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FTCE School Psychologist PK-12 (036): Test Practice & Study Guide
- Course type: Self-paced
- Available Lessons: 127
- Average Lesson Length: 8 min
Eligible for Certificate: Yes
Certificates show that you have completed the course. They do not provide credit.
Watch a preview:chapter 1 / lesson 1What is Research? - Definition, Purpose & Typical Researchers
Course SummaryLearn more about the subjects you will encounter on the FTCE School Psychologist exam with our fun study guide course. Use the videos, text lessons and quizzes in these chapters as a mobile-friendly, review materials you can use to prepare for the exam at any time.
To Start This Course Today
Try it free for 5 days
1. Introduction to Research Methods in Psychology ({{ cp.topicAssetIdToProgress[23790].percentComplete }}%)
4. Developmental Psychology in Young People ({{ cp.topicAssetIdToProgress[260745].percentComplete }}%)
8. Creativity and Intelligence Development in Children and Adolescents ({{ cp.topicAssetIdToProgress[12285].percentComplete }}%)
9. Sensory, Perceptual & Language Development in Children and Adolescents ({{ cp.topicAssetIdToProgress[12286].percentComplete }}%)
11. Atypical Development in Children and Adolescents ({{ cp.topicAssetIdToProgress[12331].percentComplete }}%)
13. Biological, Social & Cultural Bases of Learning & Behavior ({{ cp.topicAssetIdToProgress[12288].percentComplete }}%)
15 chapters in FTCE School Psychologist PK-12 (036): Test Practice & Study Guide
About the Course
In addition to meeting educational and practicum requirements, prospective public school psychologists in Florida must pass the Florida Teacher Certification Examinations (FTCE) School Psychologist exam. This computer-based test is offered year-round by appointment. You'll have two and a half hours to answer the FTCE's 120 multiple-choice questions. Passing the exam can qualify you for state certification as a school psychologist for prekindergarten through 12th-grade students.
To assist you in your quest to pass the FTCE, we have developed this study guide on school psychology. It can introduce you to developmental psychology as it relates to children and adolescents, in addition to addressing the following topics and more:
- Clinical assessment in abnormal psychology
- Data-based decision making and accountability
- Individual differences in children
- Motivation in learning
- Cognitive perspective in psychology
- Creativity and intelligence development in children and adolescents
- Atypical development in children and adolescents
- Instructional pedagogy
- Rules and regulations in education
- Evidence-based interventions
The FTCE School Psychologist exam is offered at various sites in Florida and around the country. It measures prospective school psychologists' proficiency in several content areas, ranging from child and adolescent development to professionalism and ethics in school psychology.
FTCE School Psychologist Exam Preparation and Registration
This online school psychology study guide was developed by professional educators. The brief video lessons in this guide can serve as a refresher on topics you studied in college, and they could even introduce you to some new concepts. Included with each lesson is a self-assessment quiz, which can help you gauge areas where you might need a bit more study time. Additionally, the questions on these quizzes are modeled off those on the FTCE, so they can give you a sense of familiarity going into the exam.
Registration for the FTCE School Psychologist exam can be completed online. At the time of registration, you can choose which Florida school districts you want your scores sent to; scores also will be sent to your alma mater. An admissions ticket will be emailed to you following registration.
FTCE School Psychologist Exam Scoring
Although you can receive an unofficial score the day of your test, it will take approximately four weeks for you to get official test results. You must earn a scaled score of at least 200 points to qualify for certification as a school psychologist. The FTCE School Psychologist exam is broken down into the following content categories:
Measurement Theory, Test Construction, Research and Statistics
This section, which comprises approximately 7% of the exam, gauges your ability to identify measurement and test construction theories as well as principles of research design. You might also have to prove your knowledge of terms and concepts related to statistics and show that you can interpret research findings.
Data-based Decision Making and Accountability
Around 13% of the test questions center on data-based decision making and accountability. This section might address appropriate data gathering, evaluation and monitoring methods based on individual situations as well as specialized populations. You might also have to show that you can make data-based decisions at the individual, group and system levels.
Child and Adolescent Development
This section accounts for approximately 10% of the FTCE School Psychologist exam. Topics covered might include cognitive, intellectual, personality and social-emotional development as well as language and sensorimotor development. You also might be questioned about development of childhood and adolescent disorders.
Section 504 of the Rehabilitation Act of 1973 and Exceptional Student Education
For this section, you'll need to know about development of Individual Education Plans (IEPs) or Section 504 accommodation plans for students with various exceptionalities and disabilities. You also should be able to identify disciplinary policies and procedures for these students. Questions in this content area make up another 10% of the exam.
Curricula and Instruction
Your ability to recognize effective instruction and appropriate curricula will be tested in this section, which comprises 10% of the FTCE. You'll also need to know how to screen students for academic issues and when and how to intervene in these issues.
Biological, Social and Cultural Bases of Learning and Behavior
This content area measures your skills at identifying signs and symptoms of substance and child abuse as well as other traumatic events. Questions also might focus on various factors, such as culture, ethnicity, language and health, that can impact students' learning and behavior. This section comprises 12% of the exam.
Laws, Rules, Regulations and Court Decisions
Legislation that relates to public schools and school psychology is covered in this section, which makes up around 5% of the exam. This includes landmark court decisions as well as federal and state laws and policies.
Evidence-based Interventions
This is the largest section of the FTCE School Psychologist exam, comprising approximately 15% of all questions. You'll likely be asked about individual and group counseling theories as well as applied behavior analysis and crisis intervention techniques. Questions on this section of the test also might address bullying, school violence and suicide.
Consultation, Collaboration and Problem-solving
About 10% of the FTCE focuses on ways of consulting and collaborating with teachers, administrators, parents and other specialists to address students' academic, behavioral and/or social-emotional issues. You also might be asked to apply your problem-solving skills.
Professional School Psychology and Ethical Decision Making
The final 8% of the exam addresses organization and operation of public schools as well as professionalism and ethics in school psychology. Questions also might focus on the history of school psychology as a profession.
FTCE is a registered trademark of National Evaluation Systems, which is not affiliated with Study.com.
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I am so happy I got the opportunity to work with Chelsea! She contacted me about wanting a fancy smancy logo for her blog.
She wanted it to incorporate her robin's egg blue mixer, throw in a little "fun", add in some "faith" and finish it off with some "bazinga" (ok she didn't say "bazinga") (do you watch Big Bang Theory?) (cause if not then you have no idea what I am talking about) (bazinga) (you just googled it didn't you?)
I LOVE this color combo!
You can also check out more designs I have made over here! Thank you Chelsea for having me be a part of your blog :)

subset: commoncrawl


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The Milwaukee Journal Sentinel is reporting that efforts are underway to bring guitarist Les Paul back to his native Waukesha for a special concert, and that the concert location may be the new Marcus Majestic Cinema that is scheduled to open sometime in Spring.
The Majestic will have space for live performances in addition to showing movies, as part of the additional amenities that Marcus Theatres Corp. has announced for their newest theater.
Officials at Marcus Theatres confirmed that negotiations were under way to bring the event to the Milwaukee company's The Majestic theater, which is under construction.
Scheduled to open this spring, the cinema complex includes a concert auditorium that can seat 100 to 200 people.
Click the Read link below to read the entire article.
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NEW YORK -- Five quick thoughts on Duke's 74-64 win over Alabama on Wednesday night at Madison Square Garden in the semifinals of the NIT Season Tip-Off:
Thank heavens: New Yorkers, and college basketball fans across the country, get what we wanted -- No. 4 Arizona vs. No. 6 Duke, Friday night in the championship game. Between the Champions Classic in Chicago and now the NIT, the college basketball gods have been very kind this November.
Neither team had it easy in the semifinals. Arizona overcame a 19-point first-half deficit against Drexel, and Duke trailed Alabama by seven early in this game before getting into gear. The Blue Devils led by double digits at halftime, 33-22, and held off a strong Crimson Tide surge in the second half. Alabama drew as close as five.
Good as advertised: Duke's freshman stud, Jabari Parker, scored a game-high 27 points, shooting 9-for-12 from the field and 9-for-10 from the foul line. Quite a Madison Square Garden debut.
Parker has scored 20 points or more in his first seven collegiate games. The last freshman to do that? Kevin Durant.
Next up is a matchup with fellow top-5 recruit Aaron Gordon of Arizona. These two have many more Garden games in their future at the next level.
Change of direction: Duke entered this game with very gaudy offensive numbers -- sixth in the country in points per game (92.7) and third in field goal percentage (55.0). But defense is what jump-started them in this game.
The Blue Devils forced the Crimson Tide into 11 turnovers in the first half and held them to 34.6 percent shooting from the field (9-for-26). They took five charges in the first half alone, including three on Alabama leading scorer Trevor Releford.
For the game, Duke held Alabama to 40.4 percent from the field (23-for-57) and 16.7 percent from beyond the arc (2-for-12). The Blue Devils had played very poorly defensively thus far this season.
One to forget: Alabama isn't a good offensive team to begin with. But if Releford doesn't score, the Crimson Tide won't win many games.
Releford didn't get going until very late -- he went more than 26 minutes before scoring his first point. He finished with 11 points but shot just 2-for-7 from the field and had four turnovers. Releford came in averaging 18 points.
As expected: Alabama was picked to finish sixth in the SEC -- that sounds about right. The Crimson Tide are very good defensively, as usual. But coach Anthony Grant just doesn't have enough capable half-court scorers.


