50.70—Mandatory and discretionary recoupment.
(a)
Pursuant to section 103 of the Act, the
Secretary shall impose, and insurers shall
collect, such Federal Terrorism Policy Surcharges
as needed to recover 133 percent of the mandatory
recoupment amount for any Program Year.
(b)
In the Secretary's discretion, the
Secretary may recover any portion of the aggregate
Federal share of compensation that exceeds the
mandatory recoupment amount through a Federal
Terrorism Policy Surcharge based on the factors
set forth in section 103(e)(7)(D) of the Act.
(c)
If the Secretary is required to impose a
Federal Terrorism Policy Surcharge as provided in
paragraph (a) of this section, then the required
amounts, based on the extent to which payments for
the Federal share of compensation have been made
by the collection deadlines in section
103(e)(7)(E) of the Act, shall be collected in
accordance with such deadlines:
(1)
For any act of terrorism that occurs on or
before December 31, 2010, the Secretary shall
collect all required amounts by September 30,
2012;
(2)
For any act of terrorism that occurs
between January 1 and December 31, 2011, the
Secretary shall collect 35 percent of any required
amounts by September 30, 2012, and the remainder
by September 30, 2017; and
(3)
For any act of terrorism that occurs on or
after January 1, 2012, the Secretary shall collect
all required amounts by September 30, 2017.