Page:United States Statutes at Large Volume 124.djvu/859

 124 STAT. 833 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(II) has paid premiums for enrollment in the program for at least 20 years; and ‘‘(III) is not actively employed. ‘‘(C) RECALCULATED PREMIUM IF REENROLLMENT AFTER MORE THAN A 3-MONTH LAPSE.— ‘‘(i) IN GENERAL.—The reenrollment of an indi- vidual after a 90-day period during which the indi- vidual failed to pay the monthly premium required to maintain the individual’s enrollment in the CLASS program shall be treated as an initial enrollment for purposes of age-adjusting the premium for enrollment in the program. ‘‘(ii) CREDIT FOR PRIOR MONTHS IF REENROLLED WITHIN 5 YEARS.—An individual who reenrolls in the CLASS program after such a 90-day period and before the end of the 5-year period that begins with the first month for which the individual failed to pay the monthly premium required to maintain the individual’s enrollment in the program shall be— ‘‘(I) credited with any months of paid pre- miums that accrued prior to the individual’s lapse in enrollment; and ‘‘(II) notwithstanding the total amount of any such credited months, required to satisfy section 3202(6)(A)(ii) before being eligible to receive bene- fits. ‘‘(D) NO LONGER STATUS AS A FULL-TIME STUDENT.— An individual subject to a nominal premium on the basis of being described in subsection (a)(1)(A)(ii)(I)(bb) who ceases to be described in that subsection, beginning with the first month following the month in which the individual ceases to be so described, shall be subject to the same monthly premium as the monthly premium that applies to an individual of the same age who first enrolls in the program under the most similar circumstances as the indi- vidual (such as the first year of eligibility for enrollment in the program or in a subsequent year). ‘‘(E) PENALTY FOR REENOLLMENT AFTER 5-YEAR LAPSE.— In the case of an individual who reenrolls in the CLASS program after the end of the 5-year period described in subparagraph (C)(ii), the monthly premium required for the individual shall be the age-adjusted premium that would be applicable to an initially enrolling individual who is the same age as the reenrolling individual, increased by the greater of— ‘‘(i) an amount that the Secretary determines is actuarially sound for each month that occurs during the period that begins with the first month for which the individual failed to pay the monthly premium required to maintain the individual’s enrollment in the CLASS program and ends with the month pre- ceding the month in which the reenollment is effective; or ‘‘(ii) 1 percent of the applicable age-adjusted pre- mium for each such month occurring in such period. ‘‘(2) ADMINISTRATIVE EXPENSES.—In determining the monthly premiums for the CLASS program the Secretary may