Treasury Secretary Tim Geithner announced today that he is going to force AIG to reimburse the government for the $165 million in bonuses the company paid out after receiving more than $170 billion in bailout money. In addition, the Senate Finance Committee is proposing a 35% excise tax on the AIG bonuses, in addition to the 35% income tax already levied.
Now I'm not defending AIG or their bonus structure. Any company that is so terribly mismanaged it requires hundreds of BILLIONS in government assistance to prevent the collapse of the world economy probably had a pretty bad year. My understanding
of corporate incentive and bonus programs is that they reward good work - either at the corporate or individual level - usually measured in terms of revenue or profit. I've gotten a few bonuses in my life. I've also had years when I didn't get one. There are no indications AIG's employees would qualify under those terms. That said, it appears AIG's bonus structure was actually a "retention bonus", which would imply they work similarly to roster bonuses in professional sports where the employee/player receives additional compensation just for sticking around. In that sense, AIG employees are totally entitled to their bonus. (I'll ignore for now reports that bonuses were paid to at least some employees who are, in fact, no longer with the company.)
However, equally concerning to AIG's baloney bonus structure is the government's response. I for one am not that comfortable with the government forcing American workers to pay back money they "earned" (or received in compliance with contracts both parties, presumably, entered into willingly), simply because said government didn't have the foresight to dot their I's and cross their T's before handing over hundreds of billions in taxpayer dollars. I also am not that comfortable with the government threatening to create new taxes applicable only to this subset of American workers to punish them for cashing their bonus checks.
Technically, the U.S. government is now a 80% shareholder in AIG and as such has the power to put rules in place to prevent such bonuses from being issued in the future. In fact, it would be irresponsible of them NOT to do that. However, imagine your company gets a Chairman and that chairman decides that you need to pay back your bonus or part of your salary from the previous year. What would you do? I'd tell him to go screw. Then I'd probably be looking for a new job, because it turns out Chairmen generally frown on that sort of insubordination.
What about the rest of the bailout money being handed out? If the government thinks they can start dictating corporate policy, canceling executed contracts, and creating new laws aimed specifically at individual companies and entities, this starts to look a lot like a Communist state. I'm not trying to be a sensationalist, and I'm not some bitter, right-wing loony trying to come down on the "damn liberals". (I voted Obama, ok?) But I gotta say... today's announcement is a little concerning.


Comments: 17
Article 1, Section. 8.
Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Article I, Section. 9.
Clause 4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
This is why I hate them all. They are all either crooks or morons.
Corporations are not dedicated to either the stockholders or the clients today. They are personal piggy banks for the purpose of making the CEO and a few others exceedingly rich. When Jack Welsh received bonuses from GE it was for making that a profit making organization. That's what bonuses should be for in a realistic world.
Also, I thought the same as you when I first heard about this - those bonuses were probably not discretionary and were in fact contractual. AIG management had no choice but to pay them. And if that is the case, such monies would be considered wages that take priority to other debts of a corporation in the event of a bankruptcy. Further, if they were not paid, the liability "pierces the corporate veil" and would fall into the laps of the directors.
That's funny
ha ha
Jim K. - You have a really good point about it being China's money. There's probably a really good joke in there somewhere, but I bet its neither tasteful nor politically correct....
Today during the hearing with the AIG CEO, he said these people were indispensable to the task at hand, therefore they were required to pay these retention bonuses in order to keep these folks in place to complete their work.
Since the Federal Government owns the major interest in this company, couldn't they simply institute a 'stop loss' program ?
It sure seems comparable to me.
1. Sales people are given performance "bonuses" rather than fair hourly compensation for their work. These folks should be allowed to keep their "bonuses" and not be forced to pay extra taxes.
2. High performers are given retention bonuses for "sticking around". In that case, workers no longer with the company would be ineligible for the bonus, and should be required to refund 100% of the amount they receive.
3. The top brass are given "bonuses" (which include stock options) regardless of their performance or that of the company. Those who ran AIG into the ground, and left the company undercapitalized and vulnerable, should be fired and required to repay 100% of any bonuses they recieved. The rationalization that they are the only ones who understand finance well enough to fix the problems they caused is stupid.
Seriously, what has this country come to? Do you think Obama will sign a bill which will most likely be determined to be unconstitutional? I am embarrassed by the reckless action of our legislature.
Have you folks been following the NY Times?
Also, the House today passed a bill that will impose a 90 percent tax on companies that pay a bonus = companies that have accepted more than $5B in bailout money. Senate to consider a similar measure next week.