Tuesday, November 17, 2015

How Executives Can Minimize the Retirement Tax Hit

For many highly paid executives, retirement isn’t just about capping off a career, or figuring out what they are going to do for the next phase of their lives. It’s also about juggling large payouts from the stock awards and deferred compensation they may have accumulated over the years.
Executives can minimize the tax hit and smooth out income from such corporate perks in the early years of retirement, financial planners say, but it is important that they start the process one to two years before they plan to leave. Among other things, advisers recommend that executives take an inventory of what their short-term cash-flow needs will be in retirement and review company policies on how and when they can draw down deferred pay.

The Executive Paycheck Myth

Every religion has a creation myth.
Pay-for-performance is the fundamental tenet of the American approach to executive compensation. While groups in Britain and Switzerland have proposed capping executive pay, investors and regulators in the United States are mainly concerned when there’s a mismatch of pay versus performance. As long as a company is doing well, the sky’s the limit.
Congress has embraced pay-for-performance. As mandated by the financial reform law known as the Dodd-Frank Act, the Securities and Exchange Commission proposed rules earlier this year to make it easier to compare actual pay with actual performance. The rules will require public companies to provide a table comparing the amount of compensation paid to top executives with the total shareholder return of the company. Total shareholder return measures the change in the company’s stock price, plus any dividends paid out to shareholders.
By   

Monday, October 5, 2015

United States: Securities And Exchange Commission Proposes Rules Regarding Claw-Back Of Executive Compensation

Some five years after the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("the Act"), the Securities and Exchange Commission (SEC) continues to work through the rule-making process required by the Act. Today, as part of that effort, the SEC released proposed rules governing the claw-back by public companies of erroneously awarded compensation. If adopted, these rules will require each securities exchange or national securities association that lists securities to adopt listing standards in compliance with proposed Rule 10D-1 (the "Proposed Rule") of the Securities Exchange Act of 1934, as amended.

Last Updated: October 1 2015
Article by Brian DeFoe
mondaq

Read more here.

Safety Suffers as Stock Options Propel Executive Pay Packages

Outsize executive pay packages have frequently been a flash point for stock market investors. Lavish executive compensation at publicly traded companies should be a significant concern for consumers, too.

That’s the message of a new study by three academics at the University of Notre Dame. Their research focuses on companies that rely heavily on stock options in executive compensation. They have found a correlation between generous option grants and the incidence of serious product recalls.

Executive Compensation: Paying High For Low Performance

This essay argues that regulatory reforms introduced by the Dodd-Frank Act of 2010 in the area of executive compensation have not yet achieved their purpose of linking executive pay with company performance. The rule on shareholder say-on-pay appears to have had limited success over the five proxy seasons since its adoption. The rule on pay ratio disclosure, adopted in August 2015, and the rules on pay-versus-performance disclosure and the clawback of certain incentive compensation, proposed in April 2015 and July 2015, respectively, are also unlikely to succeed. For the most part, the rules are intuitive and well-intentioned, but a closer look reveals that they are easy to manipulate, counterproductive, and often interact with one another, and with other regulatory goals, in unintended ways. As a result, five years after the passage of Dodd-Frank, the decades-old goal of aligning pay with performance remains elusive.

Posted date:

Big hike in executive pay at nonprofit Blue Shield draws state scrutiny

Nonprofit insurer Blue Shield of California boosted executive compensation by $24 million in 2012 — a 64% jump over the previous year — according to a confidential state audit reviewed by The Times.

The health insurance giant won't say who got the money or why. But Blue Shield's former public policy director, Michael Johnson, who left this year and is now a company critic, said senior officials at the insurer told him that former Chief Executive Bruce Bodaken received about $20 million as part of his 2012 retirement package, on top of his annual pay.

Half a dozen other top executives also left the company near the end of 2012, which could have accounted for some of the spike in compensation. Some of this severance or retirement money may be paid out over time, extending beyond 2012.

Contact Reporter LA Times, September 1st, 2015

Read more here.

