ANNUAL CONFERENCE
ADMINISTRATION
¶
1506. Powers, Duties, and Responsibilities--1. The annual
conference, on recommendation of the conference Board of Pensions, shall
determine the admissibility and validity of service approved, or compensation
entering the contribution base, for pension credit and the payments,
disallowances, and deductions thereunder, subject to the provisions of the Discipline
and the rules and regulations of the pension and benefit funds, plans, and
programs of The United Methodist Church.38
[FTN] 38. See
Judicial Council Decisions 81, 360, 379.
2. a)
Service rendered prior to January 1, 1982, by a clergyperson in The United
Methodist Church, including service rendered in either or both of the uniting
churches prior to Church union, shall be approved for pension credit in
accordance with provisions of the Discipline in effect and applicable
thereto, or as subsequently amended, at the time such service was rendered.
Pension for such service shall be provided in accordance with the past service
provisions of the Ministerial Pension Plan.
b) Pension for full-time
service rendered by a clergyperson in The United Methodist Church prior to
January 1, 1982, shall be not less than an amount based upon pension credit for
service prior to January 1, 1982, and the benefit levels in effect on December
31, 1981; provided, however, that the pension of a clergyperson whose membership
was terminated prior to January 1, 1982, shall be determined in accordance with
the provisions of the Discipline, pension funds, plans, and programs in
effect at the time of such termination.
c) Pensions earned by bishops
(elected by a jurisdictional conference) and other clergy, and protection
benefits for such bishops and other clergy in The United Methodist Church after
December 31, 1981, shall be provided in accordance with the provisions of the
Ministerial Pension Plan and the Comprehensive Protection Plan.39
[FTN] 39. See
Judicial Council Decision 502.
3. For
service rendered prior to January 1, 1982, the following years of approved
service in an annual conference of The United Methodist Church shall be counted
for pension credit subject to the conditions stated in this paragraph:
a) By a clergyperson who is a
probationary member or who is in the effective relation as an associate member
or a member in full connection in the annual conference: (1) as pastor,
associate or assistant pastor, or other clergyperson in a pastoral charge; (2)
as district superintendent, presiding elder, conference president, conference
superintendent, or other full-time salaried official of the conference; (3)
under appointment beyond the local church to an institution, organization, or
agency that in the judgment of the annual conference rendered to it some form
of service, direct or indirect, sufficient to warrant pension credit, or to a
community church, or as a conference-approved evangelist; provided,
however, that such institution, organization, agency, community church, or
evangelist accepts and pays such apportionments as the conference may require,
with the recommendation that this apportionment shall be not less than twelve
times the annuity rate of the conference; and provided further, that
pension related to such service may be arranged through one of the pension
funds or plans administered by the General Board of Pension and Health
Benefits; (4) as a student appointed to attend school, but only if the
clergyperson serves subsequently with pension credit in an annual conference or
conferences for three or more years under appointment other than to attend
school, such credit as a student not to exceed three years; provided,
however, that all years for which pension credit was given under legislation in
effect prior to the 1972 General Conference, on account of appointment to
attend school, shall be counted in determining the pension claim thereon; and provided
further, that if a clergyperson is again appointed to attend school after
having served under appointment for six consecutive years as a clergy member in
full connection with pension credit in an annual conference or conferences
other than under appointment to attend school, pension credit shall be given
for up to but not more than three additional years under appointment to attend
school if the clergyperson serves subsequently with pension credit in an annual
conference or conferences for three or more additional years under appointment
other than to attend school; (5) as a clergyperson on sabbatical leave, provided
that not less than five of the ten years just preceding the granting of such
leave were served with pension credit in the annual conference that grants the
sabbatical leave; and (6) as a clergyperson on disability leave subsequent to
the 1968 Uniting Conference, not to exceed fifteen years.40
[FTN] 40. See
Judicial Council Decisions 180, 219.
