Discretionary bonus payment
Discretionary bonus payment means a payment made to an executive officer of a national bank or Federal savings association, where:
(1) The national bank or Federal savings association retains discretion as to whether to make, and the amount of, the payment until the payment is awarded to the executive officer;
(2) The amount paid is determined by the national bank or Federal savings association without prior promise to, or agreement with, the executive officer; and
(3) The executive officer has no contractual right, whether express or implied, to the bonus payment.