Policy for Setting the Normal Operating Level, 72279-72283 [2021-27639]
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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Notices
agrees with the ECPC about the
importance of continued research and
stakeholder engagement on these topic
areas toward maintaining a relevant and
objective statistical classification
standard.
Therefore, OMB has decided to accept
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making no changes to the scope and
substance of those recommendations.
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Statistical Policy Directive No. 8, North
American Industry Classification
System: Classification of
Establishments; and for elimination of
Statistical Policy Directive No. 9,
Standard Industrial Classification of
Enterprises.
2. Titles and Descriptions
The North American Industry
Classification System, United States,
Manual includes titles and descriptions
of the industries and an alphabetic
index of illustrative activities classified
to industries. It is available online at:
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[FR Doc. 2021–27536 Filed 12–20–21; 8:45 am]
BILLING CODE 3110–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
Sharon I. Block,
Associate Administrator, Office of
Information and Regulatory Affairs.
Policy for Setting the Normal
Operating Level
Statistical Policy Directive No. 8
AGENCY:
North American Industry Classification
System: Classification of Establishments
The North American Industry
Classification System (NAICS) is to be
used to classify reporting establishments
by types of industrial activity in which
they are engaged. Details are presented
in the North American Industry
Classification System, United States,
issued by the Office of Management and
Budget, as amended and revised in the
future. Revisions are considered every
five years in calendar years ending with
2 and 7.
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groupings of industries as the Secretary
(Administrator) may determine to be
appropriate for the purpose of this Act
(regulation).’’ The use, interpretation,
and application of NAICS for
nonstatistical purposes is controlled by
and defined by the agencies or
regulations that use the statistical
standard for those nonstatistical
purposes.
1. Use for Federal Nonstatistical
Program Purposes
NAICS shall not be used in the
administration of any regulatory,
administrative, or tax program unless
the Secretary (Administrator) has first
determined that the use of such industry
definition is appropriate to the
implementation of the program’s
objectives. If the term ‘‘North American
Industry Classification System’’ (NAICS)
is to be used in the operative text of a
statute or regulation to define industry
(or trade or commerce), language similar
to the following should be used to
assure sufficient flexibility: ‘‘An
industry or grouping of industries shall
mean a North American Industry
Classification System industry or
grouping of industries as defined by the
Office of Management and Budget
subject to such modifications with
respect to individual industries or
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National Credit Union
Administration (NCUA).
ACTION: Notice.
In May 2021, the NCUA
Board (Board) invited comment on the
policy to set the National Credit Union
Share Insurance Fund (Share Insurance
Fund) Normal Operating Level (NOL).
The Board requested comment on eight
specific factors that impact the
calculation of the NOL. This final notice
responds to comments on these factors
as well as other subjects on which the
Board received comment in the notice.
FOR FURTHER INFORMATION CONTACT:
Russell Moore or Amy Ward, Risk
Analysis Officers, National Credit Union
Administration, Office of Examination,
and Insurance at (703) 518–6383 or
(703) 819–1770.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On September 28, 2017, the Board
approved the following actions: 1
• Closing the Temporary Corporate
Credit Union Stabilization Fund
(Stabilization Fund) and distributing its
funds, property, and other assets and
liabilities to the Share Insurance Fund,
effective October 1, 2017.
• Setting the NOL of the Insurance
Fund to 1.39 percent, effective
September 28, 2017.2
1 82
FR 46298 (Oct. 4, 2017).
Board last set the NOL at 1.38 percent on
December 9, 2019. The Board retained the 1.38
percent NOL at its December 17, 2020, meeting.
2 The
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• Adopting the policy for setting the
NOL, as outlined below.
Policy for Setting the NOL
The policy for setting the NOL was
adopted in 2017 and established a
periodic review of the equity needs of
the Share Insurance Fund, the results of
which are communicated to
stakeholders.3 At least annually, NCUA
staff reviews the level at which the NOL
is set and reports this information to the
Board. Board action is only necessary
when a change in the NOL is warranted.
The policy establishes that any change
to the NOL of more than one basis point
shall be made only after a public
announcement of the proposed
adjustment, with an opportunity for
comment.4 For any such adjustment, the
NCUA would issue a report and request
for comment that includes data
supporting the proposed adjustment.
The policy established the following
objectives for the Board to satisfy when
setting the NOL:
• Retain public confidence in federal
share insurance;
• Prevent impairment of the one
percent contributed capital deposit; 5
and
• Ensure the Share Insurance Fund
can withstand a moderate recession
without the equity ratio declining below
1.20 percent over a five-year period.
The current economic landscape and
pending resolution of the obligations
associated with the corporate credit
union asset management estates and
NCUA Guaranteed Notes (NGN)
Program, discussed later in this
document, warrant a re-evaluation of
the NCUA’s current NOL policy.
II. Legal Authority
Pursuant to the Federal Credit Union
Act (Act), the NOL is an equity ratio
specified by the Board, which may not
be less than 1.20 percent and not more
than 1.50 percent.6 The Board has
historically set the NOL as the target
equity ratio for the Share Insurance
Fund.
The Share Insurance Fund’s calendar
year-end equity ratio is part of the
statutory basis to determine whether the
3 As noted, the Board adopted this policy for
setting the NOL in 2017. The Board emphasizes
that, as a general statement of the NCUA’s policy
regarding setting the NOL, the Board is not required
to follow the notice-and-comment rulemaking
process when revising this policy. See 5 U.S.C.
553(b)(3)(a). Nevertheless, the Board voluntarily
solicited public input on this policy.
4 One basis point is one hundredth of one percent.
5 Federally insured credit unions are required to
maintain a deposit equal to one percent of their
insured shares with the Share Insurance Fund. 12
U.S.C. 1782(c)(1)(A)(i).
6 12 U.S.C. 1782(h)(4).
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NCUA must make a distribution to
insured credit unions.7 The Act states:
‘‘The Board shall [ . . . ] effect a pro
rata distribution to insured credit
unions after each calendar year if, as of
the end of that calendar year—
• Any loans to the Fund from the
Federal Government, and any interest
on those loans, have been repaid;
• The Fund’s equity ratio exceeds the
[NOL] and
• The Fund’s available assets ratio
exceeds 1.0 percent.’’ 8
The above provisions of the Act are
generally implemented at 12 CFR part
741 of the NCUA’s regulations.
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III. Current Normal Operating Level
Methodology and Process
To implement the current approved
policy, the NCUA developed a
calculation based on scenarios using the
following factors:
• The modeled performance of the
Share Insurance Fund over a five-year
period, assuming a moderate recession.
