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Appeal of Partial Assessment Fee - (First Quarter 2005)


A bank appealed to the ombudsman for a partial refund of its semi-annual assessment fee.  The bank originally appealed to its supervisory office and was denied.


The bank converted to a federal savings bank three months after paying its semi-annual assess­ment fee.  According to the appeal, since the bank was no longer under the supervision of the OCC, it was entitled to a refund of the remaining assessment.  The appeal included documentation to support the amount of payment made by the bank to the OCC for the six-month period.


The ombudsman reviewed the documentation submitted by the bank and OCC policies and procedures regarding payment of semi-annual assessment fees.  According to paragraph (5) under section (a) of 12 CFR 8 Assessment of Fees, "Each bank subject to the jurisdiction of the Comptroller of the Currency on the date of the second or fourth quarterly Call Report required by the Office under 12 USC 161 is subject to the full assessment for the next six-month period."  The OCC assessment is levied against all institutions that are in the national banking system as of December 31 and June 30.  Therefore any bank that is a national bank on the assessment date is required to pay the full semi-annual assessment.  Additionally, the Notice of Fees issued to all national banks on December 1, 2000, provided notification that the OCC planned to discon­tinue prorated refunds for institutions that leave the national banking system part way through an assessment period.  This policy became effective as of January 1, 2001.  Since the bank was a national bank on the date that the assessment was levied, the ombudsman opined that no partial refund was warranted.