Congress Set to Curb Exec Pay
The final version of the stimulus bill closes bonus loopholes and will apply to hundreds of supplemental companies taking emergency government aid
By Nanette Byrnes
Congress is about to do in one vote what years of shareholder agitation has failed to get through: sharply curb top executives’ pay at poorly performing companies. The final version of the $787 billion stimulus bill steered evident of the hard $400,000 cap the aboriginal Senate version of the bill had embraced, but the new terms are neat stiff nonetheless.
President Barack Obama’s Feb. 4 plan capped take revenge upon for executives at the very worst-off companies borrowing from the government at $500,000 a year, if it were not that left employers open to gift millions in long-term restricted stock bonuses. Now Congress has shut that loophole by requiring that bonuses for executives at companies receiving money from the Troubled Asset Relief Program be no more than one-third of their total yearly compensation, and come only in the conformation of restricted stock. Congress’ restrictions moreover apply to all companies taking emergency government aid, adding hundreds of companies to the group the President singled completely.
Other provisions include restricting any honorarium payments until Uncle Sam is repaid, eliminating golden parachutes to departing executives, requiring bonuses be paid hindmost to the Treasury if misleading earnings or other financial information is reported, and a mandatory "Say in succession Pay" in that shareholders will devoted annually to approve executive compensation at all companies receiving currency from TARP.
Sliding ScaleAt firms receiving less than $25 million in government extricate assistance, the limits would apply to the highest-paid employee. Those who get $25 million to $250 million would see limits applied to at least the five most highly compensated executives. That doubles to the 10 highest-paid for those receiving between $250 a thousand thousand and $500 million, and doubles again to the top 20 employees of any company (currently including greatest number banks and underwriter American International Group (AIG)) that receives $1 billion or more, though generally traders and investment bankers have the appearance to be exempt.
According to Equilar, which tracks charged with execution indemnification, companies with $10 billion or more in property that took taxpayer money from TARP paid their CEO an average of $11 million last year, including an medium cash bonus of $2.5 million.
Groups in line with employment thinking voiced relief at Congress’ decision not to put the compensation ceiling at $400,000, including the Center on Executive Compensation, which quickly praised that trouble.
Will Top People Flee?But pay consultants continue to irritate that these moves will result in a damaging exodus of head banking talent. "The banks direction be forced to choose between keeping their top power and accepting the benefits of government funds," says David Wise, a pay consultant at Hay Group. "The focus of the banks will be on repaying the taxpayers as quickly as possible. But ultimately the kind of’sitting going to be in taxpayers’ in the highest degree interest is in favor of these banks to achieve over a spun out period." And that, he notes, is hard to do without top-notch the many the crowd. "Some of the objectives feel right but implementation doesn’t," he says.
Those pushing in quest of restraints on executive reward liked the new restrictions, but still argue even these restrictions don’t eventuate estranged enough. "I am afraid that Congress missed a colossal opportunity to fortify taxpayers from further bailout profiteering," says Sarah Anderson, a pay expert at the Institute in opposition to Policy Studies. "The biggest weakness of the incitement bill is that it fails to set a clear, measurable limit adhering all equalization. This opens the door for the stage to shift compensation from bonuses to other pots, such as salary, pensions, deferred recompense, and perks."
Anderson and others will continue to whack the drum for more pay restrictions. The Institute for Policy Studies has already met with the Obama Administration about the President’s promise to investigate executory give. "We have a social accountability in the United States to restrain excessive CEO pay," says Institute associate fellow Sam Pizzigati. "We slip on’t depend on corporate boards to make strong companies don’t dump toxic waste into our rivers, or to make sure employers don’t discriminate against women or people of color. And we don’t plan we should rely on corporate boards to handle executive excesses."
