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

 
 
Aug 22

Written by: Jack Ciesielski
8/22/2006 6:42 AM 

You know the nearer your destination, the more you're slip-slidin' away...

Not likely Paul Simon had non-accelerated filers' internal control reviews in mind when he penned "Slip-Slidin' Away," but it perfectly describes the regulatory/industry attitude towards them. Every time the deadline draws near, there's another extension granted to non-accelerated filers. Compliance with SOX 404 just keeps slip-slidin' away.

The latest slide down the slippery slope of non-compliance was on August 9, when the SEC released a proposal for slip-slidin' the compliance date for non-accelerated filers from fiscal years ending on or after July 15, 2007 until fiscal years ending on or after December 15, 2007.

The reason is to give more time to managements to digest the new guidance the SEC plans to issue on Section 404 requirements as well as the new COSO framework on internal control assessments.

If the compliance date actually sticks (don't hold your breath), then calendar-year non-accelerated filers will be issuing their first management reports on internal control at the end of 2007. Their big brothers have been issuing such reports since the end of 2004. Given the bureaucratic build-up caused by the pandering to the small company front - increasing the guidance from regulators, COSO building a "lite" framework - it's no surprise that the compliance date is extended once again. If you have those constructs in place, then compliance dates have to be adjusted to accommodate them; that's what keeps the slope slippery.

The proposal document asks: "Are the proposed extensions in the best interests of investors?" No. The document also mentions that "...Approximately 44% of the domestic companies filing periodic reports are non-accelerated filers, and an estimated 38% of the foreign private issuers subject to Exchange Act reporting are non-accelerated filers." All that the delay does is give the opponents of any internal control reporting more time to lobby for changes to Sarbanes-Oxley. If they can't accomplish that should this delay become effective, then expect another slip-slide sometime next summer.

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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.