Attach to Form 990 or 990-EZ.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at| Return Reference | Explanation |
|---|---|
| FORM 990, PART VI, SECTION A, LINE 3 | THE TRUST'S MANAGEMENT DUTIES, INCLUDING ACCOUNTING FUNCTIONS, ARE PROVIDED BY A THIRD PARTY ADMINISTRATOR. |
| FORM 990, PART VI, SECTION A, LINE 7A | THERE ARE FIVE TRUSTEES, THREE OF WHOM ARE ELECTED BY THE MEMBERS OF THE FONTANA POLICE OFFICERS' ASSOCIATION ("FPOA"), ONE OF WHOM IS APPOINTED BY THE BOARD OF DIRECTORS OF THE FPOA, AND ONE OF WHOM IS ELECTED BY THE MEMBERS OF THE FONTANA POLICE MANAGEMENT ASSOCIATION. IN THE EVENT OF EARLY TERMINATION OF APPOINTMENT, RESIGNATION, OR DEATH OF A TRUSTEE, THE BOARD OF DIRECTORS OF THE FPOA SHALL APPOINT A SUCCESSOR TRUSTEE FOR THE REMAINDER OF THAT TERM. THE APPOINTMENT OF A TRUSTEE MAY BE TERMINATED, AT ANY TIME, BY THE ENTITY WHICH ORIGINALLY MADE THE APPOINTMENT, ACCORDING TO SUCH ENTITY'S INTERNAL RULES, PROCEDURES, OR PRACTICES. |
| FORM 990, PART VI, SECTION A, LINE 8B | THERE ARE NO COMMITTEES. |
| FORM 990, PART VI, SECTION B, LINE 11 | THE FORM 990 IS PROVIDED TO THE ADMINISTRATOR AND BOARD OF TRUSTEES FOR REVIEW PRIOR TO FILING, WITH GUIDANCE FROM THE AUDITOR. |
| FORM 990, PART VI, SECTION B, LINE 12C | THE TRUST AND THE BOARD OF TRUSTEES MONITORS AND ENFORCES COMPLIANCE WITH THE CONFLICT OF INTEREST POLICY BY REQUIRING THE TRUSTEES TO COMPLETE AND SIGN A QUESTIONNAIRE, DISCLOSING ANY CONFLICTS OF INTEREST, AND REQUIRING THEM TO UPDATE THEIR ANSWERS ANNUALLY. |
| FORM 990, PART VI, SECTION B, LINE 15 | THE ORGANIZATION, WHICH IS AN ERISA-REGULATED EMPLOYEE BENEFIT FUND, IS GOVERNED BY AN UNCOMPENSATED BOARD OF TRUSTEES AND HAS NO OFFICERS OR EMPLOYEES. THE DAY-TO-DAY MANAGEMENT, ADMINISTRATION AND OPERATION OF THIS FUND IS PROVIDED BY A THIRD-PARTY ADMINISTRATOR. |
| FORM 990, PART VI, SECTION C, LINE 19 | THE ORGANIZATION COMPLIES WITH ALL REQUIREMENTS UNDER FEDERAL LAW, INCLUDING THE TAX CODE AND THE EMPLOYEE RETIREMENT INCOME SECURITY ACT. IT MAKES ITS GOVERNING DOCUMENTS, POLICIES, AND FINANCIAL STATEMENTS AVAILABLE TO ALL PARTICIPANTS IN ITS BENEFIT PLAN UPON REQUEST. THE GENERAL PUBLIC HAS ACCESS TO MANY OF THESE DOCUMENTS THROUGH ANNUAL GOVERNMENT FILINGS MADE BY THE TRUST. |
| FORM 990, PART VI, SECTION B, LINE 13 | THE TRUST IS GOVERNED BY SECTION 510 OF ERISA, WHICH PROVIDES WHISTLEBLOWER PROTECTIONS, AND WHICH IS INCORPORATED INTO ARTICLE VI, SECTION 18 OF THE TRUST AGREEMENT. |
| FORM 990, PART VII, SECTION A, LINE 1A | THE TRUST DOES NOT HAVE INFORMATION REGARDING THE COMPENSATION RECEIVED BY THE TRUSTEES FROM THE EMPLOYER, THE CITY OF FONTANA. THE TRUST HAS REPEATEDLY REQUESTED THIS INFORMATION FROM THE CITY OF FONTANA FOR PREPARATION OF THE FORM 990. HOWEVER, THE CITY OF FONTANA HAS NOT PROVIDED THE NECESSARY INFORMATION TO MAKE A FULL REPORT OF THE COMPENSATION AND BENEFITS PAID TO TRUSTEES FOR THE 2015 TAX YEAR. THE MEMBERS OF THE BOARD OF TRUSTEES ARE PAID