Page:United States Statutes at Large Volume 106 Part 4.djvu/308

 106 STAT. 3044 PUBLIC LAW 102-486—OCT. 24, 1992 "(A) ADMINISTRATIVE EXPENSES. — Administrative costs for any plan year shall be allocated to premium accounts under paragraph (1) on the basis of expenditures (other than administrative costs) from such accounts during the preceding plan year. ,. "(B) INTEREST. —Interest shall be allocated to the account established for health benefit premiums. "(3) SHORTFALLS AND SURPLUSES.— "(A) IN GENERAL. — Except as provided in subparagraph (B), if, for any plan year, there is a shortfall or surplus in any premium account, the premium for the following plan year for each assigned operator shall be proportionately reduced or increased, whichever is applicable, by the amount of such shortfall or surplus. " (B) EXCEPTION.— Subparagraph (A) shall not apply to any surplus in the health benefit premium account or the unassigned beneficiaries premium account which is attributable to— "(i) the excess of the premiums credited to such account for a plan year over the benefits (and administrative costs) debited to such account for the plan year, but such excess shall only be available for purposes of the carryover described in section 9703(b)(2)(C)(ii) (relating to carryovers of premiums not used to provide benefits), or "(ii) interest credited under paragraph (2)(B) for the plan year or any preceding plan year. " (C) No AUTHORITY FOR INCREASED PAYMENTS.— Nothing in this paragraph shall be construed to allow expenditures for health care benefits for any plan year in excess of the limit under section 9703(b)(2). "(f) APPLICABLE PERCENTAGE. —For purposes of this section— "(1) IN GENERAL.— The term 'applicable percentage' means, with respect to any assigned operator, the percentage determined by dividing the number of eligible beneficiaries assigned under section 9706 to such operator by the total number of eligible beneficiaries assigned under section 9706 to all such operators (determined on the basis of assignments as of October 1, 1993). "(2) ANNUAL ADJUSTMENTS.—In the case of any plan year beginning on or after October 1, 1994, the applicable percentage for any assigned operator shall be redetermined under paragraph (1) by making the following changes to the assignments as of October 1, 1993: "(A) Such assignments shall be modified to reflect any changes during the period beginning October 1, 1993, and ending on the last day of the preceding plan year pursuant to the appeals process under section 9706(f). "(B) The total number of assigned eligible beneficiaries shall be reduced by the eligible beneficiaries of assigned operators which (and all related persons with respect to which) had ceased business (within the meaning of section 9701(c)(6)) during the period described in subparagraph (A). "(g) PAYMENT OF PREMIUMS.— "(1) IN GENERAL.— The annual premium under subsection (a) for any plan year shall be payable in 12 equal monthly

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