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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
MISERICORDIA UNIVERSITY
Employer identification number
24-0795406
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2013.
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—2012.
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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
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) 2013
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
MISERICORDIA UNIVERSITY
Employer identification number
24-0795406
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
THE EXECUTIVE COMMITTEE SHALL EXERCISE ALL OF THE POWERS OF THE BOARD OF TRUSTEES WHEN THE BOARD IS NOT IN SESSION, WITH THE EXCEPTION OF REMOVING OR APPOINTING THE PRESIDENT OF THE UNIVERSITY OR TAKING ANY ACTION WHICH HAS SPECIFICALLY BEEN RESERVED BY THE BOARD.
FORM 990, PART VI, SECTION A, LINE 2
THE FOLLOWING RELATIONSHIPS WERE DISCLOSED AMONG BOARD MEMBERS: KRISTOPHER JONES AND ROBERT SOPER HAVE A BUSINESS RELATIONSHIP. HAROLD FLACK AND WILLIAM WILLIAMS HAVE A BUSINESS RELATIONSHIP. ROBERT FRIEDMAN AND WILLIAM WILLIAMS HAVE A BUSINESS RELATIONSHIP.
FORM 990, PART VI, SECTION A, LINE 6
THE SOLE MEMBER OF THE UNIVERSITY SHALL BE THE CONFERENCE FOR MERCY HIGHER EDUCATION, INC.
FORM 990, PART VI, SECTION A, LINE 7A
THE SOLE MEMBER HAS THE RIGHT TO APPOINT AND REAPPOINT TRUSTEES.
FORM 990, PART VI, SECTION A, LINE 7B
POWERS RESERVED FOR THE SOLE MEMBER INCLUDE: 1. CHANGES IN INSTITUTIONAL PURPOSE 2. APPOINTMENT OF A PRESIDENT OF THE UNIVERSITY 3. MERGER OR CONSOLIDATION OF THE INSTITUTION WITH ANOTHER CORPORATION 4. SALE, MORTGAGE, PURCHASE, OR LEASE OF REAL PROPERTY AFFECTING MORE THAN FIVE PERCENT OF CORPORATE ASSETS, LOANS EXCEEDING FIVE PERCENT OF CORPORATE ASSETS, AND DISPOSITION OF CORPORATE ASSETS EXCEEDING ONE PERCENT OF CORPORATE ASSETS. 5. MATTERS REQUIRED BY CANON LAW 6. APPROVAL OF AMENDMENTS TO THE BY-LAWS
FORM 990, PART VI, SECTION B, LINE 11
THE UNIVERSITY'S AUDIT COMMITTEE IS A STANDING COMMITTEE OF THE BOARD OF TRUSTEES. AS OUTLINED IN THE AUDIT COMMITTEE CHARTER, ONE OF THE AUDIT COMMITTEE'S RESPONSIBILITIES IS TO ANNUALLY REVIEW AND APPROVE FEDERAL FORM 990 AND FORM 990-T PRIOR TO FILING. COPIES OF FORMS 990 AND 990-T ARE PROVIDED TO THE FULL BOARD OF TRUSTEES PRIOR TO THE FILING DUE DATE VIA A WEB-BASED SECURE LINK.
