Florida Keys Electric Cooperative Association Inc

“The cooperative was formed by the members to provide electric service at cost on a cooperative basis.”

“The members of the cooperative vote on the board of directors. Elections are done on a one member vote basis by district.”

“The following acts require approval of the members of the cooperative: 1 - dissolution/liquidation of the cooperative. 2 - merger or consolidation of the cooperative with another organization. 3 - the disposal of a substantial portion of the cooperative's assets.”

“From time to time the entire board will go into executive session for discussing items of a sensitive and confidential nature. When this occurs management and others in attendance are removed from the meeting room. Items discussed in executive session are not documented. However, actions taken by the board after executive sessions are adjourned are fully documented in the written minutes.”

“Management presented a copy of the form 990 to the board for discussion, review and acceptance prior to filing. The discussion and review was performed at the board meeting immediately before filing the form 990.”

“The cooperative regularly reviews business relationships with board members and employees to determine if all business relationships are in proper compliance with the conflict of interest policy. Directors and employees are obligated to disclose to the board president, ceo and the board attorney any potential conflict of interest involving themselves, a peer, or a family member.”

“The ceo's performance and salary are reviewed by the human resources committee which is comprised of three board members. The human resources committee brings a recommendation for the ceo's salary adjustment and incentives to the entire board for approval.”

“The cooperative provides a summary of the audited balance sheet and income statement on its website and annually publishes this summary in the florida currents magazine, which each member receives monthly. The cooperative will provide a complete copy of the audited financial statements, conflicts of interest policy, or governing documents to any member who requests a copy.”

“In order to provide retirement benefits to its employees, the cooperative has established a defined contribution plan under section 401(k) of the internal revenue code. As part of the plan document, the cooperative provides a matching contribution up to 4% of a participating employee's base salary. Additionally, the cooperative participates in a multi-employer defined benefit plan. Contributions to this plan are based on the full funding limitation of such plan. Employer contributions for both plans are available to participating employees, including officers and key employees, meeting the eligibility requirements of such plans. The cooperative also provides health, dental, vision and life insurance to all employees, including officers and key employees, through a qualified plan. The amounts reported on part vii, column f for the officer or key employee is comprised of the actuarial increase in the defined benefit plan for the officer, the total contributed to the 401(k) plan and the insurance premiums paid for the benefit of the officer or key employee.”

“Patronage dividends result from the payment of interest to cooperative financial institutions and the purchase of supplies and services from other cooperative organizations. The expense associated with purchases from and payments to such cooperative organizations are a direct component of cost of the electric service provided by the cooperative to its members.”

“Taxes 1,273,057. Consumer accounts 1,227,774. Customer service & information 769,583. Power production 270,176. Federal and state ubit 33,782.”

“The accounting records of the cooperative are maintained in accordance with the uniform system of accounts as prescribed by the federal energy regulatory commission for class a and b utilities modified for electric borrowers of the rural utilities service. The uniform system of accounting does not record expenses in the general expense categories provided on part ix lines 1-23. The cooperative separately reports certain expense classifications, but other expenses that are described in lines 1-23 will be reported on line 24 under the expense categories required by the uniform system of accounts.”

“The form 990 instructions specifically state that the amount of patronage dividends paid to the members should be reported on part ix, line 4. The phrase "patronage dividends paid" refers to the process, subsequent to year-end, by which the cooperative allocates patronage capital to and, therefore, operates at cost with its members. The cooperative's tax exempt purpose is to provide electricity to its members on a cooperative basis. Tax law defines "operating on a cooperative basis" as subordination of capital, democratic control, and operation at cost. The cooperative operates at cost through the allocation of true patronage dividends (also referred to as allocations of patronage capital) to its members. Patronage dividends are considered paid if the allocation is made (1) pursuant to a pre-existing obligation, (2) from the margins produced from the transactions done with or for members, and (3) in a fair and equitable basis on the basis of patronage (i.e. Purchases). Additionally, the allocation of patronage dividends should be made within a reasonable time period after the close of the cooperative's year-end of december 31. Each one of these requirements for a true patronage dividend is provided for in the non-profit operation article of the cooperative's bylaws and are summarized as follows: (a) in order to induce patronage and to assure that the cooperative will operate on a nonprofit basis, the cooperative is obligated to account on a patronage basis to all its members for all amounts received and receivable from the furnishing of electric energy in excess of operating costs and expenses properly chargeable against such services (i.e. Margins from the provision of electric energy). (b) the margins from the provision of electric energy are received with the understanding they are furnished by the members as capital. (c) the cooperative is obligated to pay by credits to a capital account for each member for all such margins. And (d) all such amounts credited to the capital account of any member shall have the same status as though they had been paid to the member in cash in pursuance of a legal obligation to do so and the member had furnished to the cooperative corresponding amounts of capital. The amount reported on part ix, line 4 represents the amount of patronage capital that is either allocated or to be allocated to the members resulting from their purchases of electricity from the cooperative for the 2024 calendar year. As noted above, such amounts are allocated subsequent to year-end in a fair and equitable maner on the basis of patronage. The amounts allocated are representative of the margins from the provision of electric energy to the members and are done pursuant to the obligation that existed in the bylaws prior to the cooperative providing electricity to its members. Therefore, these amounts meet the definition of the term "patronage dividends paid". Please note, however, that because patronage dividends is the process by which the cooperative operates at cost with its members and thereby a key component to accomplishing its exempt purpose, the cooperative has reported the amount of its 2024 margin that has been or is to be allocated to the members subsequent to year-end. Such amounts are an expense for form 990 reporting but not for financial statements prepared in accordance with generally accepted accounting principles (gaap). As a result, the difference between the cooperative's gaap basis financial statements and the revenues less expenses reported on part i, line 19 is the amount of patronage dividends reported as benefits paid to members.”

“Patronage capital assignable 6,181,487. Unclaimed capital credits 677,310. Retirement of patronage capital -3,154,856. Reallocations of unclaimed capital credit retirements 137,410.”

“The board of directors have assigned members to an audit committee to oversee the financial statement audit and select the independent financial statement auditor.”