LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 10-11, 2002, Page 10

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Under the bylaw, the Board for Higher Education must require certification of the theological and
professional competency of all full-time faculty members hired. In the case of initial appointments to the
seminaries or the theological staff of a college or university, the Board for Higher Education must itself
approve the certification and also approve the candidate or candidates prior to actual appointment by the
Board of Regents. (This responsibility of the Board for Higher Education is also contained in Bylaw
3.409 h.) In all other cases of initial appointment, the Board of Regents is itself responsible for approval
of the candidate or candidates after a thorough theological review of each candidate in consultation with
the local District President and selected board members. In such cases, the Board of Regents reports the
certification of the theological and professional competency of all faculty hired to the Board for Higher
Education.
46. Question re Participation in the LCMS Pension and Medical Plans (02-2275)
The chairman of a member congregation of the Synod, with a letter dated May 16, 2002, provided to the
Commission a copy of a tax return of an organization independent of the LCMS along with an “important
question [that] needs to be asked,…taking into consideration the above statement and IRS regulations
relative to Contract Labor.”
Question:

“May a person(s) who is an employee of a non-profit corporation and which corporation has
no official connection to the Lutheran Church—Missouri Synod (LCMS) such as an RSO or
auxiliary, be a participant in the LCMS Pension and Medical Plans?”

Opinion: It is the duty of the Commission on Constitutional Matters to interpret the Synod’s Constitution,
Bylaws, and resolutions upon written request (Bylaw 3.905 d). Bylaws 3.701 to 3.715 establish Worker
Benefit Plans and describe the plans that are offered. These bylaws do not, however, detail who may
participate in the benefit plans. Such detail is published in booklet form under the supervision of the
Board of Managers for Worker Benefit Plans.
Because the content of such booklets is not included in the jurisdiction of this Commission, as is also the
case with IRS regulations relative to contract labor, it cannot respond further to this question. Further
information regarding participation in the pension or medical plans may be obtained from the Board of
Managers for Worker Benefit Plans.
47. Questions re Authority of BHE/CUS Board and Concordia University System (02-2276)
In a June 9, 2002 e-mail memorandum, a pastor of the Synod asks a series of questions concerning the
relationship between the BHE/CUS Board and the Boards of Regents of the Concordia University
System.
Question 1:

“Does the Board of Higher Education have doctrinal oversite (sic) over the Boards of
Regents of the Concordia University System?”

Opinion: Bylaw 3.101 A 1 places the responsibility of supervision of the doctrine taught and practiced in
the Synod, including synodwide corporate entities, under the Office of the President: “The President of
the Synod has ecclesiastical supervision of all officers of the Synod and its agencies, the individual
Districts of the Synod, and all District Presidents.” Bylaw 3.101 A 2 additionally requires that the
President shall “at regular intervals officially visit or cause to be visited all the educational institutions of
the Synod to exercise supervision over the doctrine taught and practiced in those institutions.” Bylaw
3.101 B 2 adds that he shall officially visit or cause to be visited all of the Synod’s educational
institutions “to see to it that they are in accordance with the Constitution, Bylaws, and resolutions of the

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