Friday, August 28, 2015

CFOs Outpace Their Bosses in Pay Increases

Chief financial officers of large U.S. companies may envy their bosses’ larger paychecks, but they still managed to finesse slightly larger percentage raises last year.
Read more here.

JPMorgan Salary Package Grows as Pay Limits Are Thwarted

Daniel Pinto earned a higher salary last year than his boss, Chief Executive Officer Jamie Dimon, according to JPMorgan Chase & Co.
Dimon made more when factoring in bonuses and awards such as stock options in addition to his $1.5 million salary. But Pinto, the CEO of JPMorgan’s corporate and investment bank, took home a $7.4 million salary, 10 times more than he did in 2013 and the highest such payment from a U.S.-based public company, according to data compiled by Bloomberg. Pinto’s raise includes a “cash fixed allowance” while his bonus went to zero from more than $8 million in 2013, the bank said in a regulatory filing.

SEC Finalizes the CEO Pay Ratio Rule – Additional Executive Compensation Disclosure for Public Companies Beginning in 2017

On August 5, by a vote of 3-to-2 with the SEC Commissioners voting along party lines, the SEC approved the final rule to implement the requirements of Section 953(b) of the Dodd-Frank Act, which instructed the SEC to amend existing rules under Item 402 of Regulation S-K to require public companies to disclose the ratio of their CEO's annual total compensation to that of the median annual total compensation of all company employees. All public companies will be subject to this new disclosure requirement, with the exception of emerging growth companies, smaller reporting companies and foreign private issuers.


Read more here.

Community Banks Can Ride Out CEO Pay Rule

A new rule requiring public companies to disclose the pay relationship between chief executives and median employees will serve as lightning rod for public debates about income disparity and executive compensation. The good news for community and smaller regional banks is that their pay ratios will tend to be relatively moderate, allowing them to fly under the radar.

The Securities and Exchange Commission has provided a lengthy lead time for companies to implement the rule, which will begin to be enforced starting in 2018.

By 

Tuesday, August 4, 2015

Where Is My Pay Increase?

Many employees are wondering what has happened to their pay increases.  The economy has improved, stock markets are at an all-time high, and the unemployment rate is down, but raises are well below their pre-recession levels.  Prior to the recession, employers generally budgeted wage increases of 4% per year.  Employers in 2014 increased wages by 3% and forecast a 3.1% increase for 2015.  That's a decrease of 25%. 

Let's look at some additional numbers:
  • The US April unemployment rate was 5.4%, and Florida's was 5.6%.  Both values are at a record low since the recession and are at or near the Federal Reserve's unemployment target range of 5.2% - 5.5%, which is considered full employment.  
  • National wage increases, measured by the employment cost index (ECI), have been anemic since the recession in 2008.   For the period of 2009 - 2014, wage growth has averaged 2.3% annually.  US wages in the last year increased 2.6%, while Florida's average weekly wage increased 2.1% (3rd quarter 2013 - 2014).
Economics has taught us that as supply of workers decreases, wages should go up.  So what is wrong with this fundamental concept of classic economics?

Not Everyone Is In the Labor Market

The PEW Research Center reports that 37% of the civilian population older than 16 is not in the labor force, near an all-time high.  This means that they aren't working now and have not looked for work recently enough to be counted as unemployed.   

The chart on the right shows that this statistic isn't just baby boomers retiring, although they certainly contribute to this number.  Instead, it shows that a higher percentage of people in the younger age groups have opted out of the workforce.  The study's most telling finding is a 10% increase of 16- to 24-year-olds disengaged from the workforce.

This slack in the labor force can be explained in a few ways.  During the recession, layoffs were common as companies cut costs due to falling profits.  Laid-off employees had to endure poor prospects for reemployment and became discouraged.  Many opted out and became long-term unemployed or took positions at lower wage levels.  Younger Americans have only experienced recessionary conditions in their work life, causing some to remain in school or not seek employment.  Additionally, not captured in this statistic are 7.2 million people with part-time jobs who say they cannot find work, according to Eric Rosengren, president of the Federal Reserve Bank of Boston. 

