Under the Credit Institutions (Financial Support) Scheme 2008, the remuneration packages of directors and executives, including total salary, bonuses, pension payments and any other benefits, were subject to review by the covered institutions remuneration oversight committee, CIROC, arising from the provisions of the Credit Institutions (Financial Support) Act 2008.
Paragraph 47 of the scheme required each covered institution to prepare a plan to structure the remuneration packages of directors and executives. For this purpose, remuneration includes total salary, bonuses, pension payments and any other benefits received from a covered institution and its group entities, or otherwise, received by a director or executive arising from the performance of his or her functions as a director or executive. These plans covered executive bonuses including share options, if any.
CIROC reported on 27 February 2009, recommending reductions in prevailing base salary, bonus and pension levels for chief executives, chairs and ordinary board members that it considered to be, in many cases, markedly excessive.
The Government considered the CIROC recommendations in light of the further downturn in the wider economy, the current position as regards the financial position of the covered institutions and the fact that larger economies such as the United States of America and Germany have set lower caps on the salaries of government-aided financial institutions than those suggested by CIROC.
In that regard, the Government considered the CIROC recommendations regarding bonuses, pensions, long-term incentive plans and board sub-committees are appropriate but that remuneration terms should generally be lower than those recommended by CIROC.
I wrote to the chairpersons of each of the covered institutions on foot of the publication of the CIROC report seeking immediate action from the boards to revise remuneration plans so that revised remuneration packages of everyone in their organisations reflected the concerns of Government in such a way as to respect the salary cap of €500,000 or amounts recommended by CIROC, whichever is the lesser.
CIROC acknowledged it will be appropriate to introduce new bonus arrangements at a future date taking account of any long-term incentive initiatives. However, this should arise only where an institution is no longer part of a Government guarantee scheme.
CIROC also considered pension arrangements for top management should be reviewed with the payment of cash allowances to compensate for the effects of the pensions cap imposed by the Finance Act 2006. CIROC felt it unacceptable that arrangements be put in place which would be inconsistent with the intent of the relevant legislation. CIROC signalled consideration should be given to the appropriate balance between personal employee contributions and the employer contributions in respect of the pensions of senior executives.
Additional information not given on the floor of the House
Pension arrangements for senior executives in each institution should, in CIROC's view, be at least broadly similar to those applicable to the generality of the staff of the institution.
CIROC in its report recommended that the remuneration of other executives should also be adjusted to take account of the revised salaries for chief executives. The reduced salaries for executives should have regard for the need for adequate headroom between them and the chief executive.
It is a matter for the remuneration committees of the covered institutions to ensure these recommendations are being adhered to. However, it is possible that in some cases the remuneration committee is restricted because of contractual arrangements entered into with individual senior executives prior to the publication of the CIROC report. It is not in any bank's interests, as a matter of policy, to pay personnel with lesser responsibilities than the CEO higher amounts than that of the CEO unless they have no other option.
I have no legal power under the scheme to force new agreements in such cases for the duration of the existing contracts.
In general, the experience of the Department is that the recommendations of CIROC are being complied with or being attended to satisfactorily on an ongoing basis or both.
The respective covered institutions operate in a commercial fashion. Subject to contractual considerations, they are expected, in the present economic circumstances, to take account of the necessary downward adjustment in remuneration levels affecting all sectors of the economy.