The institution disagrees with the calculation of the dividend
as stated on the special notice of dividend; or
(2) The institution believes that the 1996 assessment base ratio
attributed to the institution has not been adjusted to include the 1996
assessment base ratio of an institution acquired by merger or transfer
pursuant to Sec. Sec. 327.33 and 327.34 of subpart B of this part and
Sec. 327.51(g) of this subpart, and the institution has not had a
prior opportunity to request review or appeal under subpart B of this
part or paragraph (a) of this section; or
(3) The institution believes that the special notice does not fully
or accurately reflect its eligible premiums or those of any of its
predecessors and the institution has not had a prior opportunity to
request review or appeal under subpart B of this part or paragraph (a)
of this section.
(c) Any such request for review under paragraph (b) of this section
must be submitted within 30 days of the date of the special notice of
dividend for which a change is requested. The request for review shall
be submitted to the
[[Page 15468]]
Division of Finance and shall provide documentation sufficient to
support the change sought by the institution. If an institution does
not submit a timely request for review, that institution may not
subsequently request review of its dividend amount, subject to
paragraph (d) of this section. At the time of filing with the FDIC, the
requesting institution shall notify, to the extent practicable, any
other insured depository institution that would be directly and
materially affected by granting the request for review and provide such
institution with copies of the request for review, the supporting
documentation, and the FDIC's procedures for requests under this
subpart. The FDIC shall make reasonable efforts, based on its official
systems of records, to determine that such institutions have been
identified and notified.
(d) During the FDIC's consideration of a request for review, the
amount of dividend in dispute will not be available for use by any
institution.
(e) Within 30 days of receiving notice of the request for review
under paragraph (b) of this section, those institutions identified as
potentially affected by the request for review may submit a response to
such request, along with any supporting documentation, to the Division
of Finance, and shall provide copies to the requesting institution. If
an institution that was notified under paragraph (c) of this section
does not submit a response to the request for review, that institution
may not subsequently:
(1) Dispute the information submitted by any other institution on
the transaction(s) at issue in that review process; or
(2) Appeal the decision by the Director of the Division of Finance.
(f) If additional information is requested of the requesting or
affected institutions by the FDIC, such information shall be provided
by the institution within 21 days of the date of the FDIC's request for
additional information.
(g) Any institution submitting a timely request for review under
paragraph (b) of this section will receive a written response from the
FDIC's Director of the Division of Finance (``Director''), or his or
her designee, notifying the affected institutions of the determination
of the Director as to whether the requested change is warranted,
whenever feasible:
(1) Within 60 days of receipt by the FDIC of the request for
revision;
(2) If additional institutions have been notified by the requesting
institution or the FDIC, within 60 days of the date of the last
response to the notification; or
(3) If additional information has been requested by the FDIC,
within 60 days of receipt of the additional information, whichever is
later. Notice of the procedures applicable to appeals under paragraph
(g) of this section will be included with the Director's written
determination.
(h) An insured depository institution may appeal the determination
of the Director to the FDIC's Assessment Appeals Committee on the same
grounds as set forth under paragraph (b) of this section. Any such
appeal must be submitted within 30 calendar days from the date of the
Director's written determination. The decision of the Assessment
Appeals Committee shall be the final determination of the FDIC.
Dated at Washington, DC, this 14th day of March, 2008.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. E8-5670 Filed 3-21-08; 8:45 am]
BILLING CODE 6714-01-P