95-3669. Assessments; Retention of Existing Assessment Rate Schedule for SAIF Member Institutions  

  • [Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
    [Proposed Rules]
    [Pages 9266-9270]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-3669]
    
    
    
    
    [[Page 9265]]
    
    _______________________________________________________________________
    
    Part VII
    
    
    
    
    
    Federal Deposit Insurance Corporation
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    12 CFR Part 327
    
    
    
    Assessments; Retention of Existing Rate Schedule for SAIF Member 
    Institutions and New Rate Schedule for BIF Member Institutions; 
    Proposed Rules
    
    Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / 
    Proposed Rules
    
    FEDERAL DEPOSIT INSURANCE CORPORATION
    
    12 CFR Part 327
    
    RIN--3064-AB59
    
    
    Assessments; Retention of Existing Assessment Rate Schedule for 
    SAIF Member Institutions
    
    AGENCY: Federal Deposit Insurance Corporation (FDIC).
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: Based upon the results of its semiannual review of the 
    recapitalization of the Savings Association Insurance Fund (SAIF) and 
    of the SAIF assessment rates, the Board of Directors of the FDIC 
    (Board) proposes to retain the existing assessment rate schedule 
    applicable to SAIF-member institutions. The effect of this proposal 
    would be that the SAIF assessment rate to be paid by SAIF members would 
    continue to range from 23 cents per $100 of domestic deposits to 31 
    cents per $100 of domestic deposits, depending on risk classification. 
    Through this proposed rulemaking, the FDIC is soliciting comments on 
    all aspects of its proposal to retain the existing assessment rate 
    schedule applicable to SAIF-member institutions.
    
    DATES: Written comments must be received by the FDIC on or before April 
    17, 1995.
    
    ADDRESSES: Written comments shall be addressed to the Office of the 
    Executive Secretary, Federal Deposit Insurance Corporation, 550 17th 
    Street, N.W., Washington, D.C. 20429. Comments may be hand-delivered to 
    Room F-400, 1776 F Street, N.W., Washington, D.C., on business days 
    between 8:30 a.m. and 5:00 p.m. (FAX number: 202/898-3838). Comments 
    will be available for inspection in Room 7118, 550 17th Street, N.W., 
    Washington, D.C. between 9:00 a.m. and 4:30 p.m. on business days.
    
    FOR FURTHER INFORMATION CONTACT: James R. McFadyen, Senior Financial 
    Analyst, Division of Research and Statistics (202/898-7027), Federal 
    Deposit Insurance Corporation, Washington, D.C. 20429.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background: SAIF Assessment Rates
    
        Section 7(b) of the Federal Deposit Insurance Act (FDI Act) (12 
    U.S.C. 1817(b)) requires that, if the SAIF reserve ratio is below the 
    designated reserve ratio of 1.25 percent, the FDIC shall set 
    assessments to increase the reserve ratio to the designated reserve 
    ratio.\1\ Section 7(b) of the FDI Act also requires a minimum SAIF 
    assessment that is at least as much as would be raised by an average 
    assessment rate of 18 basis points. The minimum assessment requirement 
    is in effect as long as the SAIF is not fully capitalized or has 
    outstanding borrowings under section 14 of the FDI Act. If either of 
    these two conditions exists as of January 1, 1998, the minimum 
    assessment requirement increases to a rate of 23 basis points. 
    [[Page 9266]] 
    
        \1\Currently, there is no recapitalization schedule for the SAIF 
    mandated by statute. However, as of January 1, 1998, the Board is 
    required to promulgate a recapitalization schedule that achieves the 
    designated reserve ratio within 15 years, except that the Board may 
    extend the recapitalization date to one which ``will, over time, 
    maximize the amount of semiannual assessments received by the SAIF, 
    net of insurance losses incurred by the Fund''.
    ---------------------------------------------------------------------------
    
