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
THE RESEARCH FOUNDATION FOR THE STATE UNIVERSITY OF NEW YORK
Employer identification number
14-1368361
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.") ....
846,285,731
893,712,558
946,482,384
882,051,256
1,015,330,621
4,583,862,550
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
846,285,731
893,712,558
946,482,384
882,051,256
1,015,330,621
4,583,862,550
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)..
102,701,785
6
Public support. Subtract line 5 from line 4.
4,481,160,765
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..
846,285,731
893,712,558
946,482,384
882,051,256
1,015,330,621
4,583,862,550
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
21,293,593
13,878,019
14,801,670
13,802,825
10,101,545
73,877,652
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
188,812,069
201,364,254
191,435,157
207,570,692
241,498,693
1,030,680,865
11
Total support (Add lines 7 through 10).
5,688,421,067
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
78.777 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
80.066 %
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
Schedule A (Form 990 or 990-EZ) 2012
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
2012
Open to Public Inspection
Name of the organization
THE RESEARCH FOUNDATION FOR THE STATE UNIVERSITY OF NEW YORK
Employer identification number
14-1368361
Identifier
Return Reference
Explanation
Statements of Program Services Accomplishments
Part III, lines 4a through 4d
Part III, Line 4a - Program Service Accomplishments Research - The RF provides SUNY faculty and staff with administrative support for Research grants and awards that are funded by sponsors (federal and state governments, private sector companies and nonprofit foundations). The administrative support includes services such as hiring personnel necessary to conduct the research, purchasing equipment and supplies, prefunding expenses prior to sponsor reimbursement and providing financial reports to the sponsors. These research grants and awards encompass a wide range of disciplines including in life sciences and medicine; engineering and nanotechnology; physical sciences and energy; social sciences, and computer and information sciences. The RF supported 4,678 research grants and awards that were conducted by 1,907 faculty members (principal investigators). This year, research at SUNY led to 64 patents, 60 licensing and option agreements, 254 invention disclosures, and 237 patent applications filed. Part III, Line 4b - Program Service Accomplishments Public Service - SUNY faculty and staff conduct various programs that benefit local communities and beyond such as providing workforce development services, educational and therapeutic services to children through early intervention programs and coordinating small business development center activities. Funding for these grants and programs is provided by sponsors to the RF on behalf of SUNY. The RF supports the faculty and staff by performing the following administrative tasks: hiring personnel the faculty need to help conduct the program, purchasing necessary equipment and supplies and reimbursing travel costs that are provided for by the grant, submitting financial reports required by the sponsors, and ensuring compliance with federal and state regulations and the sponsor's terms and conditions. The RF supported 348 SUNY faculty and staff by administering 1,092 grants and programs from July 1, 2012 to June 30, 2013. Part III, Line 4c - Program Service Accomplishments Training and Education - SUNY faculty and staff and awarded grants and contracts for training and education programs that help build skills and disseminate SUNY expertise. The programs are designed to help people of all ages in New York State and around the world, such as teachers and health care workers. The RF provides administrative services that allow SUNY faculty and staff to focus on these programs. These administrative services include: hiring personnel to help conduct programs, purchasing necessary equipment and supplies and reimbursing travel costs that are provided for by grant, submitting financial reports required by the sponsor, and ensuring compliance with federal and state regulations and the sponsor's terms and conditions. During the 2012 tax year, the RF administered 679 grants and contracts for training and educational programs on behalf of 376 SUNY faculty and staff. Under the program services included on lines 4A through 4C, the RF employed approximately 12,000 individuals. Part III, Line 4d - Other Program Services Description Other program services - The RF administers grants and contracts such as scholarships and fellowships for SUNY students that are funded by external sponsors. During the 2012 tax year, the RF administered 1906 fellowships for SUNY students. Also included in other program services are services the RF provides to campus-related organizations across 30 SUNY locations and to RF affiliates - separate, private corporations that support campus goals to conduct collaborative research projects, empower small business incubation, and manage and develop real estate. The RF offers human resources/payroll and purchasing/payables administrative services to these organizations. Campus-related organizations are created to support SUNY's mission; examples of such organizations are campus foundations and clinical practice plans at the SUNY medical institutions. Approximately 2,700 individuals were employed by the RF for these program services. The remaining 1,600 individuals employed by the RF were mainly corporate staff supporting the programs described in lines 4A through 4D.