• The modeled potential decline in
value of the Share Insurance Fund’s
claims on the corporate asset
management estates in a moderate
recession; and
• The projected equity ratio decline
through the end of the following year,
assuming no economic downturn.
The stress scenario entails estimating
three primary drivers of outcomes:
insurance losses, insured share growth,
and yield on investments. Additionally,
the risk associated with the Share
Insurance Fund’s claims on, and
obligations related to, the asset
management estates of the five failed
corporate credit unions is a factor in this
analysis. The Share Insurance Fund’s
exposure related to the asset
management estates of the five failed
corporate credit unions has
substantially declined since the last
NGN trust matured on June 12, 2021.
Though the amount of time needed to
fully liquidate all the assets and satisfy
all the liabilities of the corporate asset
management estates will depend on
market factors and ongoing litigation,
the risk has significantly declined and
will continue to decline and end as the
residual assets are liquidated and the
estates closed. More information
regarding the NGN program and the
Corporate System Resolution may be
found on the NCUA’s public website.
7 The equity ratio is also part of the statutory basis
for determining whether a premium or Share
Insurance Fund restoration plan is necessary. The
unprecedented share growth related to the
pandemic resulted in an equity ratio of 1.26 percent
as of December 31, 2020, and an equity ratio of 1.23
percent as of June 30, 2021.
8 12 U.S.C. 1782(c)(3)(A). This section is also
subject to 12 U.S.C. 1790e(e).
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The NCUA’s stress analysis is based
on the Federal Reserve’s adverse
economic scenario and applied to the
primary drivers. However, the Federal
Reserve did not publish an adverse
scenario in 2020 or 2021; therefore, the
NCUA developed an adverse scenario
based on the average of the Federal
Reserve’s baseline and severely adverse
economic scenarios. Historically, this
has been a reasonable proxy for a
moderate recession. The absence of an
adverse scenario published by the
Federal Reserve and the pending
completion of the corporate resolution
program warrant a re-evaluation of the
current NOL policy.
IV. Comments on Normal Operating
Level and Responses
The Board sought comment on the
policy and approach for setting the NOL
of the Share Insurance Fund.
Commenters were encouraged to discuss
any other relevant issues for the Board
to consider. Specifically, the Board was
interested in comments addressing the
following factors:
• Should a moderate recession be the
basis for evaluating the Share Insurance
Fund performance during an economic
downturn, or should the NCUA change
the policy to consider a severe
recession?
• What data source(s) should the
NCUA use for determining the
characteristics of a potential moderate
or severe recession—the Federal Reserve
scenario, an independent source, or the
NCUA’s judgment?
• Should the NCUA continue
modeling the performance of the Share
Insurance Fund over a five-year period?
Should the period be longer or shorter?
• How should the NCUA utilize the
modeled potential decline in value of
the Share Insurance Fund’s claims on
the corporate asset management estates
going forward, until the estates are fully
resolved?
• Should the NCUA continue to
incorporate in the NOL analysis the
projected equity ratio decline through
the end of the following year without an
economic downturn? Should this period
be longer or shorter, or not factored into
the analysis at all?
• Given forecasting uncertainties and
timing challenges, would it be
reasonable for the NCUA to change the
requirement to request public comment
only if the NOL were to change by a
larger amount than just one basis point?
• Should the NOL be re-evaluated in
the midst of an economic downturn or
should it be left unchanged until the
onset of an economic recovery?
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• Should the NOL be re-evaluated on
qualitative factors based on the COVID–
19 pandemic?
• Is there any other information that
the Board should consider when setting
the NOL?
The Board received 23 comment
letters from credit union leagues, trade
associations, credit unions, and credit
union service organizations.
Moderate or Severe Recession
Most commenters stated a moderate
recession is an appropriate basis for
evaluating the Share Insurance Fund’s
performance during an economic
downturn. Commenters who did not
support using a severe recession cited
the few numbers of severe recessions
recorded in U.S. history and noted that
the low probability of losses stemming
from a severe economic event reduces
the utility of a severe recession as a
basis for modeling. The commenters
noted that the majority of the losses to
the Share Insurance Fund have been
from fraud, concentration risk, etc., and
not from severe economic factors; thus,
a model based on a severe recession
would not be useful. Commenters
expressed that NCUA’s own capital
planning requirements for credit unions
do not require credit unions to build
capital to accommodate high impact,
low probability events. The Board
agrees with the commenters and will
retain the moderate recession scenario
as the basis for modeling the NOL.
Data Sources
Commenters emphasized the need for
NCUA to use an independent source to
provide data for NCUA’s modeling of a
potential moderate or severe recession.
The majority of commenters supported
continuing to use the Federal Reserve as
this independent source, due to its
credibility in the industry and its wide
use among other banking agencies.
Several commenters favored an
independent source other than the
Federal Reserve or some combination of
the Federal Reserve and independent
sources. Most commenters
recommended the Board not use NCUA
judgement as an exclusive means for
modeling a moderate and severe
recession. Several commenters believed
NCUA judgment would be acceptable as
a backup means to define a moderate
recession when the specific Federal
Reserve scenario was not available.
Several commenters did express
concern that the Federal Reserve data
includes bank losses, which historically
have been greater than credit union
losses, and the impact this would have
on modeling for credit unions. The
Board emphasizes the Federal Reserve
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data used in the modeling process is
broad macroeconomic assumptions and
is not specific to any one industry. The
Board believes the Federal Reserve
scenarios are the best choice due to their
public availability and wide acceptance.
Other independent sources may not be
readily available for public scrutiny or
require subscriptions to be able to view.
Based on the feedback, the Board
believes the NCUA’s methodology of
using an average of the Federal
Reserve’s baseline and severely adverse
scenarios to approximate a moderate
recession is the best alternative.
Modeling Period
While commenters supported the
current use of a moderate recession in
the modeling process, many
commenters recommended the Board
shorten its modeling period from the
current policy of five years to a shorter
period of 18 months to three years.
Commenters suggested the current fiveyear period is no longer applicable
because it was put in place in 2017 to
account for the remaining maturity of
the NGN Program, which was set to
mature in 2021. Commenters expressed
that a shorter modeling period is also
more appropriate because the duration
of economic recessions was less than
five years. Commenters emphasized the
applicability of a shorter period, noting
the Federal Reserve baseline and
severely adverse recession scenarios are
based on 13 quarter terms. Other
commenters that supported using a
longer period than five years suggested
modeling consistent with business and
economic cycle trends that typically
exceed five years.
