Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
ASBURY SOLOMONSINC
Employer identification number
52-1862675
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
714,123
63,235
1,850
779,208
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
14,053,274
15,067,673
15,740,768
17,104,007
17,670,487
79,636,209
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
14,767,397
15,130,908
15,740,768
17,105,857
17,670,487
80,415,417
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
0
c
Add lines 7a and 7b..
0
8
Public Support (Subtract line 7c from line 6.)
80,415,417
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
14,767,397
15,130,908
15,740,768
17,105,857
17,670,487
80,415,417
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
332,037
311,482
-448,717
69,370
108,585
372,757
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
332,037
311,482
-448,717
69,370
108,585
372,757
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
15,099,434
15,442,390
15,292,051
17,175,227
17,779,072
80,788,174
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
99.540 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
99.110 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
0.460 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
0.890 %
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
ASBURY SOLOMONSINC
Employer identification number
52-1862675
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS CAN ACT IN PLACE OF THE BOARD BETWEEN MEETINGS. ALL MEMBERS OF THE EXECUTIVE COMMITTEE ARE MEMBERS OF THE BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION A, LINE 1
WE HAVE REPORTED 11 INDEPENDENT VOTING MEMBERS OF THE GOVERNING BODY. THE NON-INDEPENDENT BOARD MEMBERS CONSIST OF ONE EMPLOYEE OF ASBURY, ONE RESIDENT OF BETHANY VILLAGE, ONE RESIDENT OF ASBURY SOLOMONS AND ONE RESIDENT OF ASBURY METHODIST VILLAGE.
FORM 990, PART VI, SECTION A, LINE 6
ASBURY SOLOMONS, INC HAS ONE MEMBER. THE SOLE MEMBER IS ASBURY COMMUNITIES, INC.
FORM 990, PART VI, SECTION A, LINE 7A
ASBURY COMMUNITIES, INC. IS THE SOLE MEMBER OF ASBURY SOLOMONS, INC. AND ELECTS THE GOVERNING BODY.
FORM 990, PART VI, SECTION A, LINE 7B
ONLY CERTAIN DECISIONS OF THE GOVERNING BODY ARE SUBJECT TO ASBURY COMMUNITIES INC.'S APPROVAL. THESE DECISIONS INCLUDE: (1) MANAGEMENT SERVICES RELATIONSHIPS AND CONTRACTS; (2) ANY ORGANIZATIONAL CHANGE IN GENERAL, INCLUDING MERGERS, SALES, LEASES, ETC. OF SUBSTANTIALLY ALL OF THE ASSETS AND THE CREATION OF NEW ENTITIES; (3) AMENDMENTS TO MISSION OR VISION STATEMENTS; (4) AMENDMENTS TO THE ARTICLES OF INCORPORATION OR BYLAWS.
FORM 990, PART VI, SECTION B, LINE 11
ASBURY COMMUNITIES IS THE SOLE MEMBER OF ASBURY ATLANTIC, ASBURY-SOLOMONS, INC. AND INVERNESS VILLAGE, AN OKLAHOMA NOT FOR PROFIT CORPORATION. ASBURY COMMUNITIES HAS A SYSTEM WIDE AUDIT COMMITTEE. THE ASBURY SOLOMONS BOARD OF DIRECTORS HAS DELEGATED A REVIEW OF THE FORM 990 TO THE SYSTEM AUDIT COMMITTEE. ASBURY RECORDED THE OCTOBER 12TH AUDIT COMMITTEE MEETING REVIEW OF THE ASBURY COMMUNITIES, INC. (ACOMM) DRAFT 990 VIA THE 1-800 CONFERENCE LINE. THE ACOMM, FOUNDATION, ASBURY ATLANTIC, ASBURY SOLOMONS, AND INVERNESS VILLAGE BOARD OF DIRECTORS WERE CONTACTED VIA EMAIL THAT THE DRAFT FORM 990S WERE OUT ON BOARDLINK AND PROVIDED THE LINK TO THE RECORDING OF THE AUDIT COMMITTEE MEETING IF BOARD MEMBERS CHOSE TO LISTEN TO THE MEETING AS THEY REVIEWED ANY OF THE FORM 990S. ALL DIRECTORS MAY POSE QUESTIONS OR ASK FOR CLARIFICATION FROM THE STAFF AND AUDIT COMMITTEE.