        In order to achieve SAIF recapitalization, the FDIC Board of 
    Directors (Board) adopted a risk-related assessment matrix in September 
    1992 (see Table 1) which has remained unchanged. Previously, in 
    deciding against changes in the SAIF assessment rate, the Board has 
    considered the SAIF's expected operating expenses, case resolution 
    expenditures and income under a range of scenarios. The Board also has 
    considered the effect of an increase in the assessment rate on SAIF 
    members' earnings and capital. When first adopted, the assessment rate 
    schedule yielded a weighted average rate of 25.9 basis points. With 
    subsequent improvements in the industry and the migration of 
    institutions to lower rates within the assessment matrix, the average 
    rate has declined to 24 basis points (based on risk-based assessment 
    categories as of January 1, 1995 and the assessment base as of 
    September 30, 1994--see Table 2).
    
     Table 1.--SAIF-Member Assessment Rate Schedule For the First Semiannual
                            Assessment Period of 1995                       
                                 [Basis points]                             
    ------------------------------------------------------------------------
                                                             Supervisory    
                                                               subgroup     
                       Capital group                    --------------------
                                                           A      B      C  
    ------------------------------------------------------------------------
    Well capitalized...................................     23     26     29
    Adequately capitalized.............................     26     29     30
    Undercapitalized...................................     29     30     31
    ------------------------------------------------------------------------
    
    
                      Table 2.--SAIF-Member Assessment Rate Distribution As of September 30, 1994*                  
                                                  [Billions of dollars]                                             
    ----------------------------------------------------------------------------------------------------------------
                                                                                Supervisory subgroup                
                                                               -----------------------------------------------------
             Capital group                                              A                 B                 C       
                                                               -----------------------------------------------------
                                                                 Amount  Percent   Amount  Percent   Amount  Percent
    ----------------------------------------------------------------------------------------------------------------
        Well capitalized...........  Number...................    1,585     85.6      139      7.5       35      1.9
                                     Assets...................   $526.5     70.7   $109.9     14.8    $20.4      2.7
                                     Base.....................    386.6     72.3     74.5     13.9     15.3      2.9
        Adequately capitalized.....  Number...................       28      1.5       34      1.8       21      1.1
                                     Assets...................    $25.5      3.4    $22.0      3.0    $32.9      4.4
                                     Base.....................     15.7      2.9     15.9      3.0     21.5      4.0
        Under capitalized..........  Number...................        0      0.0        0      0.0       10      0.5
                                     Assets...................     $0.0      0.0     $0.0      0.0     $7.4      1.0
                                     Base.....................      0.0      0.0      0.0      0.0      5.7      1.1
    ----------------------------------------------------------------------------------------------------------------
    *``Base'' is the amount of deposits subject to SAIF assessments.                                                
    
        The primary source of funds for the SAIF is assessment revenue from 
    SAIF-member institutions. Since the creation of the fund and through 
    the end of 1992, however, all assessments from SAIF-member institutions 
    were diverted to other needs as required by the Financial Institutions 
    Reform, Recovery, and Enforcement Act of 1989 (FIRREA).2 Only 
    assessment revenue generated from Bank Insurance Fund (BIF) member 
    institutions that acquired SAIF-insured deposits under section 5(d)(3) 
    of the FDI Act (12 U.S.C. 1815(d)(3)) (so-called ``Oakar'' banks) was 
    deposited in the SAIF throughout this period. [[Page 9267]] 
    
        \2\From 1989 through 1992, more than 90 percent of SAIF 
    assessment revenue went to the FSLIC Resolution Fund (FRF), the 
    Resolution Funding Corporation (REFCORP) and the Financing 
    Corporation (FICO).
    ---------------------------------------------------------------------------
    
