F-32
appealed this ruling to the Swedish Supreme Administrative
Court; however the Swedish Supreme Administrative Court
denied our request for a ruling based on procedural
requirements. In the third quarter of 2015, and in October 2016,
we received notices from the Swedish Tax Agency that interest
deductions for the years 2013 and 2014, respectively, have been
disallowed. We have appealed to the Swedish Lower
Administrative Court and continue to expect a favorable
decision. Since January 1, 2013, we have recorded tax benefits
of $50 million associated with this matter. We continue to pay
all assessments from the Swedish Tax Agency while this matter
is pending. If the Swedish Courts agree with our position we
will receive a refund of all paid assessments; if the Swedish
Courts disagree with our position, we will record tax expense
of $38 million, or $0.22 per diluted share, which is gross of any
related U.S. tax benefits and reflects the impact of foreign
currency translation. We expect to record recurring quarterly
tax benefits of $1 million to $2 million with respect to this matter
for the foreseeable future.
Other Tax Matter
In December 2012, the Swedish Tax Agency approved our 2010
amended VAT tax return and we received a cash refund for the
amount claimed. In 2013, we filed amended VAT tax returns
for 2011 and 2012 and utilized the same approach which was
approved for the 2010 filing. We also utilized this approach in
our 2013 and 2014 filings. However, even though the VAT
return position was previously reviewed and approved by the
Swedish Tax Agency, the Swedish Tax Agency challenged our
approach. The revised position of the Swedish Tax Agency was
upheld by the Lower Administrative Court in 2015. As a result,
in 2015, we reversed the previously recorded benefit of $12
million, based on the court decision. We have appealed the
ruling of the Lower Administrative Court to the Court of
Appeals.
11. Retirement Plans
Defined Contribution Savings Plan
We sponsor a 401(k) Plan for U.S. employees. Employees are
immediately eligible to make contributions to the plan and are
also eligible for an employer contribution match at an amount
equal to 100.0% of the first 6.0% of eligible employee
contributions in 2016, 2015 and 2014. Savings plan expense
included in compensation and benefits expense in the
Consolidated Statements of Income was $11 million in 2016,
$10 million in 2015 and $9 million in 2014.
Prior to 2015, we had a profit-sharing contribution feature to
our 401(k) Plan which allowed eligible U.S. employees to
receive employer retirement contributions when we met our
annual corporate goals. Employer retirement contribution
expense recorded in compensation and benefits expense in the
Consolidated Statements of Income was $3 million in 2014.
Pension and Supplemental Executive Retirement Plans
We maintain non-contributory, defined-benefit pension plans,
non-qualified SERPs for certain senior executives and other
post-retirement benefit plans for eligible employees in the U.S.,
collectively referred to as the Nasdaq Benefit Plans. Our
pension plans and SERPs are frozen. Future service and salary
for all participants do not count toward an accrual of benefits
under the pension plans and SERPs. Most employees outside
the U.S. are covered by local retirement plans or by applicable
social laws. Benefits under social laws are generally expensed
in the periods in which the costs are incurred. The total expense
for these plans is included in compensation and benefits expense
in the Consolidated Statements of Income and was $23 million
in 2016, $22 million in 2015 and $21 million in 2014.
Nasdaq recognizes the funded status of the Nasdaq Benefit
Plans, measured as the difference between the fair value of the
plan assets and the benefit obligation, in the Consolidated
Balance Sheets. The funded status related to the Nasdaq Benefit
Plans was underfunded by $59 million at December 31, 2016
and $64 million at December 31, 2015 and is included in
accrued personnel costs and other non-current liabilities in the
Consolidated Balance Sheets. The fair value of the plan assets
was $74 million as of December 31, 2016 and $70 million as
of December 31, 2015 and the benefit obligation was $133
million at December 31, 2016 and $134 million at December
31, 2015. The plan assets of the Nasdaq Benefit Plans are
invested in securities per target allocations adopted by Nasdaq’s
Pension and 401(k) Committee and are primarily invested in
equity and fixed income securities, which are primarily
categorized as Level 2 in the fair value hierarchy.
Accumulated Other Comprehensive Loss
As of December 31, 2016, accumulated other comprehensive
loss for the Nasdaq Benefit Plans was $21 million reflecting an
unrecognized net loss of $35 million, partially offset by an
income tax benefit of $14 million, primarily due to our pension
plans.
Estimated Future Benefit Payments
We expect to make the following benefit payments to
participants in the next ten fiscal years under the Nasdaq Benefit
Plans:
Pension
SERP
Post-
retirement
Total
Fiscal Year
Ended:
(in millions)
2017
$
4 $
7 $
1 $
12
2018
4
3
—
7
2019
5
4
—
9
2020
5
5
—
10
2021
5
1
—
6
2022 through
2026
26
8
1
35
$
49 $
28 $
2 $
79