The high number of people not pursuing work and those in part-time positions seeking full-time opportunities suggests that the relatively low unemployment rate does not paint an accurate picture.  As the economy improves, these groups should begin to reengage in the workforce.  This will increase the available supply of labor, which will continue to constrain wage pressures.

Differences in Industries and Jobs

World at Work, a compensation professional association, gathers data on pay practices across companies.  The association reported construction, mining (including oil and gas), and forestry as the industries that increased wages the most in 2014.  Entertainment and recreation, educational services, health care and social assistance reported the lowest changes to employee wages in 2014.  The raises in the higher-paying industries were 45% greater than those in the lower-paying industries.

There is a significant difference in wage pressure by job levels.  Employees in relatively lower-paying positions have seen their ability to command higher wages erode due to a number of factors, including increased automation and a decrease in union representation.  Higher-paid employees have continued to stay relevant in the labor market, providing specialized knowledge and skills to employers, and continue to enjoy higher wage increases.  The Economic Policy Institute's The State of Working America study notes that real wages (adjusted for inflation) exhibited the strongest growth in those jobs with pay in the top half of wage earners for the years 1979 - 2011.  Real wages for the lowest 10% of the workforce actual decreased by 4.3% over the time period.  This is not surprising when you consider that the current Federal minimum wage is 23% below its peak inflation-adjusted value in 1968.


Increasing the Minimum Wage and the Walmart Effect

Twenty states raised their minimum wage effective in 2015.  Major employers such as Walmart, McDonalds, Target and Facebook announced wage increases for their lowest-paid employees in recent months.  However, this will not cause an increase in wages throughout the workforce.  Yes, the lowest-paid workers will receive a one-time gain in compensation, and companies who employ workers at or near the minimum wage will need to react to Walmart by increasing pay.  Companies with entry-level jobs in retail and food service will be affected.  This will have little to no effect on higher paying jobs that are compensated above the new minimum wage levels. 

It's interesting to note that Walmart and McDonalds also announced planned improvements in career opportunities and paid time off, respectively.  These changes will likely go farther to increase employee satisfaction than the proposed wage changes.

PAY STRATEGIES FOR COMPANIES GOING FORWARD

Labor markets are going through structural changes that call for different approaches from pre-recession strategies.  Compensation programs should align with the changing conditions.  Here are a few strategies to consider:
  1. Overall wage pressure should remain muted as the slack in the labor force further engages with growing job prospects.  General wage increases will not return to pre-recession levels for quite a few years.  However, companies should be conscious of their specific industry wage trends.
  2. Employers should consider potential wage changes differently for different segments of their workforce.  The historical data suggests that higher-paid jobs have seen greater pay increases than lower-paid jobs.  Whether this is a socially appropriate strategy is a separate question.
  3. Although still constrained, wage increases have accelerated since the recession.  Companies should ensure their salary management systems are externally competitive.  No organization wants to lose its high performers to competitors because its pay isn't competitive with the market. 
  4. This is a great time for companies to consider a variable or incentive pay plan to complement their base pay programs.  Merit increases will likely average 3% for the foreseeable future.  It is difficult to reward top performers in a constrained fixed pay environment.  Utilizing incentive pay has the advantages of not increasing fixed costs and tying potential rewards to desirable business outcomes.
  5. Although competitive wages are certainly an important reason employees remain with organizations, they are not the only reason.  Companies should consider enhancing their efforts in career growth and performance management, building an engaging company culture, and providing work / life balance.  These factors are most significant in retaining employees.
Joe Kager, CCP
813.661.3111
Joe Kager is the Managing Consultant of The POE Group, a compensation consulting firm based in Tampa. For more information visit their website: www.poegroup.com.

