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 YOUNG MEN'S AND YOUNG WOMEN'S HEBREW ASSOCIATION
Employer identification number
13-1624229
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.") ....
21,865,548
12,623,928
27,937,772
40,982,775
24,581,417
127,991,440
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
21,865,548
12,623,928
27,937,772
40,982,775
24,581,417
127,991,440
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)..
38,315,276
6
Public support. Subtract line 5 from line 4.
89,676,164
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..
21,865,548
12,623,928
27,937,772
40,982,775
24,581,417
127,991,440
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
346,375
63,715
40,827
11,661
33,360
495,938
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
322,914
482,125
396,548
1,201,587
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
0
11
Total support (Add lines 7 through 10).
129,688,965
12
Gross receipts from related activities, etc. (see instructions)
..................
12
179,295,246
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
69.147 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
68.130 %
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 YOUNG MEN'S AND YOUNG WOMEN'S HEBREW ASSOCIATION
Employer identification number
13-1624229
Identifier
Return Reference
Explanation
FORM 8868 AND FORM 990 PART III LINE 1 - ORGANIZATION'S MISSION
FORM 8868 - APPLICATION FOR EXTENSION OF TIME TO FILE FOR AN EXEMPT ORGANIZATION WAS ELECTRONICALLY FILED. FORM 990 PART III LINE 1 - ORGANIZATION'S MISSION FOUNDED MORE THAN A CENTURY AGO TO SERVE THE JEWISH PEOPLE, THE 92Y PROMOTES INDIVIDUAL AND FAMILY DEVELOPMENT AND PARTICIPATION IN CIVIC LIFE WITHIN THE CONTEXT OF JEWISH VALUES AND AMERICAN PLURALISM. A COMMUNITY AND CULTURAL CENTER, THE YM-YWHA SEEKS TO CREATE, PROVIDE AND DISSEMINATE PROGRAMS OF DISTINCTION THAT FOSTER THE PHYSICAL AND MENTAL HEALTH OF HUMAN BEINGS THROUGHOUT THEIR LIVES, THEIR EDUCATIONAL AND SPIRITUAL GROWTH, AND THEIR ENJOYMENT. THE 92Y REACHES OUT BEYOND ITS CORE CONSTITUENCY OF AMERICAN JEWS TO SERVE PEOPLE OF DIVERSE, RACIAL, RELIGIOUS, ETHNIC AND ECONOMIC BACKGROUNDS, SEEKING PARTNERSHIPS THAT LEAVEN OUR PROGRAMS AND BROADEN OUR INFLUENCE.
Part III STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS AND PART IX EXPENSES
Line 3 AND PART IX STATEMENT OF FUNCTIONAL EXPENSES
DURING FISCAL-YEAR 2013, THE 92Y MADE THE DECISION TO CLOSE ONE OF ITS PROGRAM LOCATIONS AT 200 HUDSON STREET IN THE TRIBECA AREA OF MANHATTAN ("TRIBECA"). IN MARCH 2013, THE 92Y EXERCISED ITS RIGHT TO TERMINATE ITS LEASE AGREEMENT AT TRIBECA. PRIOR TO THE EFFECTIVE DATE OF TERMINATION, THE 92Y MOVED SOME OF ITS EQUIPMENT AND INVENTORY TO ITS PRINCIPAL LOCATION. CERTAIN FIXED ASSETS AND EQUIPMENT THAT COULD NOT BE MOVED TO ITS PRINCIPAL LOCATION WERE WRITTEN OFF AMOUNTING TO APPROXIMATELY $6,914,000. THE 92Y INCURRED A LOSS OF APPROXIMATELY $3,622,000 AS A RESULT OF THIS WRITE-OFF.
