Pub. L. 112-141, div. D, tit. II, subtit. B, pt. II, sec. 40222 (as amended)
MULTIEMPLOYER ANNUAL PREMIUM RATES.
SEC. 40222. MULTIEMPLOYER ANNUAL PREMIUM RATES.
(a) In General.—Subparagraph (A) of section 4006(a)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended—
(1) by inserting “and before January 1, 2013,” after “December 31, 2005,” in clause (iv),
(2) by striking “or” at the end of clause (iii),
(3) by striking the period at the end of clause (iv) and inserting “, or”, and
(4) by adding at the end the following new clause:
“(v) in the case of a multiemployer plan, for plan years beginning after December 31, 2012, $12.00 for each individual who is a participant in such plan during the applicable plan year.”
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(b) Inflation Adjustment.—Paragraph (3) of section 4006(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is amended by adding at the end the following:
“(I) For each plan year beginning in a calendar year after 2013, there shall be substituted for the premium rate specified in clause (v) of subparagraph (A) an amount equal to the greater of—
“(i) the product derived by multiplying the premium rate specified in clause (v) of subparagraph (A) by the ratio of—
“(I) the national average wage index (as defined in section 209(k)(1) of the Social Security Act) for the first of the 2 calendar years preceding the calendar year in which such plan year begins, to
“(II) the national average wage index (as so defined) for 2011; and
“(ii) the premium rate in effect under clause (v) of subparagraph (A) for plan years beginning in the preceding calendar year.
If the amount determined under this subparagraph is not a multiple of $1, such product shall be rounded to the nearest multiple of $1.”
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