        SAIF-member assessment revenue began flowing into the SAIF on 
    January 1, 1993. However, the Financing Corporation (FICO) has a 
    priority claim on SAIF-member assessments in order to service FICO bond 
    obligations. Under existing statutory provisions, FICO has assessment 
    authority through 2019, the maturity year of its last bond issuance. At 
    approximately $779 million per year, the FICO draw is substantial, 
    representing nearly 45 percent of estimated assessment revenue for 
    1995, or 11 basis points of the average assessment rate of 24 basis 
    points. The SAIF had a balance of $1.8 billion (unaudited) on December 
    31, 1994. With primary resolution responsibility residing with the 
    Resolution Trust Corporation (RTC), there have been few demands on the 
    SAIF, but the authority of the RTC to place failed thrifts in 
    conservatorship or establish receiverships expires June 30, 1995.
        In addition to assessment revenues and investment income, there are 
    at least two other potential sources of funds for the SAIF. First, the 
    FDIC has a $30 billion line of credit available with the Department of 
    the Treasury (Treasury) for deposit insurance purposes, although the 
    SAIF has required no extension of credit. Second, the Resolution Trust 
    Corporation Completion Act (RTCCA) authorized the appropriation of up 
    to $8 billion in Treasury funds to pay for losses incurred by the SAIF 
    during fiscal years 1994 through 1998, to the extent of the 
    availability of appropriated funds and provided that certain 
    certifications are made to the Congress by the Chairman of the FDIC. 
    Among these, the Chairman must certify that the FDIC Board has 
    determined that:
    
        (1) SAIF members are unable to pay additional semiannual 
    assessments at the rates required to cover losses and to meet the 
    repayment schedule for any amount borrowed from the Treasury for 
    insurance purposes under the FDIC's line of credit without adversely 
    affecting the SAIF members' ability to raise capital or to maintain 
    the assessment base; and
        (2) An increase in assessment rates for SAIF members to cover 
    losses or meet any repayment schedule could reasonably be expected 
    to result in greater losses to the Government.
    
        The RTC's resolution activities and the thrift industry's 
    substantial reduction of troubled assets in recent years have resulted 
    in a relatively sound industry as the July 1, 1995 date for SAIF 
    resolution responsibility approaches. However, with a balance of $1.8 
    billion beginning 1995, the SAIF does not have a large cushion with 
    which to absorb the costs of thrift failures. The FDIC has 
    significantly reduced its projections of failed-thrift assets for 1995 
    and 1996, but the failure of a single large institution or an economic 
    downturn leading to higher than anticipated losses could render the 
    fund insolvent.
        Furthermore, there may soon be a substantial differential between 
    BIF and SAIF premiums. The BIF is expected to be recapitalized during 
    1995, at which time BIF premiums can be reduced far below current 
    levels. Largely due to the FICO obligation, the SAIF is not likely to 
    be recapitalized until 2002 (this projection is discussed below in 
    section III). A premium differential may have adverse consequences for 
    SAIF members, including reduced earnings and an impaired ability to 
    raise funds in the capital markets. Among the weakest thrifts, this 
    differential could result in competitive pressures that would lead to 
    additional failures. An analysis over a five year time span suggests 
    that any such increase in failures is likely to be sufficiently small 
    as to be manageable by the SAIF under current interest-rate and asset 
    quality conditions. Moreover, the analysis indicates that under harsher 
    interest-rate and asset-quality assumptions, these economic factors 
    would have a significantly greater effect on SAIF-member failure rates 
    than would a premium differential.
        While the premium differential is not expected to lead to 
    significant failures in the near term, it may lead to other adverse 
    results. A premium differential would also create a powerful incentive 
    for SAIF-insured institutions to minimize premium costs by shrinking 
    the base against which assessments are levied (currently domestic 
    deposits). This can be accomplished, despite the moratorium on 
    conversions of SAIF-insured deposits to BIF-insured deposits at these 
    institutions, by substituting nondeposit liabilities for SAIF-insured 
    deposits. These nondeposit liabilities are readily available and 
    include Federal Home Loan Bank (FHLB) advances and reverse repurchase 
    agreements. The net result could be an acceleration of the shrinkage of 
    the assessment base, thereby reducing assessment revenue. This could 
    threaten the ability to service the FICO obligation sometime near or 
    after the year 2000 and, over the longer term, frustrate the 
    capitalization of the SAIF. As shown in the following table, the 
    assessment base has been declining steadily since the fund was 
    established in 1989, although the decline was at a slower rate in 1994.
    