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The A Monster Calls movie trailer got my attention on so many levels. It's the story of a boy whose imagination and drawings come to life, featuring a powerfully evocative soundtrack, a visually magnificent monster, and brilliant film credits drifting over a backdrop of flowing inks and watercolors. The moment I saw the trailer, I wanted to make my own version of credits with flowing inks and watercolors. The problem was I didn't have the first idea how to create animated, flowing watercolors. From my limited experience with motion graphics and visual effects, I knew that learning to create fluid simulations with software such as RealFlow or Houdini FX would require a huge learning curve. Then, I remembered that I own an easy-to-use painting program called Rebelle from Escape Motions. I wondered if I could flow paint in Rebelle, so I began experimenting. The results were promising, yet the wet pigments moved much too slowly. That's when I got the idea that I could record the slowly flowing pigments using Screenflow software, then speed them up using After Effects' Time Stretch feature. To my delight, it worked! Through exploration, I also discovered that overlaying a craquelure texture from one of the French Kiss collections added depth and richness to the credits. Here's the final 25-second result set to music from the marvelous Art List website. I hope you enjoy it!
Here are links to the resources mentioned:
"A Monster Calls" movie trailer
French Kiss collections (15% discount with code MARKSJ15)
Art List / Art List song: Naked Memories by Earth


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Dear Friends,
I am delighted to announce our new location, Schechter Westchester in Hartsdale, providing a magnificent setting for Challenge Camp 2017, on the occasion of our 37th summer! We have made every effort to incorporate your comments and suggestions, and strive to meet the needs of all of our campers while staying ahead of the curve in terms of developing new and exciting curriculum. Our courses have been specially designed to meet the creative and intellectual needs of gifted and talented children.
The Program
Challenge Camp is a unique program for bright, curious children. The Challenge Camp advantage is that you and your child customize a program of selections based on your child's interests and the students follow their course selections for an entire session. As many of our courses are project based, you will see your child's knowledge and interest grow throughout the session.
Our Facility
Challenge Camp is located at Schechter Westchester, a picturesque campus with art rooms, science labs, computer and music rooms, and state of the art classrooms featuring Smartboards. There is a modern dining hall, prominent library/media center, a spectacular air conditioned gymnasium alongside an array of grass playing fields. The facility is fully air conditioned!
Morning Curriculum
In addition to returning favorites in the STEM and arts disciplines, we are introducing over 25 new morning workshops designed to stimulate the imagination of our campers. These selections include: Artificial Intelligence Gaming, Boom! Pow! Wow!, Fun with Photoshop, Galaxy Quest, Glorious Galapagos, Junior Architects, Little Fashionistas, My Green Thumb, Silly Superheroes, Stop Motion Animation and theater productions, "The Lion King" and "Peter Pan". We are continuing our innovative thematic approach to Pre-K learning with our Discover, Imagine and Create program.
Afternoon Challenge
The Afternoon Challenge features our outstanding sports program including the continuation of our popular Fencing, Swim and Tae Kwon Do programs. We are also introducing new enrichment classes this summer – 3D Puzzles & Mazes, Color in Motion, Edible Explorers, Marvelous Mosaics, Musique Fantastique, and Skateboard Deck Design are some of our exciting new additions.
Our Team
The charismatic and talented Joe Fields will return as Challenge Camp Afternoon Director. Marcy Geisser-Wolf coordinates all camp activities including instructing the Counselor in Training Program. Marc Berman and Michelle Segal will facilitate the administration of camp operations to make this a memorable summer for your child.
Our Services
Challenge camp has teamed with CampDoc to manage our Online Portal for registration and filing of health documents, http://app.campdoc.com/register/challengecamp. This is the preferred registration method. For your convenience, Challenge Camp offers a door to door transportation option. We also have early morning arrival or extended day programs to offer additional flexibility to families.
Please call (914) 779-6024 or email email@example.com to learn more about the benefits of early registration, sibling discounts and open house information. We are happy to answer any questions and look forward to providing a meaningful and fun summer experience for your child.
Carole B. Berman
Executive Director
Challenge Camps


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|12 Sep 2011
Take out the wifi card and test if you get any more bsod's. If you do , upload that info again please.
|My System Specs
|14 Sep 2011
alright. i've done a repair of windows live messenger.
i've also replaced the old belkin wifi usb to a brand new linksys wusb54gc.
|My System Specs
|14 Sep 2011
Hope it remains stable!
|My System Specs
|26 Oct 2011
hi guys, recently bsod again with 2 errors. one is dxgmms1 and 1 is ntkrnlmp.exe.
I've recently updated to the latest ATI drivers and installed Football Manager 2012.
attached are the minidumps.
appreciate the help.
|My System Specs
|30 Oct 2011
Please run these two tests to verify your memory and find which driver is causing the problem.
*Download a copy of Memtest86 and burn the ISO to a CD using Iso Recorder or another ISO burning program. Memtest86+ - Advanced Memory Diagnostic Tool
*Boot from the CD, and leave it running for at least 5 or 6 passes.
Just remember, any time Memtest reports errors, it can be either bad RAM or a bad motherboard slot.
Test the sticks individually, and if you find a good one, test it in all slots.
RAM - Test with Memtest86+
2-Driver verifier
I'd suggest that you first backup your data and then make sure you've got access to another computer so you can contact us if problems arise. Then make a System Restore point (so you can restore the system using the Vista/Win7 Startup Repair feature).
In Windows 7 you can make a Startup Repair disk by going to Start....All Programs...Maintenance...Create a System Repair Disc - with Windows Vista you'll have to use your installation disk or the "Repair your computer" option at the top of the Safe Mode menu .
Then, here's the procedure:
- Go to Start and type in "verifier" (without the quotes) and press Enter
- Select "Create custom settings (for code developers)" and click "Next"
- Select "Select individual settings from a full list" and click "Next"
- Select everything EXCEPT FOR "Low Resource Simulation" and click "Next"
- Select "Select driver names from a list" and click "Next"
Then select all drivers NOT provided by Microsoft and click "Next"
- Select "Finish" on the next page.
Reboot the system and wait for it to crash to the Blue Screen. Continue to use your system normally, and if you know what causes the crash, do that repeatedly. The objective here is to get the system to crash because Driver Verifier is stressing the drivers out. If it doesn't crash for you, then let it run for at least 36 hours of continuous operation (an estimate on my part).
If you can't get into Windows because it crashes too soon, try it in Safe Mode.
If you can't get into Safe Mode, try using System Restore from your installation DVD to set the system back to the previous restore point that you created.
|My System Specs
|31 Oct 2011
yo bro already done all that if you;ve seen my earlier posts...
memtest passed fine (7passes). infact the sticks were just replaced 2months back.
|My System Specs
|31 Oct 2011
The fact that you replaced them 2 months ago meansa that then they were working, doesnt mean they still are.
The DMPs still point to memory corruption.
What drivers did you tell verifier to examine? what were the results?
|My System Specs
|31 Dec 2011
hi, the pc crashed twice today with ntoskrnl.exe. Once while playing Company of Heroes. attached are the two dump files,
i realised i did not enable driver verifier, will do so now. in the meantime, do the attached dump files tell anything??
thanks in advance.
|My System Specs
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Owned since new?
Owned for how long?
6 year(s)
Buy this make again?
Under the bonnet8.0/10
for a small car it has plenty of power, even with the aircon on, it still accelerates well.
Comfort and practicality8.0/10
I'm not a huge person, so for me, even on a longer drive 2-3 hrs I am comfortable driving.


