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The AAO Weblog covers accounting issues and current events as they relate the practice of investment analysis.

 
 
Feb 24

Written by: Jack Ciesielski
2/24/2006 7:40 AM 

Critics of the Sarbanes-Oxley Act often charge that the legislation was hastily slapped together after the world-class accounting scandals of 2001 that left investors holding an empty bag. They complain that it was a political move that was meant to make legislative supporters look like they were doing something, anything, to the voters back home. Efficiency be damned! Financial reporting must be cleansed.

No complaint here about clean financial reporting; I'm one of those starry-eyed believers that capital will find its best home (as it should) when there's good information for investors to decide where they want to put their capital. And I'd find it hard to believe that every legislator understood completely every facet of the Sarbanes-Oxley Act as it wended through the halls of Congress; I don't doubt that some voted for it simply because they wanted to be on the side of the angels. (Right answer, wrong reason.)

But "hastily slapped together" is one thing that isn't true. Don't believe me? Check out Broc Romanek's nifty little history of Sarbox from his blog posting of February 23 at TheCorporateCounsel.net Blog. Its roots extend back to legislation proposed after the accounting scandals of the 1970's - Penn Central, Equity Funding, and others - and due to inertia or fateful quirks (death of a key Congressional backer; another backer retired) - nothing happened. Until 2001.

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While we're on the subject of auditing: Floyd Norris serves up an interesting piece in this morning's New York Times. I recall that back in 2000 - coincidentally, just one year before all hell broke loose - the SEC was trying to increase auditor independence by limiting the consulting services audit firms could perform for audit clients. One of the defenses raised by the audit firms was that by doing the consulting work, the audit firms could do a better job of auditing. Floyd offers an anecdote involving BDO Seidman and an audit client where this just didn't hold true. Check it out here.

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Pension & Other Benefit Plans: A Look Ahead


    Investors in firms with defined benefit pension plans always face the risk of suddenly being pushed farther back in line when it comes to being served their returns. Variability in plan assets and variability in benefit plan obligations are the reason: poor asset returns coupled with sinking interest rates always spell tough times for defined benefit plan funding. In that regard, this year’s asset returns combined with the Fed’s “Operation Twist” add up to “Operation Agony” for defined benefit pension plans. If trends continue along their current path, firms that may have anticipated moving to more realistic pension accounting - like Honeywell, AT&T and Verizon already have done - might forego that decision. It could be just too painful. 

    Pensions aren’t the only kind of benefit plan affected by Operation Twist. Other postemployment benefit (OPEB) plans share much the same accounting model as pensions, including the calculation of a projected benefit obligation that similarly incorporates a discount rate - one that will also be affected by Operation Twist. The net OPEB obligations were slightly less than pension obligations at the end of 2010, but also promise to grow in 2011. Investors perceive them as less threatening than pension obligations because they don’t require funding. Strangely, there are a number of firms that are recognizing income from these benefit plans - without ever creating a dime of cash for investors.

A recent edition of The Analyst’s Accounting Observer dissects these issues, and is available only to paid subscribers. A condensed version is available for free upon request. To receive it, send an e-mail to Brenda Rappold at brappold@accountingobserver.com, with “PENSIONS” in the subject line.

For information about subscribing to The Analyst’s Accounting Observer, click here.