COMPENSATION & BENEFITS WORKSHOP: Best Practices for Setting Nonprofit Compensation Maryland Community Action Partnership: 2015 Human Services Conference Ellicott City, MD May 14, 2015 Agenda The Challenges of Compensation Keys to a Successful Compensation Review Compensation Review Process Defining the External Market Setting Compensation Employment Contracts Final Considerations 1 The Challenges of Compensation Lack of reliable information Too much anecdotal information Not enough “comparable” organizations Difficult to decipher publically available information 2 The Challenges of Compensation Optics and public scrutiny Diverse group of stakeholders Everyone has a personal opinion about compensation Pressure on board members Greater transparency 3 Keys to a Positive Compensation Review Understand your stakeholders Understand your marketplace Understand your immediate audience Include all appropriate stakeholders Educate yourself and your board 4 Setting Nonprofit Compensation Specific Steps Follow a sound process and include appropriate stakeholders Define and research the external market Design a straightforward compensation plan ● Internal compensation factors (targeting compensation levels within boundaries) ● Basic elements to consider ● Retirement and deferred compensation ● Benefits to be cautious with Trends & other considerations 5 Governance Process & Structures Who’s involved in setting compensation levels? Setting Executive Compensation: Executive committee or compensation committee CEO/Executive Director Independent third party compensation expert Internal staff liaison Setting Staff Compensation: CEO/Executive Director Executive committee or compensation committee (review and approval, only) – merit increase budget Staff engagement 6 Process: Board Representation Executive or Compensation Committee (for CEO/Exec. Director) Committee of 3 to 5 independent board members is ideal Committee should reflect the diverse backgrounds, opinions, and views of the board (regarding the organization and CEO/Exec. Director) Ensure no conflict of interest (especially in related party situations) The compensation committee can often be the executive committee Role and Responsibility: Determine the organization’s approach to compensation or “compensation philosophy” Agree on the relevant marketplace For staff below the CEO/Exec. Director, the committee should review and approve compensation levels (and incentive awards) based on CEO/Exec. Director’s recommendations 7 Process: Executive Input Chief executive on his/her own compensation Involve at the beginning of the process to create buy-in ● Market selection criteria ● Helps board understand what is important to the executive (not dispositive, but their views should be considered) o Balance of base vs. other benefits o Retirement needs Chief executive on staff compensation Shares sufficient information to ensure board meets oversight responsibility 8 Process: Independent third party expert Familiar with navigating the process Familiar with the structure of your organization and related entities Understands the various sectors within the nonprofit universe Experience helping you to define the market in multiple ways Access to current and relevant market data Well versed in IRS regulations on not-for-profit executive compensation Independent and objective 9 Process: Internal Staff Liaison Where appropriate, an internal staff liaison can: Coordinate the review process Provide information to the various parties (committees, consultant, etc.) Confirm documentation and compliance with internal procedural requirements (organization by-laws) and external procedural requirements (IRS intermediate sanctions safe harbor) Manage scheduling and timelines Liaison is often the organization’s CFO, top administrative position, or head of HR The individual has to be capable and organized – a dependable project manager 10 Defining the External Market: Watchdogs and Stakeholders IRS Staff below the CEO/Exec. Director Donors The Baltimore Sun Test (Media, Public, etc.) 11 Defining the External Market: Factors the IRS Prefers Size of the organization Annual revenues and annual operating budget Staff size (how much management responsibility does the exec have)? Real estate / assets Scope of the organization City County Region State Multi-state Geographic Area (urban, rural, suburban, etc.) 12 Defining the External Market: Other Factors to Consider Organization structure Revenue sources (individual donations, grants, government, etc.) Pass-through entities Identify organizations other than CAAs that are comparable in management responsibility, program areas, etc. Community health and rehabilitation centers Employment and workforce development organizations Community foundations Shelters and homelessness organizations Youth organizations Local affiliates (e.g., Goodwill, Easter Seals, Salvation Army) 13 Defining the External Market: Recruitment & Labor Markets Understand the qualities and competencies that are critical for the role Does the CEO/Exec. Director of a CAA need to have previous nonprofit experience? Government experience? Would he/she be recruited locally or from a broader marketplace? Recognize that different peer groups may be used for different levels or positions within an organization CEO/Exec. Directors typically have a more specific marketplace than lower level staff positions. The broader marketplace may be more relevant for staff positions in administration/operations. 