The Board disagrees with commenters
that state the Share Insurance Fund’s
performance horizon should be less
than five years. As outlined in its July
2017 Notice and discussed at the July
2017 Board meeting, a five-year horizon
for modeling the Share Insurance Fund
was selected for several reasons. One
compelling reason is that the National
Bureau of Economic Research—the notfor-profit research organization that
establishes the beginning and end of
U.S. business cycles—has calculated
that, from 1854 through 2020, the
United States has averaged 59 months
from the peak of one business cycle to
the next. If the modern era (1945 to
2020) is considered, this cycle extends
to 75 months.
Though a recession may end, the
economy may remain weak during the
recovery period. A struggling economy
also poses risks to credit unions, and a
thorough analysis of the Share
Insurance Fund’s equity position needs
to account for the period of continued
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economic weakness, which more
realistically reflects a recession’s effects
on the credit union industry. A primary
reason the NCUA’s projections extend
the Federal Reserve’s 39-month (13
quarters) scenario to 60 months is that
it may take more than 39 months for the
effects of the recession and the weak
recovery to produce losses. Five years is
also consistent with the agency’s
strategic planning cycle. Therefore, the
Board plans to retain a modeling
horizon of five years.
Potential Decline in Value of the Share
Insurance Fund’s Claims on the
Corporate Asset Management Estates
Many commenters recommended
eliminating the modeled potential
decline in value of the Share Insurance
Fund’s claims on corporate asset
management estates since the estates are
almost fully resolved and no longer pose
a material impact to the modeled
results. Commenters felt any remaining
impact of the corporate resolution
program is likely immaterial and
therefore not needed in the analysis.
The Board agrees with the
commenters. The last NGN certificate
matured in June of 2021. The remaining
assets of the corporate asset
management estates have not been fully
liquidated yet, but the Board agrees this
component in the NOL calculation can
be eliminated as the exposure has
significantly declined and will be fully
resolved within the next modeling
period.
Decline in the Equity Ratio Through the
End of the Following Year Without an
Economic Downturn
The majority of comments on this
issue supported eliminating the
projected equity ratio decline from the
NOL analysis through the end of the
following year without an economic
downturn. The rationale provided was
the near completion of the NGN
Program, which negates the need to
analyze the projected equity ratio
decline through the end of the following
year as a backstop to ensure the Share
Insurance Fund could stay above 1.2
percent under a moderate recession
during the remaining life of the NGNs.
One commenter supported retaining the
analysis and suggested that the NCUA
standardize the period used in the
forecast.
The Board agrees with the
commenters. This component of the
NOL calculation was originally
intended to protect against a decline in
the equity ratio while the NGNs were
outstanding. The NGNs have all
matured, and while there are remaining
Legacy Assets, the impact of a decline
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in their value is no longer significant to
this analysis.
Public Comment Only if the Normal
Operating Level Were To Change by a
Larger Amount Than One Basis Point
Fourteen commenters offered
comments on NCUA’s current policy of
notifying and requesting public
comment in the event the NOL changes
by more than one basis point. Nine of
these commenters favored keeping this
requirement in the policy, with most
citing the potential impact on credit
unions and transparency as the basis for
their view. One commenter expressed
that even one basis point reflects a large
dollar amount and has a material impact
on individual credit unions.
The current policy to notify and
request comment is necessary to provide
transparency involving actions taken
regarding the management of the Share
Insurance Fund. Commenters believe it
is sound public policy to provide
stakeholders the opportunity to
participate in considerations of even
modest adjustments to the NOL and
other adjustments that impact the Share
Insurance Fund (referring to the
Overhead Transfer Rate). One
commenter supported continuation of
the notice and comment practice but
suggested a range of three to five basis
points would provide the Board
sufficient latitude to adjust the NOL
without a full comment period.
Two commenters stated public
comment is warranted any time the
NOL calculation results in an NOL
above 1.3 percent. Individual
commenters expressed the following:
• NCUA eliminating the comment
requirement for a one basis point change
is concerning because it may trigger
NCUA to make a series of one basis
point increases without the opportunity
for public comment.
• Public comment is only necessary if
the change prompts a required premium
for all credit unions.
• Public comment should be required
for all NOL changes, regardless of
amount.
Many of the commenters stressed the
importance for the Board to consider
setting the NOL at a level that achieves
a balance between a stable Share
Insurance Fund equity position and
minimizing financial strain on credit
unions. Commenters noted that
preserving as much members’ equity as
possible supports a credit union’s
mission of providing products and
services to their members. Commenters
also noted the majority of credit unions
are well capitalized and pose little risk
to the Share Insurance Fund. Credit
unions with higher risk to the Share
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Insurance Fund are properly identified
and working toward resolution, as
evidenced by the low number of failures
that pose a cost to the Share Insurance
Fund.
Many commenters expressed the
prolonged history and adequacy of a
NOL of 1.3 percent, stating the Board is
provided sufficient tools within the Act
(premiums and distributions) to manage
the Share Insurance Fund’s equity
within the statutory range of 1.2 percent
and 1.5 percent. Many of these
commenters cited the more recent NOLs
the Board set at 1.39 percent in 2017
and 1.38 percent in 2019 were based on
the closure of the Temporary Corporate
Credit Union Stabilization Fund
(Stabilization Fund) and the
consolidation of the Stabilization
Funds’ assets and liabilities into the
Share Insurance Fund. In the
commenters’ view, these do not reflect
an appropriate NOL going forward.
Other commenters expressed concern
over NCUA’s budget. These commenters
focused on the agency’s need to manage
expenses to reduce the Share Insurance
Funds’ obligation to fund a portion of
NCUA’s operating budget, thus
maintaining higher levels of equity in
the Share Insurance Fund and
minimizing the credit union industry’s
obligation.
The Board agrees public comment,
although not required, could be helpful
when considering a change to the NOL
policy or methodology. The Board also
wishes to clarify two points that may
have confused some commenters.
Several commenters stated public
comment should be requested anytime
the NOL results in a premium or
potential premium. The NOL does not
trigger a premium, but rather establishes
the point above which a distribution is
required. The actual equity ratio is
measured against the NOL to determine
if a distribution is required. The Board
may only levy premiums when the
Share Insurance Fund’s actual equity
ratio falls below 1.30 percent. Even if
the actual equity ratio is below 1.30
percent, the Board weighs other factors,
including financial projections, prior to
determining whether to assess a
premium.
The Board believes the NOL must be
set based on a quantitative and
qualitative analysis, with the
quantitative analysis being the primary
driver in setting the NOL and the
qualitative factors considered by the
Board, as appropriate. The Board agrees
with commenters that a request for
public comment, although not required,
is helpful if the NOL changes. The
Board will continue seeking public
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comment when the NOL changes by
more than one basis point.