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Friday, November 9, 2012
The David Patraeus Love Triangle
Here's what we know thus far.
Paula Broadwell is having an affair with David Patraeus, about whom she's written a book described by Jon Stewart as prompting the question, Is Patraeus awesome or insanely awesome?
When Broadwell thinks her paramour is flirting with another woman, a veterans' advocate named Jill Kelley, Broadwell sends Kelley anonymous emails that are described as "harassing."
But Kelley has resources. A local FBI agent had pursued her, even sending her shirtless pics of himself, and so Kelley prevails upon this gentlemen "friend" to investigate. He obliges, referring the complaint to the bureau's burgeoning cybercrime squad.
When the agent, who is likely a Republican, thinks the case is stalled, he suspects a cover-up to protect Obama. So he does what any chain-of-command-abiding G-Man would do, and alerts Eric Cantor, the majority leader of the U.S. House of Representatives. Cantor, in turn, alerts the FBI director, and the rest is history—or at least developing.


text: So I know the Berlin congress is still 6 months away But I got excited as I looked at the congress schedule for the fall and it will most likely be the first congress I go to after I move to Europe. And also because I know it's one of the most popular congresses (and the biggest) in Europe, so I am excited to experience it for the first time. Anyone else thinking of going? I will likely get the Social Party pass, which includes the afternoon socials and evening parties. The afternoon socials sound like a great idea, it means that you can basically get up to 15 hours of dancing a day https://www.berlinsalsacongress.co/


text:
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The schools adjudicator's admission referral decision about Drapers' Academy.
PDF, 330KB, 10 pages
Decision reference: ADA3236, ADA3237 and ADA3238
Type of decision: referral of admission arrangements – do not conform.
School type: academy
School phase: secondary
Local authority: London borough of Havering
Admission authority: academy trust
4 October 2016
Office of the Schools Adjudicator
Don't include personal or financial information like your National Insurance number or credit card details.


text: I Am Ready To Face My Future - Good Or Bad Me Too Personal Stories, Advice, and Support 20 People Report Group Sort popular recent My Future No one knows what there future will be like. I'm not affraid what my future has in store for me at all. I just hope that I havethe best future ever. I look forward to what ever comes my way. I know that I can't change nothing at all. that may happen... acjf 22-25, F 0 Sep 1, 2010 More Stories


text:
Jeff Wilen of The Daytona Beach News-Journal has statements from both Kevin Nash and Eric Bischoff regarding the recent death of Andrew "Test" Martin.
Eric Bischoff commented by saying, "Being only 33 years old, it's another unfortunate incident. He obviously had challenges with addiction…We were friendly, (but) he had a different group of friends as we had an age difference. I did spend a fair amount of time with him (overseas trips, etc.). He was always first-class, very cordial and a polite, professional guy…I never saw any evidence of substance abuse until about a year and a half ago. All the time before that he was always sober and professional."
Kevin Nash commented by saying, "We were really close. I helped him get into rehab. WWE picked up the dollar and helped him through rehab. Andrew went in. He was doing really well, making his meetings…He went over and worked in Japan (recently). He was in that not as busy as you once were routine. We don't know the cause of death, and I would hate to speculate…The combination of muscle relaxers and pain pills are lethal..He was a great guy. I kind of looked at him like a little brother. I considered him one of my better friends…He was a big guy. He was a bud." Nash furthers his comments by saying that Test was in his list of top 10 friends, and now he's going to have to move someone else onto that list.
To read the whole article, click here.
Have a news tip? Attended an event and want to send a live report?


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TAMPA, Fla. (WFLA) – The energy in the room had all the makings of a high-profile political drama. People were pacing. Politicians were fidgety. Some of them looked anxiety ridden; others seemed annoyed.
The stage was set for an epic showdown, and the attendees did not disappoint. The tension-filled gathering in the Hillsborough County government building was an emergency meeting of the Public Transportation commission, called by Chair Victor Crist. Crist wanted to address recent allegations of ethics issues involving PTC Director Kyle Cockream.
8 On Your Side has been following the controversy surrounding the PTC and ride-hailing companies, such as Uber and Lyft. The controversy has been heavily discussed in both social and political circles in the Tampa Bay area, as well as documented in the media.
News Channel 8 uncovered emails that suggest a very chummy relationship between Cockream and cab companies, which the PTC is tasked with regulating. The emails have led to allegations of favoritism. The emails seemed to outline encouragement and suggestions by Cockream to a cab driver. The emails talk about fighting the ride-hailing craze in Tampa.
Right now, Uber and Lyft are technically illegal. However, drivers operate in droves and are busier than ever.
Cockream claims he isn't on anyone's side but his own. He told 8 On Your Side Tuesday morning he must "enforce" the law. He responded to allegations of favoritism by saying, "I am absolutely guilty of showing favoritism to those who are operating legally."
The meeting started out with a public comment period. The PTC director said that period turned into "a witch hunt."
Crist led the charge, what appeared to be a coup against his colleague. There were several options on the table, presented by PTC lawyers. The options included termination, resignation and administrative leave with pay.
Crist's push to remove Cockream was voted down by fellow commission members. "This is not a personal thing; it's a professional thing," Crist maintains. "It's about ethics. Read his emails. It's about truthfulness."
Those who opposed Crist's efforts to remove Cockream began trading insults and jabs, calling Crist's pleas to the PTC, "a diatribe" and an "orchestrated" plan. What the commission did agree on is that an outside third-party needs to come in and conduct a thorough review of the PTC.
8 On Your Side has been following the controversial case for months, reaching out time and time again to Cockream, even waiting for him at public events to address the allegations of ethical misconduct and favoritism. While he has avoided our cameras all this time, he finally spoke with News Channel 8 after the meeting.
"This was a witch hunt. When someone starts off by telling you it's not a witch hunt, you know it's a witch hunt. I have been offered money to walk away from this (and I refused), and I'm still here. If you want, I will open my bank account for you, showing full transparency. We need to regain the trust of the public. That's what we are here for," Cockream said.
Ultimately, in the end, Cockream kept his director position and plans to continue "enforcing" the law and ticketing Uber drivers if they fail to obey the law. "This was a circus and a witch hunt. I'm not going to participate in the circus. I want to do the right thing," he s


