Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| Form 990, Part VI, Section A, line 2 | Steven Zylstra is the Chair of the Board of Trustees of the trust and employed by Arizona Technology Council, the sponsor, a participating employer of the Trust, and service provider of the Trust. |
| Form 990, Part VI, Section A, line 3 | The Trust has contracted with a third-party administrator (Vimly Benefit Solutions, Inc.) to provide bookkeeping and administrative services, and with Arizona Technology Council to provide certain marketing, sales, advisory, administration compliance and monitoring services. |
| Form 990, Part VI, Section A, line 7a | The Trust is designed to be administered by a Board of Trustees consisting of a minimum of three and a maximum of five Trustees. However, the Trustees have the authority to either increase or decrease the size of the Board of Trustees. At all times, at least one the Trustees will be a representative of the AZTC. Effective January 1, 2020, each Trustee, other than the AZTC representative, must be a principal in a participating employer. Candidates for election as Trustee, other than the AZTC representative, may be nominated by the AZTC Board (or a committee of the AZTC Board designated to make such nomination); a majority of the incumbent Trustees; or by written petition submitted to the AZTC and signed by the lesser of 10% of the participating employers, or 10% of participating employers. Trustees, other than the AZTC representative, are elected by a majority of the participating employers. Each Trustee will, prior to becoming a Trustee, acknowledge, in writing, his or her acceptance as a Trustee. In the event of a termination, resignation, death or vacancy of a Trustee, other than the AZTC representative, any new or successor Trustee will be provisionally appointed by the current Trustee(s). In the event there are no current Trustees, such new or successor Trustee(s) will be provisionally appointed by AZTC. Notice of the provisional appointment will be mailed by the appointing party to all participating employers and will become final 30 days after such notice unless, in the meantime, participating employers representing 51 percent of the participating employers have objected, in writing delivered to the current Trustee(s), to the appointment. In the event such an objection is filed, the current Trustees or the AZTC (as the case may be) will conduct a referendum election among all of the participating employers. Each participating employer may submit the name of one nominee and in the referendum, each participating employer will be entitled to one vote. Each vote will be weighted, however, by the number of the participating employer's employees participating in the Trust (as measured by the number of employees reported on the participating employer's reporting form received by the Trust in the month prior to the month of election). The nominee who receives the largest number of votes will be declared the new Trustee. The current Trustees or the AZTC (as the case may be) will have full authority and discretion to conduct the election, including the adoption of any election rules as they deem appropriate. The costs of the election will be paid by the Trust. |
| Form 990, Part VI, Section B, line 11b | The Form 990 was prepared under the guidance of the Board of Trustees by the independent accounting firm SCHOEDEL & SCHOEDEL, Certified Public Accountants, PLLC. Draft copies of the Trust's financial statements and Form 990 were first provided to the Trust's consultants and advisors, who reviewed the Form 990 for accuracy and completeness. Any questions, concerns or issues raised by the consultants and advisors were addressed and any necessary revisions were made to the Form 990. The revised Form 990 was then provided to the Chairman of the Board of Trustees for review and approval. Any additional questions, concerns or issues raised by the Chairman were addressed and any necessary revisions were made to the Form 990. The final version of the Form 990 was reviewed and approved for filing by the Chairman. The final version of the Form 990 was made available to the Board of Trustees prior to filing. |
| Form 990, Part VI, Section B, line 12c | All proposed relationships and contracts with service providers, as well as all proposed investments that would be made by the Trust, are provided to and reviewed by, Trust legal counsel for compliance with the prohibited transaction provisions of ERISA. Additionally, each party-in-interest (fiduciary or service provider) has an ongoing duty to disclose all material facts to the Board of Trustees about any actual or potential conflicts of interest as soon as such facts become known or should have been known. Upon receipt of information, the Board of Trustees will investigate. The investigation will include a review of all applicable facts and documents, the specific provisions of ERISA alleged to have been violated, and any applicable exemptions from prohibited transactions. If, after investigation, a transaction prohibited under ERISA has been identified, the Board of Trustees will take appropriate corrective action, which may include reporting to an applicable federal agency. All material facts, actions taken in the investigation and corrections will be documented. Such documentation will include the names of all parties involved, a description of the prohibited transaction, and a description of any corrections. |
| Form 990, Part VI, Section B, line 15 | The compensation of the president/chief executive officer of the Arizona Technology Council (AZTC) is determined by the Executive Committee of the AZTC Board of Directors, which serves as the Compensation Committee. |
| Form 990, Part VI, Section C, line 19 | The Trust's governing documents, financial statements and Form 990 are available to the general public upon written request sent to Vimly Benefit Solutions, Inc. at: P.O. Box 6, Mukilteo, WA 98275. |
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