Sunday, July 5, 2015

Obama plans to expand overtime eligibility for millions of workers

U.S. President Barack Obama on Monday announced a proposal that would make nearly 5 million more workers eligible for overtime pay, a move that would touch nearly every sector of the U.S. economy and could face legal challenges.
Obama in an editorial posted on the Huffington Post website said the proposal would more than double the maximum income a salaried worker can earn and still be eligible for overtime pay to $50,440, or $970 a week. The current threshold is $23,660.

"Right now, too many Americans are working long days for less pay than they deserve," Obama wrote.
BY DANIEL WIESSNER
Landing Tue Jun 30, 2015 7:31am EDT
Read more here.

SEC proposes rules requiring clawbacks after company restatements

Public companies that re-state their financial results would be required to "claw back," or recover, any excess incentive compensation earned by their corporate executives under a new rule proposed on Wednesday by U.S. regulators.
The Securities and Exchange Commission's plan sparked debate among the agency's five members, with some saying it goes too far and should not be applied to smaller-sized companies.

Republican SEC Commissioner Daniel Gallagher said the plan creates the "potential for substantial injustice" because it could force people to pay back compensation even if they had nothing to do with the restatement.
WASHINGTON 

Dodd-Frank’s Next Act: Executive Pay

Nearly five years after the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 was signed into law, the Securities and Exchange Commission has entered the final stretch of the rulemaking required of it under the act.
The agency is drafting new provisions regarding executive compensation disclosure, and like previously implemented Dodd-Frank rules — such as those involving whistleblowers, derivatives, conflict minerals, and proprietary trading by banks — the new provisions have generated much controversy.
 | CFO.com | US
Read more here.

Activist Funds Put Executive Pay Formulas Under Microscope

Big shareholders for years have grumbled about the rise in executive pay. Now, activist investors are taking up the compensation cause, focusing less on how much corporate leaders earn and more on whether they deserve what they get.
Case in point: Shutterfly Inc., where an activist hedge fund is seeking three board seats at the online photo retailer at a shareholder vote set for Friday. The founder of Marathon Partners Equity Management LLC said once the fund "started peeling back the onion" on Shutterfly's pay plans, it found "a compensation scheme that had run amok."
By Liz Hoffman, By Dow Jones Business News,  
Read more:  http://www.nasdaq.com/article/activist-funds-put-executive-pay-formulas-under-microscope-20150611-00976#ixzz3f3nQOlf4

Penn State Tops Public College Compensation Survey

Pennsylvania State University’s former president Graham Spanier last year received compensation valued at $2.3 million, including the transfer of a life-insurance policy, more than the leader of any public university, a Chronicle of Higher Education survey found.
A tenured faculty member on administrative leave, Spanier stepped down as president in 2011. He was later indicted on charges including conspiracy and perjury in what prosecutors said was a cover-up of ex-football assistant coach Jerry Sandusky’s sexual assault of boys. Spanier has pleaded not guilty in the pending case.
 , Bloomberg Business
June 7, 2015 — 5:37 PM EDT Updated on 

Caterpillar wins shareholder vote on executive pay

Shareholders of Caterpillar Inc. approved the company's executive compensation plan but a large minority voted against those policies.
A spokeswoman for the company said preliminary results showed 66% of the shares voted were in support of the compensation plan in a nonbinding vote at the company's annual meeting.
Proxy advisers Glass, Lewis & Co. and Institutional Shareholder Services Inc., along with the union-affiliated CtW Investment Group, had urged shareholders to vote against Caterpillar's compensation policies. A CtW spokesman said the vote turned up substantial opposition to the compensation plan. Typical support for pay plans is above 90%, he said.
Published: June 10, 2015 10:22 a.m. ET

Read more here.

Corporations Are Going Green by Linking Executive Pay to Energy and Emissions Targets

Back in 2005, when GE chief executive Jeff Immelt launched Ecomagination, an initiative to pedal plant-friendly technologies to the market, he famously quipped “green is green.” But despite Mr. Immelt’s pitch, the conventional wisdom has stubbornly remained that what’s good for the planet is going to hurt in the pocketbook.
Things might finally be shifting. From the data crunched for this year’s Newsweek Green Rankings, we found an interesting trend within executive compensation packages that challenges this assumption. For instance, for the first time since we have been tracking executive pay-links to green, the majority of the 500 largest listed companies — both in the U.S. and globally — linked at least part of their executive bonus payout to green factors like energy use and greenhouse gas emissions. In the U.S., 53 percent of companies tie executive bonuses to green performance targets; globally, the number is 69 percent. A decade ago, less than 10 percent of companies linked pay to environmental factors.
-BY   
read more here.

