# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 28 1996_S1 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) Walter L. Rosin, Secretary Minutes of the Commission on Constitutional Matters - August 28, 1996 - Telephone Conference 59. Opening : The meeting was called to order and opened with prayer by Chairman Tesch. Roll call showed Richard Schlecht as being absent from the call. 60. Status of Emeritus Pastor (Ag. 2041) : A letter had been received from a circuit counselor, requesting an opinion from the Commission on Constitutional Matters regarding certain issues relating to the service of an emeritus pastor and the status which he would hold. The questions which were addressed and the response which was given by the Commission after consideration was as follows: 2. If a congregation extends a call to an emeritus pastor, even though the expectations on the part of the congregation are for less than full-time service, does this alter the status of the emeritus pastor in any way? (i.e. forfeit "emeritus"?) The response of the Commission to this question is "no." The only effect might be on retirement income if the call is for service of more than 20 hours per week. That, however, would be a matter to be determined by the Worker Benefit Plans of the Synod. 2. If an emeritus pastor accepts such call as mentioned in #1 and is the sole pastor of said congregation, does he then have a vote as do other pastors who are the full-time resident pastors, in spite of the emeritus' part-time actual service? The response of the Commission to this question is "no." Previous opinions issued by the Commission concluded that a pastor may not both be retired, i.e. emeritus, and still be in charge of a congregation. The Constitution defines one category of advisory member as "ministers not in charge of congregations." This matter may, however, require future consideration as more and more smaller congregations are served by pastors who have elected retirement. It will involve reversing a previous opinion of the commission or amendment of the Constitution to eliminate or clarify the provision. 3. If a congregation extends a "contract for services" to a retired pastor, would that be any different from a formal call, replete with "call" documents? The Commission also responds to this question with a "no." It has been possible in the past to extend a call with a contract attached. By convention action, however, the decision was made that the contracts of teachers who are eligible for calls but who are contracted are to have these contracts considered as calls. The same, it would seem, would apply to emeritus pastors who are contracted. 4. If an emeritus were to accept a "formal call," would that alter his retired status with regard to Concordia Retirement Plan? If so, in what way(s)? This question has been dealt with in question 1 above. If the pastor works and is paid for more than 20 hours per week, he would probably not be considered retired under the Pension Plan for Pastors and Teachers (PPPT) and would not be eligible for that portion of his retirement benefits. If he has applied for social security, that too could affect his retirement income if he