Grant Williams

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Posts by Grant Williams

Feed the Children Accuses Fired President of Misdeeds

Feed the Children, one of the nation’s biggest antipoverty charities, alleges in court documents that its fired president, Larry Jones, took bribes, misspent charity funds, pocketed travel money, misused a charity employee as a nanny, and hid pornography at the organization, The Oklahoman reports.

Mr. Jones, who founded Feed the Children 30 years ago, denied all wrongdoing. He was fired in November and that month filed a wrongful-termination lawsuit against the organization and its board of directors. “What they’re trying to do is build a case up against me,” Mr. Jones said. “It won’t hold up. … I didn’t do anything.”

Struggle With Pension Benefits Poses Serious Threat, Study Says

A new study concludes that many nonprofit organizations are having major problems trying to sustain the benefits they provide employees through pension plans.

Numerous organizations are coping by offering less generous retirement benefits and reducing the scope and scale of their plans’ coverage, “actions which have serious implications for nonprofit workers and their families,” said the report by the Johns Hopkins University’s Listening Post Project.

The project, which is supported by the Johns Hopkins Center for Civil Society Studies and 10 other nonprofit organizations, conducted a survey of its national sample of nonprofit human-service, community-development, and cultural organizations. The report did not identify the organizations that responded.

The report — “Escalating Pension Benefit Costs: Another Threat to Nonprofit Survival?” — said struggling organizations include those that offer so-called defined-benefit plans as well as those that offer defined-contribution plans.

Defined-benefit plans provide set amounts of money to retired workers. Employers take on the full cost and risk of saving for their employees and making guaranteed retirement payments to them. Fifteen percent of organizations — generally larger groups with greater numbers of employees — said they offered such plans, the report said.

Defined-contribution plans, such as 403(b) plans, allow employees to save before-tax earnings through payroll deductions; employers may contribute to them. Fifty-eight percent of survey respondents said they had such programs for workers, the report said.

‘Under Stress’

Seventy-six percent of surveyed organizations that offer defined-benefit pension plans said that their plans are currently “under stress,” the report said. Forty-three percent of those with defined-benefit plans said the stress was “severe” or “very severe.”

The report said that the stock-market crash has left many nonprofit organizations with defined-benefit plans having trouble setting aside money for future payments to retired employees.

The report noted that a federal law, the Pension Protection Act of 2006, significantly increased the defined-benefit pension obligations of charities and other employers as organizations guarantee that they will have enough money to pay retired workers.

The law requires organizations to have money in place to fully cover these plans “and to make up any shortfall resulting from market fluctuations through increased contributions into their pension funds over a seven-year period,” the report said.

“Because the recent economic downturn has resulted in significant reductions in the value of pension-plan investments, however,” the report said, “this 2006 Act requirement is subjecting these organizations to rather severe obligations, and, as a result, many are having to divert resources from their program operations to their pension plans at a time when needs are growing and resources are shrinking.”

In response, the report said, nonprofit and other employers are pressing for legislation that will temporarily give them more time to bring their pension plans back to fully funded status. (Earlier this week, two members of Congress introduced legislation that would ease the rules.)

Between 2007 and 2008, average defined-benefit plan pension costs faced by nonprofit groups increased by 6 percent, which is double the inflation rate, the report said. “What is more, these organizations’ average unfunded liability more than doubled, jumping from $658,104 in FY 2007 to nearly $1.4-million in FY 2008,” the report said.

Orchestras were more than twice as likely as organizations in other fields to have defined-benefit plans, the report said, in part because a significant portion of musicians are members of a union “and have collectively bargained for defined-benefit plans.” In contrast, the report said, “no theater respondents reported offering defined-benefit plans.”

Orchestras were more likely than other groups to offer their employees both defined-benefit and defined-contribution plans, the report said. “Orchestra administrative staff and musicians are often offered different plans,” it said.

Employer Matches

The Listening Post Project report said that, “somewhat surprisingly,” a sizable majority — 58 percent — of organizations that offer defined-contribution pension plans such as 403(b) plans said that their programs are currently “under stress.” Eighteen percent of those offering defined-contribution plans said this stress was “severe” or “very severe.” (Defined-contribution plans are not covered by the Pension Protection Act.)

One major source of the stress seems to be the “employer match,” the report said, which is the contribution some employers add to the money that their workers have put into their retirement funds.

“These matches have been common at nonprofits, with 86 percent of organizations with defined-contribution plans indicating that they make some type of employer match,” the report said.

“As evidence that such matches seem to be a source of nonprofit strain, a considerable majority (60 percent) of organizations with employer matches noted that their defined-contribution plan is currently under stress,” the report said. “By contrast, only 40 percent of organizations that do not offer such matches reported that their plan is under stress.”

The report said that, importantly, “while 42 percent of organizations with defined-contribution plans reported that their plan has just ‘minimal stress,’ these data may be hinting at another issue nonprofits are dealing with: low employee participation in nonprofit retirement benefit plans, as low wages, particularly in a depressed economy, make the option of directing wages towards retirement too prohibitive.”