Should the NOL be re-evaluated in the
midst of an economic downturn or
should it be left unchanged until the
onset of an economic recovery?
Ten commenters responded to the
issue of whether the NCUA should
reevaluate the NOL in an economic
downturn or leave it unchanged until
the onset of an economic recovery.
Three commenters stated the NOL
should be continuously evaluated and
one stated the NOL should not be
changed. The remaining commenters
emphasized the need for the process to
be standardized and for NCUA to strike
a balance between safeguarding the
Share Insurance Fund and avoiding
overburdening credit unions and their
members.
The Board believes the current
process is standardized and based on
the risk inherent in the Share Insurance
Fund. The recent economic downturn
due to the COVID–19 pandemic resulted
in unusual share growth and volatility
in the financial markets. The Board will
continue to apply a standardized
approach to calculating the NOL while
also using experience and judgment to
determine if the NOL should remain
unchanged under such circumstances.
single events such as the current
pandemic and the methodology should
be quantitative and qualitative, with the
quantitative analysis being the primary
driver in setting the NOL and the
qualitative factors considered by the
Board, as appropriate. In terms of
qualitative factors, the Board reserves
the right to consider environmental
factors in the decision to change the
NOL or retain it at its current level given
all available information. Unusual nonquantitative factors affecting the
decision regarding the NOL may be
disclosed if the impact is material.
Is there any other information that the
Board should consider when setting the
NOL?
Fourteen commenters offered
responses regarding additional
information the Board should consider
when setting the NOL. Nine
commenters suggested the Board set the
NOL at the pre-2017 level of 1.30
percent. The rationales presented
include:
• The risk from the merger of the
Stabilization Fund no longer exists,
• The Board cannot assess a premium
when the equity ratio is above 1.30
percent, and
• The NCUA should not hold more
equity than legally required, except for
identifiable losses.
Should the Normal Operating Level be
Commenters also voiced opposition to
re-evaluated on qualitative factors based any statutory changes removing the 1.50
on the COVID–19 pandemic?
percent NOL ceiling or removing the
restriction on premiums when the
Ten commenters responded to the
equity ratio is at or above 1.30 percent.
question regarding whether the NOL
Several commenters stated the NCUA
should be re-evaluated on qualitative
should convert all Share Insurance
factors based on the COVID–19
pandemic. Seven commenters stated the Fund accounting to private generally
accepted accounting principles (GAAP)
NCUA should not re-evaluate the NOL
to allow for earlier recognition of the
based on abnormal events with a high
one percent capitalization deposit
level of uncertainty. Several
adjustment. One commenter stated that,
commenters stated they were opposed
if the NCUA wanted to manage to a NOL
to the inclusion of qualitative factors as
higher than 1.30 percent, there would be
it would reduce transparency. Three
a couple of options, including but not
commenters stated some support for
limited to cutting operating expenses,
evaluating factors due to an economic
increasing investment yields, or using
downturn. One commenter stated the
its borrowing authority. Finally, one
NOL should be evaluated holistically,
commenter recommended the Board
accounting for both data and
reconsider the current NOL policy
environmental factors. Another
objectives. The commenter stated the
commenter expressed support for a
NOL does not prevent impairment of the
policy that is based on historical record
contributed capital deposit and setting
that all U.S. recessions would last only
the NOL has very little to do with public
a few months, as has generally been the
case since the Great Depression. Finally, confidence in federal share insurance
and the equity ratio declining below
one commenter reiterated that the NOL
should always be re-evaluated based on 1.20 percent over a five-year period.
qualitative factors, but the policy should What matters is identifying and
preparing for risks that threaten the
be to look beyond the numbers and
Share Insurance Fund’s equity ratio.
make decisions based on actual or
The Board does not agree with
perceived risk to the Share Insurance
arbitrarily setting the NOL. The NOL
Fund and the credit union industry.
represents the level of equity the Share
The Board agrees the NOL policy
Insurance Fund should have to meet the
should not be constructed to react to
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policy objectives based on a robust
modeling of risk.
While commenters provided feedback
opposing any statutory changes
removing the 1.50 percent ceiling on the
equity ratio or the 1.30 percent cap on
the Board’s ability to charge a premium,
the Board has determined these
comments are outside the scope of this
request. These changes would be a
matter for Congress to decide. However,
the current statutory restrictions are a
constraint on the Board’s ability to
pursue a counter-cyclical approach to
managing the Share Insurance Fund.
Regarding changing the accounting
methodology for the Share Insurance
Fund, the NCUA offers the following
response. GAAP treatment does not
directly tie to the NOL policy and is
considered beyond the scope of this
request. This can be considered
separately as appropriate.
With respect to the audit, the NCUA’s
Office of Inspector General engages an
independent auditor to express an
opinion on the NCUA’s financial
statements based on their audit and in
accordance with auditing standards.
The 2020 audit opinion indicated the
Share Insurance Fund’s financial
statements present fairly, in all material
respects, the financial position of the
Share Insurance Fund in accordance
with U.S. GAAP. Share Insurance Fund
footnote disclosure numbers eight and
fourteen include detailed financial
information about the NGN program and
the Asset Management Estate Fiduciary
Revenues, Expenses, Assets and
Liabilities. These footnote disclosures
and the amounts contained within them
are fully audited as part of the Share
VerDate Sep<11>2014
18:02 Dec 20, 2021
Jkt 256001
Insurance Fund’s financial statement
audit.
With regard to the comments stating
that if the NCUA wanted to manage to
an NOL higher than 1.30 percent there
would be a couple of options, including
cutting operating expenses, increasing
investment yields, or using its
borrowing authority, the Board notes
that it controls operating expenses to the
extent possible consistent with having
sufficient resources to achieve the
agency’s mission. The Board has limited
options to increase investment yields, as
those are determined by the market and
the Share Insurance Fund is limited by
law to investing in ‘‘any interest-bearing
securities of the United States or in any
securities guaranteed as to both
principal and interest by the United
States or in bonds or other obligations
which are lawful investments for
fiduciary, trust, and public funds of the
United States.’’ 9 Finally, borrowing
funds on behalf of the Share Insurance
Fund would be a liability and would not
increase the equity ratio.
Regarding the commenter who offered
specific comments on the NOL policy
objectives, the Board offers the
following responses: The Board believes
having a robust methodology to
determine what level of equity the Share
Insurance Fund would need to prevent
impairment of the one percent
capitalization deposit, and to prevent it
from falling below 1.20 percent over five
years in a moderate recession, bolsters
public confidence. The Board agrees
that it is important to identify and
prepare for risks that threaten the Share
Insurance Fund. The NOL policy is
72283
designed to determine the risk to Share
Insurance Fund under a stressed
environment, which is when losses
generally occur.
