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
EASTER SEALS MASSACHUSETTS INC
Employer identification number
04-2103867
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.") ....
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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
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.") .
2,019,692
1,730,255
1,705,070
1,581,615
1,421,653
8,458,285
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......
7,465,402
7,508,334
7,565,964
7,600,151
9,030,009
39,169,860
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.
9,485,094
9,238,589
9,271,034
9,181,766
10,451,662
47,628,145
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
0
53,410
30,896
25,200
109,506
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.
2,939,168
2,954,897
3,085,820
2,839,311
3,126,255
14,945,451
c
Add lines 7a and 7b..
2,939,168
2,954,897
3,139,230
2,870,207
3,151,455
15,054,957
8
Public support (Subtract line 7c from line 6.)
32,573,188
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...
9,485,094
9,238,589
9,271,034
9,181,766
10,451,662
47,628,145
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
106,809
90,877
84,965
78,896
96,119
457,666
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
106,809
90,877
84,965
78,896
96,119
457,666
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.)
..
49,647
48,761
53,141
54,843
68,496
274,888
13
Total support. (Add lines 9, 10c, 11, and 12.)..
9,641,550
9,378,227
9,409,140
9,315,505
10,616,277
48,360,699
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
67.350 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
64.120 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.940 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
1.120 %
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, SCHEDULE A, PART III, LINE 12, DESCRIPTION - GROSS RECEIPTS FROM FUNDRAISING ACTIVITIES, COLUMN A - 49647, COLUMN B - 48761, COLUMN C - 53141, COLUMN D - 54843, COLUMN E - 68496, COLUMN F - 274888;,
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
12000266
Software Version:
v2012.1.0
-
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
2012
Open to Public Inspection
Name of the organization
EASTER SEALS MASSACHUSETTS INC
Employer identification number
04-2103867
Identifier
Return Reference
Explanation
ORGANIZATION'S MISSION
FORM 990, PART III, LINE 1
(CONTINUED FROM PART III, LINE 1) OUR MISSION IS TO PROVIDE SERVICES TO ENSURE THAT CHILDREN AND ADULTS WITH DISABILITIES HAVE EQUAL OPPORTUNITIES TO LIVE, LEARN, WORK AND PLAY. THESE SERVICES INCLUDE REHABILITATION SERVICES, RECREATIONAL ACTIVITIES, EMPLOYMENT AND TRAINING SERVICES, TECHNOLOGICAL ASSISTANCE, ADVOCACY AND PUBLIC EDUCATION PROGRAMS THAT ARE PROVIDED IN COMMUNITIES THROUGHOUT MASSACHUSETTS. EASTER SEALS MASSACHUSETTS SERVICES HELP PEOPLE OF ALL AGES WITH ALL KINDS OF DISABILITIES - INDIVIDUALS DISABLED THROUGH ILLNESS, ACCIDENT OR AGING, AS WELL AS PEOPLE BORN WITH DISABILITIES. THE GOAL OF OUR SERVICES IS TO HELP PEOPLE LIVE AS FULL AND INDEPENDENT LIVES AS POSSIBLE, RIGHT IN THEIR OWN COMMUNITIES. IN ADDITION, THE ORGANIZATION IS THE ADMINISTRATOR OF THE MASSACHUSETTS ASSISTIVE TECHNOLOGY LOAN PROGRAM ("MATLP").
Review of form 990 by governing body
Form 990, Part VI, Section B, Line 11b
THE FORM 990 IS PREPARED BY A CPA FIRM BASED ON INPUT FROM MANAGEMENT. AFTER THE PREPARATION OF THE FORM 990, THE RETURN IS REVIEWED BY THE VP OF FINANCE AND ADMINISTRATION AND PROVIDED TO THE AUDIT COMMITTEE FOR THEIR REVIEW. THE AUDIT COMMITTEE REVIEWS THE FORM 990 WITH ESMA'S TAX RETURN PREPARERS. SUBSEQUENT TO THIS REVIEW, THE FULL BOARD IS PROVIDED WITH COPIES OF THE 990 PRIOR TO FILING WITH THE IRS.
Conflict of interest policy
Form 990, Part VI, Section B, Line 12c
ESMA'S PRACTICE HAS BEEN TO NOT CONDUCT BUSINESS TRANSACTIONS WITH COMPANIES IN WHICH MEMBERS OF THE BOARD HAVE A CONFLICT OF INTEREST. THE ORGANIZATION'S CONFLICT OF INTEREST POLICY COVERS ALL OFFICERS, DIRECTORS, TRUSTEES AND KEY EMPLOYEES. ANNUALLY ALL OFFICERS, DIRECTORS, TRUSTEES AND KEY EMPLOYEES MUST COMPLETE A CONFLICT OF INTEREST QUESTIONNAIRE TO DISCLOSE POTENTIAL OR ACTUAL CONFLICTS OF INTEREST THAT EXIST WITH THE ORGANIZATION. THE ANNUAL QUESTIONNAIRES ARE REVIEWED BY THE VP OF FINANCE AND ADMINISTRATION. IF THERE IS A SITUATION THAT COULD BE PERCEIVED AS A CONFLICT, THE VP OF FINANCE AND ADMINISTRATION WOULD PROVIDE THE DATA TO THE CEO. THE CEO WOULD WORK WITH THE BOARD'S GOVERNANCE COMMITTEE TO DETERMINE WHETHER A CONFLICT EXISTS. SHOULD A CONFLICT EXIST, THE CHAIRMAN OF THE BOARD WOULD BE INFORMED AND WOULD ASK THE MEMBER TO EXCUSE THEMSELVES FROM ANY DISCUSSIONS OR DECISIONS THAT ARE MADE IN REGARDS TO ANY TRANSACTION INVOLVING THE SAID CONFLICT.