b) By a person classified by
the board of ordained ministry as eligible to be appointed as a full-time local
pastor, and by an approved supply pastor prior to Church union in 1968, as a
pastor or assistant pastor of a pastoral charge in full-time service under
appointment; provided, however, that such credit shall be conditional
and subject to provisions hereinafter stated in this paragraph.41
[FTN] 41. See
Judicial Council Decisions 73, 206.
c) By an ordained minister
from another Christian denomination who has not attained the age of mandatory
retirement for a conference clergy member, who has not retired from the
denomination, and who is approved by the annual conference on recommendation of
the board of ordained ministry as provided in ¶ 337.2 who renders full-time
service under appointment as a pastor or assistant pastor subject to provisions
hereinafter stated in this paragraph.
d) In calculating fractions of
years of service for pension credit earned prior to January 1, 1982, the
following formula shall be used:
(1)
Any period of up to and including forty-five (45) days shall not be counted.
(2)
Forty-six (46) days up to and including one hundred thirty-six (136) days shall
be counted as one quarter of a year.
(3)
One hundred thirty-seven (137) days up to and including two hundred
twenty-eight (228) days shall be counted as one half of a year.
(4)
Two hundred twenty-nine (229) days up to and including three hundred nineteen
(319) days shall be counted as three quarters of a year.
(5)
Three hundred twenty (320) days up to and including three hundred sixty-five
(365) days shall be counted as one year.
4.
Concerning the normal conditions for pension credit and pro rata pension
credit, the following provisions shall apply for service rendered prior to
January 1, 1982, in determining approval for pension credit, eligibility for
pension, and allocation of responsibility:
a) Normal Conditions--The
normal conditions required of a clergyperson for full pension credit shall be:
(1)
That full-time service is rendered by a person appointed to a field of labor
under provisions of ¶ 329.1;
(2)
That this person not be attending school as a regular student except as
provided in ¶ 1506.3a(4);
(3)
That this person not be on leave of absence;
(4)
That this person not be substantially employed in work other than that to which
he or she is appointed by the bishop; and
(5)
That this person receive not less cash support per annum from all Church and/or
conference-related sources than that provided in the schedule of equitable
salaries adopted by the annual conference for those in this person's
classification.
b)
Proportional Pension Credit--Effective as of the closing day of the 1980 annual conference
session, pro rata pension credit may be granted to persons appointed to less
than full-time service under the provisions of ¶ 329.2 by a three-fourths vote
of those present and voting in the annual conference session on recommendation
of the conference board of pensions. Such pension credit shall be in one-quarter
year increments; provided, however, that no one individual receives in
excess of one year of pension credit per annum.
c)
Full Pension Credit--Full
pension credit may be granted for persons not meeting some or all of the above
conditions by a three-fourths vote of those present and voting in the annual
conference on recommendation of the conference board of pensions.42
[FTN] 42. See
Judicial Council Decision 386.
d) Service as a chaplain on
full-time duty prior to January 1, 1947, which previous legislation includes as
eligible to be counted in determining the annuity claim on an annual
conference, shall be so recognized.
e) Pension responsibility on
account of the appointment of a clergy member of an annual conference to attend
school prior to 1982 shall be allocated to the conference or conferences in
which the clergy member shall first thereafter render six years of service
under appointment to a local church, to conference staff, as a district
superintendent, or to an appointment beyond the local church normally
considered to be eligible for pension by the annual conference. This allocation
procedure shall continue through December 31, 1987, at which time any
unallocated years shall be assigned on a pro rata basis to the conference or
conferences in which service under appointment to a local church, to conference
staff, as a district superintendent, or to an appointment beyond the local
church normally considered to be eligible for pension coverage by the annual
conference totaled less than six years; provided, however, that such
allocation shall not apply in cases where pension payments were in effect prior
to January 1, 1985, on the basis of the allocation of responsibility under
previous legislation.
f) Service of a local pastor
prior to 1982 may be approved for pension credit only by vote of the annual
conference, on recommendation of the conference board of pensions, after
consultation with the district superintendents. If such credit is granted, it
should be included under the Discipline question, "What other
personal notation should be made?"
