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
PROFESSIONAL EXAMINATION SERVICE
Employer identification number
23-7097173
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.") .
117,026
117,026
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......
17,490,308
15,942,371
17,136,166
17,285,108
17,020,565
84,874,518
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.
17,490,308
16,059,397
17,136,166
17,285,108
17,020,565
84,991,544
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
0
0
0
0
0
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.
8,459,275
8,769,905
9,285,933
9,345,788
9,169,541
45,030,442
c
Add lines 7a and 7b..
8,459,275
8,769,905
9,285,933
9,345,788
9,169,541
45,030,442
8
Public support (Subtract line 7c from line 6.)
39,961,102
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...
17,490,308
16,059,397
17,136,166
17,285,108
17,020,565
84,991,544
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
225,936
261,878
191,210
223,258
258,758
1,161,040
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
225,936
261,878
191,210
223,258
258,758
1,161,040
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.)
..
0
0
0
0
0
13
Total support. (Add lines 9, 10c, 11, and 12.)..
17,716,244
16,321,275
17,327,376
17,508,366
17,279,323
86,152,584
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
46.380 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
46.880 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
1.340 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
1.210 %
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
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
PROFESSIONAL EXAMINATION SERVICE
Employer identification number
23-7097173
Identifier
Return Reference
Explanation
Delegate broad authority to a committee
Form 990, Part VI, Section A, Line 1a
THERE IS AN EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS, WHICH INCLUDES THE CHAIR, VICE CHAIR, TREASURER, AND SECRETARY OF THE BOARD, AND THREE OTHER DIRECTORS AS WILL BE ELECTED AT THE ANNUAL MEETING OF THE BOARD. BY INVITATION OF THE CHAIR, THE PRESIDENT OF THE CORPORATION SHALL SERVE AS A MEMBER EX OFFICIO OF THE EXECUTIVE COMMITTEE AND MAY ATTEND SUCH MEETINGS OR PORTIONS OF MEETINGS OF THE COMMITTEE AS THE CHAIR DETERMINES TO BE USEFUL OR NECESSARY. DURING THE INTERVALS BETWEEN MEETINGS OF THE BOARD OF DIRECTORS, THE EXECUTIVE COMMITTEE SHALL POSSESS AND MAY EXERCISE ALL THE POWERS OF THE BOARD OF DIRECTORS, EXCEPT WITH RESPECT TO THE APPOINTMENT OR REMOVAL OF DIRECTORS AND OFFICERS AND THE AMENDMENT OF BYLAWS AND THE ARTICLES OF INCORPORATION. ALL ACTIONS BY THE EXECUTIVE COMMITTEE SHALL BE REPORTED TO THE BOARD OF DIRECTORS PRIOR TO ITS MEETING NEXT SUCCEEDING SUCH ACTION.
Review of form 990 by governing body
Form 990, Part VI, Section B, Line 11b
THE DRAFT 990 IS CIRCULATED FIRST TO THE AUDIT AND FINANCE COMMITTEES FOR REVIEW, COMMENTS, ADVICE AND SUGGESTIONS. AFTER INCORPORATING CHANGES, IF ANY, THE FORM 990 IS THEN CIRCULATED VIA E-MAIL TO ALL MEMBERS OF THE BOARD FOR A SECOND REVIEW PRIOR TO THE RETURN BEING FILED WITH THE IRS.
Conflict of interest policy
Form 990, Part VI, Section B, Line 12c
BOARD CANDIDATES ARE VETTED FOR POSSIBLE CONFLICTS PRIOR TO BEING DECLARED ELIGIBLE FOR ELECTION TO THE BOARD. ANNUAL SIGNING OF THE CONFLICT OF INTEREST DISCLOSURE STATEMENT IS REQUIRED, AND THE STATEMENTS ARE REVIEWED BY THE BOARD CHAIR ANNUALLY. IF IT IS DETERMINED THAT A CONFLICT OF INTEREST EXISTS, THE BOARD OF DIRECTORS OR COMMITTEE SHALL DETERMINE WHETHER THE ORGANIZATION CAN OBTAIN A MORE ADVANTAGEOUS TRANSACTION WITH REASONABLE EFFORTS FROM A PERSON OR ENTITY THAT WOULD NOT GIVE RISE TO A CONFLICT OF INTEREST. IF IT IS DETERMINED THAT AN INTERESTED PERSON HAS A CONFLICT, THE ORGANIZATION TAKES ACTION TO ENSURE THAT APPROPRIATE RESTRICTIONS ARE PUT IN PLACE SUCH AS PROHIBITING THEM FROM ANY RELATED DISCUSSION, VOTE OR SIMILAR ACTION.
