¶
1504. Authorizations--The General Board of Pension and Health Benefits
is authorized and empowered to provide administrative, trust, and investment
support to The United Methodist Church and its constituent boards, agencies,
conferences, organizations, and other institutions in their efforts to provide
support, relief, and assistance, and pension, welfare, and other benefits for
clergy of this denomination, lay workers of the various units of the Church,
and their families. Subject to the provisions of ¶ 2506 herein the general
board shall perform its duties and responsibilities in the spirit of the
Church's mandate for inclusiveness and racial and social justice. In
particular, and without limiting the generality of the foregoing, the general
board, directly or through any entity created by it, is authorized and empowered:
1. To
operate, manage, and administer the mandatory benefit funds, plans, and
programs established by the General Conference: (a) the Ministerial
Pension Plan; (b) the Staff Retirement Benefits Program; and (c) the
Comprehensive Protection Plan. The provisions of these mandatory benefit
programs shall be incorporated by reference into the Discipline and
shall have the full force of law as if printed in the Discipline. No
proposal shall be made to the General Conference that changes a benefit
presently in effect without first securing through the General Board of Pension
and Health Benefits an actuarial opinion concerning the cost and other related
aspects of the proposed change.
2. To
create, amend, operate, manage, administer, and terminate nonmandatory relief,
assistance, and benefit funds, plans, and programs for interested conferences,
local churches, boards, agencies, institutions, and other affiliated units of
The United Methodist Church.
3. To
continue the operation, management, and administration of relief, assistance,
and benefit funds, plans, and programs created prior to 1981, including but not
limited to: the Lay Pension Plan; Joint Contributory Annuity Fund; Staff
Pension Fund; the Pension Plan for Lay Employees; Lay Employees Pension Fund;
Bishops Reserve Pension and Benefit Fund, in consultation with the General
Council on Finance and Administration; the Chaplains Supplemental Pension Grant
Fund, in consultation with the Division of Chaplains and Related Ministries;
the Printing Establishment of the United Brethren in Christ Fund; Retirement
Allowance for Bishops, General Church Officers, and Staff Personnel Plan of the
former Evangelical United Brethren Church, with funds to be provided by the
General Council on Finance and Administration; Temporary General Aid Fund, in
consultation with the General Commission on Religion and Race, as determined by
the General Conference, with funds to be provided by the General Council on
Finance and Administration.
4. To
make reports to the General Conference with respect to the support, relief,
assistance, and pension, welfare, and other benefits for clergy of this
denomination, lay workers of the various units of the Church, and their
families.
5. To
adopt rules, regulations, and policies for the administration of the relief,
assistance, and benefit funds, plans, and programs that the general board
administers, in all matters not specifically covered by General Conference
legislation or by reasonable implication, and to prescribe such forms and
records as are needed for the administration of such funds, plans, and
programs.
6. To
prepare and publish benefit summaries, manuals, and other publications or media
related to the funds, plans, and programs administered by the general board.
7. To
compile and maintain complete service records of clergy members in full
connection, associate members, and probationary members, and of local pastors
whose service may be related to potential annuity claims of the annual
conferences of The United Methodist Church situated within the boundaries of
the United States and Puerto Rico. Such service records shall be based on
answers to the Business of the Annual Conference questions as published in the
journals of the annual conferences situated within the boundaries of the United
States and Puerto Rico and in the General Minutes of The United Methodist
Church, or in comparable publications of either or both of the uniting
churches, and from information provided by annual conference boards of
pensions. The conference boards of pensions shall be responsible for providing
census data when requested by the general board on participants and their
families, including but not limited to such data as birthdates, marriage dates,
divorce dates, and dates of death.
8. To
administer a clearinghouse for the allocation of pension responsibility among
the annual conferences situated within the boundaries of the United States and
Puerto Rico, in accordance with the principle of divided annuity
responsibility, and for the collection and distribution of pension funds
related to such responsibility.
a) For each beneficiary
involved in the operation of the clearinghouse, the general board shall
determine the division of responsibility on account of approved service
rendered.
b) The general board shall
have authority to determine the pension responsibility of each annual
conference, in accordance with the principle of divided annuity responsibility,
and to collect from each annual conference, as determined on the basis of their
respective pension programs, the amount required by the clearinghouse to
provide the pension benefits related thereto. Each annual conference shall
provide funds to meet its annuity responsibility to beneficiaries of other
annual conferences on the same basis as it provides pension payments for
beneficiaries related directly to itself.
c) The general board is
authorized and empowered to make all the rules concerning details that may be
necessary for the operation of the clearinghouse.
9. On
request of an annual conference or conference organization or agency of The
United Methodist Church, to receive therefrom distributable and reserve pension
funds and to make the periodic pension payments to the beneficiaries of such
annual conference, conference organization, board, or agency, in accordance
with a schedule of distribution, which shall be provided for the guidance of
the general board in making such payments. The general board shall report
annually the details of transactions under this provision. The general board
shall be entitled to recover the cost of performing such services.
