(a) In this section, “employee compensation and benefits” includes base salaries, wages, incentive compensation, and benefits. The term does not include:
(1) pension or other postemployment benefits; and
(2) incentive compensation related to attaining financial metrics for an executive officer whose compensation is required to be disclosed under 17 C.F.R. § 229.402(a).
(b) When establishing a gas utility’s rates, the regulatory authority shall presume that employee compensation and benefits expenses are reasonable and necessary if the expenses are consistent with market compensation studies issued not earlier than three years before the initiation of the proceeding to establish the rates.