LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 23, 1997, Page 1

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Minutes of the Commission on Constitutional Matters - July 23, 1997 - Telephone Conference
125. Opening: Chairman Tesch called the meeting to order and asked Rev. Bode to lead the members in
prayer. Alan Barber was unable to be present for the conference call.
126. Voting Rights of Retired Pastors (AG. 2078, A): A request had been received from the Secretary of
the Kansas District for an opinion regarding the right of retired pastors to vote at district conventions and at
the Circuit Forum in selection of delegates to the synodical convention. Other districts have raised similar
questions.
The Secretary had prepared a response which was reviewed and discussed, with particular discussion
revolving around the definition of "emeritus" as contained in the Bylaws and its relation to the identification
of those who are active members, i.e. ministers in charge of congregations. It was also pointed out that the
term "retired" for purposes of receiving benefits from synodical retirement plans should not be considered
equivalent to the term "emeritus." In view of these factors, David Piehler was asked to review the proposed
response and modify and revise it to take them into account. The opinion which was ultimately issued is as
follows:
In inquiries received from several districts, the question has been raised regarding the qualification for
voting membership status 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 1960's. At that time, based on
the fact that in order to receive retirement 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 Retirement 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 limited 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 Constitutional Matters' past rulings regarding the voting
status of retired pastors is no longer valid.
Constitution Article V in defining membership identifies "Ministers 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 provisions, the Commission on Constitutional Matters makes the following
observations on retired pastors and their voting rights at meetings of the Synod, District, and Circuit
Forum.
Articles 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
voting representatives at District conventions (Article XII, A) and may be voting members at Synod
conventions (Article V, A). Although the Constitution does not speak directly to the issue, it is obvious