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Proxy Mentions and Court Opinions

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Proxy Statements That Mention ERI Data

Ameriserv Financial Inc /Pa/ (3/22/2022)-2021 Executive Officer Compensation
For 2021, we increased the Named Executive Officers’ base salaries in order to, among other things, maintain their compensation at a competitive level.  The committee’s independent compensation consultant provided an updated study to the committee in 2021 which included the compensation levels of each of the Named Executive Officers and those from the previously identified peer group.  The independent compensation consultant also examined with the committee the pay practices from other Pennsylvania, New York, New Jersey, and Ohio based financial institutions with assets generally between $1 billion and $2 billion, with data from the Economic Research Institute used to normalize the information for Johnstown, Pennsylvania.  The compensation/human resources committee also considered a number of factors in setting these new levels, including an annual review of peer compensation and the overall performance of the company.
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Fox Factory Holding Corp (3/23/2022)-Use of Market Data Analyses
In 2021, Aon was also engaged to perform executive and non-employee director pay analysis based on the Companys new peer group. In addition, in fiscal year 2021, the Human Resources staff purchased subscriptions to financial and executive compensation databases to obtain market data, including a subscription to the Economic Research Institute ("ERI"), a leading third-party compensation data provider, and Willis Towers Watson ("WTW"), a third-party compensation data provider for international compensation. Utilizing the data provided by ERI, the Human Resources staff reviewed the compensation of executives of peer group companies based on a number of criteria including, but not limited to: geography, revenue, growth rate, and types of products. During fiscal year 2021, the scope of ERI’s services to the Company was limited to providing access to its database to the Human Resources staff. The Human Resources staff also frequently monitors public sources known within the industry to keep up to date on market trends.
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Magellan Midstream Partners, L.P. (2/17/2022)-Market Analysis
Market competitive pay for each NEO was determined by evaluating base salaries and target incentive awards from our stated peer group and targeting the market median. When this information was limited, we blended peer group data and third-party survey information from Aon, Economic Research Institute, NFPCC, Mercer and TowersWatson.
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Sifco Industries Inc (12/23/2022)-Use of Market Pay Study and Independent Compensation Consultant
In establishing and evaluating fiscal 2022 compensation for our NEOs, the Company used market data from the Economic Research Institutes Executive Compensation Assessor. The Economic Research Institute data reflected compensation levels at companies of similar size engaged in aircraft parts manufacturing and applied geographic pay differentials to reflect the location of our operations. The Compensation Committee did not engage an outside compensation consultant during the 2022 fiscal year.
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Daktronics Inc /Sd/ (8/8/2022)-Benchmarking
The Compensation Committee also considers compensation data from the Economic Research Institute, which takes into consideration company size, geography, base salary and variable cash compensation but excludes equity incentive compensation information.
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Court Opinions

United States Tax Court: Eric G. Suder, Et Al., v. Commissioner of Internal Revenue (10/01/2014)
…Dr. Hafiz compared Mr. Suder to CEOs of companies with revenues in the $40 million range and an SIC Code of 3661, Telephone and Telegraph Apparatus Industry, in the Economic Research Institute (ERI) database... Mr. Longnecker compared Mr. Suder with CEOs in six different databases: (1) the ERI database of companies with an SIC code of 3660, Hi-Tech & Communications Equipment, in the United States; (2) the ERI database of companies with an SIC code of 3660 in Dallas, Texas…
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United States Tax Court: Aries Communications Inc. & Subs., v. Commissioner of Internal Revenue (04/10/2013)
...considered executive officer compensation and broadcaster gross income and profitability information from the National Association of Broadcasters (NAB) for the position of general manager and information from the Economic Research Institute...
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