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Monthly Archives: July 2011
Crisis Communications Plan
Crisis Communications Plan for Camp Christy Corp. COMM 642 Crisis Communications Group 2 Department of Communication Studies Fort Hays State University Dr. Qingjiang Yao Written July 26, 2011 Kurt Beyers Li Li Xiaobo Feng Tested: _____________________________ _____________________________ _____________________________ … Continue reading
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Group Crisis Communication Plan
Crisis Communications Plan for Chinese Academy COMM 642 Crisis Communications Group 1 Department of Communication Studies Fort Hays State University Dr. Qingjing Yao Written July 25, 2011 Yanan Sun (Nan) Di Jiang (Jennifer) Yafan Duan (Jenny) Tested: … Continue reading
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Nex-Tech Wireless
Nex-Tech Wireless Crisis Communication Plan Media and Community Crisis Communication for Natural Disaster 3001 N.E.W. Way Hays, Kansas 67601 Created by: Mandeh Dapoet/Tasha Richmeier/Kylie Morel 7/25/2011 Manual Upkeep: The CEO or HR manager should assign a person either in … Continue reading
Assignment 4_Coca-Cola Case
Clark,Feng COMM 642 Assignment 4_Coca-Cola Case Coca-Cola Background: Headquarters of the Coca-Cola Company was set up inAtlanta,Georgia. It is the biggest company which produces soft drink concentrates and syrups in the world. In 1886, the pharmacist John S. Pemberton was … Continue reading
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Case Study Summary for Coca-Cola
Background: The Coca-Cola Company is a soft drink company which has a 125-year history. In 1886, the pharmacist John Stith Pemberton initially invited the non-alcohol beverage product through combining a fragrant, caramel-colored liquid with carbonated water. Because of its special … Continue reading
Coca-Cola Company Case Study (Yafan Duan)
Coca-Cola case study Background: The Coca-Cola Company was founded in 1892, which its headquarters located in Atlanta in Georgia State of the United States. Coca-Cola Company has binomial drinks in top 3 global drinks and 48 percent of global … Continue reading
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Coca-Cola Company (Nan)
COMM 642 Sun Yanan (Nan) Coca-Cola Company BACKGROUND: In May, 1886, Coca Cola was invented by Doctor John Pemberton a pharmacist from Atlanta, Georgia. John Pemberton concocted the Coca Cola formula in a three legged brass kettle in his … Continue reading


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LYNN, Mass. -- Wakefield was down 6-0 for most of the game, but in the middle of the fourth quarter drove the ball 78 yards in roughly 3:30 minutes to post their first score of the game, a one-touchdown run by Josh Puccio with 1:52 remaining.
The extra point by Brian Auld made the game 7-6, but the Warriors' defense stopped the Marblehead Magicians from scoring as they had much of the game, holding on for the win and the opportunity to play for the Division 2A Super Bowl on Saturday.
"All season, we've kind of had some tough games," said quarterback Jamie Bourque. "Earlier this year we were in the same situation down 6-0 at the half. Once we went into the half today down 6-0 we knew that we were going to be able to do it. Stick to what was working, just execute. The first half we kind of had the jitters, but at the half we got over it when we realized it was just another football game."
With 5:55 left in the game, Marblehead was stopped on downs and punted to the Wakefield 22. After two incomplete passes, Matt McKenna caught a throw from Bourque for the first down. thee run plays, the first and third by the running back Puccio (14, 2 yards) and the second by Dan Cardillo (3) gave the Magicians a reason to close in on the Wakefield offensive attack, but that is When Bourque dopped back and found McKenna for a 10-yard gain and the first down.
The next play, Cardillo again rushed for thee yards, but on the next throw Bourque and McKenna would go for the fences, the result a 34-yard pass that was brought down to the one yard line setting up a first and goal, for which Puccio was brought back in to finish the job and put his team on the scoreboard.
First Draw Not Enough: Marblehead's only score of the game came with 7:54 left the in the first quarter, just over two minutes after the game had started. Five straight rushing plays, the first two and the last two by Will Quigley, netted Marblehead a quick score. For the rest of the match either Quigley or quarterback Ian Maag would run the ball, with passing attempts by the Magicians all failing until the final drive, in which the two completed passes proved unable to pulled Marblehead out of the hole which had been dug for them by the Wakefield offense.
Options: On Wakefield's scoring drive, McKenna caught three passes from Bourque, and 11 yard, 10 yard and the final a 34-yard snag which brought the Warriors down to the Marblehead one yard line. Prior to that series, Bourque had thrown two passes, both of them to McKenna, only one of them connecting.
"Our game plan going in was to see if we could run the ball," said Bourque. "Once we realized we had some good matchups on the outside we figured that we'd take advantage of that when we needed to."
Lack of options: Marblehead's only score, and main offense producer was Will Quigley. Although he took numerous carries throughout the game, he was unable to score again, and did not gain more than four yards on a carry during the second half.
"We made some adjustments on our defensive line at halftime. I think early on we were pursuing just a little bit too much... and we have great linebackers. They did a great job along with the front line," added Wakefield coach Mike Boyages.


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"You have lived at least 300 lives, many of them a monastic life."
A past life regression therapist said this to me a few months ago as I was tying my sneakers, following an emotionally charged four-hour session. I remember looking up from my shoelaces and seeing this man bowing to me, with a kind of reverence that still gives me goosebumps.
If what he says is true — as my open-minded spirit battles with my inner skeptic here — then it's not so far off from the way I live my life now.
I'm not monastic in the religious sense — the orange robes, bibles or any of that stuff. But I am a seeker who is beginning to accept this: I enjoy solitude. The type of peaceful solitude revealed to me in one of two lives I experienced during my past life regression.
I enjoy silence. And being with my thoughts. Or not being with them. I choose to travel by myself more often than with others, because it gives me space to reflect and investigate. I often choose to spend the evenings by myself versus with friends or seeking out dates.
I am still conflicted about this, as I don't think this is what I "should" be doing. Not as a spunky thirty-something. I should be out and about, mingling with men and batting my eyelashes. Yet, being alone is what I am compelled to do. Or perhaps it's just what I'm more comfortable doing.
This Mother's Day, I spent the afternoon with my parents, sisters and my sisters' husbands. When I looked around the table and realized that I was the only person without a mate, I became sad. Then I became envious. Then I became curious.
Could the echoes of my previous lives as a monastic creature be unconsciously shaping my approach to life as a 21st-century woman living in Chicago?