The report said that organizations that help older people with housing and other services “were somewhat more likely than those in other fields to offer defined-contribution plans.”

Cutting Costs

One approach that nonprofit organizations with defined-benefit plans are taking to reduce costs is to reduce the scope and scale of their coverage, the report said. “This can be done by closing the plan to new employees or stopping future benefit accruals for some or all employees (commonly referred to as ‘partial’ or ‘hard’ freezes, respectively),” the report said.

Twenty-eight percent of nonprofit groups that sponsor a defined-benefit plan have prohibited new employees from participating, the report said. Twenty-two percent of groups with such plans have ended future benefit accruals for all participating employees and another 9 percent have blocked future benefit accruals for some workers.

Numerous nonprofit organizations with defined-contribution plans are deciding to reduce their “employer match,” the report said. In the past year alone, 14 percent of respondents offering a match have reduced it and another 3 percent have eliminated their match altogether.

“Interestingly, orchestras and the largest organizations were considerably more likely than organizations representing other fields and size classes to have decreased or eliminated employer matches, suggesting that they are feeling particular strain,” the report said.

Turn-Over Concerns

Pressures on organizations to sustain retirement benefits for their employees have already had significant consequences, the report said.

One respondent to the survey said: “This nonprofit is about to lose very valuable staff because of the inability to provide benefits.” Another said: “We worry that not being able to supply a pension plan to our administrative staff is contributing to high staff turnover and will have a serious long-term effect on the orchestra’s ability to fulfill its mission in the best possible way.”

The report from the Listening Post Project will be available online on Thursday, November 5.

IRS Releases Tips for Attachments to the Form 990 Tax Return

The Internal Revenue Service has released the sixth in a series of filing tips to help nonprofit organizations prepare their Form 990 federal informational tax return, the primary document that groups file each year.

The latest batch of advice explains why only certain types of attachments to the Form 990 are permitted.

When the IRS redesigned the Form 990 for the 2008 tax year, it created a “core form” to be filed by all organizations and a series of schedules that some groups must also submit on such topics as executive compensation and non-cash contributions.

The IRS included a Schedule O for reporting any information that does not fit on the core form or the other schedules.

“The form was redesigned, in part, to promote uniform reporting and to provide a structured format for attaching information to the form,” the IRS said in its new tips.

Thus, nonprofit organizations are allowed to attach only a few kinds of documents to the Form 990, the tax agency said, including a “name change amendment to [their] organizing document” and articles of merger or dissolution.

However, the IRS noted that “some software companies have experienced difficulties designing software for paper filings [of the form] that comports with all of the new form’s filing requirements regarding attachments in time for this filing season.”

Consequently, the tax agency said, “for the 2008 tax year the IRS will not penalize filers of Form 990 paper-filed returns for including separate statements or attachments generated by software” that would not normally be allowed.

But the revenue service said it will reject 2008 returns filed electronically that attempt to include attachments that are not permitted.

Grant Williams

IRS Releases Tips for Answering Questions on Charities’ Overseas Work

The Internal Revenue Service has released the fifth in a series of tip sheets to help nonprofit organizations prepare their Form 990 informational tax return, the primary document that groups file each year.

The new tips focus on information the IRS seeks about organizations’ foreign activities on both the “core form” filed by all organizations and Schedule F, “Statement of Activities Outside the United States,” that some groups must also submit.

The IRS significantly redesigned the Form 990 for the 2008 tax year and Schedule F is a new attachment.

Grant Williams

IRS Releases Training Materials on Governance Matters

The Internal Revenue Service has publicly released educational materials on governance matters that it has been using recently to train its agents and employees.

The materials are of interest to charities because of controversy over the IRS’s role on the topic of governance. The federal tax code does not explicitly set out governance standards for the IRS to enforce, but the tax agency has shown increasing interest in keeping an eye on charity governance practices.

For example, the IRS’s newly revised Form 990 informational tax return, the primary document that charities file each year, includes a series of questions about nonprofit organizations’ governance policies and practices.

In a speech last year, Steven T. Miller, who was then the IRS’s top charity regulator, said, “the effects of good or bad nonprofit governance cut across virtually everything we see and do in our work. It impacts whether the organization is operated to further exempt purposes and public, rather than private, interests. It dictates whether the organization’s executives are compensated fairly or excessively. It influences whether the organization makes informed and fair decisions regarding its investments or its fund-raising practices, or allows others to take unfair advantage.”

However, a committee of nonprofit experts that advises the IRS urged the tax agency last year to be cautious in its stepped-up efforts to promote good governance by charities, saying such efforts are “fraught with complexity.”

On an opening page of the tax agency’s training materials, the IRS says “it is not our job to determine the organization’s governance structure, policies, or practices, or to make decisions for them.”

In a speech last month, Sarah Hall Ingram, the current top charity regulator at the IRS, said that once the tax agency had posted the training materials on its Web site, “I invite all who are interested or concerned about what we are up to to review them.”

She added: “We are not finished with the topic. We intend to provide our employees with additional training on governance. So please let us know whether and how you think we should improve or supplement the materials and our training program. We welcome your input and ideas.”

Grant Williams