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
UNION THEOLOGICAL SEMINARY
Employer identification number
13-1624238
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 E(Form 990 or 990-EZ) Department of the Treasury Internal Revenue Service
SchoolsComplete if the organization answered "Yes" to Form 990, Part IV, line 13, or Form 990-EZ, Part VI, line 48. Attach to Form 990 or Form 990-EZ. Information about Schedule E (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
UNION THEOLOGICAL SEMINARY
Employer identification number
13-1624238
Part I
YES
NO
1
Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws,
other governing instrument, or in a resolution of its governing body?
......................
1
Yes
2
Does the organization include a statement of its racially nondiscriminatory policy toward students in all its
brochures, catalogues, and other written communications with the public dealing with student admissions,
programs, and scholarships?
......................................
2
Yes
3
Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during
the period of solicitation for students, or during the registration period if it has no solicitation program, in a way
that makes the policy known to all parts of the general community it serves? If "Yes," please describe. If "No,"
please explain. If you need more space use Part II.
.............................
3
Yes
4
Does the organization maintain the following?
a
Records indicating the racial composition of the student body, faculty, and administrative staff?
..........
4a
Yes
b
Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory
Other extracurricular activities?
.....................................
5h
No
If you answered "Yes" to any of the above, please explain. If you need more space, use Part II.
6a
Does the organization receive any financial aid or assistance from a governmental agency?
...........
6a
Yes
b
Has the organization's right to such aid ever been revoked or suspended?
...................
6b
No
If you answered "Yes" to either line 6a or line 6b, explain on Part II.
7
Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05
of Rev. Proc. 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? If "No," explain on Part II.
7
Yes
Paperwork Reduction Act Notice, see the Instructions for Form 990 or Form 990-EZ.
Cat. No. 50085D
Schedule E (Form 990 or 990-EZ) 2013
Schedule E (Form 990 or 990EZ) 2013
Page 2
Part II
Supplemental Information. Provide the explanations required by Part I, lines 3, 4d, 5h, 6b, and 7, as applicable. Also complete this part to provide any other additional information (see instructions).
Return Reference
Explanation
SCHEDULE E, PART I, LINE 3
THE SCHOOL PUBLICIZES ITS RACIALLY NONDISCRIMINATORY STATEMENT ON ITS WEBSITE AND IN ALL HANDBOOKS AND LITERATURE DISTRIBUTED. THE ADMISSIONS BROCHURE DISCLOSES THAT IT SERVES STUDENTS OF SIGNIFICANT FINANCIAL NEED AND DIVERSE CULTURES.
SCHEDULE E, PART I, LINE 6
UNION THEOLOGICAL SEMINARY RECEIVED GRANTS FOR STUDENT FINANCIAL ASSISTANCE FROM THE U.S. DEPARTMENT OF EDUCATION. THESE ARE FOR STUDENT LOANS UNDER THE FEDERAL FAMILY EDUCATION LOAN PROGRAM, FEDERAL PERKINS LOAN PROGRAM AND THE FEDERAL WORK STUDY PROGRAM.
Schedule E (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
UNION THEOLOGICAL SEMINARY
Employer identification number
13-1624238
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 4