FORM 990, PART VI, SECTION B, LINE 12C
THE ASBURY COMMUNITIES CONFLICT OF INTEREST POLICY WAS APPROVED BY THE BOARD OF DIRECTORS. THE COMPLIANCE OFFICER IS GENERALLY RESPONSIBLE FOR THE POLICY PROCESS. ALL OF THE ENTITIES WITHIN THE ASBURY COMMUNITIES GROUP ARE SUBJECT TO THE POLICY. ANNUALLY, THE COMPLIANCE OFFICER CONDUCTS A COMPREHENSIVE CONFLICT DISCLOSURE PROCESS COVERING ALL MEMBERS OF THE GOVERNING BOARDS, SYSTEM WIDE COMMITTEES, AND INDIVIDUALS IN MANAGEMENT POSITIONS. , EACH MEMBER OF THE GOVERNING BODY COMPLETES A DETAILED QUESTIONNAIRE DESIGNED TO IDENTIFY ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST. A FULL REPORT OF RESPONSES TO THIS QUESTIONNAIRE IS REVIEWED BY THE COMPLIANCE OFFICER AND PROVIDED TO THE AUDIT COMMITTEE. IN CASE CONFLICT OF INTEREST ARISE, THE MEMBER OF GOVERNING BODY WILL BE ASKED TO RESIGN FROM THE ORGANIZATION.
FORM 990, PART VI, SECTION B, LINE 15
THE SYSTEM WIDE COMPENSATION COMMITTEE MEETS WITH THE INDEPENDENT COMPENSATION CONSULTANT, AND BASED ON INFORMATION PROVIDED TO THE COMMITTEE MAKES RECOMMENDATIONS REGARDING COMPENSATION AND BENEFITS TO THE EXECUTIVE COMMITTEE WHICH IS CHARGED WITH MAKING DECISIONS REGARDING COMPENSATION. THE FULL BOARD OF ASBURY COMMUNITIES, THE SOLE MEMBER OF ASBURY SOLOMONS, HAS A PRESENTATION ONCE EACH YEAR ON EXECUTIVE COMPENSATION AND BENEFITS. THE CHIEF PEOPLE OFFICER IS PRESENT TO GIVE BOARD MEMBERS AN OPPORTUNITY TO ASK QUESTIONS AND TO PROVIDE SALARIES AND GRADE LEVELS FOR THEIR REVIEW. THE SYSTEM WIDE COMPENSATION COMMITTEE IS COMPOSED OF 5 VOTING MEMBERS, THE CHIEF PEOPLE OFFICER (NON-VOTING), A RETAINED ATTORNEY (NON-VOTING; RECORDS PROCEEDINGS IN MINUTES), AND IS ADVISED BY TOWER WATSON (A COMPENSATION CONSULTING FIRM). THE SYSTEM WIDE COMPENSATION COMMITTEE HOLDS 4 MEETINGS EACH YEAR (JAN, MARCH, JULY, AND NOV). IN THE NOVEMBER MEETING THEY REVIEW TOWER WATSON DATA AND REPORTS IN ORDER TO MAKE RECOMMENDATIONS REGARDING SALARIES AND BENEFITS. THE EXECUTIVE COMMITTEE OF ASBURY COMMUNITIES ULTIMATELY REVIEWS/APPROVES AND/OR ADJUSTS RECOMMENDATIONS FROM THE SYSTEM WIDE COMPENSATION COMMITTEE AND SETS COMPENSATION.
FORM 990, PART VI, SECTION C, LINE 19
THE CONFLICT OF INTEREST POLICY IS AVAILABLE UPON REQUEST. THE GOVERNING DOCUMENTS ARE AVAILABLE IN THE RESIDENT LIBRARIES. THE AUDITED FINANCIAL STATEMENTS ARE AVAILABLE FOR PUBLIC VIEWING ON THE ORGANIZATION'S WEBSITE.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 48,917. TRANSFERS FROM ASBURY FOUNDATION, INC. 85,603. NET UNREALIZED (LOSS) GAIN ON CHANGE IN MARKET VALUE OF DERIVATIVE INSTRUME -2,043,981. TRANSFER TO ACOMM -601,000. CHANGE IN BENEFICIAL INTEREST IN NET ASSETS OF ASBURY FOUNDATION, INC. 102,930. TOTAL TO FORM 990, PART XI, LINE 5: -2,407,531.
FORM 990, PART XII, LINE 2C
THE ORGANIZATION HAS NOT CHANGED ITS OVERSIGHT OR SELECTION PROCESS.