g) Upon recommendation of the
conference board of pensions and by a three-fourths vote of those present and
voting in the annual conference, pension credit may be granted to a clergy
member in full connection, probationary member, or associate member of the conference
on account of full-time service previously rendered as an approved local pastor
or approved supply pastor to an institution, organization, or agency, which in
the judgment of the annual conference rendered to it some form of service
sufficient to warrant pension credit; provided, however, that such
institution, organization, or agency shall accept and pay such apportionment as
the conference may require.
h) On recommendation of the
conference board of pensions and approval by the annual conference,
appointments beyond the local church shall be listed in the conference journal
as follows: (1) with pension responsibilities on the annual conference, or (2)
with pension responsibility on the institution or agency served. If at any
session the conference fails to make such listing, it may be done subsequently,
whenever desirable, under the Business of the Annual Conference question,
"What other personal notation should be made?"43
[FTN] 43. See
Judicial Council Decision 95.
i) In the event of retirement
under ¶ 355.2b, the pension or subsequent pension resulting from annuity
rate increases for service rendered prior to January 1, 1982, shall be
determined by reducing the pension (years times rate) by the lesser of: (1)
one-half percent per month or fraction of a month of age less than sixty-five
years attained on the date the actuarially reduced pension is to commence (or
the date of such annuity rate increase), or (2) one-half percent per month for
each month of difference between the assumed date at which forty years of
service under appointment would have been completed and the actual date the
actuarially reduced pension or annuity rate increase is to commence under ¶
355.2b. Effective at the close of the 1988 General Conference, if
retirement is granted in accordance with ¶ 355.2e, the actuarially
reduced pension shall be calculated from the deferred retirement date. Such
actuarially reduced pension shall be calculated by the General Board of Pension
and Health Benefits and allocated pro rata to the annual conference or
conferences that are charged with the pension responsibility.44
[FTN] 44. See
Judicial Council Decision 428.
5. a)
A pension shall be payable on account of pension credit for service prior to
1982 as a full-time local pastor or supply pastor if: (1) the local pastor
shall have been admitted as an associate or probationary member or member in
full connection in an annual conference and has subsequently been placed in the
retired relation by the conference, or (2) the local pastor shall have rendered
no less than four consecutive years of full-time service with pension credit
for service prior to 1982 or with full participation in the Comprehensive
Protection Plan since 1981, or a combination thereof, in one annual conference.
b) On recommendation of the
conference board of pensions, a pension shall be payable on account of pension
credit for service prior to 1982 for an ordained minister from another
Christian denomination who shall have rendered not less than four consecutive
years of full-time service with pension credit for service prior to 1982 or
with full participation in the Comprehensive Protection Plan since 1981, or a
combination thereof, in one annual conference while qualified under ¶ 337.2,
who has attained the age of voluntary retirement for a conference clergy
member. (See also § 3c above.)
6. The
annual conference, on recommendation of the conference board of pensions, shall
have the power to revise, correct, or adjust a clergyperson's record of pension
credit as set forth in his or her service record. Prior to the revision of such
record, the General Board of Pension and Health Benefits may be requested to
review relevant data and report its findings thereon. Such revisions,
corrections, and adjustments shall be published in the journal of the annual
conference in answer to Business of the Annual Conference questions and shall
be reported to the General Board of Pension and Health Benefits by the
conference board of pensions.45
[FTN] 45. See
Judicial Council Decision 386.
7. The
annual conference shall review annually the annuity rate for service rendered
in the annual conference prior to January 1, 1982, for the purpose of adjusting
the rate as appropriate, taking into account changes in economic conditions.
Such annuity rate may remain the same or be increased without restriction. It
is recommended that such rate be not less than 1 percent of the average
compensation of the conference as computed by the General Board of Pension and
Health Benefits. However, for plan years beginning after December 31, 1998, in
no case may the annuity rate be less than eight tenths of one percent of the
average compensation of the conference. The annuity rate for approved service
of local pastors shall also be determined by the conference each year and shall
be the same as the rate for service of clergy members in full connection,
probationary members, and associate members. A successor conference resulting
from a merger involving a former Central Jurisdictional conference shall
establish for all for whom it has pension responsibility the same rate for past
service of clergy members in full connection, probationary members, and
associate members in the Central Jurisdiction as for service in a geographic
former Methodist jurisdiction and the same rate for past service of local
pastors regardless of the jurisdiction in which the service was rendered.46
[FTN] 46. See
Judicial Council Decisions 360, 389.
