CHAPTER III
THE EXECUTIVE COMMISSION
I. Its Powers
¶ 105. 1. The
Executive Commission shall be the Executive Committee of the Board of Administration.
2. This commission shall make all apportionments,
administer funds for the bishops’ salaries, and the Church and Parsonage
Aid Society.
3. It shall be the Board of Directors of
the Free Methodist Publishing House and shall have advisory supervision
of all church property.
4. The Executive Commission shall constitute
the Court of Appeals, whose decision shall be final. Should any member
of this court be absent or disqualified to sit, his place shall be filled
pro tern by the Board of Administration from its members, or, if any are
disqualified. from a list of members of the church at large approved by
counsel for both sides; so that no appeal shall be heard except before
a full court. The Court of Appeals shall, if necessary, hold a session
once a year, for the purpose of trying all appeals that may be taken thereto
by any traveling preacher from the decisions of an annual conference. The
bishop who is a member of the Executive Commission shall ordinarily preside
over the court; but should he be absent or disqualified, the Board of Administration
shall elect one of the other bishops to preside.
5. The Executive Commission shall have the
power to decide all questions of law referred to it in the interim of the
General Conference. In case of any alleged legal irregularities in a trial
court, where such court shall deliver a verdict against the church, the
prosecution may, upon a written recital of such irregularities, apply to
the Executive Commission or the General Conference for a writ of review,
and it shall be the province of that body receiving such application to
review the proceedings of the lower court as recited, and if such body
shall find the alleged irregularities to exist, the case may be remanded
for a new trial, but such case can be remanded but once.
6. The Executive Commission shall have power
to make such preliminary arrangements for the public services of the General
Conference as it may deem necessary.
7. The Executive Commission shall fix the
salaries of the General Conference officers.
8. Deficiencies of any conference in the
payment of its general assessed claims shall be prorated to the various
general funds according to the ratio of the amounts of the assessments.
These deficiencies shall be deducted from benefits receivable by such conference
as follows:
Deficiencies in Bishop’s salaries, General
Missions and Evangelistic Fund shall be deducted from the General Missions
appropriations.
Deficiencies in the Conference Claimants’
assessment shall be deducted pro rata from the amounts due claimants.
Deficiencies in General Conference entertainment
and delegates’ expenses shall be deducted from the expense allowances to
delegates at the next General Conference.
Deficiencies in Church Extension and Church
and Parsonage Aid shall be deducted from appropriations from either of
such funds.
Such deficiencies as are not deducted or
paid shall be held as a lien against subsequent appropriations. The general
treasurer shall keep a record of these deficiencies and report the same
to the conferences which are deficient and publish them in his annual report
to the Board of Administration.
9. The acts of the Executive Commission
shall be subject to the approval of the Board of Administration except
when it sits as an appellate court.
II. Plan for Conference Claimants
¶ 106. Section
1. The Conference Claimants’ Fund.
The funds to be collected, administered and used for the benefit
of superannuated preachers or their widows and orphans, the widows and
orphans of ordained traveling preachers, and retired missionaries who have
labored under the appointment of the Commission on Missions of the Free
Methodist Church, shall be known as the Conference Claimants’ Fund and
shall be divided into the Permanent Endowment Fund, the Administrative
Fund, and the Reserve Fund.
A. The Permanent Endowment Fund
shall consist of such funds and investments as are now held and known as
the Permanent Endowment Fund, and gifts, bequests, legacies and annuities
which may be received for this purpose.
B. The Administrative Fund shall
consist of the income accruing from the Permanent Endowment Fund: gifts,
bequests and legacies specifically designated for the use of the Administrative
Fund; collections received from the several conferences for general assessed
claims levied by the Board of Administration for the Conference Claimants’
Fund; sixty per cent annually of the net profits of the business of the
Publishing House; income from the investment of Publishing House funds;
and contributions received from preachers and missionaries who may •become
beneficiaries of the Conference Claimants Fund, according to the provisions
of section 2.
Any annual surplus in this fund shall be
transferred to the Reserve Fund; but should there be a deficit in the Administrative
Fund in any year, an amount sufficient to eliminate such deficit shall
be transferred from the Reserve Fund.
C. The Reserve Fund shall consist of such
surpluses as may occur in the Administrative Fund from year to year, Sunday-school
offerings received on Superannuate Day and any offerings, gifts, bequests,
legacies and annuities that may be received for this fund. The purpose
of this fund is to provide a reserve to insure the payment of claims to
those who become beneficiaries under the Contributive Plan. This Fund shall
be invested only in obligations of the United States government, the income
from which shall be added to the Reserve Fund.
Section 2. The Contributive Plan.