PART III STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS
LINE #4D OTHER PROGRAM SERVICES
The School of the Arts continues the 92Y's long history of offering outstanding instruction in music, dance and the visual arts. Under its auspices are the School of Music, founded in 1917, the Art Center, founded in 1930, and the Harkness Dance Center, which offered the modern dance movement its first home in America in 1935. Classes are available for all age groups, from preschool children to senior adults, and at all levels of training, from avocational beginners to established professional performers, teachers and choreographers. The School's Educational Outreach Program brings music, dance and art into the lives of 8,000 economically disadvantaged students in East and West Harlem public schools. Scholarships = $209,130 Expenses = $7,662,934 Revenue = $4,344,670 Through its Music Program, the Tisch Center for the Arts produces and presents world-class concerts of classical, world, folk and cabaret music, lyric theater and jazz. The Center's Unterberg Poetry Center, established in 1939, produces a renowned literary reading series that presents the most distinguished writers of our time. The Tisch Center for the Arts offers extensive educational programs for writers of all levels, sponsors an adult literacy project for non-English-speaking, lower-income, recent immigrants, and hosts a literary program that brings world-famous authors to high schools to teach writing workshops. Scholarships = $3,843 Expenses = $4,370,575 Revenue = $1,880,018 The Charles Simon Center for Adult Life & Learning offers a unique blend of social, educational and cultural programs for adults at every stage of their lives, from singles to seniors. Internationally known as the presenter of the country's most prestigious lecture series, the Center brings the world's finest minds and most intriguing cultural figures to the 92Y's stage. Additionally, the Center offers diverse personal growth, career development and language classes, as well as local tours to places of historic, social, artistic and architectural importance. The acclaimed de Hirsch Residence also falls under the auspices of this Center. Scholarships = $10,947 Expenses = $8,931,165 Revenues = $8,531,914 The Bronfman Center for jewish life, offers a distinguished array of lectures, interviews, classes, workshops and holiday celebrations that explore jewish ideas and themes. Known as a jewish home to thousands of adults and children, the center offers a wide range of programs to those beginning an exploration of judaism, those continuing their studies and those seeking a better understanding of jewish values, texts, history and rituals. Scholarships = $25,375 Expenses = $2,503,726 Revenues = $1,046,266 The Milstein/Rosenthal Center for media & technology is spearheading the 92Y's foray into the technology age. Working with the other centers, the unit is developing and implementing technology-based-programs, long distance learning, internet simulcasts, video conferencing, and similar new-media tools that will enable the 92Y to extend its reach beyond its four walls to communities and constituencies around the world. Scholarships = $0 Expenses = $880,423 Revenues = $187,655 AGENCY WIDE INITIATIVES: Agency Wide Initiatives develop innovative agency programs, such as Giving Tuesday, UN Week, Social Good Summit and Week of Wellness. The 92Y also earns revenue from renting out its concert hall and through its annual Street Festival. These initiatives generated $951,515 in earned revenue during the fiscal year. Scholarships = $0 Expenses = $2,284,078 Revenues = $951,515 INSTITUTIONAL SUPPORT: The 92Y earns revenue through class and ticket registration/handling fees and the renting out of rooms for public use. These activities generated $484,547 in earned revenue during the fical year. year.
BOARD RELATIONSHIPS
PART VI, SECTION A, #2
ANDREW CRYSTAL AND RICHARD CRYSTAL - FAMILY RELATIONSHIP.
REVIEW OF 990
PART VI, SECTION B, #11B
A MEMBER OF THE AUDIT COMMITTEE HAS REVIEWED THE 990 AND MET WITH THE AUDIT COMMITTEE TO REVIEW THE FINAL DRAFT AND PRESENTED IT TO THE BOARD.
CONFLICT OF INTEREST
PART VI, SECTION B, #12
Officers, Directors, Trustees and Key employees are required to sign a conflict of interest statement ON AN ANNUAL BASIS. The forms are handed out at Board meetings and followed up by the Executive Office to ensure prompt response.
REVIEW OF COMPENSATION
PART VI, SECTION B, #15A AND #15B
In regards to Executive Compensation in FY2011, the Human Resources management committee (HRMC) (chaired by Fred Poses, in conjunction with Tom Kaplan and Fred Mack) commissioned James E. Rocco Associates to perform a review of the Executive Director's compensation in FY 2011; Mr. Rocco presented his findings to the HRMC members on March 2, 2011 and a new level of compensation was approved by Fred Poses, Tom Kaplan and Fred Mack shortly thereafter. This was part of a multi-year agreement which applies to fiscal year 2013 as well. IN ADDITION, A special committee of the Board of Directors reviews compensation for key employees.