Sunday, June 21, 2015

Tech Companies Fly High on Fantasy Accounting

Technology shares have been powering the stock market recently, outperforming the broader stock indexes by wide margins. The tech-heavy Nasdaq 100, for example, is up 19 percent over the last 12 months, almost twice as much as the Standard & Poor’s 500-stock index, which has risen 10 percent.
Investor enthusiasm for all things tech is understandable, given the disruptions the industry is bringing to so many businesses and the potential profits associated with that upheaval.
But there’s a more troubling aspect of the current exuberance for technology stocks: the degree to which so many of the popular companies with premium-priced shares promote financial results and measures that exclude their actual costs of doing business.
By  , The New York Times
Read more here.

Monday, June 15, 2015

Valeant VP’s $50.6 Million Pay Second to Apple Among Non-CEOs

Valeant Pharmaceuticals International Inc. paid Executive Vice President Ari Kellen $50.6 million in 2014, giving him the second-highest pay of any newly hired non-chief executive in the U.S.
The package is part of Valeant’s strategy to reward new hires when they walk in the drugmaker’s doors. Kellen’s pay trails only Apple Inc.’s Angela Ahrendts among U.S. executives at publicly traded companies whose 2014 compensation has been reported, according to summary compensation table data compiled by Bloomberg. Ahrendts, who was hired as Apple’s new sales chief after serving as CEO of Burberry Group Plc, received $73.4 million in 2014.
-Bloomberg Business   and April 10, 2015
Read more here.

Tuesday, June 9, 2015

SEC takes a step toward finishing hotly demanded CEO pay rule

The 2010 Dodd-Frank bank reform law mandated the agency make a rule to require public companies to disclose the ratio of CEO pay to the median paid employee. It took three years to come out with a proposal, and after 22,860 comments, it’s still working on a final rule.
The SEC staff has now published an analysis by the agency’s Division of Economic and Risk Analysis that considers the impact of various methods of calculating the required disclosures. That development comes just two days after Senator Elizabeth Warren, the Massachusetts Democrat, called out the delays in finalizing the rule while harshly criticizing the overall performance of SEC Chairwoman Mary Jo White.
-By Francine McKenna, Published: June 5, 2015
Read more here.

Wednesday, May 27, 2015

One-Time Bonuses and Perks Muscle Out Pay Raises for Workers

Yacht-size bonuses for Wall Street big shots and employee-of-the-month plaques for supermarket standouts are nothing new, but companies’ continued efforts to keep costs down have pushed employers to increasingly turn to one-off bonuses and nonmonetary rewards at the expense of annual pay raises.
“There is a quiet revolution in compensation,” said Ken Abosch, a partner at Aon Hewitt, a global human resources company. “There are not many things in the world of compensation that are all that radical, but this is a drastic shift.” The New York Times
Read more here.

Wednesday, May 6, 2015

Apple Executives Paid $281 Million Have Top Pay-for-Performance

Five Apple Inc. employees who were paid $281 million last year are among the 100 highest-paid executives in the U.S.

They’re worth every penny, according to the Bloomberg Pay Index, the first daily ranking of U.S. executive compensation.

Chief Executive Officer Tim Cook, Senior Vice Presidents Angela Ahrendts, Eduardo Cue and Jeffrey Williams, and former Chief Financial Officer Peter Oppenheimer have a combined pay package equivalent to about 1 percent of the company’s economic profit, according to the ranking.

-, Bloomberg Business, April 17, 2015

Read the rest here.