                                  Table 3.--SAIF Assessment Base and Insured Deposits*                              
                                              [Dollar amounts in billions]                                          
    ----------------------------------------------------------------------------------------------------------------
                                                                                   Est. Insured                     
                                           Assessment base     Percent change        deposits        Percent change 
    ----------------------------------------------------------------------------------------------------------------
        1989............................             $950.3                                $882.9                6.0
        1990............................              877.7               -7.6              830.0               -6.0
        1991............................              820.2               -6.5              776.4               -6.5
        1992............................              760.5               -7.3              729.5               -6.0
        1993............................              729.4               -4.1              695.6               -4.6
        1994............................              716.3               -1.8              687.3               -1.2
    ----------------------------------------------------------------------------------------------------------------
    *Includes conservatorships and Sasser institutions; adjusted for Oakar deposits. End-of-period domestic deposits
      are used to approximate the SAIF assessment base. The actual assessment base may be slightly less than        
      domestic deposits due to float adjustments, but period-to-period changes should be similar. Table 3 presents  
      end-of-period figures (the comparable table in earlier proposals used averages) to reflect the quarterly      
      billing system which becomes effective the second quarter of 1995.                                            
    
         [[Page 9268]] The FDIC's Legal Division has opined that SAIF 
    assessments paid by BIF-member Oakar banks should remain in the SAIF 
    and are not subject to FICO draws.3 Further, the Legal Division 
    has opined that SAIF assessments paid by any former savings association 
    that (i) has converted from a savings association charter to a bank 
    charter, and (ii) remains a SAIF member in accordance with section 
    5(d)(2)(G) of the FDI Act (12 U.S.C. 1815(d)(2)(G)) (a so-called 
    ``Sasser'' bank), are likewise not subject to draws by FICO.4 On 
    September 30, 1994, BIF-member Oakar banks held 23.3 percent of the 
    SAIF assessment base (see Table 4), and SAIF-member Sasser banks held 
    an additional 6.9 percent. While the pace of Oakar acquisitions is 
    likely to slow substantially as RTC resolution activity winds down in 
    1995, Oakar deposits may continue to grow at the same rate as BIF-
    member deposits and become a greater proportion of the SAIF assessment 
    base.5 This has the potential result of SAIF's having insufficient 
    assessments to cover the FICO obligation. The rate of Sasser 
    conversions is difficult to predict and is partially dependent on state 
    laws, but any future conversions would also decrease the proportion of 
    SAIF assessment revenues available to FICO. These factors are 
    considered in the projections of SAIF's recapitalization in section 
    III.
    
        \3\See Notice of FDIC General Counsel's Opinion No. 7, 60 FR 
    7055 (Feb. 6, 1995).
        \4\Id.
        \5\Under section 5(d)(3) of the FDI Act, as amended by FDICIA, 
    SAIF-insured deposits acquired by a BIF member are adjusted annually 
    by the acquiring institution's overall deposit growth rate 
    (excluding the effects of other mergers or acquisitions).
    
