; or (B) the average monthly income for the individual from the previous 6 months of employment. (2) Treatment under State law Any obligation resulting from an assumed income level under paragraph (1) shall not be considered to be imposing an unlawful fee under a State law unless such State law expressly states that it is intended to apply to Qualified ISAs. (3) Verification of income If an individual supplies an ISA funder (or the funder's successor in interest) with the individual's income verification information within 180 days of the ISA funder (or the funder's successor in interest) assuming an income level for such individual under paragraph (1), the individual shall be entitled to have any payments that were made in excess of the individual's actual obligation under the contract either refunded to the individual or credited to future obligations under the Qualified ISA. 103. Rulemaking