Bonus malus/clawback provisions and non-financial performance metrics rise as banks and insurers respond to regulatory pressures

Mercer’s latest Financial Services Executive Compensation Snapshot Survey shows that 78% of bank and insurers are making changes to their executive pay programmes as a result of difficult market conditions. The most popular changes planned are the strengthening of bonus malus and clawback conditions (47%), strengthening the link between performance management and compensation (44%) and increasing the use of non-financial measures (31%) in reviewing performance.

Mercer’s report is intended to provide an update on key global changes and practices in financial services compensation programmes. It is designed to capture the latest changes or anticipated changes to compensation programmes among major financial services companies.

Vicki Elliott, Senior Partner at Mercer, said:

‘Financial services HR teams and remuneration committees are being challenged to find ways to structure pay to engage, motivate and retain high-performing staff while being mindful of regulatory requirements and public pressure. Since 2008, we’ve seen a steady change in approach as companies actively tie rewards more closely to risk and multi-year performance.’

Bonus deferrals, bonus malus and clawbacks

  • Most organisations have a mandatory bonus deferral in place, with nearly all banks, and almost half of insurance companies having these plans.
  • Interestingly, 42% of North American organisations do not have a mandatory deferral programme in place. This is in stark contrast to Europe (86%), where EU regulation has been more prescriptive on the issue.
  • 32% of European organisations plan to increase the use of bonus malus in 2015, compared with 14% in North America.
  • However, more organisations in North America (36%) plan to increase the use of clawbacks on vested awards, compared with 32% of European companies in 2015.

Forward-looking long-term incentive plans

  • Nearly three-quarters of organisations currently have a forward-looking long-term incentive plan in place in both North America (88%) and Europe (62%).
  • They are somewhat more prevalent in the insurance industry (89%), but a majority of banks (60%) have them also.

Vicki Elliott said:

‘Companies are learning that it is crucial to maintain a forward-looking long-term incentive plan to link top executives to the accomplishment of long-term performance goals rather than relying on a mandatory deferral plan. For example, in a scenario where there is no annual bonus or a significantly reduced bonus paid, there would be limited ties to longer term performance if only a mandatory deferral was in place.’

Mercer reckons that of particular concern right now is how the European Banking Authority (EBA) is proposing to count the value of long-term incentives in determining the variable to fixed pay cap compliance, which would ‘unfortunately discourage the use of long-term incentives’.

Non-financial performance measurement

  • Most organisations link non-financial performance to incentive compensation.
  • Compliance/risk management (64%) is the most prevalent non-financial metric used, especially among banks.
  • Most banks assess compliance/risk management elements as part of their incentive compensation programmes (85%).
  • Employee metrics (60%) are also widely used across the sector both in banking and insurance.
  • Customer metrics are prevalent in banks (67%) and less so in insurance companies (36%).
  • Other metrics include achievement of strategic initiatives, business expansion, corporate social responsibility, leadership metrics, corporate citizenship and people management.

Pay mix

Dirk Vink, Mercer consultant specialising in executive remuneration and manager of this survey, said:

‘The clearest trend since the EU bonus caps is the increase in fixed compensation. However, reducing the amount of variable incentive pay weakens the link between performance and pay. As a result, there will also be less pay that can be deferred and aligned with the risk time horizon of the business.’

There is an emerging difference in the pay mixes between European and North American banks, largely due to regulatory developments in the EU. European banks are increasing the weight of base salaries, particularly for their identified staff, whereas the North American banks are not. However, according to Mercer, the question remains whether this trend will ultimately influence North American banks to do so to remain competitive on fixed compensation for their key risk takers.

Survey details

The survey reviewed the pay practices of 55 global financial services companies – banks, insurers and other financial services companies – based in 15 major countries in Europe, North America, and Asia. Just over half (53%) of companies are based in Europe, 44% in North America and 4% in Asia.

Mercer glossary

Mandatory deferral – Bonuses (short-term incentives) can be deferred over time (for example, performance of 2015 will be re-evaluated in 2018). This allows employers to consider how successful results have been over several years, so preventing short-termism.
Bonus malus – Refers to the part of the deferred bonus that has not yet been paid out and can be ‘reclaimed’ because, for example, an acquisition’s due diligence is not carried out thoroughly.
Clawback – This is applied to a bonus that has already been paid out. It can be reclaimed by the employer in, for example, cases of gross negligence or non-compliance.
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