CITY POLICE OFFICERS. THEY ARE EMPLOYED BY THE CITY OF FONTANA AND RECEIVE ALL THEIR COMPENSATION SOLELY CONNECTED TO THEIR DUTIES AS CITY EMPLOYEES. DUE TO THE PUBLIC NATURE OF THE TRUSTEES' EMPLOYMENT, THE IRS MAY BE ABLE TO OBTAIN THIS INFORMATION FROM OTHER SOURCES. IN THEIR ROLE AS TRUSTEES, THEY ARE FIDUCIARIES AND SUBJECT TO LEGAL PROHIBITIONS AGAINST SELF-DEALING. THEY SERVE ON A VOLUNTEER BASIS AS TRUST FIDUCIARIES;THEY DO NOT RECEIVE ANY ADDITIONAL COMPENSATION FROM THE CITY OF FONTANA OR ANY OTHER PARTY FOR THEIR SERVICES ON THE BOARD OF TRUSTEES. FURTHER, THE TRUST HAS A CONFLICT OF INTEREST POLICY, WHICH REQUIRES TRUSTEES TO DISCLOSE ANY FINANCIAL ARRANGEMENTS THAT WOULD CREATE A CONFLICT OF INTEREST. SECTION 7(A) OF THE CONFLICT OF INTEREST POLICY OF THE TRUST, EFFECTIVE JULY 1, 2009, AND AS AMENDED THEREAFTER, STATES THE FOLLOWING: "A TRUSTEE SHALL HAVE A DUTY TO DISCLOSE TO THE BOARD ANY CONFLICT OF INTEREST AS SOON AS IT IS DISCOVERED BY THE TRUSTEE. IN PARTICULAR, THE TRUSTEE SHALL DISCLOSE A CONFLICT OF INTEREST PRIOR TO ANY BOARD OR COMMITTEE DECISION ON THE MATTER RELATED TO THE CONFLICT OF INTEREST." THE POLICY ALSO REQUIRES DISCLOSURE IN WRITTEN FORM OF "ANY ENTITIES IN WHICH YOU, OR A RELATIVE, PRESENTLY HAVE A DIRECT OR INDIRECT PAYMENT ARRANGEMENT THAT MAY PRESENT A CONFLICT OF INTEREST WITH THE TRUST. NOTE ALSO THAT THE DISCLOSURE OF COMPENSATION REQUESTED ON THE FORM 990 WOULD CAUSE ADDITIONAL ADMINISTRATIVE BURDEN BY REQUIRING THE TRUST TO COLLECT THIS INFORMATION ANNUALLY, SINCE THE TRUSTEES' COMPENSATION AS CITY EMPLOYEES VARIES FROM YEAR TO YEAR, AND FROM TRUSTEE TO TRUSTEE. PLEASE CONTACT THE TRUST OFFICE IF YOU WOULD LIKE FURTHER INFORMATION, AND/OR WOULD LIKE TO DISCUSS THIS FURTHER. THE TRUSTEES WANT TO BE COOPERATIVE WITH THE IRS, BUT PROVIDING THIS COMPENSATION INFORMATION IS PROBLEMATIC FOR THE REASONS STATED ABOVE. |
| FORM 990, PART XII, LINE 2C: | THE TRUST DOES NOT HAVE A SEPARATE AUDIT COMMITTEE. HOWEVER, THE BOARD OF TRUSTEES HAS RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT AND THE SELECTION OF INDEPENDENT ACCOUNTANTS. |
| FORM 990, PART VI, SECTION B, LINE 12A | THE BOARD OF TRUSTEES ARE FIDUCIARIES WHO ARE OBLIGATED TO COMPLY WITH THE EMPLOYEE RETIREMENT SECURITY ACT OF 1974, MANDATORY AND DETAILED STATUTORY, REGULATORY, AND FEDERAL COMMON LAW ADDRESSING THEIR DUTY AS FIDUCIARIES TO IDENTIFY, AVOID AND DISCLOSE CONFLICTS OF INTEREST, AS WELL AS PROHIBITED TRANSACTIONS. AS REQUIRED UNDER ERISA, THE TRUSTEES EVALUATE AND MONITOR POTENTIAL CONFLICTS IN THEIR RETENTION OF AND DEALINGS WITH SERVICE PROVIDERS AND OTHER PARTIES IN INTEREST AND AS CIRCUMSTANCES WARRANT. TRUSTEES ARE EXPECTED TO RECUSE THEMSELVES FROM DELIBERATIONS WHEN AN UNAVOIDABLE CONFLICT EXISTS. TRUSTEES ARE REQUIRED TO COMPLETE AND SIGN A QUESTIONNAIRE, DISCLOSING ANY CONFLICTS OF INTEREST AND ARE REQUIRED TO UPDATE THESE ANSWERS ANNUALLY. |
| Software ID: | |
| Software Version: |