14 Defining the External Market: Market Data Data sources Form 990 - readily available but dated and difficult to decipher Third party publicly available compensation surveys – tend to be generic with broad groupings of data Private or restricted surveys – often limited to just base salary or total cash compensation Specially commissioned surveys – expensive and administratively burdensome IRS strongly prefers specific comparators rather than survey data Broad surveys often provide an inadequate blend of IRS’s key factors (size, scope, and geographic area) Surveys often do not address total remuneration, which the IRS looks at for purposes of determining reasonableness 15 Defining the External Market: Market Data Using compensation surveys Compensation surveys can include a wide range of organizations It is important to have “cuts” of the survey data that group the participants by factors including: ● Staff size ● Budget size ● Location Different cuts of the survey data can be useful for different positions 16 Defining the External Market: Market Data Using compensation surveys n Total Survey Total Survey By Staff Size 0-10 Staff 11-50 Staff 51-150 Staff 151+ Staff By Budget Size $0-$500,000 $501,000 - $5M $5.1M - $15M $15.1M+ By Location Washington, D.C. D.C. Metro Area Other Maryland Director, Finance 25th %ile Median 75th %ile n Director, Human Resources 25th %ile Median 75th %ile n Administrative Assistant 25th %ile Median 75th %ile 60 $68,200 $90,000 $111,400 54 $51,200 $68,900 $84,100 78 $28,900 $38,400 $51,300 16 11 22 11 $66,800 $73,000 $70,100 $85,100 $83,500 $91,200 $87,600 $106,400 $100,200 $109,400 $105,100 $127,700 8 18 22 6 $42,900 $48,300 $59,200 $75,200 $49,000 $60,400 $74,000 $94,000 $58,800 $72,500 $88,800 $112,800 14 26 28 10 $42,900 $30,000 $27,900 $35,700 $41,600 $37,500 $40,000 $44,600 $49,900 $53,200 $48,000 $53,500 10 22 18 10 $54,800 $69,800 $76,800 $92,800 $68,500 $87,200 $96,000 $116,000 $82,200 $104,600 $115,200 $139,200 10 22 18 4 $42,900 $54,100 $55,200 $61,000 $58,000 $67,600 $69,000 $76,200 $69,600 $81,100 $82,800 $91,400 10 22 18 28 $42,900 $29,000 $35,300 $30,400 $42,100 $36,200 $44,100 $38,000 $50,500 $53,200 $52,900 $45,600 16 34 10 $75,200 $64,000 $68,500 $94,000 $91,500 $85,600 $112,800 $109,800 $102,700 12 34 8 $55,400 $57,000 $46,200 $69,200 $71,300 $62,000 $83,000 $85,600 $74,400 25 34 19 $37,000 $32,600 $29,100 $46,200 $40,800 $36,400 $53,200 $49,000 $43,700 17 Defining the External Market: Use Care Narrow search to organizations most like yours Match executive jobs carefully based on job responsibilities, not just job title Identify total remuneration (including benefits) where possible 18 Setting Compensation: How much do you pay? External market information provides boundaries Organization’s compensation philosophy should frame the decision of how to pay within the market boundaries Conduct a market analysis prior to developing a compensation philosophy Where to target compensation (e.g., market median vs. market 75th percentile) should take into account: History of performance Experience/tenure Other unique qualifications The market median is not always the answer 19 Setting Compensation: Plan Design Keep it simple The overall compensation plan should be easy to understand for new board members, donors, the media, and the public A more straightforward plan has lower administrative costs Start from the “target” total remuneration amount and back out various compensation elements (benefits, retirement, perquisites, etc.) to arrive at a salary 20 Setting Compensation: Elements to consider Base salary, and annual salary adjustments Clearly state in employment contract or other documentation how annual salary increases will be determined Guaranteed annual step increases for CEO/Exec. Directors are becoming rare Specify that annual salary decisions will be subject to the discretion of the board based on market movement and individual performance Incentive compensation Rare among CAAs but a growing trend among other nonprofits Specify the “target” and “maximum” incentive opportunity ● Helpful to future committee members ● IRS views this as best practice Specify the goal setting and performance review process in advance 21 Setting Compensation: Elements to consider Retirement Anticipate the future needs of both the executive and the organization Retirement planning can be a significant issue if not addressed up front ● Historical, or “look-back,” compensation analyses have become disfavored – therefore, it is difficult to provide “make-up” payments for prior service Deferred compensation More common among trade associations and professional societies Deferred compensation plans accrue over time and encourage retention Given the limits as to what is considered “reasonable” compensation, retirement and deferred compensation accruals often take several years to accumulate adequate retirement savings 22 Setting Compensation: Other CEO benefits Other benefits: Employment contract (33% of Health & Welfare organizations in PRM Benefits Survey) Professional association (26%) Supplemental life insurance (21%) Parking (19%) Supplemental disability insurance (18%) Car allowance (18%) 23 Employment Contracts Contracts are becoming more common among nonprofit employers Formal contracts provide security to both the executive and the organization Typical length is 3 to 5 years for both the initial term and contract extension. Tip: Be careful with “evergreen” provisions. 24 Final Considerations Educate new board members on the compensation plan/philosophy Consider 990 reporting requirements and how compensation will be reported Create formal employment agreements with CEO/Exec. Directors 25 Questions 26 Contact Us Quatt Associates (202) 342-1000 James Wynn jwynn@quatt.com Stephen Buchanan sbuchanan@quatt.com 27