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
WASHINGTON AND JANE SMITH COMMUNITY - BEVERLY
Employer identification number
36-2167948
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.") .
569,543
840,816
661,412
587,517
711,632
3,370,920
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......
8,722,444
10,857,229
12,778,937
14,236,810
17,644,749
64,240,169
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
9,291,987
11,698,045
13,440,349
14,824,327
18,356,381
67,611,089
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
411,584
435,576
413,248
459,114
506,563
2,226,085
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..
411,584
435,576
413,248
459,114
506,563
2,226,085
8
Public Support (Subtract line 7c from line 6.)
65,385,004
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...
9,291,987
11,698,045
13,440,349
14,824,327
18,356,381
67,611,089
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
396,715
600,523
192,554
220,365
222,730
1,632,887
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
396,715
600,523
192,554
220,365
222,730
1,632,887
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
33,608
167,573
64,519
0
0
265,700
13
Total support (Add lines 9, 10c, 11 and 12.).
9,722,310
12,466,141
13,697,422
15,044,692
18,579,111
69,509,676
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
94.070 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
80.183 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
2.350 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
2.810 %
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
OTHER INCOME, SCHEDULE A, PART III, VARIOUS SMALL ITEMS: 2006 - $33,608 2007 - $167,573 2008 - $64,519 2009 - NONE 2010 - NONE ,
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
10000128
Software Version:
v2010.1.0
-
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
WASHINGTON AND JANE SMITH COMMUNITY - BEVERLY
Employer identification number
36-2167948
Identifier
Return Reference
Explanation
Description of other program services
Form 990, Part III, Line 4d
4D. THE ORGANIZATION ASSESSES AN ENTRANCE FEE UPON MOVING INTO AN INDEPENDENT LIVING UNIT. THIS ENTRANCE FEE SECURES THE RESIDENT'S RIGHT TO RECEIVE DISCOUNTED SERVICES IN HEALTHCARE SHOULD THEY REQUIRE TRANSITION TO ASSISTED LIVING OR SKILLED CARE. UPON LEAVING THE CCRC, RESIDENTS RECEIVE EITHER A 90% OR 95% REFUND OF THE ORIGINAL ENTRANCE FEE. THE NON-REFUNDABLE PORTION OF THE ENTRANCE FEE IS RETAINED BY THE COMPANY AND AMORTIZED INTO INCOME OVER THE ESTIMATED LIFE CYCLE OF INDIVIDUALS IN INDEPENDENT LIVING. 4E. THE ORGANIZATION OWNS AND OPERATES A 17 UNIT APARTMENT BUILDING RESTRICTED TO SENIOR ADULTS. THESE UNITS PROVIDE AFFORDABLE HOUSING ALTERNATIVES WITHOUT ANY OF THE SERVICES PROVIDED WITHIN THE SCOPE OF THE CONTINUING CARE RETIREMENT COMMUNITY. 4F. THE ORGANIZATION PROVIDES BASE PACKAGES OF SERVICES TO RESIDENTS WITHIN A SET MONTHLY OR DAILY FEE STRUCTURE. RESIDENTS CAN CHOOSE TO SECURE ADDED SERVICES FOR ADDITIONAL FEES IN AREAS SUCH AS BEAUTY AND BARBER SERVICES, ADDITIONAL DINING OPTIONS, UNDERGROUND PARKING, TECHNOLOGY SERVICES, AND SPECIAL EVENT PARTICIPATION.
Delegation of management duties
Form 990, Part VI, Section A, Line 3
THE ORGANIZATION HAS AN AGREEMENT WITH SMITH SENIOR LIVING (SSL) TO OVERSEE AND MANAGE ITS DAY-TO-DAY OPERATIONS. THE INITIAL TERM OF THIS AGREEMENT WAS FOR THE PERIOD OF ONE (1) YEAR. THIS AGREEMENT RENEWS ANNUALLY THEREAFTER UNLESS TERMINATED IN ACCORDANCE WITH OTHER TERMS AND CONDITIONS CONTAINED THEREIN. FURTHERMORE, CERTAIN SUBORDINATION AND DEFERRAL PROVISIONS APPLY IN CONNECTION WITH PAYMENT OF COMPENSATION TO SSL. UNDER THE TERMS OF THE AGREEMENT, THE ORGANIZATION MUST COMPENSATE SSL FOR MANAGEMENT SERVICES RENDERED. THE AGREEMENT ALSO CONTAINS A PROVISION TO COMPENSATE SSL FOR SUPPLEMENTAL SERVICES IT MAY PROVIDE ABOVE AND BEYOND THOSE ENUMERATED IN THE AGREEMENT. IN ADDITION, THE ORGANIZATION MUST PAY SSL AN ADDITIONAL SUM ON A MONTHLY BASIS AS REIMBURSEMENT FOR SSL'S OVERHEAD EXPENSES RELATED TO THE ORGANIZATION. EXPENSES INCURRED BY THE ORGANIZATION FOR MANAGEMENT SERVICES PROVIDED UNDER THIS AGREEMENT AND CERTAIN PASS-THROUGH CORPORATE COSTS WERE $1,603,000.