Shareholders Rein In Golden Parachutes

Turnover of CEOs accelerated almost 16% between January 2013 and 2014—the highest level in four years, according to outplacement consulting firm Challenger, Gray & Christmas.
Shareholders believe that a side effect of this trend appears to be outsized golden parachutes designed to benefit CEOs—and other executives—who will likely experience a significant period of time in between roles. One could argue that shorter terms and longer periods in between positions is a symptom of a larger challenge in board leadership. CEOs need time and support to shape organizations into desired performance.
-Christopher P. Skroupa, Forbes, 
Read the rest here.

Sunday, May 3, 2015

SEC Votes 3-2 to Propose Executive-Compensation Rules

WASHINGTON--A divided Securities and Exchange Commission floated new rules to require publicly traded companies to make it easier for shareholders to determine whether top executives' compensation is aligned with the firm's financial performance.
The SEC voted 3-2 Wednesday to propose rules that would force about 6,000 publicly traded companies to tell investors how the pay of top management tracked the firm's financial results.
A requirement of the 2010 Dodd-Frank financial law, the proposal marks the latest attempt to strengthen investors' ability to understand--and challenge--companies over their executive-pay practices. The SEC has previously greenlighted so-called "say-on-pay" votes that require companies to put executive-compensation packages up to a nonbinding shareholder vote at least once every three years.
By Dow Jones Business News,  
Read more here.

Tuesday, March 3, 2015

Four in 10 investors believe ‘say on pay’ vote has no influence

WASHINGTON (MarketWatch) — More than four in 10 institutional investors say their “say on pay” vote doesn’t end up influencing how company executives are paid, according to a new study from Stanford Graduate School of Business.

Perhaps equally worrisome for small investors, who rely on money managers to represent their interests, just one in four of those professionals said they understand the way executives will receive payouts under long-term performance plans.

The findings come after the Securities and Exchange Commission in 2011 began requiring nonbinding shareholders vote on executive compensation at least once every three years, under the Dodd-Frank financial reform law.

Feb 17, 2015, Eric Garcia, Reporter

Read the rest here.

Blue Cross top executive gets big raise, lower overall compensation

The release Friday of Blue Cross and Blue Shield of N.C.’s executive compensation for 2014 reopens the debate about what is fair and competitive for a not-for-profit health system to offer.
                                                                                                                                                                                                                                                             

Brad Wilson, its chief executive and president, received a 5.6 percent raise in salary to $947,862. His bonus decreased 13 percent to $1.8 million. Total compensation was $2.83 million, down 4.7 percent from 2013, but up 13.9 percent from 2012.

Friday, February 27, 2015, Richard Craver/Winston-Salem Journal  

Read more here.

                                                                                  

Thursday, January 8, 2015

Step aside Wall Street, small pharma CEO pay reaches for the sky


An examination of biopharma company CEO salaries shows that many are paid like a hybrid of entrepreneurs and blue chip company CEOs, giving these executives the best of both worlds.
They may not be running too big to fail firms, but the CEOs of many small biopharmaceutical companies are being paid like they are unquestionably indispensable, In fact, many are making more than Wall Street’s chief executives and the CEOs of their much larger pharmaceutical peers.


Read the rest here.

Target Chief's $47 Million Retirement and America's 401(k) Gap


The gap in the U.S. workplace between the highest and lowest paid has been growing for years. Far less noticed has been the growing gulf in retirement pay.
While the very top often continue to receive executive pensions as well as other benefits, most workers are left only with their 401(k) plans.

Pay package swells for Jabil CEO Mark Mondello

Jabil Circuit Inc.'s board of directors boosted compensation for CEO Mark Mondello in an effort similar to keeping up with the Jones'.
Mondello got a 40 percent boost in pay in fiscal 2014, ended Aug. 31, and received total compensation of $6.5 million for the year, according to a proxy filed with theU.S. Securities and Exchange Commission. He received $4.7 million in total compensation in the previous year.
, Print Editor, Tampa Bay Business Journal
Email  |  Facebook  |  Twitter  | Google+

Read the rest of the article here.