8.
Persons who have served full-time appointments beyond the local church under
endorsement by the Division of Chaplains and Related Ministries are eligible
for pension support for those years of service so served for which no other
pension is provided. Such pension support shall be in accordance with the
Chaplains Supplemental Pension Grant Fund or the Ministerial Pension Plan under
arrangements agreed to by the General Board of Higher Education and Ministry
through its Division on Chaplains and Related Ministries and the General Board
of Pension and Health Benefits.
9. The
responsibility for pension for service approved for pension credit shall rest
with the annual conference in which the service was rendered; provided, however,
that in the event of mergers, unions, boundary changes, or transfers of
churches, such responsibility shall rest with the successor annual conference
within whose geographical boundaries the charge is located.47
[FTN] 47. See Judicial
Council Decisions 203, 389, 523.
10.
Pension for service approved for pension credit by an annual conference shall
be provided by the annual conference under one of the pension funds, plans, or
programs administered by the General Board of Pension and Health Benefits of
The United Methodist Church.
11. An
annual conference may not make any arrangement with a life insurance company
for the purchase of annuities for the benefit of individual effective or
retired clergy or take any steps to nullify, in whole or in part, the pension
plans and programs of The United Methodist Church by making contracts with
outside parties.48
[FTN] 48. See
Judicial Council Decisions 585, 716.
12. Other
Annual Conference Organizations--a) Annual conferences, hereinafter
called conferences, are authorized to establish, incorporate, and maintain
investment funds, preachers aid societies, and organizations and funds of
similar character, under such names, plans, rules, and regulations as they may
determine, the directors of which shall be elected or otherwise designated by
the conference, where permissible under the laws of the state of incorporation,
and the income from which shall be applied to the support of the pension
program through the conference board of pensions.49
[FTN] 49. See
Judicial Council Decision 218.
b) Distributable pension funds
from all sources shall be disbursed by or under the direction of the conference
board of pensions, excepting only such funds as are otherwise restricted by
specific provisions or limitations in gifts, devises, bequests, trusts,
pledges, deeds, or other similar instruments, which restrictions and
limitations shall be observed.
c) It shall not be permissible
for any conference or permanent fund organization thereof to deprive its
beneficiaries who are beneficiaries in other conferences of the privilege of
sharing in the distribution of the earned income of such funds through the
clearinghouse administered by the General Board of Pension and Health Benefits.
d) (1) Prior to January 1,
1982, a conference subject to the laws of the state in which it is incorporated
shall have power to require from its clergy who are serving with pension credit
from the conference an annual contribution to either its permanent or reserve
fund or for current distribution or to a preachers aid society for the benefit
of its beneficiaries, subject to the following provisions:50
[FTN] 50. See
Judicial Council Decision 181.
(a) The annual payment may be
made in installments as provided by the conference.
(b) The making of such payment
shall not be used as the ground of contractual obligations upon the part of the
conference or as the ground of any special or additional annuity claim of a
clergyperson against the conference; neither shall it prevent disallowance of a
clergyperson's annuity claim by conference action.
(c) The conference may fix a
financial penalty for failure of the clergyperson to pay.
(d) In case membership in the
conference is terminated under the provisions of the Discipline, the
conference may refund the amount so paid, in whole or in part, after hearing
has been given to the clergyperson, in case such hearing is requested.
(e)
Clergy
entering a conference shall not be charged an initial entry fee by any
organization mentioned in § a above; furthermore, the annual
contribution required from a clergyperson shall not exceed an amount equal to 3
percent of the clergyperson's support.