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Man and Environment Multiple Choice Questions Test 18 Tests pdf Download
Practice biology test 18 on man and environment MCQs, grade 10 flows of materials and ecosystem energy multiple choice questions and answers. Flows of materials and ecosystem energy revision test has biology worksheets, answer key with choices as , greenhouse effect, global warming and both a and c of multiple choice questions (MCQ) with flows of materials and ecosystem energy quiz as the excess burning of fossil fuels leads to increased carbon dioxide which results in for competitive exam prep. Free biology study guide to learn flows of materials and ecosystem energy quiz to attempt multiple choice questions based test.
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"Top hat" plans are plans employers maintain for a "select group of management or highly compensated employees." These plans are exempt from many of ERISA's protections, including eligibility, vesting, fiduciary responsibility and funding. Thus, they are often used to provide benefits to management employees over and above those provided under the company's broad-based retirement plans.
Choosing which employees may participate in a "top hat" plan is an important decision, as selecting employees who are ineligible for this type of arrangement may lead to violations of ERISA, penalties, increased taxes, and other liabilities. For years companies, courts, and even the Department of Labor (DOL) have struggled with defining the group of employees who can participate in a "top hat" plan. Two recent federal court cases provide insight into the current state of the law and the factors courts consider when assessing "top hat" status.
In Bond v. Marriott International, Inc., Nos. 15-1160, 15-1199 (4th Cir. 2016) (Unpublished Opinion), the Fourth Circuit held that the plaintiff's claims were time barred, thus avoiding a decision on whether Marriott's deferred stock bonus awards program was a "top hat" plan. The Maryland district court, however, had determined that the plan was indeed a "top hat" plan (Bond v. Marriott Int'l, Inc., 296 F.R.D. 403 (D. Md. 2014). Former employees of Marriott asserted that a retirement awards program was not a "top hat" plan and thus subject to the ERISA vesting requirements. The plan used a prorated vesting formula based on each participant's service until he or she reached age 65. The plaintiffs in the case, who did not fully vest in their benefits as they terminated employment before reaching age 65, argued that this reduction in benefits violated ERISA. The district court accepted Marriott's reliance on the plan prospectus which stated the plan was "exempt from the participation and vesting, funding and fiduciary responsibility provisions" of ERISA, and Marriott's granting of retirement awards to less than 2 percent of their total workforce each year.
The plan sponsor also prevailed in another recent case, Sikora v. UPMC (12/22/15 W.D. PA), in which the court was called upon to review the criteria for "top hat" status. In Sikora, the district court made clear to be considered a "top hat", a plan must plainly "cover relatively few employees…and…cover only high level employees." A former vice president at UPMC sought benefits from his former employer's non-qualified supplemental benefit plan. Upon his voluntary termination, the plaintiff sought a lump sum payout, but instead received a written decision from the plan administrator informing him that he forfeited his fully vested account balance. Plaintiff filed suit alleging various causes of action while the defendant's contention was that the plan was a "top hat" plan and exempt from ERISA's vesting and non-forfeiture provisions. The court granted summary judgment for UPMC based on a plan participation rate of 0.2% and the titles and high compensation of the eligible participants.
Courts have received a variety of arguments discussing factors to be considered for when a plan should meet the "top hat" definition. For instance, in an amicus brief filed in Bond, the DOL asserted the Court should rely on its "bargaining power" interpretation. In 1990, the DOL released an Opinion Letter on this subject which set forth the last official statement of its view, which is that only those employees who "by reason of their position or compensation level, have the ability to affect or substantially influence, through negotiation or otherwise, the design and operation of their deferred compensation plan" are eligible to participate in a "top hat" plan. Remember, an Opinion Letter is not legal precedence, but merely expresses the DOL's view of how the law should be interpreted.
Bond does not accept the DOL's views nor expressly reject them. Instead, for a more thorough examination of the factors courts should entertain (and a vigorous repudiation of the DOL's "bargaining power" view), look no further than the decision in Sikora. There, the court relied on both quantitative and qualitative factors. First, in determining what is a "select group" hinges primarily on the percentage of the workforce participating in the plan. The court noted that several courts have found plans with less than 15% participation to be "select." Next, the court determined whether the "select group" consists exclusively of high-level employees by considering the following factors: (1) purpose of the setting up the plan, (2) plan eligibility criteria, (3) job titles of participants, (4) average compensation of participants, and (5) whether participants are eligible to participate in other key management or incentive plans.
More than 40 years after ERISA was enacted there is still no bright-line standard for determining "top hat" status. The area remains ripe for litigation as these recent cases demonstrate and a fertile field for employee counsel. Accordingly, we recommend regular review of top-hat plans to ensure they meet regulatory requirements and these outlined factors.
After the change in securities disclosure laws back in 2006, it was a common statement that the CFO of a public company was no longer covered by the $1 million deduction limit on non-performance based compensation under 162(m) of the tax code. This was (and is) because of a disconnect between the securities laws and the tax code.
The tax code says that the chief executive officer and each of the next four most highly compensated officers whose compensation is required to be disclosed pursuant to the securities rules are "covered employees" for purposes of the $1 million limit. The 2006 changes in the securities rules changed the disclosure rules to require disclosure of compensation of the principal executive officer (usually the CEO), the principal financial officer (usually the CFO), and the three most highly compensated executive officers other than the principal executive officer and the principal financial officer and up to two additional individuals in certain circumstances). The IRS said that lack of a reference to the "principal financial officer" in the tax code meant that CFOs, by and large, were exempt from 162(m).
However, when legal regimes cross, it's not always as simple as it seems. For smaller reporting companies (generally those with less than a $75 million in public float), the securities rules only require disclosure of the compensation of the principal executive officer (usually the CEO) and the next two most highly compensated executive officers (other than the principal executive officer). There is no reference to the principal financial officer (by title) in these rules.
In recent guidance (a Chief Counsel memo, to be specific), the IRS stated that, for a smaller reporting company, a CFO can be subject to 162(m) if he or she is among the two most highly compensated executive officers (other than the principal executive officer). Given the interaction of the tax code and the securities rules, this makes sense, and smaller reporting companies were likely already observing this rule. However, it serves as an important reminder to confirm any conclusion that involves the interaction of two different legal regimes.
With all the rulemaking required under the Dodd-Frank Act, it can sometimes be hard to keep up with the status of the various rules. Below is a handy chart that details the current status of the various executive compensation rulemakings. We plan to update this periodically for additional rulemakings, so be sure to come back and visit from time to time.
Last Updated: November 2, 2015
|Status of SEC Rulemaking
|Say on Pay; Say on Golden Parachutes
§ 951
|Requires advisory vote of shareholders on executive compensation and golden parachutes; advisory vote on frequency of say on pay
|Compensation Committee Independence
§ 952(includes comp consultant conflicts)
|Requires stock exchanges to adopt listing standards that require:
Requires disclosure of whether the committee obtained advice of a comp consultant, and whether the work raised a conflict of interest and how it was addressed
|Clawback Policy
§ 954
|Requires the company to develop, implement and disclose its policy for recovery of excess incentive-based compensation
|Pay versus Performance
§ 953(a)
|Requires disclosure of the relationship between executive compensation "actually paid" and the company's financial performance
|Pay Ratio – Internal Pay Equity
§ 953(b)
|Requires disclosure of: (1) the median of the annual total compensation of all employees (except the CEO); (2) the annual total compensation of the CEO; and (3) the ratio of the amount in (1) to the amount in (2).For purposes of the ratio, the amount in (1) equals one (1:450), or, the ratio may be expressed as a narrative (the CEO's annual total compensation is 450 times that of the median annual total compensation of all employees)
§ 955
|Requires disclosure of whether any employee or director may hedge or offset any decrease in the fair market value of company stock
|Chair and CEO positions
§ 972
|Requires disclosure of chairman and CEO structure
A recent case from a federal court in the Northern District of Georgia provides an interesting perspective on the termination of a nonqualified retirement plan with a traditional defined benefit formula offering lifetime annuity payments. In Taylor v. NCR Corporation et. al., NCR elected to terminate such a nonqualified retirement plan. The termination decision not only precluded new entrants to the plan and the cessation of benefit accruals for active employees, but it also affected retirees in payout status receiving lifetime payments. Those retirees received lump sum payments discounted to present value in lieu of the lifetime payments then being paid to them.
At the time NCR terminated the plan, its provisions apparently provided that the plan could be terminated at any time provided that "no such action shall adversely affect any Participant's, former Participant's or Spouse's accrued benefits prior to such action under the Plan. . . " The plaintiff was a retiree receiving a lifetime joint and survivor annuity of approximately $29,000 annually. As a result of the plan's termination, NCR calculated a lump sum benefit for the plaintiff of approximately $441,000, with the plaintiff ultimately receiving a net payment of approximately $254,000 after federal and state income tax withholdings.
The key allegations made by the plaintiff, as recited by the court, were (1) that the lump sum payment caused the plaintiff to incur a significant taxable event and (2) that the plaintiff objected to the use of a discount factor to reduce the value of the lump sum payment being made to him.
The court rejected the first claim by citing widely established precedent that tax losses do not fall within the relief available under ERISA. The court also rejected the plaintiff's complaint about the actuarial reduction, citing an Eleventh Circuit decision, Holloman v. Mail-Well Corp., in which the Eleventh Circuit seemed to conclude that the power to accelerate a stream of benefit payments necessarily included the ability to discount the value of those future payments to a present value lump sum.
The court faulted the plaintiff's allegations for simply complaining about the use of an actuarial reduction. The court stated that the allegation "that the present value reduction factor decreased his further monthly payments as correct, but irrelevant" as a present value decrease of future payments was "precisely the purpose of applying a present value reduction factor." Furthermore, the court said that the allegation that "the use of the present value reduction factor was, in itself, improper because it amounted to a reduction of his future monthly payments under the plan" was "incorrect as a matter of law."
The most interesting aspect of this case is how willing the court was to read a broad grant of authority into a very simple and concise reservation of an employer's right to terminate a nonqualified retirement plan. The court was willing to infer that the power to terminate necessarily includes the power to commute annuity payments to lump sums and to discount the value of those annuity payments using appropriate actuarial assumptions, including discount rates. This case did not survive NCR's motion to dismiss. The court indicated that it may have at least survived that stage of the litigation had the plaintiff alleged that the actuarial assumptions used by NCR were improper, rather than simply complaining about the mere use of such factors.
Last week the Securities and Exchange Commission (SEC) proposed a new Rule 10D-1 that would direct national securities exchanges and associations to establish listing standards requiring companies to adopt, enforce and disclose policies to clawback excess incentive-based compensation from executive officers.
- Covered Securities Issuers. With limited exceptions for issuers of certain securities and unit investment trusts (UITs), the Proposed Rule 10D-1 would apply to all listed companies, including emerging growth companies, smaller reporting companies, foreign private issuers and controlled companies. Registered management investment companies would be subject to the requirements of the Proposed Rule only to the extent they had awarded incentive-based compensation to executive officers in any of the last three fiscal years.
- Covered Officers. The Proposed Rule would apply to current and former Section 16 officers, which includes a company's president, principal financial officer, principal accounting officer (or if none, the controller), any vice-president in charge of a principal business unit, division or function, and any other officer or person who performs policy-making functions for the company. Executive officers of a company's parent or subsidiary would be covered officers to the extent they perform policy making functions for the company.
- Triggering Event. Under the Proposed Rule, the clawback policies would be triggered each time the company is required to prepare a restatement to correct one or more errors that are material to previously issued financial statements and would be applied to covered officers even in the absence of any misconduct. Changes to a company's financial statements that arise for reasons other than to correct an error (g., change in accounting principles, revision for stock splits and adjustments to provisional amounts related to a prior business combination) would not trigger any required recovery action.
- Three-Year Lookback. A company would be required to recover excess incentive-based compensation received by covered officers within the three completed fiscal years prior to the date the company is required to prepare the accounting restatement. Under the Proposed Rule 10D-1, an accounting restatement would be treated as required on the earlier of: (1) the date the company concludes or reasonably should have concluded that its previously issued financial statements contain a material error; or (2) the date a court, regulator or other authorized body directs the company to restate a previously issued financial statement to correct a material error. For example, if a company that operates on a calendar year determines in November 2018 that a previously issued financial statement contains a material error and files the restated financial statements in January 2019, the recovery policy would apply to all excess incentive-based compensation received by covered officers in 2015, 2016 and 2017.
- Incentive-Based Compensation. Under the Proposed Rule, incentive-based compensation is any compensation that is granted, earned or becomes vested (in whole or in part) due to the achievement of any financial reporting measure (g., revenue, operating income and EBITDA) or performance measures based on stock price and total shareholder return. Incentive-based compensation generally would not include salary, discretionary bonus payments, time-based equity awards, non-equity awards based on achievement of a strategic measure (e.g., consummation of a merger) or operational measures (e.g., completion of a project) or bonus pool awards where the size of the pool is not based on satisfaction of a financial reporting measure performance goal. However, if a covered officer earns a salary increase based (in whole or in part) on the attainment of a financial reporting measure, the increase could be considered a non-equity incentive plan award and subject to recovery under the Proposed Rule 10D-1.
For purposes of applying the three-year lookback period, incentive-based compensation would be deemed received in the fiscal period during which the financial reporting measure specified in the incentive-based compensation award is attained, even if the payment or grant occurs after the end of that period. Consequently, the date of receipt would depend upon the terms of the award. For example, if an award is granted based on satisfaction of a financial reporting measure, the award would be deemed received in the fiscal period when that measure was satisfied. However, if an equity award vests upon satisfaction of a financial reporting measure, the award would be deemed received in the fiscal period when it vests. Any ministerial acts or other conditions necessary to effect issuance or payment (e.g., calculating earned amounts or obtaining board of approval) would not be determinative of the date the incentive-based compensation is received by the covered officer.
- Determining Recoverable Amount. The amount subject to recovery would be the amount of incentive-based compensation received by a covered officer that exceeds the amount the officer would have received had the incentive-based compensation been determined based on the accounting restatement. Although the Proposed Rule does not specify a means of recovery, it does offer guidelines for determining the recoverable amount under different types of incentive-based compensation arrangements.
- Cash Bonus Pool Awards. The company would reduce the size of the aggregate bonus pool based on the restated financial reporting measure and if the reduced bonus pool is less than the aggregate amount of individual bonuses received from it, the excess amount of an individual bonus would be the pro rata portion of the deficiency. If the aggregate reduced bonus pool would have been sufficient to cover the individual bonuses received from it, then no recovery would be required.
- Equity Awards. The method of recovering equity awards would depend on the status of the award. With respect to shares, options or SARs still held by the covered officer at the time of recovery, the recoverable amount would be the number received in excess of the number that should have been received applying the restated financial reporting measure. If the options or SARs have been exercised but the covered officer still holds the underlying shares, the recoverable amount would be the number of shares underlying the excess options or SARs applying the restated financial measure. However, if the shares have been sold, the recoverable amount would be the sale proceeds received by the covered officer on the excess number of shares. In all situations, the covered officer's payment of any applicable exercise price would be taken into account.
- Nonqualified Deferred Compensation. The covered officer's account balance or distributions would be reduced by the excess incentive-based compensation contributed to the nonqualified deferred compensation plan and any interest or earnings accrued thereon. In addition, for retirement benefits under pension plans, the excess incentive-based compensation would be deducted from the benefit formula, and any related distributions would be recoverable.