Final Action
The Board will retain the current
objectives for setting the NOL. When
setting the NOL, the Board will seek to
satisfy the following objectives:
• Retain public confidence in federal
share insurance;
• Prevent impairment of the one
percent contributed capital deposit; and
• Maintain the Share Insurance Fund
through a moderate recession without
the equity ratio declining below 1.20
percent over a five-year period.
The impact of changes in value of the
corporate asset management estates and
the decline in the equity ratio through
the end of the following year without an
economic downturn will be removed
from the NOL calculation. The Board
will continue to use a decline in the
Share Insurance Fund’s equity in a
moderate recession to estimate the
additional equity needed to prevent the
equity ratio from falling below 1.20
percent. Any change to the normal
operating level of more than 1 basis
point shall be made only after a public
announcement of the proposed
adjustment and opportunity for
comment. In soliciting comment, the
NCUA will issue a public report,
including data supporting the proposal.
By the National Credit Union
Administration Board on December 16, 2021.
Melane Conyers-Ausbrooks,
Secretary of the Board.
[FR Doc. 2021–27639 Filed 12–20–21; 8:45 am]
9 12
PO 00000
U.S.C. 1783(c).
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Agencies
[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Notices]
[Pages 72279-72283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27639]
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NATIONAL CREDIT UNION ADMINISTRATION
Policy for Setting the Normal Operating Level
AGENCY: National Credit Union Administration (NCUA).
ACTION: Notice.
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SUMMARY: In May 2021, the NCUA Board (Board) invited comment on the
policy to set the National Credit Union Share Insurance Fund (Share
Insurance Fund) Normal Operating Level (NOL). The Board requested
comment on eight specific factors that impact the calculation of the
NOL. This final notice responds to comments on these factors as well as
other subjects on which the Board received comment in the notice.
FOR FURTHER INFORMATION CONTACT: Russell Moore or Amy Ward, Risk
Analysis Officers, National Credit Union Administration, Office of
Examination, and Insurance at (703) 518-6383 or (703) 819-1770.
SUPPLEMENTARY INFORMATION:
I. Background
On September 28, 2017, the Board approved the following actions:
\1\
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\1\ 82 FR 46298 (Oct. 4, 2017).
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Closing the Temporary Corporate Credit Union Stabilization
Fund (Stabilization Fund) and distributing its funds, property, and
other assets and liabilities to the Share Insurance Fund, effective
October 1, 2017.
Setting the NOL of the Insurance Fund to 1.39 percent,
effective September 28, 2017.\2\
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\2\ The Board last set the NOL at 1.38 percent on December 9,
2019. The Board retained the 1.38 percent NOL at its December 17,
2020, meeting.
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Adopting the policy for setting the NOL, as outlined
below.
Policy for Setting the NOL
The policy for setting the NOL was adopted in 2017 and established
a periodic review of the equity needs of the Share Insurance Fund, the
results of which are communicated to stakeholders.\3\ At least
annually, NCUA staff reviews the level at which the NOL is set and
reports this information to the Board. Board action is only necessary
when a change in the NOL is warranted. The policy establishes that any
change to the NOL of more than one basis point shall be made only after
a public announcement of the proposed adjustment, with an opportunity
for comment.\4\ For any such adjustment, the NCUA would issue a report
and request for comment that includes data supporting the proposed
adjustment. The policy established the following objectives for the
Board to satisfy when setting the NOL:
---------------------------------------------------------------------------
\3\ As noted, the Board adopted this policy for setting the NOL
in 2017. The Board emphasizes that, as a general statement of the
NCUA's policy regarding setting the NOL, the Board is not required
to follow the notice-and-comment rulemaking process when revising
this policy. See 5 U.S.C. 553(b)(3)(a). Nevertheless, the Board
voluntarily solicited public input on this policy.
\4\ One basis point is one hundredth of one percent.
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Retain public confidence in federal share insurance;
Prevent impairment of the one percent contributed capital
deposit; \5\ and
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\5\ Federally insured credit unions are required to maintain a
deposit equal to one percent of their insured shares with the Share
Insurance Fund. 12 U.S.C. 1782(c)(1)(A)(i).
---------------------------------------------------------------------------
Ensure the Share Insurance Fund can withstand a moderate
recession without the equity ratio declining below 1.20 percent over a
five-year period.
The current economic landscape and pending resolution of the
obligations associated with the corporate credit union asset management
estates and NCUA Guaranteed Notes (NGN) Program, discussed later in
this document, warrant a re-evaluation of the NCUA's current NOL
policy.
II. Legal Authority
Pursuant to the Federal Credit Union Act (Act), the NOL is an
equity ratio specified by the Board, which may not be less than 1.20
percent and not more than 1.50 percent.\6\ The Board has historically
set the NOL as the target equity ratio for the Share Insurance Fund.
---------------------------------------------------------------------------
\6\ 12 U.S.C. 1782(h)(4).
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The Share Insurance Fund's calendar year-end equity ratio is part
of the statutory basis to determine whether the
[[Page 72280]]
NCUA must make a distribution to insured credit unions.\7\ The Act
states:
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\7\ The equity ratio is also part of the statutory basis for
determining whether a premium or Share Insurance Fund restoration
plan is necessary. The unprecedented share growth related to the
pandemic resulted in an equity ratio of 1.26 percent as of December
31, 2020, and an equity ratio of 1.23 percent as of June 30, 2021.
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``The Board shall [ . . . ] effect a pro rata distribution to
insured credit unions after each calendar year if, as of the end of
that calendar year--
Any loans to the Fund from the Federal Government, and any
interest on those loans, have been repaid;
The Fund's equity ratio exceeds the [NOL] and
The Fund's available assets ratio exceeds 1.0 percent.''
\8\
---------------------------------------------------------------------------
\8\ 12 U.S.C. 1782(c)(3)(A). This section is also subject to 12
U.S.C. 1790e(e).
---------------------------------------------------------------------------
The above provisions of the Act are generally implemented at 12 CFR
part 741 of the NCUA's regulations.
III. Current Normal Operating Level Methodology and Process
To implement the current approved policy, the NCUA developed a
calculation based on scenarios using the following factors:
The modeled performance of the Share Insurance Fund over a
five-year period, assuming a moderate recession.
The modeled potential decline in value of the Share
Insurance Fund's claims on the corporate asset management estates in a
moderate recession; and
The projected equity ratio decline through the end of the
following year, assuming no economic downturn.
