LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 3, 2025, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Internet Conference Meeting
February 3, 2025
84. Opening Prayer and Adoption of Agenda
With Chairman Peters attending by telephone, Vice-Chairman Deadrick called the meeting to order with
all other members present by internet conference. Following an opening prayer, the commission proceeded
with its previously distributed agenda, as follows:
85. Concordia Plan Services Property Casualty Insurance Program (24-3043)
By an email of Dec. 3, the President and CEO of Concordia Plan Services (CPS) forwarded a request for
opinion on a proposal, shared with the Board of Directors in November, to develop an alternative risk
management solution, involving creation of a single-parent captive 1 insurance company to serve Synod
agencies (CPS has administered the insurance program for such for some years, but without a captive) and,
for the first time, member congregations and schools. The captive could offer property, liability,
automobile, and worker’s compensation coverages; other coverages would be offered through a fullyinsured carrier. CPS would enter into arrangements for program administration, a fronting carrier,
reinsurance, etc. The proposal is in response to urgent needs of congregations and schools facing
dramatically increasing premiums or even serious problems with placement of insurance (impacting also
the work of the Lutheran Church Extension Fund); it is projected to offer lower, or at least stabilized,
premiums and more accessible placement not only for these but also for participating Synod agencies.
CPS requested an appearance before the commission to answer any questions and to provide further
explanation. This was deferred until the commission could review the material and ultimately determined
not to be necessary.
The commission has distilled two essential questions out of the memorandum provided by CPS as follow:
Question 1:

Is provision of property casualty coverage, as described, within the constitutional purposes
of the Synod and, therefore, an activity for which an agency (Bylaw 1.2.1 [a]) may be
formed in a manner consistent with the Constitution, Bylaws, and resolutions of the Synod?
(It is understood that formation of such an incorporated agency requires, at least under
BOD Policy 6.12 and underlying resolutions, the approval of the Synod Board of
Directors.)

Opinion:
Provision (or facilitation of the placement of) property casualty insurance for member
congregations, schools, and perhaps recognized service organizations through a captive would be a new
activity for the Synod, although convention material 2 and board minutes 3 show that this is not the Synod’s
The idea of a captive (whether itself a single-parent agency of the Synod or participation in a group) serving Synod
and certain of its agencies was explored 2006–8 by the Board of Directors (Minutes, Aug 25–26 and Nov. 16–17,
2006 [see docket of latter, exhibit IC-11]; May 16–18, 2007; Feb. 14–16, Nov. 20–21, 2008). In the last of these, the
Treasurer noted that a risk-sharing concept would be pursued as an alternative.
2
1959 Res. 16-11 declined an overture suggesting mutual property insurance covering “churches, schools, parsonages,
etc.,” possibly in connection with “an existing organization, such as the A.A.L.,” such arrangements having “been
found impracticable in past experience and been judged unwise by competent men in the insurance field.” 1971 Res.
4-11, “To Decline Study of Fire and Casualty Insurance Program,” dismissed the proposal of Ov. 4-85 to study
developing a “synodwide” fire and casualty insurance program, serving “all congregational, college, district, and
synodical buildings,” on the grounds that this was “impractical for administrative and financial reasons.” Both
declinations are based on contemporary business evaluations and not on constitutional grounds.
3
Aug. 29–30, 1980, BOD minutes (#308) evidence a suggestion by the Executive Planning Group to “establish a
property insurance company to provide fire and casualty insurance to congregations at reduced rates” in the decade of
1

CCM Minutes – February 3, 2025 – Page 58