4 - Employee Bene ts and Perquisites— Part I Flashcards

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1
Q

Companies offer executive benefit plans and perquisites for a number of reasons. These types of programs are an integral part of executive compensation. They serve to ______ the executive-level employees.

A prime advantage of such supplemental plans is that the company can be selective in determining participation, extent of coverage, forfeiture and vesting provisions, and period of protection.

The disadvantage is that the company receives no ______until the benefit is paid. The advantage is that the executive receives a greater benefit than otherwise available, at reasonably attractive income tax rates.

Because the main appeal of perks is restricted use, they either (a) identify a group more exclusive than that covered by the long-term incentive plan or (b) reinforce the distinction between those covered under long-term incentives and all others, by de ning eligibility as participation in the long-term plan.

A

reward

tax deduction

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2
Q

Questions that should be raised in designing an employee bene t plan are:

  1. (a) What ______ should be provided?
  2. (b) Who will be ______?
  3. (c) Who will be _____?
  4. (d) Will there be _____ of coverage?
  5. (e) How will the plan be ______?
  6. (f) How much, if any, of the _____ will employees pay?
  7. (g) How will the plan be _____?
  8. (h) What program _______ is consistent with the organization’s culture?
A
  1. benefits
  2. eligible
  3. covered
  4. degrees
  5. administered
  6. cost
  7. funded
  8. balance
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3
Q

Defining benefit cost as a percentage of pay can be done in each of the three following ways:

  • (1) Dividing the total cost for all benefits by gross pay or _____ compensation
  • (2) Dividing the total cost for all benefits by base pay for _______
  • (3) Dividing benefits cost, excluding time off with pay, by _____.
A
  • W-2
  • time actually worked
  • gross pay
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4
Q

The executive, like everyone else in the company, is eligible to take a specified number of paid holidays. For most companies, these holidays are equivalent to two or three weeks. In addition, holidays called “______” may be provided. These are either predetermined by the company or left to employee choice. If left to employee choice, they may be suf cient in number to substitute for other popular holidays.

More important than paid holidays are paid vacations, which usually depend on the ________ with the company. It is common to find vacation time running from two to six or more weeks depending upon the policies of the company. Not many newly hired executives— even workaholics who are unlikely to take the full allowance—will be content with ____ weeks’ vacation. Thus, even if an executive is unable to take more than two weeks vacation a year, he or she will want to take advantage of any option designed to make the executive eligible for more vacation time. It is not unusual for companies to provide liberalized vacations for certain executives, identified by organization level and/or title. This may be a at four- or six-week minimum regardless of service or a supplement to the basic allowance. Also, executives may be allowed to accumulate any unused portion for one or more years.

A

floaters

length of service

two

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5
Q

Companies typically supplement the allowance provided for jury or witness duty. in other words, the company pays the individual as usual but expects the employee to sign over to the company any ______. some companies allow the employee to retain any allowance provided.

A

pay received

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6
Q

Accident or illness is covered by workers’ compensation if they are work-related or by disability pay plans if they are _______ in nature. Disability plans are short term or long term, depending on the length of absence. Normally, a short-term plan covers the first _____ months of absence at full pay.

While paid sick leave is a variation of short-term disability pay, it differs in that at the end of the year any unused sick leave is paid in _____. Disability pay is expressed in the maximum number of days or weeks that absence for medical reasons will be paid. Sick leave is usually described in the number of ________ each year.

A

nonoccupational

six

cash

days permitted

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7
Q

Long-term disability (LTD) bene ts begin when short-term bene ts expire. LTD bene ts are typically integrated with Social Security. LTD bene ts are added to Social Security payments to reach a speci c pay target, such as two-thirds of pay.

Long-term disability bene ts amounts are not normally affected by additional _______ purchased independently by the employee. Normally, long-term disability bene ts run for ____ years if the individual is unable to return to the same job he or she previously held. After this two-year period, it is common to continue benefits but only if one is unable to work at a job for which one is suited by experience, education, etc. Long-term bene ts can run from a short time period such as one year to much longer periods such as to age 65 or even for life. Since a signi cant portion of plan bene ts are after tax and gross pay is pretax, plan bene ts rarely exceed about two-thirds of gross pay.

