LCMS Convention Workbook St. Louis, Missouri — 1998, Page 318

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318 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

of Regents to deal with the issue under the provisions of Bylaws 6.45
and 6.47.

Adopted July 23, 1997

Voting Rights of Retired Pastors

In inquiries received from several Districts, the question has
been raised regarding the qualification for voting membership sta-
tus at District conventions and at the Circuit Forum of emeritus
pastors who are called with or without contracts by congregations
and who serve them as their pastor. This matter was previously
dealt with by the Commission on Constitutional Matters in the
1960s. At that time, based on the fact that in order to receive re-
tirement income under the Pension Plan for Pastors and Teachers a
pastor was not permitted to be called by or to work more than 20
hours per week for a congregation, the commission concluded that
an emeritus pastor was to be classified as an advisory member. If
either of these conditions were violated, retirement income under
the plan would be forfeited. Thus the concept of retirement under
the Pension Plan for Pastors and Teachers and the Concordia Re-
tirement Plan and the concept of emeritus status were the same and
involved retirement from active service to a congregation, except
for service according to a contract for pastoral services on a lim-
ited hourly basis.

Beginning with January 1996, conditions regarding the receipt
of retirement income were modified to permit persons 65 or older
to receive retirement income from the Concordia Retirement Plan
while still serving in a full-time position and receiving a full salary.
The same modification was applied to the Pension Plan for Pastors
and Teachers beginning July 1, 1997. In view of these changes, the
rationale which formed the basis for the Commission on Constitu-
tional Matters’ past rulings regarding the voting status of retired
pastors is no longer valid..

Constitution Art. V in defining membership identifies ““Minis-
ters not in charge of congregations” (V B 3) as advisory members.
Under the existing conditions at the time of the original decision,
the Commission on Constitutional Matters logically and correctly
concluded that a pastor could not be both emeritus (retired) and in
charge of a congregation. This ruling has been consistently applied
and has not been overturned by a synodical convention. In view of
the change which has been made in the retirement program provi-
sions, the Commission on Constitutional Matters makes the fol-
lowing observations on retired pastors and their voting rights at
meetings of the Synod, District, and Circuit Forum.

Art. V B and XII B of the Synod’s Constitution make it clear
that ministers not in charge of congregations are advisory members
with no voting rights. Ministers in charge of congregations are vot-
ing representatives at District conventions (Art. XII A) and may be
voting members at Synod conventions (Art. V A). Although the
Constitution does not speak directly to the issue, it is obvious that
voting rights would also extend to the Circuit Forum. Bylaw 2.17
defines an emeritus member of the Synod as a minister who is re-
tired and whose application for that status has been approved by
his District President. Bylaw 2.15 a includes among those defined
as “active members” of the Synod “(a}n ordained minister serving
a congregation of the Synod” and indicates thereby that status as
an active member is inconsistent with emeritus status under Bylaw
2.17.

From these provisions it is apparent that an ordained minister
“serving” as pastor of a congregation of the Synod cannot be an
emeritus member. By past interpretation, the Commission on Con-
stitutional Matters has opined that ministers providing services to a
congregation under a limited contract, rather than a call, were not
serving a congregation in the sense of Bylaw 2.15 a. Likewise, a
vacancy pastor would not be serving a congregation in the sense of
that Bylaw since he either already has a full-time call to another

position or is serving the congregation in a temporary capacity
without specification as to length of service. The language of Art.

V Band Art. XII B of the Synod Constitution which refer to min-
isters “in charge of congregations” is in the same sense as the pro-
vision of Bylaw 2.15 a and leads this commission to conclude that
emeritus status is inconsistent with being in charge of a congrega-
tion, and thus inconsistent with exercising voting rights at a Dis-
trict or Synod convention or Circuit Forum.

Given that under both the Concordia Retirement Plan and the
Pension Plan for Pastors and Teachers a minister could collect re-
tirement benefits while still holding a full-time position, it is now
possible for a minister to be retired for purposes of those plans,
while still being an active member of the Synod under Bylaw 2.15
a because he is serving a congregation of the Synod. Congregations
are free to extend calls or calls with contracts attached to such min-
isters. Such a minister would be able to exercise voting rights under
Art. V A and Art. XII A of the Constitution. However, such a min-
ister could not be an emeritus member of the Synod, since that sta-
tus is inconsistent with active membership. The commission ob-
serves that nothing in the Bylaws precludes an emeritus member
of the Synod from resuming active membership to take charge of a
congregation by divesting himself of emeritus status while still re-
taining retirement benefits. He may, of course, later request emeri-
tus status once again, if he wishes to do so.

The decision provided in the opinion above becomes effective
immediately.

Adopted July 23, 1997

Reduction in Force Policy

A pastor had forwarded a request for an opinion to the Com-
mission on Constitutional Matters with respect to the following
questions:

1. Is Bylaw 6.44 a violated if faculty positions are terminated under
a RIF policy based on a rating of a particular professor’s “con-
tribution to the institution”? (“Contribution to the institution”
cannot. in my opinion, be distinguished in practice from the stan-
dards of “competency and faithfulness,” which is the language of
6.44 a.)

2. Are Bylaws 6.44 c or 6.44 e violated if full-time faculty posi-
tions are terminated under a RIF policy and then replaced with
part-time, adjunct faculty positions in the same academic field?

3. Are Bylaws 6.44 c or 6.44 e violated if a college transforms its
full-time staffing of a particular academic field to part-time, ad-
junct staffing under a RIF policy, but does not offer the former
full-time faculty member the new part-time, adjunct courses, as
many courses as are available and for which he or she is eligible
to teach?

In its reply the commission stated the following:

_ In response to the first question, the opinion of the commission is
that it does not agree that “contribution to the institution” cannot
be distinguished in practice from “competency and faithfulness.”
Bylaw 6.44 a clearly states that a faculty member may be totally
competent in a particular area and faithful in service, but may no
longer be able to contribute to the institution. Reasons for this
may be that competency is in an area involving a program which
is being discontinued or a division or department which is being
discontinued, Bylaw 6.44 a 1, 2. Discontinuance of such depart-
ment or program would not reflect on a faculty member’s com-
petency or faithfulness.

2. Neither Bylaw 6.44 c or 6.44 e are violated if full-time faculty
positions are terminated under a RIF policy and then replaced
with part-time adjunct faculty in the same academic field.

3. Bylaws 6.44 c and 6.44 e are violated if, under the circumstances
described, former full-time faculty members are not offered the
opportunity to teach as many of the new part-time adjunct
courses available for which that former faculty members are
qualified and eligible to teach.

Adopted Dec. 8, 1997

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