       Table 4.--SAIF-Insured Deposits Held by BIF-Member Oakar Banks as a  
                    Percent of SAIF Member Domestic Deposits*               
    ------------------------------------------------------------------------
                              Year                                Percent   
    ------------------------------------------------------------------------
    1991....................................................             7.5
    1992....................................................             9.7
    1993....................................................            18.4
    9/94....................................................           23.3 
    ------------------------------------------------------------------------
    *End-of-period figures; domestic deposits are adjusted for Oakar        
      deposits.                                                             
    
    II. Condition and Performance of SAIF-Member Institutions
    
        SAIF-member institutions numbered 1,869 on September 30, 1994, 
    including 1,794 thrift institutions and 75 commercial banks.6 
    While the total number of institutions is down from year-end 1993, 
    there is evidence of a growing industry. For the first three quarters 
    of 1994, these institutions increased their total assets by $6.8 
    billion (0.9 percent) based on loan growth of $6.3 billion. Total 
    capital grew at an even faster pace for the nine months, raising the 
    equity-to-assets ratio to 7.90 percent from 7.74 percent. The industry 
    continued to pare troubled assets during 1994. Noncurrent loans and 
    other real estate owned declined from 1.91 percent of total assets at 
    the beginning of 1994 to 1.43 percent by September 30.
    
        \6\Excluding RTC conservatorships and one self-liquidating 
    institution.
    ---------------------------------------------------------------------------
    
        The industry earned a return on assets of 0.62 percent for the 
    first three quarters of 1994. While this is less than the ROA of 0.72 
    percent earned in 1993, the earlier year included large one-time 
    accounting gains. Also, some institutions incurred large restructuring 
    charges in 1994 in order to dispose of troubled assets, which has 
    positioned them for higher profits in subsequent periods. Earnings in 
    1994 were hampered by smaller net interest margins, which fell from 
    3.35 for all of 1993 to 3.24 for the first nine months of 1994. In the 
    rising interest-rate environment, institutions' funding costs rose 
    faster than asset yields, although institutions with higher proportions 
    of adjustable-rate mortgages should be able to reprice a portion of 
    these loans within six months.
        This discussion has focused on the improving condition of the SAIF-
    member thrift industry, but any such discussion must mention the 
    relatively weak economic conditions still confronting a large segment 
    of the industry. Twenty-three percent of all SAIF member's total assets 
    are concentrated in the nation's seven largest thrift institutions, all 
    of which are headquartered in California. This state, in general, has 
    lagged behind most of the nation in recovering from the most recent 
    recession, and many California thrifts have significant exposure in the 
    weakest areas of southern California. Additionally, a few large 
    institutions have raised supervisory concerns due to low earnings and 
    relatively high levels of risk in their loan portfolios. Consequently, 
    despite the improving health of the thrift industry, the SAIF still 
    faces significant risk relative to the fund's current reserve level.
        The current assessment rate schedule for SAIF-member institutions 
    has a spread of 8 basis points from the lowest rate to the highest 
    rate, dependent on supervisory factors and capitalization. A proposed 
    assessment rate schedule for BIF-member institutions would increase the 
    spread for BIF members from the current 8 basis points to 27 basis 
    points. This would be accomplished by maintaining the current maximum 
    rate of 31 basis points and dropping the minimum, most favorable rate 
    to 4 basis points. Thus, the weakest BIF members would incur no 
    additional deposit insurance cost. In order to apply a similar 27-basis 
    point spread to SAIF members, it would be necessary to raise the 
    highest SAIF assessment rate to 45 to 50 basis points (based on a 
    lowest rate of 18 to 23 basis points). Because 85 percent of SAIF 
    members would continue to pay the lowest rate, the revenue benefit of a 
    27-basis point spread would be limited. However, a spread of that 
    magnitude could have significant adverse consequences for the SAIF by 
    greatly increasing expenses of its weakest members and, in all 
    likelihood, causing additional failures.
    