Classes of members or stockholders
Form 990, Part VI, Section A, Line 6
SMITH VILLAGE HAS A SINGLE CLASS OF VOTING MEMBERS AND THE SOLE MEMBER OF THAT CLASS IS SMITH SENIOR LIVING, A RELATED ILLINOIS TAX-EXEMPT ORGANIZATION, WHICH SHALL CONTINUE FROM YEAR-TO-YEAR AS THE SOLE MEMBER OF THE ORGANIZATION.
Members or stockholders electing members of governing body
Form 990, Part VI, Section A, Line 7a
THE ORGANIZATION MUST HAVE APPROVAL OF ITS SOLE MEMBER, SMITH SENIOR LIVING, BEFORE ELECTING OR REMOVING ANY OF THE ORGANIZATION'S TRUSTEES AND OFFICERS.
Decisions requiring approval by members or stockholders
Form 990, Part VI, Section A, Line 7b
THE ORGANIZATION SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS WITHOUT THE APPROVAL OF THE SOLE MEMBER: (1) AMENDMENT OF THE ARTICLES OF INCORPORATION OF THIS CORPORATION. (2) AMENDMENT OF THE BYLAWS OF THIS CORPORATION. (3) MERGER, CONSOLIDATION OR DISSOLUTION OF THIS CORPORATION. (4) THE CREATION OF ANY SUBSIDIARIES OR AFFILIATES OF THIS CORPORATION. (5) ADOPTION OF THE BUSINESS PLAN APPROVED ANNUALLY BY THE BOARD OF TRUSTEES OF THIS CORPORATION. (6) ADOPTION OF THE ANNUAL BUDGET APPROVED BY THIS CORPORATION AND ANY ACTIONS TAKEN BY THIS CORPORATION WHICH WOULD OR COULD INVOLVE EXPENDITURES WHICH EXCEED ONE HUNDRED AND TEN PERCENT (110%) OF THE APPROVED BUDGETED AMOUNTS FOR SUCH EXPENDITURES. (7) THE SELECTION OF BANKING AFFILIATIONS, ACCOUNTING FIRMS OR LEGAL COUNSEL, AS WELL AS APPROVAL OF THE ENGAGEMENT OF ANY CONSULTANTS NOT SPECIFICALLY PROVIDED IN AN APPROVED BUDGET. (8) THE SELECTION AND RETENTION OF THE EXECUTIVE DIRECTOR OF THIS CORPORATION. (9) THE MAKING OF CAPITAL EXPENDITURES OR SALE OF ANY CAPITAL ASSETS BY THIS CORPORATION IN EXCESS OF FIFTY THOUSAND DOLLARS ($50,000) UNLESS PROVIDED IN THE ANNUAL BUDGET. (10) THE SELECTION OF THE MANNER AND LOCATION OF INVESTMENT OF ANY FUNDS. (11) THE EXTENSION OF ANY LOANS BY OR ANY BORROWING BY THIS CORPORATION.
Review of form 990 by governing body
Form 990, Part VI, Section B, Line 11b
THE ORGANIZATION'S INTERNAL MANAGEMENT REVIEWS THE RETURN WITH ITS PAID TAX PREPARER. AFTER REVIEW, COPIES OF THE FULL FORM 990 ARE PRESENTED TO ALL TRUSTEES VIA EMAIL PRIOR TO FILING THE RETURN WITH THE IRS. FULL REVIEW OF THE RETURN IS DELEGATED TO THE FINANCE COMMITTEE.
Conflict of interest policy
Form 990, Part VI, Section B, Line 12c
ANNUALLY ALL TRUSTEES AND KEY PERSONNEL ARE REQUIRED TO COMPLETE A DISCLOSURE FOR CONFLICTS OF INTEREST. THE DISCLOSURES ARE REVIEWED BY THE CFO WHO DETERMINES IF A POTENTIAL OR ACTUAL CONFLICT OF INTEREST EXISTS. IF A POTENTIAL OR ACTUAL CONFLICT OF INTEREST EXISTS THE TRUSTEE IS REQUIRED TO RECUSE THEMSELVES FROM ANY VOTING, DELIBERATION, OR DECISION ON THE TRANSACTION AT THE BOARD LEVEL. FURTHERMORE, ALL VENDOR PAYMENT ACTIVITY IS REVIEWED BY THE CFO FOR VENDORS THAT MAY BE RELATED TO THE FILING ORGANIZATION.