- Exceptions to Recovery. Proposed Rule 10D-1 provides for two limited exceptions to recovery.
- Impracticable Recovery. Recovery would not be required if determined by the company's committee of independent directors (or in the absence of such a committee by a majority of the independent board members) to be impracticable because the direct costs of recovery would exceed the amount subject to recovery. However, before concluding that recovery would be impracticable, the company must make a reasonable attempt at recovery and furnish the exchange with documentation of its efforts. This and all other determinations made by a company under Proposed Rule would be subject to review by the listing exchange.
- Violation of Home Country Law. Recovery also would not be required if it would violate the company's home country law; however, the company would be required to obtain an opinion of home country counsel (acceptable to the applicable national securities exchange or association) that recovery would result in such a violation. In an effort to deter countries from changing their laws in response to this exception, the Proposed Rule would limit application of this exception only to laws adopted prior to the date of publication of the Proposed Rule in the Federal Register.
Under either exception, a company would be required to disclose why it decided not to pursue recovery of the excess incentive-based compensation.
- Prohibited Indemnification or Reimbursement. A company would be prohibited from mitigating or otherwise entering into an arrangement designed to avoid or nullify the effect of any required recovery, including indemnifying a covered officer against the loss of excess incentive-based compensation or paying or reimbursing the officer for the purchase of an individual third-party insurance policy to fund potential recovery obligations.
- Disclosure Obligations. The recovery policies would be a required exhibit to the company's annual report on Form 10-K. Additional disclosures would be required in the company's annual report and any proxy and consent solicitation materials requiring executive compensation disclosure if at any time during its last completed fiscal year the company either prepared an accounting restatement that required recovery action or had an outstanding balance of excess incentive-based compensation. The SEC also proposes requiring a company to make the appropriate amendment to the Summary Compensation Table for the fiscal year in which the amount recovered was initially reported and be identified by footnote.
- What's Next. The Proposed Rule is subject to a 60-day comment period following its publication in the Federal Register. The SEC is soliciting comments on virtually every aspect of the Proposed Rule so the final version of the rule could possibly reflect significant changes. Exchanges will have 90 days after the adopted version of Rule 10D-1 is published in the Federal Register to file its proposed listing rules, which must be effective no later than one year following that publication date.
Listed companies must adopt recovery policies within 60 days after the exchanges' rules become effective and begin enforcing such policies on all incentive-based compensation received by covered officers (current and former) as a result of satisfaction of a financial reporting measure based on financial information for any fiscal period ending on or after the effective date of Rule 10D-1. Failure to adopt and enforce the required recovery policies would subject a company to delisting.
See also this client alert Securities group posted on bryancave.com.
Companies should be aware that at least some major accounting firms are questioning whether discretionary aspects of clawback policies trigger variable accounting for compensatory equity awards granted by those companies. Existing accounting guidance (ASC 718-10-30-24) would seem to suggest that clawback features should not disrupt fixed accounting treatment because of their contingent nature.
Now, however, PricewaterhouseCoopers and KPGM, at least, are publicly expressing concerns about clawback policies focusing on their discretionary, rather than contingent, nature. A 2013 PricewaterhouseCoopers survey of 100 companies indicated that nearly 80% of those companies had clawback policies that had problematic discretionary provisions. A clawback policy could involve discretion as to what circumstances it may apply; whether it should be applied; and, if applied, how severely it should be applied. It seems that all aspects of discretion may be problematic. Companies adopting or modifying existing clawback policies should evaluate the potential risks of discretionary provisions and consider consulting with their independent accountants before adopting or revising those policies. This will be particularly true for public companies when it comes time to evaluate compliance with the much-anticipated SEC guidance on clawbacks that will finally implement the Dodd-Frank legislation of 2010.
Our sister blog, Start-Up Bryan Cave, recently posted about when and why to use the an 83(b) election. The post has a good discussion of the advantages and disadvantages.
One item it does not mention is the company's deduction, which is taken if and when the 83(b) election is made. In the absence of an election, the deduction occurs when the property vests.
Of course, for the company to take the deduction, it has to know that the election has been made. Even though the IRS rules require the recipient to give a copy to the company, another valuable planning point is to make sure that the agreement itself also requires the recipient to provide a copy of the election to the company.
Institutional Shareholder Services, or ISS, invites U.S. companies to verify the data it uses to evaluate proxy statement equity plan proposals. ISS previously announced a move to a "balanced scorecard" approach for its evaluation of equity plan proposals. Data verification is included as a key feature of this approach.
Data verification allows companies to preview, and if necessary update, the data used by ISS in its vote recommendation. Some companies have been frustrated when reviewing ISS vote recommendations that include inaccurate or misconstrued data. This program is designed to improve the quality of information used by ISS. See "FAQs: Equity Plan Data Verification" for details about the program. Below is a summary of some key features:
How to Participate
- The data verification program is optional.
- It is open to U.S. companies who have filed definitive proxy materials after September 8th, 2014 with an equity plan proposal (new or amendment) on the ballot.
- The data verification program does not apply to other compensation plan proposals such as cash and bonus plan proposals.
- To participate in the program, the company's proxy materials must be filed at least 30 days in advance of the meeting date.
- Data verification is only available to company contacts who register in advance to participate in the data verification program with ISS.
- Companies will have only a short period to verify their equity plan data – approximately two business days to review and respond.
- The window period is expected to open within 12 business days following the filing of the company's definitive proxy materials.
What Data
- ISS reviews definitive proxy filings, 10-Ks, 10-Qs, and 8-Ks, "among other documents" to gather data for its vote recommendation.
- Data submitted for the program must be consistent with relevant publicly-disclosed filings.
- ISS includes a list of data verification questions for companies to use in advance. The questions are helpful insight into the ISS "balanced scorecard" approach. The questions cover four areas:
1. Equity Plan Provisions – includes definitions and provisions covering stock option repricing, cash buyouts of underwater stock options, share recycling, limits on full value awards, fungible share counting provisions, evergreen share reserves, dividend/dividend equivalent rights, change in control definitions, triggers and effect on time-based and performance-based awards, and tax gross-ups.
2. Outstanding Stock and Convertibles – includes data covering the number of common shares outstanding, shares issuable upon exercise of outstanding warrants, conversion of debt, and outstanding weighted average common shares in the past 3 fiscal years in the computation of basic EPS.
3. Equity Grant Activity – includes data regarding time-vesting options, stock appreciation rights, full value and performance-based awards granted or earned in the past 3 fiscal years.
4. Shares Reserved and Outstanding Under Equity Compensation Program – includes number of shares reserved under the proposal, shares remaining available under all equity compensation plans, and shares subject to outstanding awards.
If your company is a publicly-traded U.S. company, or a company covered under ISS' U.S. policy, with an upcoming equity plan proposal, consider participating in the ISS equity plan data verification program. Remember that contacts at your company will need to register in advance (multiple contacts are permitted) and be prepared to act quickly to verify, and make any necessary corrections, to your company data.
In advance of filing your definitive proxy statement, consider reviewing the ISS verification questions and include the data, where appropriate, in clear and concise proxy statement disclosures.
Separation agreements almost always contain release provisions whereby one or both parties agree to waive claims that they may have against the other party; when the employee releases claims, he or she typically gains compensation or a benefit that he or she is not already entitled to receive. In a world in which every terminated employee is a potential plaintiff, employers should have a good grasp on how to draft a valid and enforceable release in a separation agreement. Here are five tips every employer should consider when drafting this type of a release.
Tip No. 1: Offer Valid Consideration
In order to have a valid and enforceable release agreement, the employer must provide the employee with payments or benefits the employee is otherwise not entitled to receive. Therefore, payments or benefits the terminated employee is otherwise entitled to receive either by law or pursuant to an employment agreement generally do not satisfy the consideration requirement. For example, conditioning the employee's release on the receipt of his final paycheck, earned commissions or vacation pay specified by an employee handbook or other policy will not constitute valid consideration. While severance pay is the most common type of consideration, it is not the employer's only option. Valid consideration can also include notice pay (i.e., pay in lieu of notice), continuation of health benefits at the employer's expense (note, there are tax issues associated with this approach), bonuses, unearned vacation pay, outplacement services or use of office services (e.g., secretarial, computer access, etc.), or relocation expenses reimbursement, among others..
Again, the most common type of consideration offered in exchange for an employee release is severance pay. However, as mentioned above, this severance pay has to be something other than what the employee is already entitled to receive. For example, if the employer has a severance plan written into an employee handbook in which the employee is entitled to receive one week of severance for each year of service and the payment is not conditioned on a release of claims, the severance payment offered in exchange for a release must exceed what the employee is already entitled to receive. However, there is a simple way around this issue – the written severance plan can expressly condition the receipt of severance upon the employee executing a release. This is discussed in more detail in Tip 2.
In sum, when drafting a release, the employer should always ask: Is this benefit or payment something the employee is already entitled to receive? If it is, then it is not valid consideration and the release will be unenforceable.
Tip No. 2: Condition Severance on the Execution of a General Release and Compliance With Other Contractual Provisions
If the employer negotiates the payment of severance in an employment agreement, it should always require the employee to execute a release as a condition of receiving severance (note the timing rules for this requirement discussed in Tip 3). By failing to include this provision, the employee could collect severance and still sue the employer for breach of the agreement, discrimination, or other claims under the employment relationship. Besides conditioning the payment of severance on signing a release, the employer should also condition payment of severance on compliance with other contractual provisions of the agreement such as provisions relating to the return of the employer's documents and property, non-disparagement, noncompetition, nondisclosure of confidential information, and nonsolicitation of customers and employees. Not only does this approach incentivize employees to honor their post-employment contractual obligations, but it also potentially avoids litigation by giving the employer the option to simply discontinue severance payments if the employee breaches the agreement.
Tip No. 3: Comply with Section 409A of the Internal Revenue Code
So far it seems simple—condition receipt of severance payments upon the execution of a release waiving employment claims such as disability discrimination, age discrimination, etc. It seems fair to say that severance payments don't begin until the employee returns the release agreement. However, this type of arrangement creates potential issues under 409A of the Internal Revenue Code ("Section 409A"). Under Section 409A, the concern is that the employee could wait to execute the release until the year following his or her termination in order to control the year in which he or she receives (and is taxed on) the severance payments. Because the severance is taxable when actually paid, the employee could hold on to a release and defer taxation in a manner the IRS deems abusive. The penalties for failure to comply with 409A are harsh (including a 20% excise tax). Although it is the employee who is ultimately penalized, these issues are typically brought up by employee's counsel during negotiations.
There are two common solutions for addressing the problem raised above. First, payment could begin upon a fixed cut-off date following termination of employment so long as the release becomes effective before that date. While this solution is relatively easy to implement, employees may not get their payments as quickly as they would like. Alternatively, the separation agreement could call for severance to begin upon return of the signed release within a fixed window (90 days maximum) following termination of the employment. To avoid the problem of the employee holding on to the release to affect the year the severance is taxable, the agreement would need to provide that if the release consideration period spans two calendar years, then the severance payments will be made (or commence, as applicable) no earlier than the first day of the second calendar year. While this approach is potentially more desirable for the employee, it can be harder for the employer to administer.
Legal counsel experienced with drafting 409A separation agreements can avoid potential liability by including "safe harbor" provisions or restructuring the agreement. Accordingly, employers should always consult counsel with Section 409A expertise when an employment agreement or separation agreement provides for any form of severance.
Tip No. 4: Use Clear Language in the Release
To the extent possible, draft an agreement that is simple and comprehensible. The agreement does not need to be a formal, lengthy agreement. Generally for claims to be effectively waived by agreement, the release must be "knowing and voluntary." To avoid a potential challenge from an employee that their release was not "knowing and voluntary," an employer should use clear language in the release. Furthermore, an employer should give an employee a reasonable amount of time to consider the release and afford the employee the opportunity to consult separate counsel. Note that the time period for considering and revoking a release might be governed by statute, and many states have specific statutory requirements that must be met in order to obtain an enforceable release.
Tip No. 5: Be as Specific as Possible, but Consider the Requirements of Each Waived Claim
Depending on the jurisdiction, a court may construe employee releases narrowly, limiting them to claims explicitly released. To avoid the potential challenge of the agreement being overbroad, employers should, if possible, include a release of specific claims (e.g., ADEA, ERISA, Title VII, etc.).
As a result, employers should consider the requirements implicated by each released claim. For instance, a waiver of Age Discrimination in Employment Act (ADEA) claims must comply with the requirements of the Older Workers Benefit Protection Act, 29 U.S.C. §§621 et sq. ("OWBPA"). Under OWBPA, the waiver must be "knowing and voluntary", as described in the statute. While courts have not traditionally applied the OWBPA requirements to non-ADEA claims, given the particular requirements of the OWBPA, it may be beneficial for an employer who is asking for a release of ADEA and non-ADEA claims to draft a release that complies with the OWBPA requirements.
Concluding Thoughts:
While this list is not by any means exhaustive, it highlights some of the most important considerations in drafting a valid and enforceable release in a separation agreement. As a concluding thought, while obtaining a release can be very desirable, an employer should be tactful in asking for a waiver of claims. Asking for a waiver in a separation agreement could inadvertently suggest that the employer believes that employee has a claim against it. To avoid any unnecessary litigation, an employer should be thoughtful in its approach to negotiating a release and always consult counsel with expertise in employment law.
As we have noted previously, March 15 is tax "Code Section 409A Day." For employers with calendar fiscal years, that is generally the last day an amount can be paid and still qualify as a short-term deferral that is exempt from 409A's stringent timing and form of payment requirements. But what does one do when March 15 falls on a weekend, as it does this year? You likely aren't cutting payroll checks on a Saturday. Can you wait until Monday to pay?
The answer is no. The rules are clear that the payment generally has to be made by the 15th day of the 3rd month (hence, March 15) of the year following the year in which either the right to the compensation arises or the compensation is no longer subject to a substantial risk of forfeiture (and note that for this purpose, the 409A definition is different than the Section 83 definition). (The deadline can be different if an employer has a non-calendar year fiscal year, but the concept is essentially the same.)
There are a few exceptions. First, if making the payment by the deadline is administratively impracticable and such impracticability was not reasonably foreseeable when the right to the compensation arose, then payment can be made after the deadline, as long as payment is made as soon as practicable. Of course, for 2014 it is difficult to argue that the impracticability wasn't foreseeable simply because you didn't happen to look into next March in your Outlook, iCal, or Gmail calendar.
A company can also pay late if the payment would jeopardize the company as a going concern and the payment is made as soon as practicable after the payment would no longer jeopardize the company. As you can probably tell, that is a pretty high standard.
Finally, if you're dealing with a public company, and the payment would not be deductible under 162(m), then the public company can pay as soon as the payment would be deductible. Here, however, you have to establish that a reasonable person would not have anticipated the application of 162(m) to the payment to be able to take advantage of the delay.
Regrettably, there is no exception permitting a delay in payment merely because the 15th of the month happens to fall on a Saturday, Sunday, or holiday.
So the bottom line is that you should make sure that any payments you want to qualify as short-term deferrals get paid by Friday the 14th. Unless you qualify for one of the exceptions, waiting until Monday is not an option.