Typically, broad-based long-term disability bene t plans discriminate against higher paid employees in two ways. These two ways are: (1) _______ pay is often excluded as a definition of pay, so the formula becomes two-thirds of salary rather than two-thirds of earnings, and (2) there is a maximum ______ beneft. However, it is not uncommon to supplement short- term and long-term disability payments by (a) increasing or completely removing the dollar maximum on bene ts and/or (b) increasing the time period of bene ts.

A

insurance benefits

two

incentive

monthly

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8
Q

the 1993 family and medical leave Act (fmlA) legally mandated time off to tend to family issues and/or recover from a medical problem. this act requires job-protected, unpaid time off for up to ____ weeks in a 12-month period. _____ benefits also must be continued.

A

12

medical

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9
Q

While such schedules do not provide additional pay for lost time, they increase exibility in the workweek schedule. Flexible scheduling includes variable start/stop times, variable workdays and job sharing. It also includes work at home, frequently referred to as _______ because of the electronic movement of the work rather than the physical movement of the individual. Not only does it eliminate transportation costs, evidence suggests it improves _____ and increases _____. For executives, the flexible work schedule also means working while commuting, whether being driven to work or back, or in the air. Transportation provides another opportunity for the executive to extend his or her workweek. Flexible work schedules for the executive’s _____ may make work more difficult because invariably the person the executive wants to see is not in.

A

telecommuting

morale

productivity

staff

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10
Q

For most employees, the employment contract is a _____ not a legal commitment. The idea behind today’s prevailing unwritten agreement between an employer and an employee is that in place of a job guarantee, the employer provides opportunities to acquire new ____. As long as an employee’s skills are needed and performance requirements met, the individual will have a job. When either is no longer true, the individual is discharged to nd work elsewhere but with newly acquired skills. In other words, the long-standing “__________” principle is truer now than ever before.

Newly hired executives and executives taking on new responsibilities should seek a written employment contract. Executive employment contracts typically specify the period of time covered, what constitutes acceptable performance and what the executive will receive in the way of compensation. In addition to stipulating compensation during the period of employment, the contract often will provide a ________ to cover what the executive has left behind in his or her old job and specify the terms and the conditions under which the executive is entitled to severance pay. Contract periods of three to five years are common, and they may provide for automatic annual renewal. Other common features include a process for resolving disputes and a clause barring the executive from disclosing confidential information, often for an indefinite period, and a noncompete clause that prevents the executive from engaging in any activities that are considered competitive to the employer. Normally, violation of a noncompete agreement results not only in the loss of future payments for _______, but may require the return of previous amounts if a ______ clause is included.

A
  • social
  • job skills
  • employment-at-will
  • signing bonus
  • severance
  • clawback
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11
Q

_______ is given to an employee who does not perform satisfactorily or who is no longer needed by a company. Conceptually, it is intended to bridge the period of ______ and to supplement governmental unemployment compensation payments.

Because it typically takes longer for a highly paid individual to find a new job, these benefits are very important to executives. However, most broad-based plans do not adequately protect executives since the normal pay period of weeks of pay is likely to be insufficient for their needs.

Therefore, some companies may devise a formula to address the issue of this pay for executives. A simple one would be one day of pay for every $1,000 of earnings or, alternatively, a ______ scale might be used. Or, some companies may adopt a more traditional two or three weeks per year of service for all employees including executives, except those executives whose pay is determined by the company’s compensation committee.

In addition to level of compensation, another factor in severance pay formulas is the general _______ of the departing executive. Other things being equal, a person with experience in several industries has an advantage over a person who has spent all of his or her working life in one industry. Furthermore, companies are likely to be more generous with an individual who has given all the outward appearances of trying.

A

severance pay

unemployment

graduated

marketability

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12
Q

Change-of-control contracts specify the pay and benefits an executive receives if his or her position is lost following a defined change of control of the company. The control change could be any of the following:

  1. (a) A specific percentage of the _____ shares having been acquired by a person or organization
  2. (b) A ______
  3. (c) A sale of a stated portion of the company’s _____
  4. (d) A specified change in the composition of the ________
  5. (e) ______ or dissolution of the company.

