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© 2014 Grant Thornton LLP. All rights reserved. Hot Topics Hot Topics Compensation and Benefits for Not-for-Profit Entities Incentive Compensation Regulatory and Reporting Considerations

Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Page 1: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

© 2014 Grant Thornton LLP. All rights reserved.

Hot Topics Hot Topics

Compensation and Benefits for

Not-for-Profit Entities

IncentiveCompensation

Regulatory and Reporting Considerations

Page 2: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

© Grant Thornton LLP. All rights reserved.

Hot topics in compensation and benefits

Replay the Hot Topics in Compensation and Benefits for Not-for-Profit Entities webcast for a focus on latest developments and pressing concerns.

Read The Grant Thornton 2014 Nonprofit Compensation Survey, for up-to-date, critical compensation and benefits data, trends and insights to assist in your planning.

Find webcast and survey info at www.grantthornton.com/comp-benefitssvy2014

Page 3: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Incentive compensation question on Form 990, Schedule JDid the organization provide incentive compensation:

– Based on the revenues or net earnings of the organization and any related organization?

Did the organization provide any other type of non-fixed compensation?

Column (B)(iii) – Bonus and incentive compensation amount

Page 4: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Incentive compensation issuesAddressed in prior proposed regulationsNot included in final regulations

Inurement concernsExcess benefit transaction can occur even if amount is reasonable

‒ Occurs if disqualified person can receive additional compensation without providing proportional benefits that contribute to the organization's accomplishment of its exempt purpose

Page 5: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Acceptable incentive compensation in prior proposed regulationsPortfolio manager receives a bonus equal to percentage of increase in portfolio value

Faculty member receives a percentage of royalties received by university for his/her invention

Examples

Learn more about compensation incentives from

our NFP leaders.

Page 6: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

© 2014 Grant Thornton LLP. All rights reserved.

Grant Thornton perspectives on governance

New era in executive compensation

Page 7: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Florida Senate committee approved a measure to cap executive salaries at slightly less than $130,000 a year if a charity received more than 2/3 of its budget from the state

New Hampshire attorney general publically criticizes high salaries earned by hospital executives and has meetings scheduled to “encourage a new approach to compensation”

Illinois announces plans to introduce a measure that would make it easier to spot high salaries for leaders of charities who earn most of their income from for-profit subsidiaries

Examples

Page 8: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Don't limit the governance for compensation decision-makingC-suite, key employees, disqualified persons, critical employees, etc.

Page 9: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Adopt formal compensation decision-making processesCompensation philosophy, incentive plan designs, “intermediate sanctions” expectations

Page 10: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Knowledge based decision-makingDirector training, board communication and integration, comparable market data, comparable market development

Page 11: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Getting to root causes of unique issues and challenges

Intended UnintendedIncreased transparency for stakeholders Heightened competition for executive talent

Mine-able regulatory compliance data Internal retention issues for key leadership positions

Increased data on governance practicesIncreased demand for new compensation designs

Expose perceived misuse of IRC provisions Increase fixed costs of employment

Ties to W-2 Box 5

As “accrued” or “earned” and includes actuarial increases in DB plan

Is this an “apples to apples” comparison

across different organizations?

Everyone ok with that?

Name Title BaseSalary Bonus Other

CompensationDeferred

CompensationNon-taxable

benefitsTotal

CompensationPreviously reported

CEO

"Key EeTitle"

Compensation reporting…more information for more people

Page 12: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

© 2014 Grant Thornton LLP. All rights reserved.

Compensation governance

Best practices, trends and insights

Learn more about compensation governance for NFP leaders

Page 13: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Meet with all key employees and report that you meet the requirements

Know who is a “disqualified person”Understand your comparable market data (survey, peer group, etc.)

Rebuttable presumption of reasonableness

Page 14: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

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Consider an HR committee with broader responsibility for benefit program requirements:

– Robust conflict of interest policy for all members of the compensation committee

– A formal compensation committee charter– A formal compensation philosophy – Ask questions

Independent compensation committee

Page 15: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

© Grant Thornton LLP. All rights reserved.

Ken CameronDirectorCompensation and Benefits Consulting practiceNational Not-for-Profit & Higher Education CBC Co-Practice [email protected]

Eddie AdkinsPartnerWashington National Tax [email protected]

Mike MonahanAssistant Managing Principal, New York/New England TerritoryCBC and PWS Tax Practices – Principal-in-ChargeNational Not-for-Profit & Higher Education CBC Co-Practice [email protected]

Contact Information Learn more from our

NFP leaders

Page 16: Incentive compensation – Comp & Benefits for Not-for-Profit Entities

© Grant Thornton LLP. All rights reserved.

Interested in learning more?

Play back the Hot Topics in Compensation and Benefits for Not-for-Profit Entities webcast

Read The Grant Thornton 2014 Nonprofit Compensation Survey executive summarywww.grantthornton.com/comp-benefitssvy2014

Visit www.grantthornton.com/nfp for further information and thought leadership