# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_October 1 1982_S8
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

The Commission is of the opinion that the intent of the two bylaw paragraphs referred to above suggests
the following comments in answer to questions that have been raised:
1. Under terms of the Concordia Retirement Plan faculty members may request "early
retirement" any time beginning with age 55 until age 65; under the terms of the bylaw "early
retirement" may also be requested between the age of 65 and 70.
2. Upon "early retirement" in either instance a faculty member may ask for reappointment
immediately upon his retirement. This must be for one academic year at a time until age 75.
3. If the faculty member fails to request reappointment at the time of his early retirement he may
be appointed later to the faculty and would be subject to the same provisions governing those
who are reappointed immediately upon retirement.
4. If the person reappointed is indeed appointed to a "regular instructional" position (see Bylaw
6.21a) as distinguished from a purely administrative position, he may be regarded as a
member of the faculty. Whether or not such a reappointed individual is accorded voting rights
on the faculty may be determined by each institution under the present provisions of the
Bylaws.
5. A person entering upon early retirement is indeed officially retired and is regarded as an
emeritus as far as the synodical roster is concerned; he will therefore be carried on the
synodical membership roster on the basis of Bylaw 5.45 (emeriti) and not on the basis of
Bylaw 5.43,f (faculty member).
6. Bylaw 6.53 permits the Board of Regents to establish special conditions for anyone reaching
the age of 70, conditions such as annual physical examinations and the like. This does not
preclude the possibility of the Board of Regents setting down general policies for faculty
members who take early retirement and are subsequently re-appointed on a year-to-year
basis.
The Commission recommends that these matters be studied further by the appropriate boards (Board for
Professional Education Services and Boards of Regents) and that they make appropriate recommendations
to the synodical convention for desirable clarification of the Bylaws.
COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary

Tenure of Members of Board of Directors
The Commission on Constitutional Matters has been asked to review its recent decision under 1981
Resolution 2-03A concerning renomination and reelection of certain members of the Board of Directors.
Resolution 2-03A limits the members of the Board of Directors, except for the elected officers of the
Synod, to serve no more than 12 consecutive years. Three members of the Board of Directors whose
terms will expire at the 1983 convention would, if elected to a six-year term, go beyond that limitation.