The contract may be activated at time of shareholder approval or later when the transaction is completed. Typically, these are called _______

A single trigger contract typically permits the covered executive to leave voluntarily within ___ days following a change in control and receive all the bene ts stated in the contract. A modified single trigger contract provides severance benefits for a voluntary termination typically within 30 days after a one-year anniversary of the defined change of control. Sometimes called a _____, it is in essence a delayed single trigger contract. Its purpose is to retain key executives for a stated period to ensure a smooth transition of leadership.

A
  1. voting
  2. merger
  3. assets
  4. board of directors
  5. Liquidation

called golden parachutes.

30

walkaway

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13
Q

Double trigger contracts, the more ______ of the two, require both a change in control and either involuntary or constructive termination.

An involuntary termination is one in which the executive is asked to leave; in a constructive termination, good cause is provided for the executive to leave within a specified period following the change of control, typically two to three years.

A ______ is a modified trigger that permits voluntary termination with full bene ts for a brief period after one year in addition to being a double trigger for the first two to three years. Since the ____-year average is the base for calculating the allowable golden parachute payment, it favors individuals who had significant ____ earnings during this period. Namely, it would be advantageous to have large stock option exercises, big incentive payouts, and no _____ of pay.

A
  • prevalent
  • hybrid
  • five
  • W-2
  • deferrals
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14
Q

Some companies promise to gross up the payment to executives to ensure they receive the annual net of any excise taxes. In doing so, the company may also include other items in the contract. The most common is ________ vesting of all unvested stock options and stock awards. It may further require immediate payout. The value of a golden parachute to an executive is _____. It is a good severance package. The value to shareholders is that since executives are protected nancially, they should not be worried about losing their jobs, and thereby, be free to negotiate the best possible arrangement for shareholders.

At the time of a takeover, some companies have extended to all employees the type of severance bene ts usually reserved for executives. The all-employee protection plan is often called a _______. In designing or reviewing these, it is useful to compare the two payouts as well as comparing them to a standard termination schedule. Parachutes that are significantly more liberal than the Internal Revenue Code-defined golden parachutes are often called _______ parachutes.

A
  • immediate
  • clear
  • tin parachute
  • platinum
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15
Q

____________ is the help provided an employee in getting a new job. This includes preparing or updating a resumé and circulating that resumé to those who might be hiring, rst within the company to eliminate the need for severance pay and to permit the individual to continue the company bene t plans. If this fails, an external search is undertaken. Assistance is also provided in qualifying for unemployment compensation.

Employers often provide terminated executives more deluxe assistance at time of severance. The executive may be counseled either by company consultants or outside specialists on assessment of personal strengths and weaknesses, developing a plan of action for getting a new job, preparation of a resumé and conducting an effective job interview. All this advice is directed toward assisting the terminated executive to get a new job quickl

A

Outplacement assistance

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16
Q

the ______ policy reimburses a portion of the relocation expenses of newly hired employees who must move in order to join a company. At lower levels, this might simply be the cost of travel and moving the family possessions. At the executive level, this could include guaranteeing a selling price and a loan for a new residence.

When a company wishes a current employee to relocate to another area, it is customary to reimburse the individual for a significant portion of the relocation expense. in addition to paying for the cost of moving the employee and family, many companies will pay all or a portion of _______ costs. this would include any loss the individual might incur in selling below the appraised value of the house, travel and lodging accommodations while searching for a new home, carrying charges on the old house, and low-cost or no-cost loans until such house is sold. in addition, a _____ payment might be included to cover miscellaneous related expenses. if loans are involved, it must be remembered that loans may not be extended to ______ under the Sarbanes-Oxley Act.

A
  • assignment
  • selling
  • flat
  • insiders
17
Q

Dependent care has been expanded to include support in caring for dependents other than children and now includes _____ and ______ of executives. Executives must often ensure that ailing parents receive proper care.

  • The first stage of assistance is typically having someone come to their house and provide meals and _______ services.
  • The next stage is providing the service in a _______ facility, sometimes called an independent living facility.
  • In the third stage, for those still healthy enough to live on their own, meals and other social events are provided in common areas.
  • The fourth stage is _______ services for those unable to perform one or more activities of daily living. Ideally, the person is able to transition smoothly from one service to another without moving.