The stress scenario entails estimating three primary drivers of
outcomes: insurance losses, insured share growth, and yield on
investments. Additionally, the risk associated with the Share Insurance
Fund's claims on, and obligations related to, the asset management
estates of the five failed corporate credit unions is a factor in this
analysis. The Share Insurance Fund's exposure related to the asset
management estates of the five failed corporate credit unions has
substantially declined since the last NGN trust matured on June 12,
2021. Though the amount of time needed to fully liquidate all the
assets and satisfy all the liabilities of the corporate asset
management estates will depend on market factors and ongoing
litigation, the risk has significantly declined and will continue to
decline and end as the residual assets are liquidated and the estates
closed. More information regarding the NGN program and the Corporate
System Resolution may be found on the NCUA's public website.
The NCUA's stress analysis is based on the Federal Reserve's
adverse economic scenario and applied to the primary drivers. However,
the Federal Reserve did not publish an adverse scenario in 2020 or
2021; therefore, the NCUA developed an adverse scenario based on the
average of the Federal Reserve's baseline and severely adverse economic
scenarios. Historically, this has been a reasonable proxy for a
moderate recession. The absence of an adverse scenario published by the
Federal Reserve and the pending completion of the corporate resolution
program warrant a re-evaluation of the current NOL policy.
IV. Comments on Normal Operating Level and Responses
The Board sought comment on the policy and approach for setting the
NOL of the Share Insurance Fund. Commenters were encouraged to discuss
any other relevant issues for the Board to consider. Specifically, the
Board was interested in comments addressing the following factors:
Should a moderate recession be the basis for evaluating
the Share Insurance Fund performance during an economic downturn, or
should the NCUA change the policy to consider a severe recession?
What data source(s) should the NCUA use for determining
the characteristics of a potential moderate or severe recession--the
Federal Reserve scenario, an independent source, or the NCUA's
judgment?
Should the NCUA continue modeling the performance of the
Share Insurance Fund over a five-year period? Should the period be
longer or shorter?
How should the NCUA utilize the modeled potential decline
in value of the Share Insurance Fund's claims on the corporate asset
management estates going forward, until the estates are fully resolved?
Should the NCUA continue to incorporate in the NOL
analysis the projected equity ratio decline through the end of the
following year without an economic downturn? Should this period be
longer or shorter, or not factored into the analysis at all?
Given forecasting uncertainties and timing challenges,
would it be reasonable for the NCUA to change the requirement to
request public comment only if the NOL were to change by a larger
amount than just one basis point?
Should the NOL be re-evaluated in the midst of an economic
downturn or should it be left unchanged until the onset of an economic
recovery?
Should the NOL be re-evaluated on qualitative factors
based on the COVID-19 pandemic?
Is there any other information that the Board should
consider when setting the NOL?
The Board received 23 comment letters from credit union leagues,
trade associations, credit unions, and credit union service
organizations.
Moderate or Severe Recession
Most commenters stated a moderate recession is an appropriate basis
for evaluating the Share Insurance Fund's performance during an
economic downturn. Commenters who did not support using a severe
recession cited the few numbers of severe recessions recorded in U.S.
history and noted that the low probability of losses stemming from a
severe economic event reduces the utility of a severe recession as a
basis for modeling. The commenters noted that the majority of the
losses to the Share Insurance Fund have been from fraud, concentration
risk, etc., and not from severe economic factors; thus, a model based
on a severe recession would not be useful. Commenters expressed that
NCUA's own capital planning requirements for credit unions do not
require credit unions to build capital to accommodate high impact, low
probability events. The Board agrees with the commenters and will
retain the moderate recession scenario as the basis for modeling the
NOL.
Data Sources
Commenters emphasized the need for NCUA to use an independent
source to provide data for NCUA's modeling of a potential moderate or
severe recession. The majority of commenters supported continuing to
use the Federal Reserve as this independent source, due to its
credibility in the industry and its wide use among other banking
agencies. Several commenters favored an independent source other than
the Federal Reserve or some combination of the Federal Reserve and
independent sources. Most commenters recommended the Board not use NCUA
judgement as an exclusive means for modeling a moderate and severe
recession. Several commenters believed NCUA judgment would be
acceptable as a backup means to define a moderate recession when the
specific Federal Reserve scenario was not available.
Several commenters did express concern that the Federal Reserve
data includes bank losses, which historically have been greater than
credit union losses, and the impact this would have on modeling for
credit unions. The Board emphasizes the Federal Reserve
[[Page 72281]]
data used in the modeling process is broad macroeconomic assumptions
and is not specific to any one industry. The Board believes the Federal
Reserve scenarios are the best choice due to their public availability
and wide acceptance. Other independent sources may not be readily
available for public scrutiny or require subscriptions to be able to
view. Based on the feedback, the Board believes the NCUA's methodology
of using an average of the Federal Reserve's baseline and severely
adverse scenarios to approximate a moderate recession is the best
alternative.
Modeling Period
While commenters supported the current use of a moderate recession
in the modeling process, many commenters recommended the Board shorten
its modeling period from the current policy of five years to a shorter
period of 18 months to three years. Commenters suggested the current
five-year period is no longer applicable because it was put in place in
2017 to account for the remaining maturity of the NGN Program, which
was set to mature in 2021. Commenters expressed that a shorter modeling
period is also more appropriate because the duration of economic
recessions was less than five years. Commenters emphasized the
applicability of a shorter period, noting the Federal Reserve baseline
and severely adverse recession scenarios are based on 13 quarter terms.
Other commenters that supported using a longer period than five years
suggested modeling consistent with business and economic cycle trends
that typically exceed five years.
The Board disagrees with commenters that state the Share Insurance
Fund's performance horizon should be less than five years. As outlined
in its July 2017 Notice and discussed at the July 2017 Board meeting, a
five-year horizon for modeling the Share Insurance Fund was selected
for several reasons. One compelling reason is that the National Bureau
of Economic Research--the not-for-profit research organization that
establishes the beginning and end of U.S. business cycles--has
calculated that, from 1854 through 2020, the United States has averaged
59 months from the peak of one business cycle to the next. If the
modern era (1945 to 2020) is considered, this cycle extends to 75
months.
Though a recession may end, the economy may remain weak during the
recovery period. A struggling economy also poses risks to credit
unions, and a thorough analysis of the Share Insurance Fund's equity
position needs to account for the period of continued economic
weakness, which more realistically reflects a recession's effects on
the credit union industry. A primary reason the NCUA's projections
extend the Federal Reserve's 39-month (13 quarters) scenario to 60
months is that it may take more than 39 months for the effects of the
recession and the weak recovery to produce losses. Five years is also
consistent with the agency's strategic planning cycle. Therefore, the
Board plans to retain a modeling horizon of five years.