Process used to establish compensation of top management official
Form 990, Part VI, Section B, Line 15a
THE ORGANIZATION COMPLETES AN ANNUAL PERFORMANCE APPRAISAL REVIEW OF ALL EMPLOYEES WHICH MAY RESULT IN MODIFICATIONS TO AN EMPLOYEE'S OVERALL COMPENSATION. COMPENSATION DECISIONS ARE MADE EXCLUSIVELY BY INDEPENDENT DIRECTORS, AS DEFINED UNDER IRC SECTION 4958. THE EXECUTIVE COMMITTEE OF THE ORGANIZATION'S BOARD OF DIRECTORS, WHICH CONSISTS PREDOMINANTLY OF INDEPENDENT PERSONS, REVIEWED AND APPROVED THE COMPENSATION FOR THE CEO OF THE ORGANIZATION IN JANUARY 2012. THE EXECUTIVE COMMITTEE ALSO REVIEWED COMPENSATION COMPARABILITY DATA IN 2012 IN CONJUNCTION WITH THE ORGANIZATION'S HUMAN RESOURCES DEPARTMENT AND OUTSIDE COMPENSATION CONSULTANTS AS NEEDED IN DETERMINING BOTH SALARY AND BONUS CONSIDERATIONS FOR OTHER OFFICERS AND KEY EMPLOYEES IN ORDER TO REMAIN COMPETITIVE IN THE INDUSTRY.
PROCESS USED TO ESTABLISH COMPENSATION FOR OTHER OFFICERS
FORM 990, PART VI, LINE 15B
THE ORGANIZATION'S PRESIDENT REVIEWS AND APPROVES THE COMPENSATION OF THE OTHER OFFICERS, BASED ON THEIR ANNUAL PERFORMANCE EVALUATIONS, SUBJECT TO THE REVIEW OF THE BOARD. THE ORGANIZATION CONTINUES TO UTILIZE MARKET DATA FROM OTHER COMPARABLE ORGANIZATIONS IN BOTH OUR GEOGRAPHICAL AREA, AND FROM SIMILAR TYPES OF ORGANIZATIONS. HUMAN RESOURCES ROUTINELY USES BOTH ON-LINE AND PRINTED SALARY SURVEYS TO PROVIDE APPROPRIATE RANGES OF COMPENSATION FOR THE OTHER OFFICERS OF THE ORGANIZATION. SOME EXAMPLES OF THE SURVEYS WHICH ARE USED ARE COMPDATA SURVEYS (ALL POSITIONS), ERI (NON-FOR-PROFIT SURVEY - ALL POSITIONS), GUIDESTAR (NON-FOR-PROFIT - ALL POSITIONS), BUREAU OF LABOR STATISTICS (ALL POSITIONS), WATSON WYATT (ALL POSITIONS), JANCO (IT POSITIONS) AND ROBERT HALF SALARY SURVEYS (FINANCE AND IT POSITIONS). IN ADDITION TO THE VARIOUS PUBLISHED SURVEYS, THE MARKET DATA INCLUDES AN EXAMINATION OF 18 COMPARABLE PEER ORGANIZATIONS WITHIN THE NEW YORK METROPOLITAN MARKETPLACE.
Governing documents, conflict of interest policy and financial statements available to the public
Form 990, Part VI, Section C, Line 19
THE ORGANIZATION MAKES ITS CONFLICT OF INTEREST POLICY, GOVERNING DOCUMENTS, AND AUDITED FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.