    III. New Projections for the SAIF
    
        In November 1994, the FDIC's interdivisional Bank and Thrift 
    Failure Working Group (Working Group) estimated failed SAIF-insured 
    institution assets at $3 billion for 1995 and $2 billion for 1996. The 
    1995 estimate of $3 billion is based on the FDIC Division of 
    Supervision's projected failure of specific institutions that likely 
    would occur in the second half of the year, when SAIF assumes 
    resolution responsibility from the RTC. The 1995 and 1996 estimates 
    were used in updating the Division of Research and Statistics' 
    projections of failed thrift assets, the fund balance and reserve 
    ratios.
        The updated projection indicates the SAIF reserve ratio will reach 
    1.25 percent in 2002, which is unchanged from the previous projection. 
    Also, this projection indicates the fund will not encounter problems 
    meeting the FICO obligation through 2012, the last year of the 
    projection. The results are shown in Table 5.
        The following assumptions were used:
         Failed-institution assets are based on the Working Group's 
    estimates for 1995 ($3 billion) and 1996 ($2 billion). Beyond 1996, the 
    assumed failed-asset rate for SAIF will be 22 basis points, or about $2 
    billion per year. This is lower than the historical loss rate for the 
    BIF because of the thrift industry's current low level of problem 
    assets.
         The nominal loss rate on failed thrift assets will be 13 
    percent.
         The asset growth rate for SAIF members will be zero, based 
    on the industry's recent experience.
         The SAIF assessment base will continue to shrink, at 2 
    percent per year. Under current conditions, the assessment base for 
    better capitalized thrifts is expected to be stable. Deposit shrinkage 
    was more prevalent at weaker thrifts during periods when some better-
    managed thrifts experienced deposit growth.7 However, the 
    emergence of a BIF/SAIF premium differential may encourage less 
    reliance on SAIF-assessable liabilities. The higher overall shrinkage 
    rates of recent years are not expected to continue because a 
    significant portion of the shrinkage was due to depositor flight from 
    the declining or low deposit interest rates which prevailed from 1990 
    to the latter part of 1994. Another portion of the shrinkage can be 
    attributed to deposit runoff at conservatorships and weakened thrifts. 
    [[Page 9269]] 
    
        \7\Deposit Flows at SAIF- and BIF-Insured Institutions: December 
    1988 to September 1992, Policy Research Division, Office of Thrift 
    Supervision, January 1993.
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         The Oakar deposit purchase rate will be zero, but Oakar 
    deposits will grow at 2 percent per year, the estimated growth rate for 
    BIF-member deposits. Under FDICIA, Oakar deposits are adjusted annually 
    by the acquiring institution's overall deposit growth rate. A 
    significant portion of Oakar deposits were acquired from the RTC, and 
    these opportunities have all but disappeared. The Riegle-Neal 
    Interstate Banking and Branching Efficiency Act of 1994 authorizes a 
    bank holding company to acquire out-of-state banks beginning September 
    29, 1995, and authorizes a bank to establish de novo out-of-state 
    branches beginning June 1, 1997 if the host state expressly permits 
    interstate branching through the establishment of de novo branches. 
    Thus, banks may no longer be confined to the acquisition of failed or 
    failing charters to enter states previously closed to them.
         The average assessment rate will be 24 basis points until 
    the SAIF is recapitalized, after which assessment rates are reduced to 
    the level necessary to maintain the reserve ratio at 1.25 percent.
    