PUBLIC AVAILABILITY OF DOCUMENTS
part vi, section c, #19
the financial statements AND COMPLETE 990 are made available to the public upon request. IN ADDITION, the FINANCIAL STATEMENTS, THE IRS determination letter AND EXCERPTS OF THE FORM 990 ARE available on the 92y'S website.
OTHER CHANGES IN NET ASSETS
PART XI, #9
OTHER CHANGES IN NET ASSETS INCLUDES GAIN ON THE FAIR MARKET VALUE OF THE CHARITABLE REMAINDER TRUST OF $172,911.
Part VI GOVERNANCE, MANAGEMENT AND DISCLOSURE
SECTION A, LINE 5
DURING THE FISCAL YEAR, THE 92Y FORMED A SPECIAL COMMITTEE OF DIRECTORS AND ENGAGED AN OUTSIDE LAW FIRM TO INVESTIGATE ALLEGATIONS OF MISCONDUCT BY A FORMER EMPLOYEE. THAT INVESTIGATION PRODUCED EVIDENCE THAT THE EMPLOYEE IN QUESTION, HAD ENGAGED IN IMPROPER CONDUCT. AS A RESULT, THAT FORMER EMPLOYEE'S SEVERANCE AND OTHER BENEFITS HAVE BEEN TERMINATED, AND EVIDENCE CONCERNING HIS MISCONDUCT HAS BEEN DISCLOSED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES. ALTHOUGH THE EVIDENCE PRODUCED BY THE INVESTIGATION POINTED ONLY TO A SINGLE EMPLOYEE RECEIVING IMPROPER PAYMMENTS, 92Y HAS TAKEN THE APPROPRIATE STEPS, INCLUDING THE TERMINATION OF SEVERAL EMPLOYEES WHO WERE AWARE OF OR SHOULD HAVE BEEN AWARE OF, BUT FAILED TO REPORT, IMPROPER CONDUCT. 92Y RETAINED AN INDEPENDENT ACCOUNTING FIRM TO ENSURE THAT IT IS COMPLIANT WITH BEST PRACTICES AND CONTROLS IN ALL ASPECTS OF ITS FISCAL, SOURCING AND PURCHASING OPERATIONS. IN ADDITION,92Y WHISTLEBLOWER POLICY WAS RE-EMPHASIZED THROUGH MULTIPLE COMMUNICATIONS WITH THE BOARD AND ALL EMPLOYEES. BASED ON THE RESULTS OF THE INVESTIGATION, THE IMPROPER CONDUCT DID NOT HAVE A MATERIAL IMPACT ON 92Y'S FINANCIAL CONDITION. THE SPECIAL COMMITTEE AND THE BOARD CONTINUE THEIR REVIEW OF THE SITUATION, INCLUDING CONSIDERATION OF FURTHER ACTIONS AND IMPLICATIONS. THE BOARD IS CONFIDENT THAT THE ACTIONS THAT HAVE BEEN TAKEN WILL ENSURE THAT 92Y WILL CONTINUE TO BE AN INVALUABLE RESOURCE FOR OUR FAMILIES AND OUR COMMUNITY.
FORM 990 PART X
UNRESTRICTED NET ASSETS
THE 92Y MAINTAINS A POSITIVE TOTAL NET ASSET POSITION AS OF JUNE 30, 2013. HOWEVER, THE 92Y'S UNRESTRICTED NET ASSETS ARE IN A DEFICIT POSITION AS OF JUNE 30, 2013. MANAGEMENT'S PLANS TO MITIGATE THIS POSITION INCLUDE (I)IMPROVED OPERATING RESULTS AND (II)FUTURE RELEASES OF TEMPORARILY RESTRICTED NET ASSETS, INCLUDING A DONOR-RESTRICTED INVESTMENT, THE LAPSE OF DONOR-IMPOSED TIME RESTRICTIONS AND COLLECTIONS OF PLEDGE RECEIVABLES.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.