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
MOTION PICTURE AND TELEVISION FUND
Employer identification number
95-1652916
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.") .
32,533,659
35,636,730
24,379,553
27,197,613
14,471,534
134,219,089
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......
71,442,431
75,169,681
79,175,950
75,263,658
64,063,524
365,115,244
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.
103,976,090
110,806,411
103,555,503
102,461,271
78,535,058
499,334,333
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
259,117
23,015,076
1,914,737
15,069,743
617,804
40,876,477
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.
16,955,627
17,736,287
17,544,968
14,460,427
10,510,461
77,207,770
c
Add lines 7a and 7b..
17,214,744
40,751,363
19,459,705
29,530,170
11,128,265
118,084,247
8
Public Support (Subtract line 7c from line 6.)
381,250,086
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...
103,976,090
110,806,411
103,555,503
102,461,271
78,535,058
499,334,333
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
7,314,473
9,301,434
9,660,720
7,651,006
8,480,642
42,408,275
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
81,995
33,781
244,439
360,215
c
Add lines 10a and 10b.
7,314,473
9,301,434
9,742,715
7,684,787
8,725,081
42,768,490
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.).
111,290,563
120,107,845
113,298,218
110,146,058
87,260,139
542,102,823
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
70.328 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
68.592 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
7.889 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
7.071 %
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
MOTION PICTURE AND TELEVISION FUND
Employer identification number
95-1652916
Identifier
Return Reference
Explanation
STATEMENT REGARDING ACTIONS UNDERTAKEN IN 2010:
IN JUNE 2010, THE ORGANIZATION WAS RESTRUCTURED (AND ITS CHARTER DOCUMENTS ACCORDINGLY AMENDED AND RESTATED) TO REMOVE MPTF CORP AS THE SOLE MEMBER OF THE MPTF. IN CONNECTION THEREWITH, THE EXISTING BOARD OF TRUSTEES OF MPTF AND THE BOARD OF DIRECTORS OF MPTF CORP WERE RECONSTITUTED TO FORM A NEW BOARD OF DIRECTORS FOR MPTF. A MAJORITY OF THE THEN-MEMBERS OF THE MPTF BOARD OF TRUSTEES BECAME MEMBERS OF AN ADVISORY COMMITTEE TO THE NEW BOARD. THE NEWLY-APPOINTED MEMBERS OF THE NEW BOARD CONSISTED OF PERSONS WHO HAD PREVIOUSLY SERVED EITHER AS DIRECTORS OF MPTF CORP'S BOARD AND/OR TRUSTEES OF THIS ENTITY. REFER TO PART VI, LINE 4'S DESCRIPTION FOR FURTHER DETAILS. PART III, LINE 4D: MPTF PROVIDES VARIOUS PROGRAMS AND CHARITABLE SERVICES INCLUDING RETIREMENT COMMUNITY ACCOMMODATIONS, TEMPORARY FINANCIAL ASSISTANCE BASED ON NEED, SOCIAL SERVICES, CHILD CARE AND VARIOUS WELLNESS AND EDUCATION PROGRAMS. MPTF'S RETIREMENT COMMUNITY, LOCATED ON THE WASSERMAN CAMPUS IN WOODLAND HILLS (OFTEN REFERRED TO AS "THE HOME"), OFFERS INDEPENDENT AND ASSISTED LIVING ACCOMMODATIONS FOR ENTERTAINMENT INDUSTRY RETIREES AND THEIR SPOUSES BASED ON YEARS OF SERVICE REGARDLESS OF THEIR ABILITY TO PAY THE FEES. MPTF PROVIDED OVER $5.1 MILLION IN RESIDENTIAL CARE SUBSIDY IN 2010. TOTAL 2010 RESIDENTIAL DAYS WERE 65,000. MPTF PROVIDED TEMPORARY FINANCIAL ASSISTANCE IN EXCESS OF $1.5 MILLION IN 2010 FOR RENT, FOOD, HOUSING, HEALTH INSURANCE PREMIUMS AND OTHER NEEDS. MPTF'S COMMUNITY BASED SOCIAL SERVICE ACTIVITIES INCLUDE INDIVIDUAL AND GROUP COUNSELING, ASSESSMENTS, INFORMATION REFERRALS AND INCREASED ASSISTANCE FOR SENIORS WISHING TO REMAIN IN THEIR OWN HOMES THROUGH HOME MODIFICATIONS, VOLUNTEER VISITING PROGRAMS AND THE ADDITION OF A VOLUNTEER TRANSPORTATION NETWORK TO HELP COMBAT ISOLATION. TOTAL SOCIAL SERVICE CONTACTS WERE 28,500. BUILDING ON THESE MULTIPLE SERVICES, THE MPTF CENTER ON AGING IS DEVELOPING A "COMMUNITY" OF SUPPORT THROUGH THE FORMATION OF NATURALLY OCCURRING RETIREMENT COMMUNITIES (NORCS) THROUGHOUT SOUTHERN CALIFORNIA. THE PURPOSE OF THE NORC IS TO EXTEND THE CARE AND SERVICE REACH OF MPTF TO HUNDREDS OF INDUSTRY RETIREES WHO CHOOSE TO AGE IN PLACE AS OPPOSED TO LIVING IN A RETIREMENT FACILITY - A GROWING TREND NATIONWIDE. GROWING TREND NATIONWIDE.
