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
2012
Open to Public Inspection
Name of the organization
MARINE BIOLOGICAL LABORATORY
Employer identification number
04-2104690
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
40,131,500
44,183,135
34,036,445
32,722,542
25,636,580
176,710,202
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
40,131,500
44,183,135
34,036,445
32,722,542
25,636,580
176,710,202
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)..
7,740,455
6
Public support. Subtract line 5 from line 4.
168,969,747
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
40,131,500
44,183,135
34,036,445
32,722,542
25,636,580
176,710,202
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
1,241,598
1,924,022
2,360,528
2,574,970
1,936,192
10,037,310
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
3,428
3,624
23,026
6,391
15,985
52,454
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
488,487
133,320
251,903
167,224
257,906
1,298,840
11
Total support (Add lines 7 through 10).
188,098,806
12
Gross receipts from related activities, etc. (see instructions)
..................
12
57,341,235
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
89.830 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
88.594 %
16a
33 1/3% support test—2012.
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—2011.
If the organization did not check a 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—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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......
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.
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.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
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.)..
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 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Other income shows miscellaneous revenue activity.
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
12000197
Software Version:
v1.00
-
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
2012
Open to Public Inspection
Name of the organization
MARINE BIOLOGICAL LABORATORY
Employer identification number
04-2104690
Identifier
Return Reference
Explanation
F990_P06_S0A_L06
Form 990, Part VI, Section A, Line 6
Under the bylaws in effect in 2012, there were 352 Corporation Members who were nominated by the Science Council and elected at the annual or special meeting by the members to serve until death or resignation. The Corporation Members had limited voting rights regarding changes in the Bylaws. Bylaw amendments, which have been made by the Board, could be amended or repealed by the Members at a properly called meeting. Specifically reserved to the Members was the power to amend the sections of the Bylaws related to removal of Trustees and Bylaw amendments, and any other provisions of the Bylaws (or as required by law or the Articles of Organization) that require action by the Members. (These provisions were amended in 2013.)
F990_P06_S0A_L07a
Form 990, Part VI, Section A, Line 7a
Under the bylaws in effect in 2012, the Corporation Members elected a Chair of the Science Council, who also was a member of the governing board. (These provisions were amended in 2013.)
F990_P06_S0A_L07b
Form 990, Part VI, Section A, Line 7b
As described above in the context of Part VI, Section A, Line 6.
F990_P06_S0B_L11b
Form 990, Part VI, Section B, Line 11b
Form 990 is prepared by the MBL staff and reviewed by Grant Thornton LLP, the institutions audit and tax services firm. A draft copy is then submitted to the Audit Committee of the Board of Trustees for a review. The final version is given to all members of the Board of Trustees at least five (5) days before the filing date.
F990_P06_S0B_L12c
Form 990, Part VI, Section B, Line 12c
The process in 2012 was that all employees of the MBL were annually sent the following from Human Resources: a link to the online MBL conflict of interest policy, a memo explaining the need for all employees to fill out the disclosure form, and the disclosure form. Human Resources ensured that all employees returned the form by the requested due date. The forms were reviewed and signed by the Human Resources Director. All forms with a potential conflict of interest were reviewed by the MBL President/Director. The Human Resources Director and the President/Director would attempt to resolve the conflict with the employee. Failure to comply with the policy could result in dismissal, subject to and in accordance with the terms of any applicable employment agreement. All MBL board members were sent a copy of the Trustee conflict of interest policy and a conflict of interest disclosure form to be filed within 30 days of election to the board and annually thereafter. The disclosure forms were received by the President/Director's office, and forwarded to the Chief Financial Officer. The forms were reviewed for possible conflicts of interest by the Chairman of the Board. If conflicts of interest could not be resolved or the board member failed to comply with the policy, the board member could be subject to removal by a vote of the board pursuant to the bylaws. (The process for review of employees and board members was changed in 2013.)
F990_P06_S0B_L15
Form 990, Part VI, Section B, Line 15
The previous President/Director's compensation package for 2012 was determined and approved by the Board of Trustees after review of comparable salaries & benefits in the industry using at least two sources of data. Contemporaneous substantiation of the deliberation and decision is maintained by the institution. The new President/Director appointed in November 2012 was offered a salary and benefit package substantially similar to the previous President/Director.
F990_P06_S0C_L19
Form 990, Part VI, Section C, Line 19
The governing documents and conflict of interest policy are available on the website. Financial statements are available upon request to the CFO.
F990_P11_S00_L09
Form 990, Part XI, Line 9
Other changes consists of the following deductions from revenue: the interest rate swap increase of $81,463, the periodic pension expense change of $488,445. The decrease in the present value annuities of $15,317 was added back to revenue. There was a $40,000 addition of expense for the Director's housing allowance (W-2 only).
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.