Potential Decline in Value of the Share Insurance Fund's Claims on the
Corporate Asset Management Estates
Many commenters recommended eliminating the modeled potential
decline in value of the Share Insurance Fund's claims on corporate
asset management estates since the estates are almost fully resolved
and no longer pose a material impact to the modeled results. Commenters
felt any remaining impact of the corporate resolution program is likely
immaterial and therefore not needed in the analysis.
The Board agrees with the commenters. The last NGN certificate
matured in June of 2021. The remaining assets of the corporate asset
management estates have not been fully liquidated yet, but the Board
agrees this component in the NOL calculation can be eliminated as the
exposure has significantly declined and will be fully resolved within
the next modeling period.
Decline in the Equity Ratio Through the End of the Following Year
Without an Economic Downturn
The majority of comments on this issue supported eliminating the
projected equity ratio decline from the NOL analysis through the end of
the following year without an economic downturn. The rationale provided
was the near completion of the NGN Program, which negates the need to
analyze the projected equity ratio decline through the end of the
following year as a backstop to ensure the Share Insurance Fund could
stay above 1.2 percent under a moderate recession during the remaining
life of the NGNs. One commenter supported retaining the analysis and
suggested that the NCUA standardize the period used in the forecast.
The Board agrees with the commenters. This component of the NOL
calculation was originally intended to protect against a decline in the
equity ratio while the NGNs were outstanding. The NGNs have all
matured, and while there are remaining Legacy Assets, the impact of a
decline in their value is no longer significant to this analysis.
Public Comment Only if the Normal Operating Level Were To Change by a
Larger Amount Than One Basis Point
Fourteen commenters offered comments on NCUA's current policy of
notifying and requesting public comment in the event the NOL changes by
more than one basis point. Nine of these commenters favored keeping
this requirement in the policy, with most citing the potential impact
on credit unions and transparency as the basis for their view. One
commenter expressed that even one basis point reflects a large dollar
amount and has a material impact on individual credit unions.
The current policy to notify and request comment is necessary to
provide transparency involving actions taken regarding the management
of the Share Insurance Fund. Commenters believe it is sound public
policy to provide stakeholders the opportunity to participate in
considerations of even modest adjustments to the NOL and other
adjustments that impact the Share Insurance Fund (referring to the
Overhead Transfer Rate). One commenter supported continuation of the
notice and comment practice but suggested a range of three to five
basis points would provide the Board sufficient latitude to adjust the
NOL without a full comment period.
Two commenters stated public comment is warranted any time the NOL
calculation results in an NOL above 1.3 percent. Individual commenters
expressed the following:
NCUA eliminating the comment requirement for a one basis
point change is concerning because it may trigger NCUA to make a series
of one basis point increases without the opportunity for public
comment.
Public comment is only necessary if the change prompts a
required premium for all credit unions.
Public comment should be required for all NOL changes,
regardless of amount.
Many of the commenters stressed the importance for the Board to
consider setting the NOL at a level that achieves a balance between a
stable Share Insurance Fund equity position and minimizing financial
strain on credit unions. Commenters noted that preserving as much
members' equity as possible supports a credit union's mission of
providing products and services to their members. Commenters also noted
the majority of credit unions are well capitalized and pose little risk
to the Share Insurance Fund. Credit unions with higher risk to the
Share
[[Page 72282]]
Insurance Fund are properly identified and working toward resolution,
as evidenced by the low number of failures that pose a cost to the
Share Insurance Fund.
Many commenters expressed the prolonged history and adequacy of a
NOL of 1.3 percent, stating the Board is provided sufficient tools
within the Act (premiums and distributions) to manage the Share
Insurance Fund's equity within the statutory range of 1.2 percent and
1.5 percent. Many of these commenters cited the more recent NOLs the
Board set at 1.39 percent in 2017 and 1.38 percent in 2019 were based
on the closure of the Temporary Corporate Credit Union Stabilization
Fund (Stabilization Fund) and the consolidation of the Stabilization
Funds' assets and liabilities into the Share Insurance Fund. In the
commenters' view, these do not reflect an appropriate NOL going
forward.
Other commenters expressed concern over NCUA's budget. These
commenters focused on the agency's need to manage expenses to reduce
the Share Insurance Funds' obligation to fund a portion of NCUA's
operating budget, thus maintaining higher levels of equity in the Share
Insurance Fund and minimizing the credit union industry's obligation.
The Board agrees public comment, although not required, could be
helpful when considering a change to the NOL policy or methodology. The
Board also wishes to clarify two points that may have confused some
commenters. Several commenters stated public comment should be
requested anytime the NOL results in a premium or potential premium.
The NOL does not trigger a premium, but rather establishes the point
above which a distribution is required. The actual equity ratio is
measured against the NOL to determine if a distribution is required.
The Board may only levy premiums when the Share Insurance Fund's actual
equity ratio falls below 1.30 percent. Even if the actual equity ratio
is below 1.30 percent, the Board weighs other factors, including
financial projections, prior to determining whether to assess a
premium.
The Board believes the NOL must be set based on a quantitative and
qualitative analysis, with the quantitative analysis being the primary
driver in setting the NOL and the qualitative factors considered by the
Board, as appropriate. The Board agrees with commenters that a request
for public comment, although not required, is helpful if the NOL
changes. The Board will continue seeking public comment when the NOL
changes by more than one basis point.
Should the NOL be re-evaluated in the midst of an economic downturn or
should it be left unchanged until the onset of an economic recovery?
Ten commenters responded to the issue of whether the NCUA should
reevaluate the NOL in an economic downturn or leave it unchanged until
the onset of an economic recovery. Three commenters stated the NOL
should be continuously evaluated and one stated the NOL should not be
changed. The remaining commenters emphasized the need for the process
to be standardized and for NCUA to strike a balance between
safeguarding the Share Insurance Fund and avoiding overburdening credit
unions and their members.
The Board believes the current process is standardized and based on
the risk inherent in the Share Insurance Fund. The recent economic
downturn due to the COVID-19 pandemic resulted in unusual share growth
and volatility in the financial markets. The Board will continue to
apply a standardized approach to calculating the NOL while also using
experience and judgment to determine if the NOL should remain unchanged
under such circumstances.
Should the Normal Operating Level be re-evaluated on qualitative
factors based on the COVID-19 pandemic?