(2) If
a clergy person is participating in one of the pension funds, plans, or
programs administered by the General Board of Pension and Health Benefits, that
individual shall not be required by the conference or by an organization
thereof related to the support of beneficiaries to make any other contribution
for pension purposes.
e) Each conference, on
recommendation of its conference board of pensions or one of the organizations
mentioned in § a above, may select a Sunday in each year to be observed
in the churches as Retired Ministers Day, in honor of the retired clergy, their
spouses, and the surviving spouses of clergy in recognition of the Church's
responsibility for their support. The bishop may request each conference in the
area to insert a Retired Ministers Day in its calendar.
13. A
conference board of pensions may make special grants to clergy or former clergy
of an annual conference who have served under appointment in that conference;
or to their spouses, former spouses, surviving former spouses, or surviving
dependent children (including adult dependent children). A report of such
special grants shall be made annually to the annual conference.
14. a)
A former clergy member in full connection, probationary member, or associate
member of an annual conference whose membership was terminated on or after
January 1, 1973, and prior to January 1, 1982, after the completion of ten or
more years of service with pension credit in an annual conference or
conferences, shall retain the right to receive a pension beginning the first of
any month following the date the former clergyperson attains age sixty-two,
based on the years of service approved for pension credit.51 Such former clergyperson's
pension shall be based on all years of service with pension credit if the
former clergyperson had twenty or more such years. If less than twenty such
years but at least ten years, the years used in the calculation of the benefit
shall be a percentage of the approved service years; such percentage shall be
determined by multiplying the credited whole years by 5 percent, resulting in
50 percent of such years for ten years of credited service and 100 percent for
twenty years of such service. If pension begins prior to the age at
which retirement under ¶ 355.2c could have occurred, then the provisions
of ¶ 1506.4i shall apply.
[FTN] 51. See
Judicial Council Decision 717.
b) A former clergy member in
full connection, probationary member, or associate member of an annual
conference whose membership was terminated on or after January 1, 1982, after
the completion of ten or more years of service under appointment in an annual
conference or conferences, shall retain the right to receive a pension
beginning the first day of any month coinciding with or following the date the
former clergyperson attains age sixty-two, based on the years of service prior
to January 1, 1982, approved for pension credit.52 If pension begins prior to
the age at which retirement under ¶ 355.2c could have occurred, then the
provisions of ¶ 1506.4i shall apply.
[FTN] 52. See
Judicial Council Decision 717.
c) Effective at the close of
the 1976 General Conference, former clergy members in full connection,
probationary members, and associate members of the annual conference whose
membership was terminated on or after such date shall have any vested pension
benefits calculated at the annuity rate in effect on the date such person's
membership is terminated.
d) Clergy members in full
connection, probationary members, and associate members in an annual conference
who voluntarily withdraw from the ministry of The United Methodist Church to
enter the ministry of another church or denomination, on the attainment of age
sixty-two and on recommendation of the conference board of pensions and a
three-fourths vote of those present and voting in any annual conference in
which approved service was rendered prior to January 1, 1982, or the legal
successor, may be recognized and granted pensions on account of approved
service rendered in that conference. If pension begins prior to the age at
which retirement under ¶ 355.2c could have occurred, then the provisions
of ¶ 1506.4i shall apply.
15.
The responsibility for providing pension on account of service rendered prior
to January 1, 1982, in a missionary conference, provisional annual conference,
or former mission within the United States or Puerto Rico that has been
approved for pension credit shall rest jointly with: (a) the missionary
conference, provisional annual conference, or former mission concerned, (b)
the General Board of Pension and Health Benefits with funds provided by the
General Council on Finance and Administration, and (c) the General Board
of Global Ministries. The revenue for pension purposes covering such service
shall be provided by the aforesaid parties in accordance with such plan or
plans as may be mutually agreed to by them.
