# LCMS Convention Proceedings_St. Louis Missouri_2007_S127 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) PROGRAM AND FINANCE dent–Finance—Treasurer of the Synod or such other person as may be designated by the Board of Directors of The Lutheran Church—Missouri Synod, unless precluded by law or the terms of the gift. In such case, the board of regents shall hold and administer managing the same, in accordance with the terms of the instrument creating such gift and in accordance with the policies of the Board of Directors of The Lutheran Church—Missouri Synodboard of regents. Action: Adopted (4) (The resolution was adopted as presented by the committee without discussion [Yes: 1,037; No: 87].) To Revise Bylaw Sections re Name Change to Concordia Plans and Concordia Plan Services RESOLUTION 4-06 Overture 4-01, (CW, pp. 189–190) WHEREAS, On June 21, 2005, a separate corporation, Concordia Plan Services, was created to administer the various benefit trusts of The Lutheran Church—Missouri Synod. In addition, the new Concordia Retirement Savings Plan was also created, both necessitating an update of the Bylaws of the Synod to reflect these changes; and WHEREAS, The name “Board of Trustees” better reflects the responsibilities of the board relative to the various trusts it administers, suggesting that “Board of Managers” be changed to “Board of Trustees”; and WHEREAS, The Board of Directors—Concordia Plan Services and the Board of Managers—Worker Benefit Plans approved the recommended changes in their September 2006 meeting; and WHEREAS, These recommended changes require amendments to the Bylaws of the Synod as well as the plan documents of the various Concordia Plans and the Pension Plan for Pastors and Teachers; and WHEREAS, The LCMS Board of Directors, at its November 2006 meeting, adopted a resolution supporting the Board of Directors of Concordia Plan Services’ and the Board of Managers of Worker Benefit Plans’ request to amend the bylaws noted below; and WHEREAS, The LCMS Board of Directors referred the matter to the Commission on Structure for review and implementation; therefore be it Resolved, The Synod in convention amend the Bylaws of The Lutheran Church—Missouri Synod to make the following changes: PRESENT/PROPOSED WORDING 1.2.1 The following definitions apply to the entire Bylaws of The Lutheran Church—Missouri Synod: (a) Agency: An instrumentality other than a congregation, whether or not separately incorporated, which the Synod in convention or its Board of Directors has caused or authorized to be formed to further the Synod’s objectives. (1) Agencies include each board, commission, council, seminary, university, college, district, Worker Benefit Plans Concordia Plan Services, and each synodwide corporate entity. 127 (2) The term “agency of the Synod” does not describe or imply the existence of principal and agency arrangements as defined under civil law…. (c) Corporate Synod: The Lutheran Church—Missouri Synod, the Missouri nonprofit corporation, including the departments operating under the supervision of the Board of Directors of the Synod and the program boards and commissions of the Synod. (1) “Corporate Synod” is not an agency of the Synod. (2) Concordia Plan Services is a controlled entity of The Lutheran Church—Missouri Synod created to manage the Concordia Plans. (23) Worker Benefit Plans The Concordia Plans, while operating under the supervision of the Synod Board of Directors, is a are trust agencies agency whose assets are not the property of corporate Synod…. (m) Property of the Synod: All assets, real or personal, tangible or intangible, whether situated in the United States or elsewhere, titled or held in the name of the Synod, its nominee, or an agency of the Synod. “Property of the Synod” does not include any assets held by the Lutheran Church Extension Fund—Missouri Synod or by an agency of the Synod in a fiduciary capacity (including, for purposes of example, the funds administered managed for the Concordia Plans by Worker Benefit Plans Concordia Plan Services and certain funds held by The Lutheran Church—Missouri Synod Foundation). 1.4.1 The delegate convention of the Synod is the legislative assembly that ultimately legislates policy, program, and financial direction to carry on the Synod’s work on behalf of and in support of the member congregations. It reserves to itself the right to give direction to all officers and agencies of the Synod. Consequently, all officers and agencies, unless otherwise specified in the Bylaws, shall be accountable to the Synod for all their actions, and any concerns regarding the decisions of such officers or agencies may be brought to the attention of the Synod in convention for appropriate action. This provision does not apply to specific member appeals to Worker Benefit Plans the Concordia Plans, which has its own appeal process for such cases. 3.2.2.1 The boards of the Synod elected or appointed as otherwise prescribed in these Bylaws shall be: 1. Board for Pastoral Education 2. Board for University Education (Board of Directors of Concordia University System) 3. Board for Black Ministry Services 4. Board for Communication Services 5. Board for Human Care Ministries 6. Board of Directors of the Lutheran Church Extension Fund—Missouri Synod (Board for Church Extension) 7. Board of Managers Trustees—Concordia Plans which also serves as the Board of Directors for Concordia Plan Services for Worker Benefit Plans 8. Board of Trustees for The Lutheran Church—Missouri Synod Foundation 9. A board of regents for each college, university, or high school of the Synod 10. Board of Governors of Concordia Historical Institute 3.3.1.3 The President shall have powers and duties that are both ecclesiastical and administrative. (a) He shall report in person or through a vice-president or other officer of the Synod to all district conventions and to that end formulate the report that is to be made. 2007 Convention Proceedings