ATI's official statement:
The 1.9% performance gain comes from optimization of the two DX9 shaders (water and sky) in Game Test 4 . We render the scene exactly as intended by Futuremark, in full-precision floating point. Our shaders are mathematically and functionally identical to Futuremark's and there are no visual artifacts; we simply shuffle instructions to take advantage of our architecture. These are exactly the sort of optimizations that work in games to improve frame rates without reducing image quality and as such, are a realistic approach to a benchmark intended to measure in-game performance. However, we recognize that these can be used by some people to call into question the legitimacy of benchmark results, and so we are removing them from our driver as soon as is physically possible. We expect them to be gone by the next release of CATALYST.