Policies and Procedures

I. ENDOWMENT POLICY

The Foundation will always follow generally accepted accounting principles and any and all legal requirements in its endowment management. Whenever there is a question about the endowment policies of the Foundation, it should be resolved in a donor-centric manner.

The Board of Directors of the Foundation, upon the recommendation of the appropriate committees, review and approve the policies and procedures governing endowment gifts. All endowed funds established through the Foundation will remain the property of the Foundation and invested under the approved investment policy of the Foundation Board.

Funds must only be held and invested under the Board of Director’s approved investment policies. No unit of the University is free to establish their own endowment fund outside of the Foundation. Donors should be advised that the Foundation will not manage or invest endowed funds for the benefit of external entities without the express approval of the Executive Committee of the Foundation.

On the rare occasion that a special exception must be made to any endowment policy, the Executive Director will recommend and communicate the exception to the appropriate Board committee for approval.

Single Donor Cash/Pledge Commitments
In order for an endowment account to be opened by a single or lead donor, the Foundation must receive a signed Memorandum of Understanding (MOU) and either a gift of cash or marketable securities equal to or greater than the required threshold amount for that type of endowment; or the first payment of a multi-year pledge. Multi-year pledge arrangements may not exceed a maximum period of five years. Under special circumstances, the Executive Director of the Foundation may make exceptions to the maximum time period required for multi-year pledge arrangements.

The name of an endowment will be included in the MOU and put on the account at the time the account is opened.

Multi-Donor Cash/Pledge Commitments
Often a fund-raising initiative is launched to establish an endowment in honor or memory of an individual. In such cases, an MOU must be prepared that indicates the primary purpose of the endowment and the period of time in which funds must be secured to become an endowment. In general, the acceptable period of time should be 12 months. The MOU may be signed by a donor or an appropriate University staff person.

All fund-raising materials must be written to include the primary purpose of the endowment and the ultimate allocation of the funds if the thresholds are not achieved. Approval to begin the fund-raising efforts must be granted by the Vice President for University Development.

The endowment account may be opened once contributions of cash or marketable securities reach the required threshold for that type of endowment (see approved levels in Recognition of Gifts section). Until such time, the funds will be held in the Undesignated Major Gifts account (which is a suspense holding account). If the cash received does not reach the threshold within the specified time period, a Program Fund will be opened and the funds will be expended in accordance with the alternative allocation of funds stated in the MOU.

Whenever funds are transferred from the Undesignated Major Gifts account to a newly-established fund the Foundation must advise the Office of Development Data Entry to make an adjustment on the appropriate gift transactions to move them from Undesignated Major Gifts to the new account.

The name of an endowment will be included in the MOU and put on the account at the time the account is opened. The Executive Director of the Foundation may make exceptions to the required funding level for naming the endowment, or extend the time required for cash contributions to reach the required threshold.

Single Donor Irrevocable Planned Gift
An endowment may be named for an individual if a planned gift is given irrevocably to the University at Albany Foundation and the present value of the assets is at least 100% of the required threshold. The account will be opened when the planned gift matures and the assets are transferred to the Foundation’s endowment fund even if the amount transferred is less than the required minimum at the time the fund is established. An MOU must be prepared as if for a single donor gift.

II. DISTRIBUTIONS FOR SPENDING

Once an endowment account is opened, no spending distributions may be made from the endowment until the end of the following fiscal year, however, investment performance will be credited to the endowment account. Investment performance will be credited based on actual investment return for that fiscal year minus any fees. Distributions are only posted annually.

Investment performance will be credited to an endowment, but distributions cannot be spent until 100% of the required threshold for that type of endowment fund is achieved with gifts or pledge payments.

Once an allocation is posted to a Program Fund account, the Fund Manager has until the end of that fiscal year to spend it. To the extent allowed by the MOU, any unexpended distributions will be automatically returned to the endowment principal by the Foundation. A Fund Manager may request an exception to this policy if the Fund Manager plans to use the posted amount in a later year. Such requests should be directed to the Executive Director.

III. RECLASSIFICATION OF ENDOWMENTS

If a fund does not reach 100% of the required threshold after five years, it may be re-categorized in accordance with the required thresholds and in consultation with the donor (if possible). See Endowment Gift Thresholds in Recognition Opportunities.

IV. ENDOWMENTS & OTHER TYPES OF GIFTS

Endowment accounts cannot be opened or named for unrealized bequests, revocable trusts or unrealized life insurance policy gifts. In the case of gifts of stock, real estate or other tangible assets, the University at Albany Foundation must sell the assets prior to establishing the endowment. Under extraordinary circumstances, the Board of Directors may, in their discretion, decide to hold tangible assets and use other liquid resources to fund an endowment. Thresholds must be fulfilled at the resulting net proceeds to the University at Albany Foundation and not at gift value.

Gifts of intangible assets (such as patents, copyrights and trademarks) or illiquid tangible personal property (artwork, books, recordings) pursuant to a gift restriction or those that cannot be sold may not be used to fund an endowment unless they produce liquid financial assets greater than or equal to the threshold.

For gift types that do not fall within these categories, please contact the Executive Director.

Supplemental Gift Agreements
The donor may make a separate pledge to fund a Program Fund account to be used for the same purpose as the endowment distribution. In these cases, spending for the donor’s stated purpose can commence prior to the endowment being fully funded, but only to the extent of any cash available as a result of the donor’s separate contribution. Spending is prohibited unless the pledge payments are received.

V. STEWARDSHIP & ENDOWMENT REPORTING

Donors will receive annual reports about the status, performance, and use of their endowment fund.

The Office of Donor Relations is responsible for working with Foundation personnel to track when endowment gifts reach the threshold. The Foundation then takes the following actions:

1)       opens account,
2)       names account, and
3)       distributes funds to Program Fund.

