Page:United States Statutes at Large Volume 105 Part 3.djvu/505

 PUBLIC LAW 102-242 —DEC. 19, 1991 105 STAT. 2389 "(I) be subject to assessment at the assessment rate applicable under section 7 for Savings Association Insurance Fund members; "(II) not be taken into account for purposes of any assessment under section 7 for Bank Insurance Fund members; and "(III) be treated as deposits which are insured by the Savings Association Insurance Fund. "(ii) ASSESSMENTS BY BIF. —In the case of any acquiring, assuming, or resulting depository institution which is a Savings Association Insurance Fund member, that portion of the average assessment base of such member for any semiannual period which is equal to the adjusted attributable deposit amount (determined under subparagraph (C) with respect to the transaction) shall— "(I) be subject to assessment at the assessment rate applicable under section 7 for Bank Insurance Fund members; "(II) not be taken into account for purposes of any assessment under section 7 for Savings Association Insurance Fund members; and "(III) be treated as deposits which are insured by the Bank Insurance Fund. " (C) DETERMINATION OF ADJUSTED ATTRIBUTABLE DEPOSIT AMOUNT. —The adjusted attributable deposit amount which shall be taken into account for purposes of determining the amount of the assessment under subparagraph (B) for any semiannual period by any acquiring, assuming, or resulting depository institution in connection with a transaction under subparagraph (A) is the amount which is equal to the sum of— "(i) the amount of any deposits acquired by the institution in connection with the transaction (as determined at the time of such transaction); "(ii) the total of the amounts determined under clause (iii) for semiannual periods preceding the semiannual period for which the determination is being made under this subparagraph; and "(iii) the amount by which the sum of the amounts described in clauses (i) and (ii) would have increased during the preceding semiannual period (other than any semiannual period beginning before the date of such transaction) if such increase occurred at a rate equal to the annual rate of growth of deposits of the acquiring, assuming, or resulting depository institution minus the amount of any deposits acquired through the acquisition, in whole or in part, of another insured depository institution. "(D) DEPOSIT OF ASSESSMENT. —That portion of any assessment under section 7 which— "(i) is determined in accordance with subparagraph (B)(i) shall be deposited in the Savings Association Insurance Fund; and "(ii) is determined in accordance with subparagraph (B)(ii) shall be deposited in the Bank Insurance Fund. "(E) CONDITIONS FOR APPROVAL, GENERALLY.—

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