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Sep 18 2009, 12:10 pm

Fed To Curb Banker Pay?

The Wall Street Journal today is reporting that the Federal Reserve is finalizing a proposal to control banker pay. Wall Street compensation has been an extremely hot topic since the beginning of the financial crisis. Some have complained that the bonus culture widely accepted at banks provides incentives for short-term profits, despite the risk that actions might pose in the long-run. Some bankers and traders getting lofty bonus payments even as their firms were incurring huge losses exacerbated the disdain many Americans felt towards investment banks' compensation practices. Will the Fed change all that?

First, here's some detail, via the Journal:

Under the proposal, the Fed could reject any compensation policies it believes encourage bank employees -- from chief executives, to traders, to loan officers -- to take too much risk. Bureaucrats wouldn't set the pay of individuals, but would review and, if necessary, amend each bank's salary and bonus policies to make sure they don't create harmful incentives.


A final proposal is still a few weeks from completion and could be revised along the way, according to people familiar with the matter. It requires a vote by the central bank's board, but no congressional approval.

At this point, financial reform that would include compensation restraints will have a very difficult time getting through Congress. That's why the Fed setting rules would be a much easier road for such regulation.

The real question, however, is whether or not the Fed would actually affect compensation practices, or just create a regulatory framework as a sort of purely cosmetic move -- without ever really enforcing any changes.

Another thing to note is that the Fed's compensation oversight might not reduce compensation levels by one penny -- it could just change the mechanics for how banks pay their employees. In analyzing a speech Goldman Sachs CEO Lloyd Blankfein gave a few weeks ago, I noted that he called for Wall Street compensation changes without actually saying that bankers should be paid less. The Fed's regulatory framework could very well have the same philosophy.

But if the Fed's proposal does include compensation curbs and is accepted, what does that mean for banking? It's hard to say. You might expect to see some talent shift from member banks to smaller nonmember banks that are not required to adhere to Fed guidelines.

The logistics for that, however, could be challenging. All national banks are automatically required to be members, so they would have to be smaller, state banks. If nonmember banks, they would also be subject to the consequences of their actions -- unlike member banks who the Fed has generally worked to bail out when times got tough. So I would not expect to see member banks or its bankers suddenly all attempt to leave the Federal Reserve System: being a member has its benefits.

Could talent just flee to non-U.S. banks? Maybe, but many foreign nations are also considering curbing bank pay. In fact, compensation is set to be a topic of discussion at the upcoming G-20 meeting in Pittsburgh. France, Germany and Great Britain have all come out in support of changes in bank compensation practices.

I'll be very interested to see what this final proposal looks like when unveiled in the weeks to come. It could be very vague, simply requiring Fed approval for bank pay structures. Alternatively, it could provide insight to the types of pay structures it will accept and the types it won't. Clearly, the latter would be far more revealing in understanding the effect the new regulation would have on the financial industry.

Comments (2)

There is a problem with the bonus system, that is certain. I would argue the performance evaluation and termination system is an even bigger culprit in the financial crisis.

An example from today: Many money managers moved to cash as they were convinced that there would be a market correction in September. However, every day that passes and the market continues to climb those conservative money managers move one step closer to getting fired.

The same thing happened MBS/CDO market - anyone who felt there was too much risk and pulled back, was fired due to poor performance.

It seems that banks need to develop some sort of system that provides more job security for those who have a contrarian view of the market. Perhapse, instead of terminating a banker after a quarter of underperformance, maybe they can extend that to three or four quarters.

First, if the compensation structure changes without changing pay, that may still work to correct the poor incentives in today's structure. The large bonus structure encourages risk taking, so if bankers make the same money and 90% of it is salary instead of 60% of it, then the incentive to make big bets is reduced.

Also, a lot of the furor over bonuses in the aftermath of the bailouts was not so much about the fact that the current bonus structure encourages risk taking as it was about the fact that it doesn't seem to punish failure. So a change to the bonus structure that makes the incentives a bit more symmetric without changing a banker's overall earnings potential may work to curb excessive risk taking.

A lot of people were asking (rightfully) how a company on publicly funded life support could afford to pay out billions in bonuses. I don't like the idea of the Fed regulating all banks' pay structures, but I think it is reasonable for them to do so with banks that are currently in debt to the government. As it stands, the whole thing is a little to far reaching and vague and a little bit vengeful for my taste.