Page:United States Statutes at Large Volume 112 Part 2.djvu/32

 112 STAT. 916 PUBLIC LAW 105-219—AUG. 7, 1998 "(2) EXCEPTIONS. —In the case of any Federal credit union, the field of membership category of which is described in subsection (b)(2), the numerical limitation in paragraph (1) of this subsection shall not apply with respect to— "(A) any group that the Board determines, in writing and in accordance with the guidelines and regulations issued under paragraph (3), could not feasibly or reasonably establish a new single common-bond credit union, the field of membership category of which is described in subsection (b)(1) because— "(i) the group lacks sufficient volunteer and other resources to support the efficient and effective operation of a credit union; "(ii) the group does not meet the criteria that the Board has determined to be important for the likelihood of success in establishing and managing a new credit union, including demographic characteristics such as geographical location of members, diversity of ages and income levels, and other factors that may affect the financial viability and stability of a credit union; or "(iii) the group would be unlikely to operate a safe and sound credit union; "(B) any group transferred from another credit union— "(i) in connection with a merger or consolidation recommended by the Board or any appropriate State credit union supervisor based on safety and soundness concerns with respect to that other credit union; or "(ii) by the Board in the Board's capacity as conservator or liquidating agent with respect to that other credit union; or "(C) any group transferred in connection with a voluntary merger, having received conditional approval by the Administration of the merger application prior to October 25, 1996, but not having consummated the merger prior to October 25, 1996, if the merger is consummated not later than 180 days after the date of enactment of the Credit Union Membership Access Act. "(3) REGULATIONS AND GUIDELINES.— The Board shall issue guidelines or regulations, after notice and opportunity for comment, setting forth the criteria that the Board will apply in determining under this subsection whether or not an additional group may be included within the field of membership category of an existing credit union described in subsection (b)(2). " (e) ADDITIONAL MEMBERSHIP ELIGIBILITY PROVISIONS. — " (1) MEMBERSHIP ELIGIBILITY LIMITED TO IMMEDIATE FAMILY OR HOUSEHOLD MEMBERS.— No individual shall be eligible for membership in a credit union on the basis of the relationship of the individual to another person who is eligible for membership in the credit union, unless the individual is a member of the immediate family or household (as those terms are defined by the Board, by regulation) of the other person. "(2) RETENTION OF MEMBERSHIP.— Except as provided in section 118, once a person becomes a member of a credit union in accordance with this title, that person or organization may remain a member of that credit union until the person or

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