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
2011
Open to Public Inspection
Name of the organization
EDUCATIONAL CREDIT MANAGEMENT CORPORATION
Employer identification number
41-1778617
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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.
0
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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..
0
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
0 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2011.
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—2010.
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—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
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......
98,266,423
135,842,876
125,751,877
168,227,121
382,905,105
910,993,402
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.
98,266,423
135,842,876
125,751,877
168,227,121
382,905,105
910,993,402
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
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.
303,710
47,322
351,032
c
Add lines 7a and 7b..
303,710
47,322
351,032
8
Public Support (Subtract line 7c from line 6.)
910,642,370
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
9
Amounts from line 6...
98,266,423
135,842,876
125,751,877
168,227,121
382,905,105
910,993,402
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,910,015
1,329,555
65,874
42,696
235,378
3,583,518
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
1,910,015
1,329,555
65,874
42,696
235,378
3,583,518
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.)
2,600
2,600
13
Total support (Add lines 9, 10c, 11 and 12.).
914,579,520
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 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
99.570 %
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
99.180 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
0.390 %
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
0.760 %
19a
33 1/3% support tests—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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
OTHER INCOME PART III, LINE 12; DESCRIPTION: MISCELLANEOUS INCOME; 2007: 2600.;
Explanation
Schedule A (Form 990 or 990-EZ) 2011
Additional Data
Software ID:
11000175
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
2011
Open to Public Inspection
Name of the organization
EDUCATIONAL CREDIT MANAGEMENT CORPORATION
Employer identification number
41-1778617
Identifier
Return Reference
Explanation
Pt I, Line 1
Educational Credit Management Corporation (ECMC), a 501(c)(3)
organization, is a national guaranty agency designated by the
U.S. Secretary of Education under and pursuant to the provisions
of the Higher Education Act of 1965, as amended. ECMC works
with schools and loan servicers to lower student loan default
rates, promote financial literacy and provide resources to support
student loan borrowers to help them successfully repay their loans.
---
Pt III, Line 4a
Continued from Part III, Line 4a.
default, it is not only our fiduciary responsibility to the
U.S. Treasury and the taxpayer to collect those loans, ECMC
is also committed to help the borrower recover from default.
Fortunately, Congress has given us tools to do so, such as
the loan rehabilitation program where we are given significant
latitude to establish an income contingent repayment
arrangement with the borrower. With successful completion
of this program, the default status is removed from the
borrower's record. Since inception, ECMC has returned over
$4 billion in student loan recoveries to the U.S. Treasury.
---
Pt III, Line 4b
Continued from Part III, Line 4b.
financial literacy and money management education; education
regarding the obligations associated with student loans;
and education on how to avoid student loan default. As of
December 31, 2011 the non-default guarantee portfolio consisted
of $33.7 billion in original outstanding principal balance.
---
Pt VI, Line 6
Educational Credit Management Corporation (ECMC) has one member.
The member is the Board of Directors of ECMC Group, Inc., a Delaware
non-stock, non-profit corporation. There are no stockholders.
---
Pt VI, Line 7a
ECMC Group, Inc. has the right to elect and/or approve all the directors
of the Educational Credit Management Corporation's Board of Directors.
---
Pt VI, Line 7b
ECMC Group, Inc. has the following rights with respect to
Educational Credit Management Corporation:
1. To authorize amendments to the certificates of incorporation
and bylaws.
2. To approve the strategic and financial plans.
3. To elect and/or approve the members of the Board of Directors.
4. To oversee coordination of programs and services offered.
5. To authorize formation, governance and dissolution.
---
Pt VI, Line 11a
All members of the Board of Directors and Executive Management are provided
a copy of Form 990 to review and provide comments prior to filing. All
members of the Board of Directors and Executive Management are provided
with a copy of the final version of Form 990 before it has been filed.
---
Pt VI, Line 12c
Officers, Directors and all employees are required to reaffirm on an annual
basis their understanding of the company's Code of Ethics and Business
Conduct. The affirmation specifically references that the individual
will comply with the directives of the Code of Ethics and Business Conduct.
Conflicts of Interest and disclosure of potential conflicts is included
in the Code of Ethics and Business Conduct. Monitoring and enforcement
of the policy is accomplished through the reaffirmation process.
In cases where a potential conflict exists at the officer and key employee
levels, the issue is disclosed to the CEO and Director of Corporate
Compliance. For potential or real conflicts involving the CEO or a member
of the Board of Directors, the disclosure is made to the Board Chairman.
The board member or CEO will be required to excuse themselves from
deliberation and voting on matters where they may have a conflict of
interest.
---
Pt VI, Line 13
Whistleblower Policy - ECMC Group, Inc. has a Code of Ethics and Business
Conduct policy that is affirmed annually by all ECMC Group, Inc. and
affiliated companies' officers, directors and employees. While there
is not a specific whistleblower policy, there is a provision
incorporated into the Code of Ethics and Business Conduct policy
that binds all employees. The provision states that there
can by no repercussions for good faith reporting of potential illegal
practices or violations of corporate policies. ECMC Group,
Inc. and Educational Credit Management Corporation have
established an anonymous whistleblower telephone hotline and
website administered by an outside vendor.
---
Pt VI, Line 15
The following describes the ECMC and ECMC Group executive
compensation methodology.
The Governance & Compensation Committee of the ECMC Group Board
of Directors is wholly comprised of independent, outside directors.
In 2011, the Committee retained executive compensation experts
from Grant Thornton, a global compensation consulting organization,
through Arnold & Porter LLP to identify appropriate CEO and
senior executive compensation packages. Arnold & Porter LLP provided
a written opinion on the reasonableness of this compensation. The
market analysis performed by Grant Thornton for Arnold & Porter LLP
includes salary and incentive data from an appropriate peer group
under IRS regulations and includes both nonprofit and for profit
entities.
---
Pt VI, Line 17
States to file Form 990: New Mexico & Oregon.
---
Pt VI, Line 19
No documents are made available to the public.
---
Pt VII-A
Per the Form 990 Instructions, ECMC is required to provide the hours
worked by ECMC Directors for ECMC and its related organizations.
See details below:
---
Robert Stein-related orgs=11 hrs/wk, ECMC=1 hr/wk, total=12 hrs/wk
Gary Cook-related orgs=8 hrs/wk, ECMC=1 hr/wk, total=9 hrs/wk
Roberta Cooper Ramo-related orgs=9 hrs/wk, ECMC=1 hr/wk, total=10 hrs/wk
John DePodesta-related orgs=11 hrs/wk, ECMC=1 hr/wk, total=12 hrs/wk
Edward Jennings-related orgs=7 hrs/wk, ECMC=1 hr/wk, total=8 hrs/wk
I. King Jordan-related orgs=8 hrs/wk, ECMC=1 hr/wk, total=9 hrs/wk
James McKeon-related orgs=8 hrs/wk, ECMC=1 hr/wk, total=9 hrs/wk
Jack O'Connell-related orgs=7 hrs/wk, ECMC=1 hr/wk, total=8 hrs/wk
Maurice Salter-related orgs=7 hrs/wk, ECMC=1 hr/wk, total=8 hrs/wk
Richard Boyle-related orgs=76 hrs/wk, ECMC=6 hrs/wk, total=82 hrs/wk
---
Per the Form 990 Instructions, ECMC is required to provide the
hours worked by officers and key employees of ECMC for ECMC
and its related organizatins. See details below:
---
Gregory Van Guilder-related orgs=55 hrs/wk, ECMC=2 hrs/wk, total=57 hrs/wk