16. a)
A clergyperson who has been granted the retired relation in a central
conference or an affiliated autonomous church shall be entitled to a pension
from a conference or conferences in the United States or Puerto Rico for the
years of approved service rendered therein upon attainment of the required age
or the completion of the required years of approved service. Such clergyperson
shall notify the General Board of Pension and Health Benefits upon his or her
retirement. The General Board of Pension and Health Benefits shall certify the
years of approved service to each annual conference concerned. Payments due
thereunder shall be collected from the conference concerned and forwarded to
the claimant by the General Board of Pension and Health Benefits in such manner
as it may deem most expedient and economical.
b) In the event of the death
of such clergyperson prior to the annuity starting date, the spouse shall be
eligible for a benefit equal to 70 percent (75 percent or 100 percent if
elected by the applicable conference) of the clergyperson's formula benefit. If
no spouse survives, the Service Annuity Accumulation will be paid in accordance
with the provision of the Ministerial Pension Plan.
17.
Pension and benefit contributions are the responsibility of the salary-paying
unit of a participant in the Ministerial Pension Plan and the Comprehensive
Protection Plan. Unless otherwise determined by vote of the annual, missionary,
or provisional conference, the treasurer of a local church or pastoral charge
shall remit such contributions to the General Board of Pension and Health
Benefits related to the participant's compensation that is provided from local
church funds. If compensation from the local church or pastoral charge is
supplemented from other church sources, pension and benefit contributions
related to such supplements shall be paid from that same source. If the entire
compensation for a participant is from a salary-paying unit other than a local
church or a pastoral charge, the unit responsible for compensation shall remit
the pension and benefit contributions to the General Board of Pension and
Health Benefits. Nothing in this paragraph shall be understood as preventing an
annual, missionary, or provisional conference from raising part or all of the
annual contributions for the pension program of its pastors by an apportionment
to the churches of the conference, remitting payments to the General Board of
Pension and Health Benefits on behalf of all the pastors covered; there is no
time limit on this provision.
18.
Actual compensation, limited by the denominational average compensation, is the
basic contribution base of the Ministerial Pension Plan and Comprehensive
Protection Plan. Other options setting the contribution base as actual
compensation limited by 150 percent of the denominational average compensation,
or actual compensation, may be elected by the annual conference or other
participating groups as they may determine. The above limits do not apply to
personal contributions or tax-deferred annuity contributions.
19. An
annual conference may establish a pension support fund to be administered by
the conference board of pensions. Local churches may request pension assistance
from this fund when special circumstances arise that result in nonpayment of
pension contributions and/or apportionments for pension and benefit purposes.
The board shall present its estimate of the amount required to the conference
council on finance and administration, which shall include it in its
recommendation to the conference. If the amount is approved by the conference,
it shall be apportioned as an item of clergy support.
20.
The annual conference board of pensions, in consultation with the General Board
of Pension and Health Benefits, shall have the responsibility to enroll clergy
of the annual conference in the Ministerial Pension Plan and the Comprehensive
Protection Plan in accordance with the provisions of such plans (see ¶
337.1).
21.
Optional provisions contained in the Ministerial Pension Plan and Comprehensive
Protection Plan may be adopted by vote of the annual conference subsequent to
the receipt of a recommendation from the conference board of pensions.
The
recommended contribution rate for service rendered after December 31, 1985, for
the Ministerial Pension Plan is 12 percent of the contribution base. However,
for service rendered after December 31, 1985, the percentage of the
contribution base that may be paid to fund the Ministerial Pension Plan in any
one year will be limited to:
a) Twelve percent, if the then
current annuity rate is at least nine tenths of one percent of the conference
average compensation, as computed by the General Board of Pension and Health
Benefits.
b) For the period January 1,
1986, through December 31, 1989, not more than 11 percent, if the then current
annuity rate is at least eight tenths of one percent, but less than nine tenths
of one percent of the conference average compensation as computed by the General
Board of Pension and Health Benefits.
c) For the period January 1,
1986, through December 31, 1989, not more than 10 percent, if the then current
annuity rate is less than eight tenths of one percent of the conference average
compensation as computed by the General Board of Pension and Health Benefits.
d) Effective January 1, 1990,
11 percent, if the then current annuity rate is less than nine tenths of one
percent of the conference average compensation as computed by the General Board
of Pension and Health Benefits.