FORM 990, PART VI, SECTION B, LINE 12C
THE UNIVERSITY MAINTAINS A WRITTEN CONFLICT OF INTEREST POLICY COVERING ALL MEMBERS OF THE BOARD OF TRUSTEES, INSTITUTIONAL OFFICERS, FACULTY AND EMPLOYEES OF THE UNIVERSITY. A DISCLOSURE AND CONFLICT OF INTEREST FORM DETAILS INFORMATION REGARDING SUBSTANTIVE, COMPETING, BUSINESS AND FAMILIAL RELATIONSHIPS THAT MAY REPRESENT A CONFLICT OF INTEREST. ANY SUCH RELATIONSHIPS INCLUDING POSSIBLE SUBSTANTIAL BENEFITS ARE DETAILED ON THE DISCLOSURE AND CONFLICT OF INTEREST FORM. MEMBERS OF THE BOARD OF TRUSTEES ARE REQUIRED TO COMPLETE A NEW DISCLOSURE AND CONFLICT OF INTEREST FORM ANNUALLY. THE FORMS ARE REVIEWED BY THE SECRETARY OF THE BOARD OF TRUSTEES AND ANY POTENTIAL CONFLICTS ARE REVIEWED WITH THE PRESIDENT AND THE HUMAN RESOURCES DEPARTMENT AS CONSIDERED NECESSARY. BOARD MEMBERS AND OTHER OFFICERS, WHEN A CONFLICT IS PRESENT, ABSTAIN FROM ANY DECISIONS MADE BY THE BOARD.
FORM 990, PART VI, SECTION B, LINE 15
THE UNIVERSITY'S EXECUTIVE COMMITTEE, WHICH ALSO SERVES AS THE COMPENSATION COMMITTEE, PERIODICALLY ENGAGES AN INDEPENDENT CONSULTING FIRM TO ASSIST IN DETERMINING EXECUTIVE COMPENSATION WITHIN A PRE-DETERMINED COMPENSATION PHILOSOPHY. THE FIRM'S REVIEW IS BASED UPON MARKET EVALUATION OF ITEMS INCLUDING THE UNIVERSITY'S PEER INSTITUTIONS' STATISTICS, FAIR MARKET RANGE WITHIN THE INDUSTRY, AND COMPENSATION AND BENEFITS IN COMPLIANCE WITH APPROPRIATE PROVISIONS OF THE INTERNAL REVENUE CODE. SALARY ADJUSTMENTS AND BONUSES FOR THE PRESIDENT ARE DISCUSSED AND DOCUMENTED AT THE EXECUTIVE COMMITTEE LEVEL. ALL OTHER EMPLOYEES, INCLUDING KEY EMPLOYEES, HAVE THEIR COMPENSATION DECIDED UPON DATE OF HIRE. SUBSEQUENT RAISES ARE DETERMINED AS AN ANNUAL UNIVERSITY-WIDE INCREASE. FAIR MARKET COMPENSATION FOR THE INDUSTRY IS CONSIDERED IN ALL COMPENSATION DECISIONS.
FORM 990, PART VI, SECTION C, LINE 19
ALTHOUGH THE UNIVERSITY DOES NOT MAKE ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS ROUTINELY AVAILABLE TO THE PUBLIC, THE DOCUMENTS ARE AVAILABLE UPON REQUEST. THE UNIVERSITY'S CONFLICT OF INTEREST POLICY IS INCLUDED IN THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL AVAILABLE ON THE UNIVERSITY'S WEBSITE. THE UNIVERSITY PROACTIVELY SUBMITS ITS FINANCIAL STATEMENTS TO THE NATIONAL ASSOCIATION OF COLLEGE AND UNIVERSITY BUSINESS OFFICERS (NACUBO) WEBSITE. IN ADDITION, THE FINANCIAL STATEMENTS ARE AVAILABLE UPON REQUEST.
990, PART VII, SECTION A
BECAUSE VICE PRESIDENT SISTER JEAN MESSAROS' CONGREGATION TAKES A VOW OF POVERTY, ALL OF HER INCOME RELATED TO HER WORK FOR MISERICORDIA UNIVERSITY GOES DIRECTLY TO THE CONGREGATION, AND IS THEREFORE NOT TAXABLE TO SISTER JEAN MESSAROS.
FORM 990, PART XI, LINE 9:
CHANGE IN SPLIT-INTEREST AGREEMENTS 365,579. NET UNREALIZED LOSS ON INTEREST RATE SWAPS -390,640. MINIMUM PENSION LIABILTY ADJUSTMENT 560,033. INTEREST RATE SWAPS -669,323.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.