1. (a) Adjustments.

   1. (1) Adjustment to assessments. The Department may increase the amount of assessments generated by the calculations in § § 5.2 and 5.3 (relating to semiannual assessment for banks, bank and trust companies, credit unions and savings banks; and semiannual assessment for trust companies) if the projected assessments are insufficient to provide for the Department’s budget due to increased costs of operation.
   2. (2) Amount of adjustment. The increase permitted by paragraph (1) may not exceed the percentage increase in the Consumer Price Index over the fiscal year immediately preceding the fiscal year in which the Department submits its proposed budget to the General Assembly, as indicated by the ‘‘Consumer Price Index—All Urban Consumers: U.S. All Items 1982-84=100’’ published by the United States Department of Labor, Bureau of Labor Statistics, or other similar index published by the United States Department of Labor, Bureau of Labor Statistics.

2. (b) Surcharge based on condition. The Department may increase the amount of a specific assessment generated by the calculations in § § 5.2 and 5.3 by:

   1. (1) Thirty percent for a bank, bank and trust company, savings bank, trust company or credit union with a UFIRS or UITRS composite rating of 4.
   2. (2) Fifty percent for a bank, bank and trust company, savings bank, trust company or credit union with a UFIRS or UITRS composite rating of 5.

3. (c) Notice of adjustment or surcharge. The Department will provide notice to institutions of an increase in assessments according to subsections (a) and (b) by:

   1. (1) A general notice within 30 days of the enactment of the Department’s budget by the General Assembly if an increase is generated by subsection (a).
   2. (2) A note on each semiannual assessment invoice issued to an institution subject to an increase generated by subsection (b).
4. (d) Assessment invoicing. The Department will round the assessments calculated under this chapter to the nearest dollar on the semiannual assessment invoice issued to each assessed entity.

Authority

The provisions of this § 5.5 amended under 17 Pa.C.S. § 503(a) and sections 202 C and 204 A of the Department of Banking and Securities Code (71 P.S. § § 733-202 C and 733-204 A).

Source

The provisions of this § 5.5 amended January 23, 2026, effective January 24, 2026, 56 Pa.B. 481. Immediately preceding text appears at serial pages (372774) and (373511).