            Table 5.--SAIF Fund Balance and Reserve Ratio Projections       
    ------------------------------------------------------------------------
                       Fund balance ($ billions)        Reserve ratio*      
                     -------------------------------------------------------
        Year-end                                      9/94      1/95 current
                          9/94      1/95 current   Projection    projection 
                       Projection   projection**    (percent)     (percent) 
    ------------------------------------------------------------------------
        1994........          $2.2          $1.8         0.31          0.26 
        1995........           2.9           2.4         0.43          0.35 
        1996........           3.7           3.3         0.55          0.49 
        1997........           4.4           4.1         0.67          0.61 
        1998........           5.1           4.8         0.79          0.74 
        1999........           5.7           5.6         0.92          0.86 
        2000........           6.4           6.5         1.05          1.00 
        2001........           7.1           7.3         1.19          1.14 
        2002........           7.3           8.0         1.25          1.25 
        2003........           6.8           7.9         1.25          1.25 
        2004........           7.0           7.8         1.25          1.25 
        2005........           6.8           7.8         1.25          1.25 
        2006........           6.7           7.7         1.25          1.25 
        2007........           6.5           7.7         1.25          1.25 
        2008........           6.4           7.6         1.25          1.25 
        2009........           6.3           7.6         1.25          1.25 
        2010........           6.2           7.6         1.25          1.25 
        2011........           6.0           7.5         1.25          1.25 
        2012........           5.9           7.5         1.25          1.25 
    ------------------------------------------------------------------------
    *After reaching 1.25 percent of insured deposits, the fund balance is   
      maintained at 1.25 percent of insured deposits.                       
    **The estimated year-end 1994 fund balance is less than was shown for   
      September because of loss reserves set aside in the fourth quarter.   
      The 1/95 projected fund balance incorporates an Oakar deposit growth  
      factor, whereas the 9/94 projection did not.                          
    
        As stated earlier, the Board has the authority to reduce SAIF 
    assessment rates to an average of 18 basis points until January 1, 
    1998, at which time the average rate would rise to 23 basis points 
    until recapitalization occurs. Projections made under this scenario 
    (and using the same other assumptions as above) indicate that the SAIF 
    would recapitalize in 2004, or two years later than under the existing 
    rate schedule.
    
    IV. FDIC Proposal Regarding SAIF-Member Assessment Rates
    
        Given the fund's relatively low balance and the imminent transfer 
    of resolution authority from the RTC to the SAIF on July 1, the SAIF 
    must be built as quickly as possible to its mandated reserve level. It 
    is recognized that a differential between BIF and SAIF premiums could 
    adversely affect some SAIF members, but the thrift industry has 
    demonstrated its ability to generate additional capital and reduce 
    troubled assets while paying deposit insurance premiums at the current 
    levels. Also, a shrinking assessment base is producing declining 
    revenue, which would be cut even further by lower assessment rates. The 
    FDIC staff has recommended that assessment rates within the risk-
    related assessment rate matrix remain at their current levels for the 
    second semiannual assessment period of 1995. The Board believes that 
    the minimum rate should not be reduced from the current 23 basis 
    points, and that an increase in the current spread of 8 basis points 
    from the lowest to the highest assessment rates would adversely impact 
    weakened institutions already in danger of failure.
    
    V. Summary
    
        Under the existing SAIF assessment rate schedule, which yields an 
    average assessment rate of 24 basis points, the fund is projected to 
    recapitalize in the year 2002, which is unchanged from prior 
    projections. The Board has the authority to reduce SAIF assessment 
    rates to 18 basis points until January 1, 1998, after which the average 
    rate must remain at 23 basis points or higher until recapitalization is 
    achieved. Reducing the average rate to 18 basis points is presently 
    projected to delay SAIF recapitalization for two years, until 2004. 
    Although the industry is relatively healthy, FDIC staff has recommended 
    [[Page 9270]] that the Board retain the existing assessment rate 
    schedule for the second semiannual assessment period of 1995 so that 
    recapitalization is accomplished as soon as possible. The SAIF had an 
    estimated balance of $1.8 billion (unaudited) at year-end 1994, and 
    SAIF assumes resolution responsibility from the RTC on July 1, 1995. 
    Although estimated failed-institution assets appear manageable for 1995 
    and 1996, the SAIF remains vulnerable in the short run to a single 
    large-institution failure and to any significant increase in 
    anticipated loss rates.
    