Process used to establish compensation of top management official
Form 990, Part VI, Section B, Line 15a
THE ORGANIZATION RELIES ON SMITH SENIOR LIVING (SSL), A RELATED TAX-EXEMPT ORGANIZATION TO DETERMINE THE COMPENSATION OF THE ORGANIZATION'S TOP MANAGEMENT OFFICIAL. THE CHAIRMAN OF THE BOARD OF SSL EVALUATES AND ESTABLISHES COMPENSATION AND REVIEWS PROTOCOL FOR THE ORGANIZATION'S CEO AND CFO. ANNUAL COMPENSATION COMPARISONS TO INDUSTRY PROFESSIONALS ARE GATHERED AND REVIEWED ON A SEMI-ANNUAL BASIS. DECISIONS ARE DOCUMENTED IN THE BOARD MINUTES. THE LAST COMPENSATION REVIEW WAS COMPLETED IN 2010. DUE TO GENERAL ECONOMIC ISSUES, COMPENSATION ADJUSTMENTS WERE FOREGONE IN FISCAL YEAR 2011 FOR THE CEO.
Public Disclosure
Form 990, Part VI, Section C, Line 19
FINANCIAL STATEMENTS, GOVERNING DOCUMENTS, AND CONFLICT OF INTEREST POLICIES ARE NOT REQUIRED DISCLOSURES PURSUANT TO INTERNAL REVENUE CODE (IRC) SECTION 6104. THESE DOCUMENTS ARE NOT AVAILABLE TO THE PUBLIC AT THIS TIME.
COMPENSATION OF THE ORGANIZATION'S OTHER OFFICERS AND KEY EMPLOYEES
FORM 990, PART VI, SECTION B, LINE 15B
THE CEO OF THE ORGANIZATION DETERMINES THE ANNUAL COMPENSATION OF ALL OTHER OFFICERS, WITH THE EXCEPTION OF THE CFO, BY COMPARING THE COMPENSATION OF EACH OFFICER AND KEY EMPLOYEE TO PROFESSIONALS PERFORMING SIMILAR SERVICES IN SIMILAR INDUSTRIES ON AN ANNUAL BASIS. THE CHAIRMAN OF THE BOARD EVALUATES AND ESTABLISHES COMPENSATION AND REVIEWS PROTOCOL FOR THE ORGANIZATION'S CFO. ANNUAL COMPENSATION COMPARISONS TO INDUSTRY PROFESSIONALS ARE GATHERED AND REVIEWED ON A SEMI-ANNUAL BASIS. THE LAST COMPENSATION REVIEW WAS COMPLETED IN 2010.
RICHARD MARNERIS, TRUSTEE, IS THE BROTHER OF RAYMOND J MARNERIS, CFO. RICHARD MARNERIS WAS TRUSTEE THROUGH AUGUST OF 2010. RAYMOND J MARNERIS BECAME CFO IN APRIL OF 2011. THEREFORE, RICHARD WAS NOT ON THE BOARD OF DIRECTORS WHEN RAYMOND WAS THE CFO. THEY ARE BOTH LISTED AS INTERESTED PERSONS BECAUSE THEY EACH SERVED IN THEIR RESPECTIVE POSITIONS FOR PART OF THE YEAR ENDING JUNE 30, 2011.
COMPENSATION OF OFFICERS, DIRECTORS, TRUSTEE, KEY EMPLOYEES, ETC
FORM 990, PART VII, SECTION A, LINE 1(A), COLUMN (B)
THE CEO, CFO, AND CIO REPORTED ON PART VII DEVOTE APPROXIMATELY 38 HOURS A WEEK TO SMITH SENIOR LIVING AND 2HRS A WEEK TO SMITH CROSSING, BOTH OF WHICH ARE RELATED TAX-EXEMPT ORGANIZATIONS. THE FOLLOWING TRUSTEES/OFFICERS EACH DEVOTE APPROXIMATELY 1-2 HOURS A WEEK TO SMITH SENIOR LIVING, A RELATED TAX-EXEMPT ORGANIZATION: THOMAS CHOMICZ EUGENE DELVES ALLEN FLAGLER WILLIAM HUNDING MICHAEL LEATHERMAN RICHARD MARNERIS STEVEN MURPHY GEORGE PETRAITIS KARYN PETTIGREW THE FOLLOWING TRUSTEE/OFFICERS EACH DEVOTE APPROXIMATELY 1-2HRS A WEEK TO SMITH CROSSING, A RELATED TAX-EXEMPT ORGANIZATION: MICHAEL LEATHERMAN GEORGE PETRAITIS THOMAS CHOMICZ
Other changes in net assets or fund balances
Form 990, Part XI, Line 5
NET UNREALIZED GAINS (LOSSES) ON INVESTMENTS - 5725;
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.