Ten commenters responded to the question regarding whether the NOL
should be re-evaluated on qualitative factors based on the COVID-19
pandemic. Seven commenters stated the NCUA should not re-evaluate the
NOL based on abnormal events with a high level of uncertainty. Several
commenters stated they were opposed to the inclusion of qualitative
factors as it would reduce transparency. Three commenters stated some
support for evaluating factors due to an economic downturn. One
commenter stated the NOL should be evaluated holistically, accounting
for both data and environmental factors. Another commenter expressed
support for a policy that is based on historical record that all U.S.
recessions would last only a few months, as has generally been the case
since the Great Depression. Finally, one commenter reiterated that the
NOL should always be re-evaluated based on qualitative factors, but the
policy should be to look beyond the numbers and make decisions based on
actual or perceived risk to the Share Insurance Fund and the credit
union industry.
The Board agrees the NOL policy should not be constructed to react
to single events such as the current pandemic and the methodology
should be quantitative and qualitative, with the quantitative analysis
being the primary driver in setting the NOL and the qualitative factors
considered by the Board, as appropriate. In terms of qualitative
factors, the Board reserves the right to consider environmental factors
in the decision to change the NOL or retain it at its current level
given all available information. Unusual non-quantitative factors
affecting the decision regarding the NOL may be disclosed if the impact
is material.
Is there any other information that the Board should consider when
setting the NOL?
Fourteen commenters offered responses regarding additional
information the Board should consider when setting the NOL. Nine
commenters suggested the Board set the NOL at the pre-2017 level of
1.30 percent. The rationales presented include:
The risk from the merger of the Stabilization Fund no
longer exists,
The Board cannot assess a premium when the equity ratio is
above 1.30 percent, and
The NCUA should not hold more equity than legally
required, except for identifiable losses.
Commenters also voiced opposition to any statutory changes removing
the 1.50 percent NOL ceiling or removing the restriction on premiums
when the equity ratio is at or above 1.30 percent. Several commenters
stated the NCUA should convert all Share Insurance Fund accounting to
private generally accepted accounting principles (GAAP) to allow for
earlier recognition of the one percent capitalization deposit
adjustment. One commenter stated that, if the NCUA wanted to manage to
a NOL higher than 1.30 percent, there would be a couple of options,
including but not limited to cutting operating expenses, increasing
investment yields, or using its borrowing authority. Finally, one
commenter recommended the Board reconsider the current NOL policy
objectives. The commenter stated the NOL does not prevent impairment of
the contributed capital deposit and setting the NOL has very little to
do with public confidence in federal share insurance and the equity
ratio declining below 1.20 percent over a five-year period. What
matters is identifying and preparing for risks that threaten the Share
Insurance Fund's equity ratio.
The Board does not agree with arbitrarily setting the NOL. The NOL
represents the level of equity the Share Insurance Fund should have to
meet the
[[Page 72283]]
policy objectives based on a robust modeling of risk.
While commenters provided feedback opposing any statutory changes
removing the 1.50 percent ceiling on the equity ratio or the 1.30
percent cap on the Board's ability to charge a premium, the Board has
determined these comments are outside the scope of this request. These
changes would be a matter for Congress to decide. However, the current
statutory restrictions are a constraint on the Board's ability to
pursue a counter-cyclical approach to managing the Share Insurance
Fund.
Regarding changing the accounting methodology for the Share
Insurance Fund, the NCUA offers the following response. GAAP treatment
does not directly tie to the NOL policy and is considered beyond the
scope of this request. This can be considered separately as
appropriate.
With respect to the audit, the NCUA's Office of Inspector General
engages an independent auditor to express an opinion on the NCUA's
financial statements based on their audit and in accordance with
auditing standards. The 2020 audit opinion indicated the Share
Insurance Fund's financial statements present fairly, in all material
respects, the financial position of the Share Insurance Fund in
accordance with U.S. GAAP. Share Insurance Fund footnote disclosure
numbers eight and fourteen include detailed financial information about
the NGN program and the Asset Management Estate Fiduciary Revenues,
Expenses, Assets and Liabilities. These footnote disclosures and the
amounts contained within them are fully audited as part of the Share
Insurance Fund's financial statement audit.
With regard to the comments stating that if the NCUA wanted to
manage to an NOL higher than 1.30 percent there would be a couple of
options, including cutting operating expenses, increasing investment
yields, or using its borrowing authority, the Board notes that it
controls operating expenses to the extent possible consistent with
having sufficient resources to achieve the agency's mission. The Board
has limited options to increase investment yields, as those are
determined by the market and the Share Insurance Fund is limited by law
to investing in ``any interest-bearing securities of the United States
or in any securities guaranteed as to both principal and interest by
the United States or in bonds or other obligations which are lawful
investments for fiduciary, trust, and public funds of the United
States.'' \9\ Finally, borrowing funds on behalf of the Share Insurance
Fund would be a liability and would not increase the equity ratio.
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\9\ 12 U.S.C. 1783(c).
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Regarding the commenter who offered specific comments on the NOL
policy objectives, the Board offers the following responses: The Board
believes having a robust methodology to determine what level of equity
the Share Insurance Fund would need to prevent impairment of the one
percent capitalization deposit, and to prevent it from falling below
1.20 percent over five years in a moderate recession, bolsters public
confidence. The Board agrees that it is important to identify and
prepare for risks that threaten the Share Insurance Fund. The NOL
policy is designed to determine the risk to Share Insurance Fund under
a stressed environment, which is when losses generally occur.
Final Action
The Board will retain the current objectives for setting the NOL.
When setting the NOL, the Board will seek to satisfy the following
objectives:
Retain public confidence in federal share insurance;
Prevent impairment of the one percent contributed capital
deposit; and
Maintain the Share Insurance Fund through a moderate
recession without the equity ratio declining below 1.20 percent over a
five-year period.
The impact of changes in value of the corporate asset management
estates and the decline in the equity ratio through the end of the
following year without an economic downturn will be removed from the
NOL calculation. The Board will continue to use a decline in the Share
Insurance Fund's equity in a moderate recession to estimate the
additional equity needed to prevent the equity ratio from falling below
1.20 percent. Any change to the normal operating level of more than 1
basis point shall be made only after a public announcement of the
proposed adjustment and opportunity for comment. In soliciting comment,
the NCUA will issue a public report, including data supporting the
proposal.
By the National Credit Union Administration Board on December
16, 2021.
Melane Conyers-Ausbrooks,
Secretary of the Board.
[FR Doc. 2021-27639 Filed 12-20-21; 8:45 am]
BILLING CODE 7535-01-P