    VI. Request for Public Comment
    
        Based upon the results of its semiannual review of the 
    recapitalization of the SAIF and of the SAIF assessment rates, the FDIC 
    is inclined to retain the existing assessment rate schedule applicable 
    to SAIF-member institutions. The FDIC wishes to have the benefit of 
    public comment before ending its review for this period, however. The 
    FDIC therefore requests comment as to whether it is appropriate for the 
    FDIC to retain the existing assessment rate schedule applicable to 
    SAIF-members, or whether the rates should be lowered to the statutory 
    minimum of 18 basis points or some point in between. The FDIC is 
    interested in receiving analyses exploring the impact a differential 
    between BIF and SAIF premiums might have on SAIF members, and the FDIC 
    invites comment as to whether the current spread of 8 basis points from 
    the lowest to the highest assessment rates should be retained for SAIF 
    members. The FDIC solicits comment as to how lower SAIF rates would 
    impact current efforts to recapitalize the SAIF. The FDIC further 
    invites comments as to whether current rates are sufficient to 
    recapitalize the SAIF in an expeditious manner.
    
    VII. Paperwork Reduction Act
    
        No collection of information pursuant to section 3504(h) of the 
    Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) are contained 
    in this proposed rule. Consequently, no information has been submitted 
    to the Office of Management and Budget (OMB) for review.
    
    VIII. Regulatory Flexibility Analysis
    
        The Board hereby certifies that the proposed rule would not have a 
    significant economic impact on a substantial number of small entities 
    within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601, et 
    seq.). This proposed rule will not necessitate the development of 
    sophisticated recordkeeping or reporting systems by small institutions 
    nor will small institutions need to seek out the expertise of 
    specialized accountants, lawyers, or managers to comply with this 
    proposed rule. Therefore, the provisions of that Act regarding an 
    initial and final regulatory flexibility analysis (Id. at 603 and 604) 
    do not apply here.
    
    List of Subjects in 12 CFR Part 327
    
        Assessments, Bank deposit insurance, Banks, Banking, Financing 
    Corporation, Savings associations.
    
        For the reasons set forth in the preamble, the Board of Directors 
    of the Federal Deposit Insurance Corporation proposes to amend part 327 
    of title 12 of the Code of Federal Regulations as follows:
    
    PART 327--ASSESSMENTS
    
        1. The authority citation for part 327 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 1441, 1441b, 1817-1819.
    
        2. Paragraph (c)(1) of Sec. 327.9 as added at 59 FR 67165, 
    effective April 1, 1995, will be retained without change. The text of 
    paragraph (c)(1) is republished for the convenience of the reader to 
    read as follows:
    
    
    Sec. 327.9  Assessment rate schedules.
    
    * * * * *
        (c) SAIF members. (1) Subject to Sec. 327.4(c), the annual 
    assessment rate for each SAIF member shall be the rate designated in 
    the following schedule applicable to the assessment risk classification 
    assigned by the Corporation under Sec. 327.4(a) to that SAIF member 
    (the schedule utilizes the group and subgroup designations specified in 
    Sec. 327.4(a)):
    
                                    Schedule                                
    ------------------------------------------------------------------------
                                                             Supervisory    
                                                               subgroup     
                       Capital group                    --------------------
                                                           A      B      C  
    ------------------------------------------------------------------------
    1..................................................     23     26     29
    2..................................................     26     29     30
    3..................................................     29     30     31
    ------------------------------------------------------------------------
    
    * * * * *
        By the order of the Board of Directors.
    
        Dated at Washington, D.C., this 31 day of January, 1995.
    
    Federal Deposit Insurance Corporation.
    Robert E. Feldman,
    Acting Executive Secretary.
    [FR Doc. 95-3669 Filed 2-15-95; 8:45 am]
    BILLING CODE 6714-01-P
    
    

Document Information

Published:
02/16/1995
Department:
Federal Deposit Insurance Corporation
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-3669
Dates:
Written comments must be received by the FDIC on or before April 17, 1995.
Pages:
9266-9270 (5 pages)
PDF File:
95-3669.pdf
CFR: (2)
12 CFR 327.4(a))
12 CFR 327.9