Page:United States Statutes at Large Volume 124.djvu/870

 124 STAT. 844 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(C) RECOMMENDATIONS.—If the Board of Trustees determines that enrollment trends and expected future ben- efit claims on the CLASS Independence Fund are not actuarially sound in regards to the projection under section 3203(b)(1)(B)(i) and are unlikely to be resolved with reason- able premium increases or through other means, the Board of Trustees shall include in the report provided for in subparagraph (A)(ii) recommendations for such legislative action as the Board of Trustees determine to be appro- priate, including whether to adjust monthly premiums or impose a temporary moratorium on new enrollments. ‘‘SEC. 3207. CLASS INDEPENDENCE ADVISORY COUNCIL. ‘‘(a) ESTABLISHMENT.—There is hereby created an Advisory Committee to be known as the ‘CLASS Independence Advisory Council’. ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The CLASS Independence Advisory Council shall be composed of not more than 15 individuals, not otherwise in the employ of the United States— ‘‘(A) who shall be appointed by the President without regard to the civil service laws and regulations; and ‘‘(B) a majority of whom shall be representatives of individuals who participate or are likely to participate in the CLASS program, and shall include representatives of older and younger workers, individuals with disabilities, family caregivers of individuals who require services and supports to maintain their independence at home or in another residential setting of their choice in the community, individuals with expertise in long-term care or disability insurance, actuarial science, economics, and other relevant disciplines, as determined by the Secretary. ‘‘(2) TERMS.— ‘‘(A) IN GENERAL.—The members of the CLASS Independence Advisory Council shall serve overlapping terms of 3 years (unless appointed to fill a vacancy occur- ring prior to the expiration of a term, in which case the individual shall serve for the remainder of the term). ‘‘(B) LIMITATION.—A member shall not be eligible to serve for more than 2 consecutive terms. ‘‘(3) CHAIR.—The President shall, from time to time, appoint one of the members of the CLASS Independence Advisory Council to serve as the Chair. ‘‘(c) DUTIES.—The CLASS Independence Advisory Council shall advise the Secretary on matters of general policy in the administra- tion of the CLASS program established under this title and in the formulation of regulations under this title including with respect to— ‘‘(1) the development of the CLASS Independence Benefit Plan under section 3203; ‘‘(2) the determination of monthly premiums under such plan; and ‘‘(3) the financial solvency of the program. ‘‘(d) APPLICATION OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of that Act, shall apply to the CLASS Independence Advisory Council. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— President. Appointment. Appointment. President. 42 USC 300ll–6. Determination.