The need for child care exists because of the large number of _______ and __________. The benefit ranges from a simple referral service where recommended providers are located to a company facility to various financial support programs.

A
  • spouses and parents
  • housekeeping
  • shared living
  • full nursing
  • working women and single parent families
18
Q

For those interested in additional education, some form of educational assistance is usually available. Such a program might pay ___% or more of tuition and related expenses. The percentage reimbursed may be based on the grade received in the course. For the executive, this benefit could be combined with a fully paid _______ for a year to obtain a master of business administration degree (M.B.A.) or complete a doctorate degree (Ph.D.).

A

75%

sabbatical

19
Q

Employee assistance programs began by focusing on problems of _______ but have been expanded to cover virtually any problem troubling an employee, ranging from family responsibilities to marketplace issues. Companies believe that ________ is negatively affected when issues trouble employees. Employee assistance programs are intended to help. Services range from referrals to actively meeting with and trying to help the employee with his or her problem. The service may be on site or off site. An important issue is _______.

A

substance abuse

productivity

confidentiality

20
Q

In some companies, credit unions are available to cover employee needs for loans. In others, the company will establish a loan policy to cover such items as relocation and the education of dependents.

No-interest or low-interest loans to executives became more common as companies required they buy and hold significant amounts of company stock. These multimillion dollar arrangements were often speci ed in the employment agreement. Sometimes they were used for purposes other than purchasing company stock such as buying a new home, especially where relocation was required. Carried on the company books as an asset, under some circumstances they were forgiven. However, if the executive left the company, repayment was required. The Sarbanes-Oxley Act changed all of that for insiders, who are in general prohibited from receiving company loans.

Loans can still be granted to assist the “______” in purchasing company stock or nancing a stock option. This is often after the stock price has dropped and the bank is pressuring the executive by calling unsecured demand loans or through margin calls on loans for which the stock or other securities have been pledged as collateral. Company loans may be either recourse (backed by collateral other than the stock being purchased) or nonrecourse loans. If the executive fails to meet the scheduled payments on a recourse loan, the company can seize the collateral. In a nonrecourse loan, the stock serves as collateral. The company would need to recapture the forfeited amount through other measures if the forfeited stock value were insuf cient to cover the loan.

A

“noninsider”

21
Q

A comprehensive financial planning service would focus on minimizing ______ and maximizing both _______ opportunities and ______ preservation. Typically, it begins with a thorough review of a person’s income, expenses, assets and liabilities, along with the individual’s objectives and investment philosophy. This leads to establishing priorities and time lines with forecasted nancial positions in stocks, bonds and real estate.

Many companies have implemented personalized full-service programs regarding nancial planning. Many executives choose a broad-gauge advisor, such as a certi ed nancial planner or a certi ed public accountant. Another form of assistance comes from the professional organizer, who puts everything in place and sets up easy-to-maintain record systems. Typically, a company selects several nancial services rms, allowing the executive to choose one.

________ is often a key determinant in the process. At lower management levels, individuals would be eligible to attend a one- or two-day seminar. Regardless of the type of program, some companies request the executive sign a release allowing the company to provide the financial planner with speci c information about the executive’s pay and bene ts and a waiver holding the company harmless for any adverse consequences based on the information received.

A

income taxes

investment

estate

Personal chemistry

22
Q

A key objective in estate planning is to provide an orderly plan whereby the executive’s assets are delivered to the proper individuals in the most ______ manner. Certainly, the most basic provision is a properly executed _____.

Another key requirement of estate planning is to ensure that sufficient _____ exists, not simply to meet estate taxes, but also to provide for seizing favorable investment opportunities. Although subject to estate taxes, lump-sum payments from pro t-sharing and savings plans provide a form of liquidity in addition to life insurance proceeds.