ON JUNE 10, 2014, THE BY-LAWS WERE AMENDED BY THE BOARD OF DIRECTORS, EFFECTIVE JULY 1, 1014, TO COMPLY WITH NEW YORK'S NON-PROFIT REVITALIZATION ACT OF 2013 ("NFRA"). PRINCIPAL CHANGES MADE TO THE AMENDED BY-LAWS INCLUDED THE FOLLOWING: 1) ENTIRE BOARD (SECTION 3.02). AS PERMITTED BY THE NFRA, THE DEFINITION OF THE TERM "ENTIRE BOARD" WAS AMENDED TO MEAN THE NUMBER OF TRUSTEES THAT WERE ELECTED AS OF THE MOST RECENT ELECTION OF TRUSTEES. 2) COMMITTEES (SECTIONS 5.01 THROUGH 5.12). THE DISTINCTION BETWEEN STANDING AND SPECIAL COMMITTEES HAS BEEN ELIMINATED, AND THERE ARE NOW ONLY COMMITTEES OF THE BOARD AND COMMITTEES OF UTS. THE CHANGES THROUGHOUT THESE SECTIONS REFLECT THIS NEW COMMITTEE NOMENCLATURE. THE VOTING MEMBERS OF A COMMITTEE OF THE BOARD CONSIST ONLY OF TRUSTEES, ALTHOUGH IT ALSO INCLUDES ADVISORY MEMBERS. A COMMITTEE OF THE BOARD CAN BE DELEGATED SOME OF THE AUTHORITY OF THE BOARD. 3) AUDIT OVERSIGHT (SECTION 5.05). UNION HAS HAD AN AUDIT COMMITTEE FOR MANY YEARS, UNDER THE NPRA, UNION MUST HAVE AN AUDIT COMMITTEE CHARGED WITH OVERSEEING FUNCTIONS RELATING TO UNION'S ACCOUNTING AND FINANCIAL REPORTING PROCESSES. IN ADDITION, THE AUDIT COMMITTEE IS RESPONSIBLE FOR OVERSEEING THE ADOPTION, IMPLEMENTATION OF AND COMPLIANCE WITH UNION'S CONFLICT OF INTEREST POLICY AND WHISTLEBLOWER POLICY. THE AUDIT COMMITTEE MUST BE COMPRISED ONLY OF "INDEPENDENT" TRUSTEES, A TERM THAT IS NEWLY DEFINED. 4) RELATED PARTY TRANSACTIONS (SECTION 7.01). THE NPRA IMPOSES STRICTER STANDARDS FOR BOARD APPROVAL OF RELATED PARTY TRANSACTIONS THAN UNDER THE CURRENT LAW. UNDER THE NEW LAW, RELATED PARTY TRANSACTIONS ARE GENERALLY PROHIBITED UNLESS THE BOARD DETERMINES THAT THE TRANSACTION IS FAIR, REASONABLY AND IN UNION'S BEST INTEREST. THE NPRA ALSO REQUIRES THE BOARD TO CONSIDER ALTERNATIVE TRANSACTIONS, APPROVE THE TRANSACTION BY A MAJORITY VOTE, AND DOCUMENT IN WRITING THE BASIS FOR THE APPROVAL. FURTHERMORE, DIRECTORS, OFFICERS OR KEY EMPLOYEES WITH AN INTEREST IN THE TRANSACTION MAY NOT PARTICIPATE IN THE DELIBERATION OR VOTING ON SUCH A TRANSACTION. 5) COMPENSATION (SECTION 10.06). THE NPRA NOW REQUIRES THAT ANY PERSON RECEIVING COMPENSATION MAY NOT BE PRESENT OR PARTICIPATE IN ANY BOARD OR COMMITTEE DELIBERATION OR VOTE CONCERNING SUCH COMPENSATION. THIS NEW SECTION REFLECTS THE NEW LAW. 6) CONFLICTS OF INTEREST POLICY (SECTION 10.07). THE NPRA REQUIRES NON-PROFIT CORPORATIONS TO ADOPT A CONFLICTS OF INTEREST POLICY WITH SPECIFIC PROVISIONS, INCLUDING A DEFINITION OF A CONFLICT OF INTEREST, PROCEDURES FOR DISCLOSING A CONFLICT OF INTEREST, PROCEDURES FOR DISCLOSING, ADDRESSING AND DOCUMENTING RELATED PARTY TRANSACTIONS, AND REQUIREMENTS THAT TRUSTEES ANNUALLY SUBMIT A WRITTEN STATEMENT IDENTIFYING ANY CONFLICTS OF INTEREST. ALL OF THIS REFLECTS CURRENT UTS PRACTICE. IN ADDITION, CANDIDATES FOR ELECTION TO THE BOARD MUST SIGN SUCH A WRITTEN STATEMENT BEFORE THEY ARE ELECTED. 7) WHISTLEBLOWER POLICY (SECTION 8.07). UNION IS REQUIRED TO ADOPT A WHISTLEBLOWER POLICY BECAUSE IT HAS MORE THAN 20 EMPLOYEES AND HAS ANNUAL REVENUES IN EXCESS OF $1 MILLION IN THE LAST FISCAL YEAR OR CURRENT FISCAL YEAR. 8) EMAIL AND ELECTRONIC VIDEO COMMUNICATION (SECTIONS 3.15, 3.16, 4.04 AND 5.02). CONSISTENT WITH UNION'S PAST PRACTICE, THE NPRA CONFIRMS THE USE OF EMAIL FOR NOTICES AND CONFIRMS TRUSTEES' PARTICIPATION IN MEETINGS BY USE OF CONFERENCE CALLS AND ELECTRONIC VIDEO SCREEN COMMUNICATIONS, SUCH AS SKYPE OR GOTOMEETING, SO LONG AS THE TRUSTEES CAN HEAR EACH OTHER AND PARTICIPATE IN THE DISCUSSION. THE AMENDED BY-LAWS SPELL THIS OUT.
