wfn.org | UMNS# 05109-Judicial Council's spring docket includes new pension

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Judicial Council's spring docket includes new pension plan

Feb. 22, 2005	 News media contact:   Tim  Tanton * (615) 7425470*
Nashville {05109}

NOTE: A Judicial Council graphic is available at http://umns.umc.org.

A UMNS Report
By Neill Caldwell*

The United Methodist Church's highest court will hear 12 cases during
its spring meeting, with topics as diverse as clergy benefits,
handicapped accessibility in local churches and the Girl Scouts.

The Judicial Council will meet April 27-29 at the Sheraton National
Hotel in Arlington, Va., just before the United Methodist Council of
Bishops meets in the same location. The chancellors from the
denomination's annual conferences will also hold their biannual United
Methodist Legal Forum, and Judicial Council members and bishops have
been invited to participate.

The nine-member court will hear again an item related to a new clergy
plan developed by the United Methodist Board of Pension and Health
Benefits. The item is a request from the 2004 General Conference for a
decision on the constitutionality of Petition 40325 as adopted, "in
light of the broad new powers that it appears to grant to the General
Board of Pension and Health Benefits."

The Judicial Council heard oral arguments in October before deferring a
decision until the spring, and it will hear a second round of oral
arguments in this case when it meets in Arlington.

The 2004 General Conference, the denomination's top legislative
assembly, approved the board's proposal for a new Clergy Retirement
Security Program that would go into effect Jan. 1, 2007. The plan
differs from the current Ministerial Pension Plan in that it has a core
benefit of two components-a defined benefit and a defined contribution.
The Ministerial Pension Plan is primarily a defined contribution plan,
with contributions placed into a separate account for each participant.

Questions were raised on the floor of General Conference as to whether
the new pension plan takes away "certain powers and authorities which
have specifically been retained by the General Conference in the past."
Under the plan, the board would have the ability to change the program
between sessions of General Conference, and it could determine who is
eligible to participate.

Four items on the spring docket come from the California-Pacific Annual
(regional) Conference. The conference is requesting a decision on the
constitutionality of Paragraph 359.3c(2) of the 2000 Book of Discipline
concerning administrative location; a decision on the meaning,
application and effect of Paragraph 633 concerning the responsibilities
of the conference's administrative review committee; a decision on the
meaning, application and effect of Paragraphs 612 and 623 concerning
minimum base compensation and base compensation supplements for clergy
support; and a review of a bishop's decision of law concerning the
legality of incapacity leave of a clergy member.

The council will examine two items from the Illinois Great Rivers Annual
Conference. The first deals with Paragraphs 31 and 605.6 of the 2000
Book of Discipline with respect to the phrase "Conference Relations of
Clergy" and "the authority of an annual conference clergy session to
create programs, study teams and task forces on matters pertaining to
the maintenance, enhancement and support of the conference relations of
clergy." The second is a request for a decision on the legality under
the 2000 Book of Discipline of a resolution expressing appreciation of
the Girl Scouts of America.

Other docket items:

. A request from the Kansas East Conference for a decision on the
meaning, application and effect of the 2000 Book of Discipline
concerning a requirement that full-time clergy contribute to the cost of
health insurance.

. A request from the Northern Illinois Conference for a decision on how
Paragraphs 715 and 2532.6 of the 2000 Book of Discipline affect
disabled-accessibility in local church and district office facilities.

. A review of a bishop's decision of law regarding modifying the
structure of the Rocky Mountain Conference.

. A request from the Alaska Missionary Conference for a decision on the
constitutionality of 2004 General Conference Calendar Item 1017, which
deals with guidelines for lay membership of annual conferences.

. An appeal of the Rev. Ngoy Daniel Mulunda Nyanga on actions taken by
the West Congo Conference and the Central Conference of Africa. Mulunda
appealed actions taken by the conference regarding his ministerial
credentials; his appeal initially went to the committee on appeals of
the Central Congo Central Conference. Oral arguments have been requested
in this case.

The Judicial Council meets twice a year. Last October in Philadelphia,
the council ruled on 16 docket items.

# # #

*Caldwell is a freelance writer based in High Point, NC.

News media contact: Tim Tanton, Nashville, Tenn. (615) 742-5470) or
newsdesk@umcom.org.

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United Methodist News Service
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