- Whoever authored the bill allowing the bonuses to be paid is to blame the most – not the people accepting the bonuses. If there is a legally binding contract that says they get the money, then they should get. That’s how contracts work. If you’ve got a huge carrot (several million dollars of ‘bail out’ money), then you use that carrot to get what you want (removal of huge bonuses). But this has to happen before all terms are settled upon. In fact, removing the bonuses just becomes one of those terms. You don’t, after you realize you screwed up the negotiations, make a moral issue out of people following through on a contract all parties agreed to and then ‘legislate’ that moral issue because you look like a fool.
- What you especially can’t do is void such a legally binding contract. If you do, what reason would companies have to begin investing in our economy? They’d be quite aware that even legally binding contracts aren’t actually binding if the government is involved. The last thing you want to do is provide disincentives for future investment.
- Since just voiding the contracts (or that part of them) isn’t a good option there’s now a push to tax 90% of those bonuses. This option is just as bad as the previous one because the same disincentive for future investment remains. If the government is able to retroactively enact taxes on whatever the current ruling party wants, then why should anyone think their projected bottom dollar for their business will be the actual bottom dollar? If it’s determined that your company was too successful, then the government can just increase your taxes going backwards. If the proposal was to raise taxes on all 2010 bonuses, then this is much less problematic. Enacting retro-active taxes on people that are not politically popular is a very bad precedent to set. (And I know the AIG issue is related to personal bonuses, but there’s no in-principle way of keeping the two apart.)
In sum, voiding the contracts or levying huge taxes are both bad options and send a very bad signal to the business world. What the economy needs now are businesses willing to invest their capital, but both of these actions will make execs that much more hesitant to do so.
The federal government should have required that AIG not pay these huge bonuses as part of the terms of the bail out. But now is too late to demand the bonuses not be paid. Handling this before the bail out terms were settled would have been acceptable because both parties would have agreed that re-working the contract is in both of their interests (and this is precisely what happened concerning the auto-industry). Now that there is a valid contract one party can’t decide to renege to save face politically.