In addition, Donor Relations is responsible for notifying the Foundation when the five-year pledge payment period has expired, along with the decision to reclassify or deactivate the account. Donor Relations tracks all gifts in the suspense account and groups them according to like restrictions.

Action	Single or Lead Donor	Multiple Donor	Single Donor Irrevocable Planned Gift
Open Account	Signed MOU, plus cash or marketable security of at least required threshold amount for the type of endowment or first pledge payment of multi-year pledge.	Signed MOU, upon receipt of cash or marketable securities totaling 100% of required threshold for type of endowment.	Signed MOU, when planned gift matures.
Name Account	In MOU, at time account is opened.	In MOU, at time account is opened.	In MOU, at time gift is made if face value of gift is 100% or more of required threshold for type of endowment.
First distributions made	At the end of the fiscal year following the fiscal year in which the account is opened.	At the end of the fiscal year following the fiscal year in which the account is opened.	At the end of the fiscal year following the fiscal year in which the account is opened.
Distributions Spent	After receipt of cash or marketable securities equal to 100% of required threshold for type of endowment.	After receipt of cash or marketable securities equal to 100% of required threshold for type of endowment.	After receipt of cash or marketable securities equal to 100% of required threshold for type of endowment.
Reallocate to Program Fund account or Deactivate	If the threshold is not met after 5 years, the endowment may be reclassified to an appropriate level and/or spent down.	As stated in MOU, if the threshold is not met after 1 year.	Does not apply.

Special Exceptions
In extraordinary circumstances the Executive Director may, in his/her discretion, waive the threshold amount or require a different amount to establish an endowment fund.

Procedures for Memoranda of Understanding (MOU)

1) As part of the cultivation process or pre-solicitation visit, the development officer, University staff person, or volunteer should discuss endowment policies with prospects, including required minimum thresholds for various types of endowments, approved gift recognition levels, holding periods, and distribution policies, so the prospect is well informed prior to being solicited. In cases where a prospect asks about policies, the development officer, University staff person, or volunteer should respond with similar information. After discussion, prospects may also be directed to the web site, where they can find a written copy of the Foundation’s policies, or sent a copy of the written policies.

2) Based on the pre-solicitation information or upon questions from a prospect, the prospect manager asks the Office of Donor Relations to prepare a draft MOU using approved templates. The draft MOU must be forwarded via e-mail to the proposed Fund Manager and the Executive Director of the Foundation (or his/her designee). Once the Fund Manager and the Executive Director of the Foundation approves the draft it can be presented to the prospect.

3)       The development officer, University staff person, or volunteer presents the approved draft MOU to the prospect for review and discussion. This review should include confirming the following:
          a)       proposed name of the endowment,
          b)       required minimum threshold amounts,
          c)       the details relative to any multi-year pledge arrangements,
          d)       limitations or restrictions relating to gift recognition (i.e., need to get approval
                   from the University Council or SUNY),
          e)       when the account would be expected to be established and when the first
                  distribution might be made,
          f)         process for selection of recipient(s),
          g)       current distribution policies and the fact that distribution policies may change
                  over time and experience with the Foundation’s portfolio.

4) If the prospect requests significant changes to the draft MOU, the development officer, University staff person, or volunteer must bring the donor’s requested changes to the Office of Donor Relations to change the draft MOU. The Office of Donor Relations will secure new approvals from the proposed Fund Manager and Vice President.

5) If the prospect agrees to the proposed draft MOU or requests minor changes, the development officer, University staff person, or volunteer should advise the Office of Donor Relations. The Office of Donor Relations will make any minor changes and print two final original copies for signature.

6) The development officer, University staff person, or volunteer presents the two final original copies of the MOU to the donor for signature. Once signed by the donor, the signed copies are then forwarded to the Vice President of Development, the Executive Director of the Foundation and the Fund Manager for their final approval and signatures.

7) Once all involved parties have signed the MOU, the prospect manager will return one completely signed original copy to the donor for their records. The second completely signed original copy will be filed with the Foundation. In addition, the Vice President or his/her designee will provide copies to the Fund Manager, Dean or other academic unit head, Provost, and President. The Office of Donor Relations will ensure that a copy of the signed MOU is placed in the donor’s research file.

Procedures for Fund-Raising Materials
Charitable gifts and pledges to support the University at Albanyor its units will be received and managed by the University at Albany Foundation.

All fund-raising efforts and related materials for any charitable activity undertaken to support the University at Albany or one of its units must be approved by the Vice President of Development or his/her designee prior to undertaking the fund-raising activity. Fund-raising materials will often be prepared by the Office of Development Communications in consultation with the appropriate University staff and volunteers. The Office of Development Communication will work with the academic unit and the Foundation to ensure that the materials are accurate and cover all pertinent information.

In cases where the Office of Development Communications does not prepare materials, copies of proposed fund-raising materials must be approved by Development Communications and the University at Albany Foundation prior to being printed. Units within the University should provide a copy of their plans to the University at Albany Foundation as soon as the request is made to the Vice President.

Endowments above their historic dollar value
A spending formula governs the portion of total return made available each year for use by endowment accounts with the objective of maintaining purchasing power relative to inflation. Under current policy, 4% of the twelve quarter average market value of the principal is calculated and transferred to the spending account for each endowment. (Market value of an endowment account is equal to the endowment account’s opening balance, increased or decreased by the annual portfolio appreciation or depreciation, less the annual management fee and less the spending account transfer). (Effective 7/1/2005)

Endowments below their historic dollar value
For endowments that are below their historic dollar value (“underwater”), only realized earnings, i.e. interest and dividends, are available for spending in accordance with the terms of the New York State Uniform Management of Institutional Funds Act (UMIFA).