- 90 - disregarding all perquisites for all Retained Executives. Two of the Retained Executives-–Mr. Brink and Mr. Francis-–received perquisites in 1992 that, according to petitioner’s own calculations, exceeded the SEC reporting thresholds. The 1992 perquisites of Mr. Brink ($89,129) and of Mr. Francis ($33,738) exceeded 10 percent of their respective salary and bonus for that year. Accordingly, we conclude that the perquisites of these two Retained Executives should be included in their 1992 compensation for purposes of comparing it to the compensation of other executives. (ii) LTIP Compensation Petitioner made payments totaling $5,803,439 to the Retained Executives in July 1995, pursuant to the LTIP arrangements, with respect to petitioner’s financial performance for the years 1992, 1993, and 1994.52 In her opening report, Ms. Meyer included the LTIP payouts in the Retained Executives’ compensation for the 4- year period 1992-95. However, in measuring the Retained Executives’ 1992 compensation in her rebuttal report, Ms. Meyer took the position that no portion of the LTIP payouts should be included in 1992 compensation because such amounts were not 51(...continued) expenses paid to Mr. Pugh in 1992. Mr. Pugh’s remaining 1992 perquisites fall below SEC reporting thresholds. 52 Mr. Garrett did not receive an LTIP award, and Mr. Pugh’s award covered only 1992 and 1993. See supra note 18.Page: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
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