--Revamped compensation plan is expected to be filed with regulators late Friday

--It will be all cash; previous plan was for $40 million but included about $27 million in discounted trading fees

--Brokers felt Nasdaq OMX's earlier offering was not adequate

 
   By Jacob Bunge 
 

Nasdaq OMX Group Inc. (NDAQ) plans to boost its planned payback package for brokers that lost money trading in Facebook Inc.'s (FB) problematic stock-market debut to $62 million, according to a person familiar with the plan.

The revamped compensation scheme, expected to be filed with regulators late Friday, will be all cash, versus a previously planned $40 million plan that included about $27 million in discounted trading fees, the person said.

Changes to the plan follow an outcry among brokers that felt Nasdaq OMX's earlier offering in June did not come close to covering their losses. Rival exchanges also objected to offering payback via cheapened trading fees, which they saw as a ploy to lure more market share to Nasdaq OMX's stock markets.

A spokesman for the Securities and Exchange Commission, which must approve the proposal from Nasdaq OMX, declined comment. Brokers, exchanges and other market participants will be able to weigh in on the plan before regulators decide on it.

Nasdaq OMX's effort to repay brokers and traders that lost as much as $500 million due to technology problems that hampered Facebook's public market debut comes more than two months after the glitch-ridden May 18 offering, and follows a lengthy back-and-forth between exchange officials and regulators on the issue, according to people close to the discussions.

The exchange group also plans to broaden the spectrum of trading that will be covered by the proposal, and orient the plan so that trading firms handling the business of retail investors--among the heaviest investors in Facebook's IPO--are prioritized, the person familiar with the plan said.

The proposed $62 million cash payout to loss-taking brokers compares with an $84 million net profit earned by Nasdaq OMX in the first quarter of 2012.

An unusually high number of orders lodged for Facebook's stock snarled Nasdaq OMX's process for matching buy and sell orders during initial trading of the hotly anticipated shares, exchange executives said in the days after the episode. Getting around that problem led to a 19-minute period in which traders did not receive confirmation from the exchange on the status of their orders, leaving them guessing at their positions for hours before they learned what happened to their trades.

Representatives for UBS AG (UBS) and Citadel, among the market-making firms that sustained the heaviest losses in Facebook's market debut, declined comment. Representatives for Knight Capital Group Inc. (KCG) and Citigroup Inc. (C) did not immediately respond to requests for comment.

A spokesman for NYSE Euronext (NYX) said the Big Board parent would reserve comment on the plan until it was formally filed. A spokesman for BATS Global Markets Inc. declined comment.

Paying back trading losses has been seen raising sticky legal issues for exchanges, which have regulatory protections against liability for financial damage caused by system outages. David Weild, capital markets adviser at Grant Thornton LLP, at a hearing last month warned that creating "open-ended liability" runs the risk of putting exchanges out of business in the event of a large-scale glitch.

Firms hit with losses due to the glitches have considered filing lawsuits against Nasdaq OMX, despite the legal protections afforded exchanges. Formal filing of the compensation plan was seen as a precursor to any decision on legal action. Officials of several firms have discussed the potential of a joint lawsuit if the plan proves inadequate, according to one person close to the talks.

Nasdaq OMX's aim to reorient the payback plan was earlier reported by Fox Business Network.

The exchange hired International Business Machines Corp. (IBM) to review its trading systems and said Friday that the process is continuing.

-Write to By Jacob Bunge at jacob.bunge@dowjones.com

--Doug Cameron contributed to this article.

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