FORM 990, PART III, LINE 4
COMMUNITY BENEFITS ASBURY SOLOMONS ISLAND CONTRIBUTES TIME, SPACE AND MANPOWER BACK TO THE GREATER COMMUNITY IN WHICH ITS CONTINUING CARE RETIREMENT COMMUNITY IS LOCATED. ASBURY SOLOMONS ISLAND DIVIDES ITS COMMUNITY BENEFIT ACTIVITIES INTO FIVE CATEGORIES: BENEVOLENT CARE, TRAINING THE NEXT GENERATION OF LEADERS FOR SENIOR CARE, SUPPORTING OTHER LOCAL SENIOR SERVICES, GOING GREEN AND SUSTAINABLE, AND OTHER. ASBURY SOLOMONS ISLAND PROVIDES CHARITY CARE TO THOSE RESIDENTS WHOSE NEEDS EXCEED THEIR FUNDS, AND NO RESIDENT HAS EVER BEEN ASKED TO LEAVE ASBURY SOLOMONS ISLAND BECAUSE OF A LACK OF FUNDS THROUGH NO FAULT OF THEIR OWN. HIGHLIGHTS OF THIS YEAR'S COMMUNITY BENEFIT ACCOMPLISHMENTS INCLUDE THE FOLLOWING: ASBURY SOLOMONS ISLAND'S HUMAN RESOURCES DIRECTOR SPOKE AT AN ANNUAL CALVERT COUNTY MENTORING PARTNERSHIP BREAKFAST ON HER EXPERIENCES WITH THE GROUP'S JOB SHADOW DAY. THE COMMUNITY HOSTED FOUR STUDENTS AS PART OF THAT PROGRAM IN APRIL. COORDINATED A FREE TUTORING PROGRAM FOR AT-RISK STUDENTS AT CALVERT HIGH SCHOOL. THE CAMPUS HOSTED THE 2010 ALZHEIMER'S MEMORY WALK FOR THE SOUTHERN MARYLAND CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND RAISED OVER $5,000 FOR THE EVENT. THE COMMUNITY'S GO GREEN COMMITTEE BEGAN A PARTNERSHIP WITH THE SOUTHERN MARYLAND OYSTER CULTIVATION SOCIETY RAISING NEW OYSTERS TO AID IN CHESAPEAKE BAY CLEAN-UP EFFORTS. IN THIS PROGRAM, RESIDENTS RECEIVE JUVENILE OYSTERS FROM SMOCS AND SUBMERGE THEM IN CAGES OFF THE COMMUNITY'S DOCK. RESIDENTS PERIODICALLY RAISE AND CLEAN ALGAE FROM THE CAGES, ENSURING THE OYSTER'S GROWTH. AFTER ONE YEAR, THE MORE MATURE OYSTERS ARE REMOVED FROM THE CAGES AND TRANSPLANTED ON THE COMMUNITY'S BREAKWATER, WHERE THEY WILL HELP FILTER THE RIVER WATER WHICH EVENTUALLY FLOWS INTO THE CHESAPEAKE BAY. CAMPUS STAFF ORGANIZED A SUPPORT GROUP FOR CAREGIVERS AND FAMILY MEMBERS OF PATIENTS WITH ALZHEIMER'S AND DONATED ROOM SPACE FOR THE MEETINGS THROUGHOUT THE YEAR. HELD MONTHLY CANNED FOOD DRIVES TO BENEFIT THE RANDLE CLIFF COMMUNITY CHURCH FOOD PANTRY, COLLECTING NEARLY $10,000 WORTH OF FOOD. CAMPUS STAFF MEMBERS PROVIDED FUNDRAISING ADVICE TO THE U.S. NAVAL AIR MUSEUM AT PATUXENT RIVER, JUDGED A LOCAL ARTS FESTIVAL, AND SERVED ON THE CALVERT COUNTY CHAMBER OF COMMERCE.
FORM 990, PART VII, SECTION A
THE OFFICERS THAT HAVE COMPENSATION FROM RELATED ORGANIZATIONS REPORTED IN PART VII, SECTION A, COLUMN E OF THE FORM 990 PROVIDE EXECUTIVE MANAGEMENT SUPPORT AND OVERALL GUIDANCE TO ASBURY SOLOMONS, INC. AS WELL AS THE OTHER RELATED ORGANIZATIONS OF ASBURY COMMUNITIES, INC. THERE ARE OVER 1,900 TOTAL EMPLOYEES IN THE ASBURY COMMUNITIES, INC. SYSTEM. THE 2010 CONSOLIDATED AUDITED FINANCIAL STATEMENTS FOR ASBURY COMMUNITIES, INC. HAD TOTAL REVENUES OF $162.1 MILLION AND TOTAL ASSETS IN EXCESS OF $540 MILLION.
SCHEDULE K - ALLOCATION OF TOTAL PROCEEDS OF ISSUE (SERIES 2009B MD BONDS)
FORM 990, SCHEDULE K, PART II
THE PROCEEDS OF THE SERIES 2009B MD BONDS (CUSIP #363128CB3) ISSUED BY THE CITY OF GAITHERSBURG (MD) WERE ALLOCATED BETWEEN 2 ENTITIES: ASBURY ATLANTIC, INC. (EIN 52-0607956) AND ASBURY SOLOMONS, INC. (EIN 52-1862675). THE TOTAL PROCEEDS FROM THE ISSUE OF THE SERIES 2009B MD BONDS IS $43,820,000 AND IS ALLOCATED AS FOLLOWS: ASBURY ATLANTIC, INC. $17,884,081 ASBURY SOLOMONS, INC. $25,935,919
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.