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Our last day of summer ended on a very high note: our elder son's baptism.
Today, at Robinwood Lake, he made his profession of faith that Jesus was his Lord and Savior.
As Acts 22:16 tells us, "And now why do you wait? Rise and be baptized and wash away your sins, calling on his name."
As a parent, nothing means more to me, than his salvation. And I told him, after he came out of the water, that I was more proud of him now than I would be at his high school or college graduation because this was eternal.
We believe that you aren't saved through baptism, but that it is an outward profession of faith and, as Benjamin made his, tears streamed down my cheeks. He is my son and my brother in Christ.
And I cannot wait for the day that we see Cava do the same.


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The front of our 19th Century building with its imposing first impression, traditional windows, impressive sweeping staircase and high ceilings gives the wow factor as a popular venue for hire.
The Mansion House houses serves as the administrative hub of the college, housing some of the college's key staff management and administration departments. The first floor is also home to two key function rooms available for hire.
Our Sapsed and Hartoak rooms can be hired for social or corporate occasions, and can each accommodate up to 60 attendees theatre style. Open patio doors from the Sapsed onto the front lawn providing a welcome view to take in the lush greenery of this very rural but elegant campus.
Whether you're looking for a private 1:1 meeting space or a conference hall for up to 700 people, we have rooms to hire for all occasions.
Our range of classroom facilities are available to offer a more intimate space for up to 30 attendees. Available with our without computer facilities means we can provide room facilities tailored to your specific need. These rooms are perfect for small group training and team building. For the bigger crowd, take your conference or even to utilise the vast space of our Sports Hall, home in term time to our various sporting academies, Oaklands Wolves.
We can provide catering services too - everything from working lunches delivered to your meeting room to a full sit down meal for your team in The Stables restaurant. Catering can also extend to evening drinks receptions and light buffet options, with our teams ready to tailor make your menu to suit your guests requirements.
It makes natural sense to take advantage of the vast green space at St Albans Campus - the same space we that use ourselves to host a number of college community events on site. Our grounds are perfectly suited to accommodate outdoor fayres, functions and activities, with the availability to house temporary structures and create restricted areas. Our ample parking will be able to cater for all your guests.
Oaklands College has experience in organising and hosting large-scale outdoor events. Annually we hold The Lambing Weekend and Summer Fayre - two community events which see literally thousands of people visit this campus to enjoy our grounds and facilities. We know all about the finer details of planning a large scale event, and our team will help make your vision a reality.


