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February 19, 2009

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Paul Hebert

Interesting - I had a "bonus" program in a previous job where 75% of your bonus was paid in one year and the remainder paid out in thirds over the next three years. This was done to a great degree as a "forced retention" tool - you didn't want to leave until all your bonus money was paid. I know, sounds like a place you don't want to work (hence the need for the retention plan, eh.)

Part of the problem is the need to recognize relative performance versus absolute - like B&S - they had a good year (considering all factors ie: relative to the market) and should have paid the bonus out. But because they were looking at absolute year-over-year performance it caused a problem. Maybe there is a formula that takes into account relative vs. absolute that could be workable.

Ann Bares

Kris:

It is an interesting plan and approach. Historically, one of the challenges with an approach like this is appropriately dealing with the deferral issue - how to secure the deferred funds (e.g., from an event like a change in control, bankruptcy, etc.) without creating "constructive receipt" which triggers taxation. Employees don't want to pay taxes on bonus awards they aren't going to receive for a year or two (or more) and yet it is a challenge to secure them in the employee's name without creating a taxable event. This is where arrangements like rabbi trusts were created to fill the gap.

I'm certainly no expert on deferring compensation, but I think I find myself in Achtmeyer's court - it is theoretically outstanding but an implementation challenge. Why not just have integrated but separate short- and long-term cash plans?

gainesville accounting

Part of the problem is the need to recognize relative performance versus absolute - like B&S - they had a good year (considering all factors ie: relative to the market) and should have paid the bonus out. But because they were looking at absolute year-over-year performance it caused a problem. Maybe there is a formula that takes into account relative vs. absolute that could be workable.

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