It shall be the duty of every pastor, evangelist,
district elder, general officer, bishop, educator, missionary, and in fact
every one who will be eligible to superannuation, to file, at the time
of his annual conference, a certificate with the Executive Secretary of
the Annual Conference Board of Claimants, hereinafter called Certificate
of Income, stating the amount of his total income for that conference year,
namely: all funds received for ministerial support such as salary, special
offerings, receipts for evangelistic services and any other income accruing
as a result of his position under conference appointment. Evangelists and
District Elders may deduct actual traveling expenses in excess of $150
00 subject to such regulations as may be adopted by the General Board of
Conference Claimants. He shall also give such other information on this
certificate as shall he requested by the General Board of Conference Claimants.
Those under appointment as evangelists shall give such information relative
to time, place of labors, income and expense as the General Board of Conference
Claimants may request.
Contributions to the Conference Claimants
Fund shall be 1 3/4 per cent of the amount of income as shown in the Certificate
of Income.
Contributions shall be paid in at the time
of filing the Certificate of Income and receipt therefore shall be issued
by the Executive Secretary of the Annual Conference Board of Claimants.
Should a preacher fail to make contribution
at the tune of filing such certificate and then subsequently desire to
do so, interest at the rate of 4 per cent per annum shall he charged from
the time the payment was due, provided such contribution is paid not later
than the next ensuing session of his annual conference.
Section 3. Administrative Organization.
A. The General Board of Conference
Claimants. The Board of Administration, shall constitute the General Board
of Conference Claimants. It shall he the duty of this board:
1. To pass upon all claims and make final
disposition of the same.
2. To draw up such regulations and prepare
such blanks as are necessary to the proper and efficient administration
of the work of the hoard and the operation of the Conference Claimants
Fund.
3. To estimate the amount necessary to be
raised in addition to endowment and other income, to pay the claimaints
and apportion the same pro rata upon the entire membership of the church.
To such apportionment shall be added an amount of not less than ten cents
per member to aid in building up the Endowment Fund.
B. The General Executive Secretary.
The Executive Secretary of the General Board shall be employed by the Board
of Administration. It shall be his duty:
1. To keep a record of all the proceedings
of the General Board and make a report of the same to the General Conference.
2. To receive, audit, classify, file, and
be custodian of all Claimants’ Applications, Annual Claimants’ Certificates
and Certificates of Income,
3. To receive and pass upon emergency claims
in the interim of the meetings of the General Board subject to action by
said Board.
4. To adjust amounts due on claims of deceased
claimants.
5. To keep a record of all claims allowed
and payments made on the same.
6. To direct the activities of the several
annual conference executive secretaries, and supply them with such blanks
and other record materials as are necessary.
7. To receive and credit to the individual
preachers’ accounts the contributions forwarded to him and turn such funds
over to the general treasurer, keeping a complete record of the same.
8. To travel through the connection and
assist in promoting the Conference Claimants’ Fund under the: direction
of the General Board of Conference Claimants.
9. To perform such other duties as shall
devolve upon him as executive secretary.
C. The Annual Conference Board
of Claimants. Each annual conference shall elect an Annual Conference Board
of Claimants of not less than three or more than seven members. The presiding
bishop or his appointee shall be ex officio chairman of this board during
the session of the annual conference. It shall be the duty of this Annual
Conference Board of Claimants:
1. To elect from its number an executive
secretary who shall be the executive officer of the board in the interim
of the annual conferences. The annual conference may elect the executive
secretary if it so desires.
2. To study and pass upon all claims, recommending
to the annual conference the amount of each claim. In no case, however,
shall income from insurance or life savings be considered as a reason for
reducing any claim in which contributive service constitutes all or part
of the service record.
3. To study and pass upon all Certificates
of Income and rate them on the basis of activity or service unhampered
by secular employment, such ratings to be reported to the annual conference
which shall have final jurisdiction.
4. To receive emergency claims in the interim
of annual conferences and recommend such claims direct to the General Board
of Conference Claimants. Such emergency claims shall be only temporary
and must be submitted to the next ensuing session of the annual conference
for action and recommendation to the General Board.
5. It shall be the duty of the executive
secretary of the annual conference board to assist the general executive
secretary in promoting the interests of the Claimants’ Plan in his conference.
He shall see that the Certificates of Income are properly filled out and
turned in by the preachers of his conference and issue receipts for contributions
paid in on the same, remitting such funds to the general executive secretary
as soon as possible. He shall also receive all Claimants’ Applications
and Annual Claimants’ Certificates, seeing that they are properly filled
out and contain all necessary information; transmitting them, together
with the Certificates of Income, to the general executive secretary after
they have been properly acted upon and certified.
Section 4. Classification of Claimants.
Claimants against the Conference Claimants’
Fund shall be classified as follows:
A. Superannuated preachers of
the traveling connection whose wives are living.
B. