Page:United States Statutes at Large Volume 105 Part 3.djvu/480

 105 STAT. 2364 PUBLIC LAW 102-242—DEC. 19, 1991 "(A) IN GENERAL.—The Corporation shall insure the deposits of all insured depository institutions as provided in this Act. "(B) NET AMOUNT OF INSURED DEPOSIT. —The net amount due to any depositor at an insured depository institution shall not exceed $100,000 as determined in accordance with subparagraphs (C) and (D). "(C) AGGREGATION OF DEPOSITS. — For the purpose of determining the net amount due to any depositor under subparagraph (B), the Corporation shall aggregate the amounts of all deposits in the insured depository institution which are maintained by a depositor in the same capacity and the same right for the benefit of the depositor either in the name of the depositor or in the name of any other person, other than any amount in a trust fund described in section 7(i)(l). "(D) COVERAGE ON PRO RATA OR 'PASS-THROUGH' BASIS. — "(i) IN GENERAL.— Except as provided in clause (ii), for the purpose of determining the amount of insurance due under subparagraph (B), the Corporation shall provide deposit insurance coverage with respect to deposits accepted by any insured depository institution on a pro rata or 'pass-through' basis to a participant in or beneficiary of an employee benefit plan (as defined in section ll(a)(8)(B)(ii)), including any eligible deferred compensation plan described in section 457 of the Internal Revenue Code of 1986. "(ii) EXCEPTION.—After the end of the 1-year period beginning on the date of the enactment of the Federal Deposit Insurance Corporation Improvement Act of 1991, the Corporation shall not provide insurance coverage on a pro rata or 'pass-through' basis pursuant to clause (i) with respect to deposits accepted by any insured depository institution which, at the time such deposits are accepted, may not accept brokered deposits under section 29. "(iii) COVERAGE UNDER CERTAIN CIRCUMSTANCES.— Clause (ii) shall not apply with respect to any deposit accepted by an insured depository institution described in such clause if, at the time the deposit is accepted— "(I) the institution meets each applicable capital standard; and "(II) the depositor receives a written statement from the institution that such deposits at such institution are eligible for insurance coverage on a pro rata or 'pass-through' basis.". (2) CERTAIN RETIREMENT ACCOUNTS.— Section 11(a)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(3)) is amended to read as follows: "(3) CERTAIN RETIREMENT ACCOUNTS.— "(A) IN GENERAL. — Notwithstanding any limitation in this Act relating to the amount of deposit insurance available for the account of any 1 depositor, deposits in an insured depository institution made in connection with— "(i) any individual retirement account described in section 408(a) of the Internal Revenue Code of 1986;

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