Could EBA clarify which categories of staff should be taken into account when the remuneration bracket is calculated?
The RTS reads: ‘c) the staff member was in the preceding financial year awarded total remuneration that is equal to or greater than the lowest total remuneration awarded in that financial year to a member of senior management or meets one or more of the criteria in points (1), (3), (5), (6), (8), (11), (12), (13) or (14) of Article 3.’
Article 4(1)(c) of the RTS, as adopted by the Commission, differs slightly from the draft submitted by the EBA. Considering that the Commission formally endorsed the draft RTS as submitted by the EBA without changing the content, in accordance with the process in Article 10(1) of the EBA Regulation (as amended), and considering that members of senior management are covered by Article 3(3), Article 4(i)(c) should be interpreted in line with the EBA's draft and recital 13 of the RTS. The meaning of Article 4(1)(c) is the following:
c) the staff member was in the preceding financial year awarded total remuneration that is equal to or greater than the lowest total remuneration awarded in that financial year to a member of staff who meets one or more of the criteria in points 1, 3, 5, 6, 8, 11, 12, 13 or 14 of Article 3.
Staff are identified under this criterion when the staff member received, for a financial year, the same or more remuneration as the staff member with the lowest total annual remuneration who was identified by the above listed qualitative criteria. Remuneration of staff who are only identified by the criteria in points 2, 4, 7, 9, 10 or 15 is not taken into account for the calculation of the remuneration bracket.
Update 26.03.2021: This Q&A has been archived as the issue it deals with has been addressed in Article 92 Directive 2013/36/EU (CRD).