FORM 990, PART VI, SECTION B, LINE 11
UNION THEOLOGICAL SEMINARY HAS ITS FORM 990 PREPARED BY AN OUTSIDE ACCOUNTING FIRM AND HAS ESTABLISHED THE FOLLOWING REVIEW PROCESS TO ENSURE THAT THE INFORMATION REPORTED IS COMPLETE AND ACCURATE. WHEN THE FORM 990 HAS BEEN PREPARED, REVIEWED BY MANAGEMENT AND IS READY TO BE FILED WITH THE INTERNAL REVENUE SERVICE, IT IS DISTRIBUTED ELECTRONICALLY TO THE MEMBERS OF THE AUDIT COMMITTEE FOR ANY COMMENTS PRIOR TO ITS SUBMISSION. THE GOVERNING BODY HAS DELEGATED ITS OVERSIGHT ROLE TO THE AUDIT COMMITTEE. ANY COMMENTS MADE BY THE AUDIT COMMITTEE ARE PRESENTED TO MANAGEMENT. EACH ISSUE IS DOCUMENTED AND ADDRESSED UNTIL THE RETURN IS FINALIZED AND APPROVED FOR FILING.
FORM 990, PART VI, SECTION B, LINE 12C
UNION THEOLOGICAL SEMINARY CURRENTLY HAS IN PLACE A CONFLICT OF INTEREST POLICY WHICH IS MONITORED AND ENFORCED ANNUALLY. THE BOARD MANDATES THAT ALL MEMBERS OF THE GOVERNING BODY REVIEW AND SIGN THE CONFLICT OF INTEREST POLICY AT THE FIRST BOARD MEETING OF THE FISCAL YEAR. THE POLICY IS MONITORED BY THE EMPLOYEE'S IMMEDIATE SUPERVISOR IN CONJUNCTION WITH THE DIRECTOR, HR AND IS OVERSEEN BY THE AUDIT COMMITTEE. IF A CONFLICT WERE TO ARISE, IT MUST BE REPORTED TO SUPERVISOR AND VP FINANCE. IF AN OFFICER OR A TRUSTEE HAD A CONFLICT OF INTEREST, THEY WOULD BE EXCUSED FROM PARTICIPATING IN THE VOTE.
FORM 990, PART VI, SECTION B, LINE 15
COMPENSATION FOR THE PRESIDENT AND KEY ADMINISTRATORS AT UNION THEOLOGICAL SEMINARY ARE DETERMINED BY UNION'S PERSONNEL COMMITTEE OF THE BOARD OF TRUSTEES, AFTER REVIEWING GUIDELINES AND COMPARABLE DATA IN THE UTS HUMAN RESOURCES OFFICE. COMPARABLE DATA INCLUDES DATA FROM THE ASSOCIATION OF THEOLOGICAL SCHOOLS AND SURVEY OF NEIGHBORING SCHOOLS. THE DETERMINATIONS AND RESULTS OF THE COMPENSATION PROCESS ARE RECORDED ON THE MINUTES OF THE BOARD MEETINGS. THIS PROCESS WAS LAST UNDERTAKEN IN FY14.
FORM 990, PART VI, SECTION C, LINE 19
UNION THEOLOGICAL SEMINARY MAKES ITS FORM 990 AVAILABLE FOR PUBLIC INSPECTION AS REQUIRED UNDER SECTION 6104 OF THE INTERNAL REVENUE CODE BY POSTING IT ON GUIDESTAR.ORG. IN ADDITION, UNION THEOLOGICAL SEMINARY ALSO MAKES THEIR FINANCIAL STATEMENTS, GOVERNING DOCUMENTS, AND CONFLICT OF INTEREST POLICY AVAILABLE UPON REQUEST AT 3041 BROADWAY, NEW YORK, NY 10027.
FORM 990, PART XI, LINE 9:
CHANGE IN VALUE OF SPLIT-INTEREST AGREEMENTS 103,369. POSTRETIREMENT BENEFIT LIABILITY ADJUSTMENT 5,589.
FORM 990, PART XI, LINE 2C:
UNION THEOLOGICAL SEMINARY HAS AN AUDIT COMMITTEE THAT OVERSEES THE AUDIT OF ITS FINANCIAL STATEMENTS AND SELECTION OF AN INDEPENDENT ACCOUNTANT. THE PROCESS FOR SELECTING AN INDEPENDENT ACCOUNTANT AND ESTABLISHING A COMMITTEE THAT ASSUMES RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT HAS NOT CHANGED FROM PRIOR YEAR.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.