PART VI, LINE 2:
TRUSTEES WALTER MIRISCH AND LAWRENCE A. MIRISCH ARE FATHER AND SON, RESPECTIVELY. JOSEPH FISCHER AND DANIEL SLUSSER ARE BOTH TRUSTEES OF MPTF AND ALSO BOTH ON THE BOARD OF DIRECTORS OF DTS, INCORPORATED. DTS, INCORPORATED IS A FOR-PROFIT ENTITY AND HAS NO BUSINESS RELATIONSHIP WITH MPTF. THERE MAY BE OTHER INDIRECT TRANSACTIONS RESULTING IN ADDITIONAL BUSINESS RELATIONSHIPS BECAUSE MPTF PROVIDES SERVICES TO THE SOUTHERN CALIFORNIA ENTERTAINMENT COMMUNITY AND THERE ARE, FROM TIME TO TIME, MPTF ENTITY DIRECTORS WHO SERVE ON OTHER ENTERTAINMENT RELATED ENTITIES. SOME OF THESE ENTERTAINMENT RELATED ENTITIES INCLUDE INDUSTRY-BASED PENSION AND HEALTH PLANS, INDUSTRY RELATED UNIONS AND FOR PROFIT ENTERTAINMENT INDUSTRY COMPANIES.
PART VI, LINE 4:
ON JUNE 22, 2010, MPTF CORP RESIGNED AND WITHDREW AS THE SOLE MEMBER OF THE MOTION PICTURE AND TELEVISION FUND. IN ADDITION, THE AUTHORIZED NUMBER OF DIRECTORS FOR MPTF WAS AMENDED TO ALLOW A MINIMUM OF 15 AND A MAXIMUM OF 21 MEMBERS. CURRENTLY, THERE ARE 16 AUTHORIZED DIRECTORS. AT THE SAME TIME, THE ARTICLES OF INCORPORATION WERE RESTATED TO REFLECT THE ANTICIPATED RESIGNATION OF THE SOLE MEMBER.
PART VI, LINE 11B:
THE FORM 990 WAS PREPARED BY PRICEWATERHOUSECOOPERS LLP ("PWC"), BASED ON INFORMATION PROVIDED BY THE ORGANIZATION'S STAFF. PRIOR TO FILING, THE FORM 990 AND ALL SUPPORTING SCHEDULES WERE REVIEWED IN DETAIL BY FINANCIAL MANAGEMENT AND CHAIRMAN OF THE AUDIT COMMITTEE. A DRAFT OF THE FORM 990 WAS PRESENTED TO THE AUDIT COMMITTEE AT THEIR MEETING IN NOVEMBER 2011. THE AUDIT COMMITTEE REVIEWED AND APPROVED THE MOTION PICTURE AND TELEVISION FUND RETURN, PWC SIGNED AS PREPARER, AND THE CHIEF FINANCIAL OFFICER SIGNED ON BEHALF OF THE ORGANIZATION. THE COMPLETED RETURN WAS ELECTRONICALLY SENT TO THE FULL BOARD PRIOR TO THE FILING OF THE RETURN.