10. To
administer the Chartered Fund for the benefit of all the annual and provisional
annual conferences in The United Methodist Church, the boundaries of which are
within the United States, its territorial and insular possessions, and Cuba,
unless the General Conference shall order otherwise. Once a year the net
earnings of the fund, after provision for depreciation, shall be divided
equally among such annual and provisional annual conferences in accordance with
the restrictive rule contained in ¶ 20.
11. To
order and direct that the income from the General Endowment Fund for Conference
Claimants (formerly known as the General Endowment Fund for Superannuates of
The Methodist Episcopal Church, South) held by the General Board of Pension and
Health Benefits of The United Methodist Church, Incorporated in Missouri, shall
be distributed on account of service of conference claimants rendered in an
annual conference of The United Methodist Church; provided, however, that such
distribution shall be restricted to annual conferences that, directly or
through their predecessor annual conferences, participated in raising this
fund, in proportion to the number of approved years of annuity responsibility
of each annual conference as shall be determined by the General Board of
Pension and Health Benefits.
12. To
distribute on the basis it determines the appropriations from the net earnings
of the publishing interests that are contributed to the pension programs of The
United Methodist Church and of the several annual conferences.
13. To
create such legal entities in order to obtain, accept, receive, manage, and
administer any and all assets or property, absolute or in trust, for the
purpose of providing for, aiding in, and contributing to the support, relief,
assistance, and pension, welfare, and other benefits for clergy of this
denomination, lay workers of the various units of the Church, and their
families and for other purposes stated in the trust instrument.
14. To
discharge its fiduciary duties with respect to a benefit fund, plan, or program
solely in the interest of the participants and beneficiaries and for the
exclusive purpose of providing benefits to participants and their beneficiaries
and defraying reasonable expenses of administering the plan, with the care,
skill, prudence, and diligence under the circumstances then prevailing that a
prudent person acting in a like capacity and familiar with such matters would use
in the conduct of an enterprise of a like character and with like aims.
15. To
receive, hold, manage, merge, consolidate, administer, invest, and reinvest all
connectional relief, support, and benefit funds. The general board is
encouraged to invest in institutions, companies, corporations, or funds that
make a positive contribution toward the realization of the goals outlined in
the Social Principles of the Church, subject to other provisions of the Discipline,
and with due regard to any and all special contracts, agreements, and laws
applicable thereto. Among the tools the general board may use are shareholder
advocacy, selective divestment, and advocacy of corporate disinvestment from
certain countries or fields of business.37
[FTN] 37. See
Judicial Council Decision 720.
16. To
receive, hold, manage, administer, and invest and reinvest, by and through its
constituent corporations, endowment funds or other funds of an annual
conference, local church, board, agency, or other unit affiliated with The
United Methodist Church that have been designated for the funding of relief,
support, or benefit funds, plans, or programs, and endowment funds or other
funds of such units not so designated. The general board is encouraged to
invest in institutions, companies, corporations, or funds that make a positive
contribution toward the realization of the goals outlined in the Social
Principles of the Church; provided, however, that at no time shall any
part of the principal of the endowment funds be appropriated by the general
board for any other purpose. The general board shall annually provide to such
units an accounting of such funds.
17. To
receive any gift, devise, or bequest made or intended for beneficiaries of The
United Methodist Church, being the legal successor to and vested with the legal
title to any and all such gifts, devises, and bequests. If the language or
terms of any gift, devise, or bequest are inexact or ambiguous, the general
board shall dispose of or administer the same in the manner deemed most equitable
according to the apparent intent of the donor as determined by the general
board after careful inquiry into the circumstances in connection with the
making of such gift, devise, or bequest, and after granting full opportunity to
all interested parties to be heard, after due and timely written notice of the
time and place of hearing. Such notice shall be mailed to each and all
interested parties through their respectively known representatives, at their
last known addresses.
18. To
collect, receive, and administer such gifts, devises, and bequests, and other
funds as may be specifically designated to any constituent corporation of the
general board by donors, subject to the rules, regulations, and policies of the
general board with respect thereto. All undesignated gifts, devises, bequests,
and donations shall be collected, received, and administered under the
direction of the general board.
19. To
charge the various trusts, funds, plans, and programs for which it is
responsible an administrative fee for its general services and to charge
reasonable and appropriate transactional fees for specific services provided to
a unit of the Church or to a participant or beneficiary. The general board
shall not use for operational or administrative purposes moneys allocated from
any of the general Church funds of The United Methodist Church.
20. To
cause its operations to be carried on and the objectives defined above to be
achieved in such manner by use of such procedures as the general board may from
time to time determine to be necessary, advisable, or appropriate, with full
power and authority in the premises to take all such action and to do all such
other acts and things as may be required or found to be advisable.
21.
The effective date of this paragraph will be at the close of the 1996 General
Conference.