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

 
 
Jun 23

Written by: Jack Ciesielski
6/23/2008 7:27 AM 

The "death by delay" strategy seems to live on. Probably because it's working.

On Friday, the SEC announced that they will give another year of clemency to small companies (under $75 million market capitalization) for complying with Section 404 of the Sarbanes-Oxley Act. You know, the part that has to do with making sure that internal controls are in place and working - and that auditors agree with managementthat said controls are working.

The rationale: "The extension of the Section 404(b) compliance date for smaller companies is the latest in a series of Commission efforts to help reduce unnecessary compliance costs for smaller companies while preserving important investor protections."

Ah. Internal controls, and proving that they exist, are "unnecessary compliance costs for smaller companies?"

After this extension for small firms - I think it may be the fifth or sixth - they should just come clean and make an exemption instead of dressing it up as "studying the problem." It's already a de facto exemption, on a year by year basis. 

In other news, the SEC laid the groundwork for more study of the problem. They announced the blessing from the Office of Management and Budget for a "real-world" cost-benefit study on the Act's internal control provisions, to be carried out jointly by the SEC's Office of Economic Analysis, the Office of the Chief Accountant, and the
Division of Corporation Finance. Maybe their work will provide the groundwork for a real-world exemption. The announcement said nothing about the timing of the completion of their study, but it will have to be done pretty quickly if they want to get something effective by the end of the year - concurrent with the completion of this edition of the SEC.

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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.

 

 
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