PART VI, LINES 12C:
AN ANNUAL CONFLICT OF INTEREST QUESTIONNAIRE IS SENT TO ALL BOARD MEMBERS AND EMPLOYEES AT THE LEVEL OF ADMINISTRATIVE DIRECTOR OR ABOVE. THE VICE PRESIDENT OF LEGAL AFFAIRS COLLECTS AND REVIEWS THE QUESTIONNAIRES AND THEN PREPARES A SUMMARY OF THE QUESTIONNAIRES FOR THE CEO. THE CEO, IN CONJUNCTION WITH THE CHAIRMAN OF THE BOARD, PURSUES ANY NECESSARY FOLLOW-UP. THE BOARD'S BYLAWS ALSO REQUIRE NOTIFICATION TO THE CHAIRMAN OF ANY POTENTIAL CONFLICTS AT THE TIME THE CONFLICT ARISES. ONCE NOTICE OF A POTENTIAL CONFLICT IS RECEIVED, THE CHAIRMAN OF THE BOARD APPOINTS A DISINTERESTED PERSON OR COMMITTEE TO PERFORM DUE DILIGENCE ON THE POTENTIAL CONFLICT. ONCE THE DUE DILIGENCE IS PERFORMED A DISCUSSION OF THE FACTS IS PRESENTED TO THE REMAINDER OF THE BOARD MEMBERS (WITH THE MEMBER POTENTIALLY CONFLICTED NOT PRESENT) WHO VOTE ON WHETHER THE TRANSACTION IS IN THE BEST INTEREST OF THE CORPORATION. IF A CONFLICT IS DISCOVERED WHICH WAS NOT REPORTED, THE BOARD MAY TAKE APPROPRIATE DISCIPLINARY OR CORRECTIVE ACTION.
PART VI, LINE 15A & B:
SEE SCHEDULE J, SUPPLEMENTAL INFORMATION.
PART VI, LINE 19:
THE ORGANIZATION MAKES ITS AUDITED CONSOLIDATED FINANCIAL STATEMENTS AND AN ANNUAL REPORT OF ACTIVITIES AVAILABLE TO THE PUBLIC ON ITS WEBSITE. THE ORGANIZATION'S GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE NOT CURRENTLY AVAILABLE TO THE PUBLIC. THE ORGANIZATION'S FORM 990 IS MADE AVAILABLE UPON REQUEST.
PART IX, LINE 11A & 11G, COLUMN C:
THE MANAGEMENT AND GENERAL EXPENSES OF $4,247,115 FOR FEES FOR MANAGEMENT SERVICES AND $960,102 FOR FEES FOR OTHER SERVICES INCLUDE COSTS RELATED TO MANAGEMENT, HUMAN RESOURCES, ACCOUNTING, FINANCE, PAYROLL, LEGAL SERVICES, PUBLIC AFFAIRS, MARKETING AND COMMUNICATIONS, PLANNING AND INFORMATION TECHNOLOGY.
PART IX, LINE 11G, COLUMN B:
THE PROGRAM SERVICE EXPENSES FOR OTHER FEES FOR SERVICES OF $13,223,194, INCLUDE COSTS RELATED TO FOOD SERVICES, THERAPY SERVICES, PHYSICIAN SERVICES, TEMPORARY HELP, TRANSCRIPTION SERVICES, SECURITY, REFERENCE LABORATORY, NURSING REGISTRY, LAUNDRY, HOUSEKEEPING AND RADIOLOGY SERVICES.
PART XI, LINE 5:
MPTF CORP ASSETS TRANSFERRED FOLLOWING DISSOLUTION: $1,653,805 UNREALIZED GAINS: $4,166,084 MINIMUM PENSION LIABILITY: -$3,690,684 CHANGE IN SPLIT INTEREST AGREEMENTS: $31,010
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:ROBERT L. BEITCHER TITLE:DIRECTOR/INTERIM CEO (2/2010) HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:GEORGE CLOONEY TITLE:DIRECTOR (AS OF 9/2010) HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:DARCIE A. DENKERT TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:MARK FLEISCHER TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:JIM GIANOPULOS TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:MICHAEL KARLIN TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:JEFFREY KATZENBERG TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:HAWK KOCH TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:MATTHEW LOEB TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:FRANK G. MANCUSO TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:ROGER L. MAYER TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:DIANE WHELAN NELSON TITLE:DIRECTOR (AS OF 9/2010) HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:A. ROBERT PISANO TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:PATRICK B. PURCELL TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:JAY D. ROTH TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:CASEY WASSERMAN TITLE:DIRECTOR HOURS:1
HOURS DEVOTED FOR RELATED ORGANIZATION
FORM 990 PART VII
NAME:ROBERT M. OSHER TITLE:TRUSTEE (THROUGH 6/2010) HOURS:1