Business Relationships and Transactions with Directors, Officers, etc.
Part VI, line 2
Dr. Zimpher was Chair of the Board of Directors for a portion of tax year 2012 and serves as the Chancellor, and is therefore an officer, of the State University of New York (SUNY). Dr. Zimpher maintains business relationships among the following other individuals who are or were members of the RF Board during the tax year and who are also employed by SUNY: Vice Chair Mitchell, Director Gintzler, Director Johnstone, Director Kress, Director Philip, Director Sammakia, Director Scheinman, Director Siegel, Director Smith, Director Stenger and Director Stanley. Dr. Zimpher also maintains a business relationship with Dr. Kaloyeros, who is a key employee of the RF and is an employee of SUNY as well. These business relationships are not reportable on Schedule L nor did they give rise to transactions reportable on Schedule L.
Review of Form 990 by Governing Body
Part VI, line 11
The Audit Committee of the Board of Directors reviews the Form 990 prior to submission according to the Audit Committee charter. The RF provided a complete copy of the final Form 990 (including all required schedules), as ultimately filed with the IRS, to each person who was a voting member of the governing body at the time the Form 990 was filed with the IRS.
Conflict of Interest Monitoring
Part VI, line 12c
The RF monitors conflicts of interest for directors, officers and key employees by doing an annual certification of business and family relationships. Any director with a relationship that may be perceived as constituting a conflict of interest will recuse him/herself from the vote on that issue. Under the RF's Conflict of Interest Policy and Management of Conflicts of Interest Procedure, if a potential conflict is identified, it is reviewed by an impartial individual or group with consultation as needed with the Chief Compliance Officer. If a conflict is determined to exist, a management plan is put in place to mitigate the conflict.
Compensation of Officers and Key Employees
Part VI, line 15
The process for determining the compensation of the organization's top management official, officers, and employees meets the requirements of the rebuttable presumption provision under Treas. Reg. 53.4958-6. The RF Board has designated the Executive Committee to act as the Compensation Committee for the RF according to the Executive Committee Charter. If the President was an RF employee, then under the RF's Executive Compensation Policy "Compensation for the RF President will be set by the RF Board of Directors." Since the current president is not an RF employee but is employed by SUNY his salary is determined by the SUNY Chancellor consistent with relevant New York law and SUNY regulations and policy set by the SUNY Board of Trustees. Other RF officers listed in Part VII are in fact RF employees and therefore subject to the RF's Executive Compensation Policy. That Policy additionally states, "Compensation of other RF Officers will be set by the RF President and will be reviewed for reasonableness by the RF Board of Directors in accordance with the Procedure for Reviewing Executive Compensation. The RF Board of Directors will review the reasonableness of Compensation of Key Employees, Top Five Highly Compensated Employees and Compensated Directors." This review of reasonableness is based upon appropriate benchmarking data provided by an independent compensation consultant. That consultant was retained by the Executive Committee during the tax year to gather comparable local market and national data to create benchmarks for all officer positions and the RF retains contemporaneous documentation of the compensation review and approval process in order to conform with the Treasury Department's rebuttable presumption rules under Treas. Reg. 53.4958-6. The RF President does not receive salary from the RF; his salary was paid by The State University of New York and was reimbursed by the RF.
Availability of Documents to Public
Part VI, line 19
The Research Foundation Charter, the 1977 Agreement with the State University of New York, the conflict of interest policy and the financial statements are all available on the RF's public Web site at www.rfsuny.org.
Compensation for Directors
Part VII, Section A
Compensation for directors who are also faculty members is unrelated to their activities as members of the board of directors. Such compensation is related to their role as principal investigators or research scientists, or as campus administrators. The RF paid direct compensation to Dr. Myron Mitchell and Dr. Bahgat Sammakia as principal investigators, and to Dr. Steven Scheinman, Dr. David Smith and Dr. Harvey Stenger as campus administrators.
Other Changes to Net Assets
Part XI, Line 9
Other changes to net assets consist of a gain on an interest rate swap $0.4 million and a post-retirement benefit related change to net assets of $34.3 million.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.