Process used to establish compensation of top management official
Form 990, Part VI, Section B, Line 15a
THE BOARD OF DIRECTORS EMPLOYS THE PRESIDENT/CHIEF EXECUTIVE OFFICER FOR A PERIOD WHICH THE BOARD DETERMINES THROUGH AN EMPLOYMENT CONTRACT THAT IS REVIEWED AND REVISED ON AN ANNUAL BASIS AS NECESSARY. THE EXECUTIVE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS EVALUATES PERFORMANCE AND REVIEWS AND APPROVES THE COMPENSATION OF THE PRESIDENT/CEO EACH YEAR. ADJUSTMENTS TO SALARY, IF ANY, ARE TYPICALLY MADE EFFECTIVE JANUARY 1 OF EACH YEAR. THE EXECUTIVE COMPENSATION COMMITTEE REVIEWS MARKET DATA FOR CEO'S OF OTHER NONPROFITS FOR COMPARABILITY PURPOSES. THIS DATA IS GATHERED THROUGH 990'S OF OTHER ORGANIZATIONS, REPORTS FROM A CEO COMPENSATION STUDY PREPARED BY CHARITY NAVIGATOR AND COMPENSATION DATA PROVIDED BY EASTER SEALS, INC., THE AFFILIATED NATIONAL ORGANIZATION OF ESMA. IN ADDITION, AN ANNUAL CEO EVALUATION IS COMPLETED BY BOARD MEMBERS AND MANAGEMENT STAFF. THE RESULTS OF THIS ANNUAL ASSESSMENT ARE MADE AVAILABLE TO THE EXECUTIVE COMPENSATION COMMITTEE IN THEIR DELIBERATIONS REGARDING COMPENSATION. THE COMMITTEE RECOMMENDS ANY SALARY ACTION TO THE FULL BOARD FOR APPROVAL. THE DIRECTOR OF HUMAN RESOURCES SERVES AS AD HOC STAFF TO THE EXECUTIVE COMPENSATION COMMITTEE. MINUTES OF THE COMPENSATION COMMITTEE MEETINGS ARE DOCUMENTED ON A TIMELY BASIS. THIS PROCESS WAS LAST UNDERTAKEN PRIOR TO THE JANUARY 2013 BOARD OF DIRECTORS MEETING, AT WHICH TIME AN EXECUTIVE SESSION WAS HELD TO DISCUSS THE RECOMMENDATIONS OF THE EXECUTIVE COMPENSATION COMMITTEE.
Process used to establish compensation of other officers/key employees
Form 990, Part VI, Section B, Line 15b
ESMA'S POLICY IS TO EVALUATE ALL JOBS IN ORDER TO ESTABLISH A CONSISTENT BASIS FOR MEASURING AND RANKING THE RELATIVE WORTH OF EACH POSITION. ESMA USES A JOB EVALUATION SYSTEM TO CLASSIFY EACH POSITION BY FAIR LABOR STANDARDS ACT CRITERIA (EXEMPT VS. NON-EXEMPT) AND DETERMINE A SALARY GRADE IN ACCORDANCE WITH JOB RESPONSIBILITIES TO ASSURE INTERNAL EQUITY. THE HUMAN RESOURCES DEPARTMENT IS RESPONSIBLE FOR DEVELOPING, DOCUMENTING AND ADMINISTERING THE JOB EVALUATION PROGRAM. OTHER OFFICERS AND HIGHEST PAID EMPLOYEES ARE ASSIGNED A SALARY RANGE THAT PROVIDES A SPREAD FROM A MINIMUM SALARY RATE TO A MAXIMUM SALARY RATE. OTHER OFFICER AND HIGHEST PAID EMPLOYEES' COMPENSATION WITHIN ANY SALARY GRADE IS BASED ON FACTORS SUCH AS MERIT, EXPERIENCE, INDIVIDUAL CONTRIBUTION, PRODUCTIVITY, LENGTH OF SERVICE AND EXTERNAL MARKET FACTORS. IN ADDITION, WAGE AND SALARY SURVEYS ARE CONDUCTED REGULARLY AND RECOMMENDATIONS TO ADJUST THE SALARY RANGES ARE MADE ACCORDINGLY TO HELP ASSURE EXTERNAL COMPETITIVENESS. SALARIES FOR OTHER OFFICERS AND HIGHEST PAID EMPLOYEES ARE REVIEWED ANNUALLY WITH THE EXECUTIVE COMPENSATION COMMITTEE OF THE BOARD. ALL COMPENSATION POLICY DECISIONS TAKE INTO CONSIDERATION THE ORGANIZATION'S OVERALL FINANCIAL CONDITION AND COMPETITIVE POSITION. THIS PROCESS WAS LAST PERFORMED IN NOVEMBER 2012 FOR THE FOLLOWING POSITIONS: 1. SVP OF PROGRAM SERVICES/COO 2. VP OF FINANCE & ADMIN
Governing documents, conflict of interest policy and financial statements available to the public
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.
Other changes in net assets or fund balances
Form 990 , Part XI, Line 9
CHANGE IN PENSION BENEFIT LIABILITY - 875735;
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.