A ______ is created when an individual takes title to property and administers it for the benefit of the person creating the trust, other identi ed individuals and/or the trustee. There are two types of trusts. An _______ trust is formed while an executive is still alive. A ______ trust is created by the executive’s will. Inter vivos trusts may be either revocable or irrevocable. Testamentary trusts are always _______. The grantor cannot withdraw property transferred through an irrevocable trust. Assets are distributed in accordance with the terms of the trust to bene ciaries designating the occurrence of a speci ed event or attainment of a point in time. Such trusts can be designed to be either short term or long term in duration, depending on the objective in establishing the trust.

A revocable or ______ trust is a legal entity to which the executive transfers all or part of his or her assets. Although no longer in the executive’s name, the assets remain under the executive’s complete control, since the power to add or withdraw assets and amend the conditions of the trust is retained.

A
  • tax-effective
  • will
  • liquidity
  • trust
  • inter vivos
  • testamentary
  • irrevocable
  • living
23
Q

Liability insurance is designed to protect the insured from ______ liability imposed because of a failure of the person to use proper care in a given situation. Liability can be imposed upon a person because he or she damaged property or caused some form of personal injury or death.

Business liability insurance is commonplace for corporate officers and members of the board of directors. Those who have fiduciary responsibilities, as defined by the Employee Retirement Income Security Act (ERISA), are often covered for their business actions. Whether or not such protection can be purchased by the company is often a function of the state in which the company is incorporated. Where possible, it is common for the company to purchase protection and, since it is a business expense, the company takes a business deduction without creating an income tax liability for the executive. Should the executive be on the board of directors of his or her own company or another company, he or she should be sure that the company-provided director and of cer (D&O) liability insurance is adequate in both amount and coverage. Many executives seek an _______ agreement whereby the company agrees to reimburse the executive or director for any legal actions not covered by the D&O liability insurance.

A

legal

indemnification

24
Q

The job title is a very visible ____ and entirely _____ compensation. Titles are often tied to salary and/or organization levels. In many instances, they have _____ to denote corporate versus group or divisional level. No one should report to someone with the same title unless that person is in a higher corporate grouping. While pay range usually goes with the title, in many situations, companies use titles instead of increased _____.

A

perk

intrinsic

modifiers

pay

25
Q

A transportation benefit can range from simply reimbursing commuter expenses to providing access to a company jet. Some companies pay daily commuting expenses where mass transit systems exist. Others facilitate carpooling through scheduling or underwriting a portion of the expense. In urban areas, choice parking space is typically reserved for executives and visitors with other spots lled on a rst-come, rst-served basis.

Personal use of corporate ______ has been a very popular perk for both business and personal use. As a business form of transportation, it affords a flexibility of scheduling not possible with commercial ights. In addition, some locations are not serviced by direct commercial ights, and use of corporate aircraft allows more ef cient use of executive time. Companies not interested in maintaining a corporate aircraft program may opt to participate in a fractional _______program. The fraction of ownership selected is based on the number of hours one expects to fly.

Use of a car (and a cell phone) is a rather common benefit for executives, at least for business travel. Many companies go a step further and allow personal use of company cars, which is reimbursed by a fixed monthly charge or on a mileage basis. If the executive is to avoid an ______ income, the company must assess a charge for personal use of the automobile and phone. One approach is to maintain records of personal use and at the end of the year, impute the personal use portion. Increasingly, companies are providing chauffeur- driven limousines under the guise of protection for the executive.

A

aircraft

jet ownership

imputed

26
Q

Paying for travel and entertainment expenses incurred on behalf of the company due to business responsibilities is a traditional benefit. An expense while on the road or anything in excess of $____ requires a receipt. Apartment or hotel rooms are often provided in a city where company offices are located. Club memberships take many different forms, ranging from simple dining memberships at facilities usually close to the of ce, to the full range of athletic or country clubs. While paying all or part of the dues to an exclusive country club is fairly normal, some companies go one step further and own the club.

A number of companies provide their executives with credit cards. The company not only pays the annual charge but also may in fact pay the full-interest charges. In addition to the normal travel and entertainment policy of the company, certain individuals may be given broader discretion through liberalized expense accounts. Another well-received perk is rst- class travel on commercial airlines. It makes sense to provide such accommodations for those who travel who are entitled to use the corporate jet.

The ______ is another visible service program perk. By using different characteristics of of ce spaces, it is easy to develop a hierarchy to re ect organization status.

A

25

office