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Proxy Mentions and Court Opinions

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Proxy Statements That Mention ERI Data

Ameriserv Financial, Inc. (3/19/2020)-2019 Executive Officer Compensation.
For 2019, 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 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 billon, 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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Sifco Industries Inc (1/7/2020)-Use of Market Pay Study
In establishing and evaluating fiscal 2019 compensation for our NEOs, the Company used market data from the Economic Research Institutes Executive Compensation Assessor, as well as recent proxy statements of peer group companies also engaged in technology-oriented metals manufacturing. 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.
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Fox Factory Holding Corp (3/26/2020)-Use of Market Data Aanalyses
In 2019, Aon was also engaged to perform executive and director pay analysis based on the Companys new peer group. In addition, in fiscal year 2019, 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. 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: (i) geography, (ii) revenue, (iii) growth rate, (iv) types of products, and (v) adjusted EBITDA. The scope of ERI’s services to the Company during fiscal year 2019 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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U.S. Concrete, Inc (4/1/2020)-Compensation Consultants and Competitive Benchmarking
For 2019, we also subscribed to an on-line compensation service available through the Economic Research Institute (“ERI”). ERI compiles a robust database on job competencies, cost-of-living increases and executive compensation surveys. These three databases are used to help gauge the competitiveness of our 2019 salaries and executive compensation practices.
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Daktronics Inc /Sd/ (7/16/2020)-Benchmarking
In making decisions regarding elements and amounts of compensation, the Committee considers the compensation paid to executive officers at similar levels and responsibilities. These are public companies in our geographical area (South Dakota, North Dakota, Minnesota, Iowa, and Nebraska) with revenues of between $250 million and $1 billion and with a focus on manufacturing or technology. The following list sets forth the companies comprising our peer group list: Apogee Enterprises, Inc.; Hawkins, Inc.; Badger Meter, Inc.; EVINE Live Inc.; Bio-Techne Corporation; Tennant Company; Winnebago Industries, Inc.; Lindsay Corporation; Raven Industries, Inc.; Actuant Corporation; Graco, Inc.; MTS Systems Corporation The Committee also considers compensation data from Salary.com and the Economic Research Institute, which takes into consideration company size, geography, base salary and variable cash compensation but excludes equity incentive compensation information. The Committee believes that its executive compensation is sufficiently conservative, as well as appropriately competitive, so as not to require an external consultant opinion.
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Lifeway Foods, Inc. (9/3/2020)-Benchmarking and Analysis: Our Peers
In identifying the peer group of surveyed companies, the Audit and Corporate Governance Committee considered market information available through both Equilar, Inc., a leading executive data solutions company, and the Economic Research Institute, an industry- and region-specific compensation database, as reference points and to assemble market data on companies having similar industrial characteristics and revenues to ours. The Committee, together with management and Lockton, review the gathered data for each of our NEO and other key employee positions and adjusted that data for the scope of each employee’s responsibilities at Lifeway as compared to equivalent responsibilities of positions within companies included in the survey data.
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Eagle Materials Inc (6/26/2020)-Compensation Peers
The data used by L&A in its survey of compensation, which we refer to as the “compensation study,” was weighted so that 50% was from published surveys from Economic Research Institute, Mercer, Pay Factors, Kenexa and WorldatWork and 50% was from compensation disclosures included in the proxy statements of members of our peer group. At the beginning of fiscal 2020 (spring 2019), L&A reviewed the Company’s current peer group for appropriateness and provided the Compensation Committee with recommendations for any additional peers to be included. L&A analyzed the Company’s peer group and potential modifications based on (1) other similar companies within similar industries, (2) revenue, (3) asset size, (4) market capitalization, and (5) enterprise value.
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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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