Comprehensive Overview of PPA 2006

Comprehensive Overview of PPA 2006

Article posted in Legislative on 23 October 2006| comments
audience: National Publication | last updated: 27 April 2017


Although we have published individual articles regarding selected charitable provisions of the Pension Protection Act of 2006, when distinguished Philadelphia attorney Richard L. Fox, who also chairs the Chartered Advisor in Philanthropy program at The American College, offered to share his comprehensive overview of the charitable provisions of the Act with PGDC members, we simply said, "fantastic!"

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RICHARD L. FOX is a partner in the law firm of Buchanan Ingersoll & Rooney PC, in Philadelphia (, where his practice areas include philanthropy, charitable giving, private foundations, family planning, and trusts and estates. Mr. Fox is the author of the treatise Charitable Giving and Solicitation, a Warren, Gorham & Lamont/RIA publication, and is a member of the editorial board of ESTATE PLANNING. He is currently the Sallie B. and William B. Wallace Chair of Philanthropy and a Visiting Associate Professor at the American College in Bryn Mawr, Pennsylvania, where he heads the Chartered Advisor in Philanthropy® Program ( This program, which is offered on campus and on a self-study basis, provides in depth education on philanthropy to a variety of professionals, including planned giving officers, investment advisors, accountants, trust officers, insurance professionals and others who assist potential donors in their planned giving activities, ultimately leading to a Chartered Advisory in Philanthropy Designation. Mr. Fox was also recently named by Worth Magazine as one of the "Top 100 Attorneys" in the country representing affluent families and individuals in the areas of private foundations and philanthropy. He may be reached at

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Pension Act

I can understand about the controlling person having input to a donor advised fund. How about a donor who distributes IRA money to a community foundation and the community foundation uses the rollover money to make a premium payment on a policy the donor has given to the foundation? Does the donor's knowledge of the transaction constitute "controlling."

Mr. Fox's Review Of New Law

Thank you for the excellent article. Mr. Fox points out - in footnote 151 - a significant uncertainty: what is a "Controlling Person" (appropriate title suggested by Mr. Fox). Assume an SO has a significant donor as one of the 3 trustees, and the other 2 are named by the supported organization. Assume that the donor is also the largest single donor to the supported organization. That is not an unusual situation, e.g., a client is the largest donor to his or her church. Because the supported organization does not with to displease the largest donor, does that make the donor a Controlling Person as to the SO? Curious that the definition of disqualified person and Controlling Person are not the same. If anyone can shed light on this, or correct my reading, I would appreciate it.

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