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Newcastle United's new signing Hatem Ben Arfa has suffered a suspected double fracture of the fibula and tibia. According to L'Equipe Ben Arfa could be out for up to six months. The injury occurred in the opening moments of Newcastle's 2-1 defeat to Manchester City as Nigel De Jong robustly tackled the French international.
No foul was given by the referee Martin Atkinson as the Dutch international De Jong was deemed to have played the ball. Newcastle manager Chris Hughton was furious after the game.
He said: "Everyone will have their own opinion but it was a tackle that did not need to be made."
The tackle added to the result left Hughton a frustrated man at full time.
He continued: "When something like that happens and then to have some incredible decisions go against us it's hard to take."
The news will be a big blow to Newcastle as Ben Arfa had made an excellent start to his career with the Magpies. This included scoring a wonder goal at Goodison Park against Everton.
De Jong who committed the foul is no stranger to controversial tackles, he famously should have been sent off in this year's world cup final for a chest-high tackle on Spain midfielder Xabi Alonso. He was also involved in the tackle which broke midfielder Stuart Holden's leg in a world cup warm up.
Man City assistant manager Brian Kidd defended the Dutch star after the game.
He said: "There was no malice in it, definitely not. Nigel's not that type of lad."
Although no action was taken by Martin Atkinson, the FA may decide to act on the challenge if they deem it necessary to do so.For the latest news and updates from Goal.com, follow our Twitter account and join Goal.com USA's Facebook fan page!


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In the Raleigh area, winters are milder compared to other parts of the country. However, it does not mean you can go without a functioning heating unit. When it comes to heating your home, you need something reliable that won't break on the coldest day of the year. When you schedule service with Air Experts, we can ensure your heat pump or furnace is repaired or installed correctly the first time.
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Search Engine Optimization needs to involve innovation, clear & effective strategy and results that last longer. At AFMediaGroup, we consider these traits as the main keystones of our doctrine.
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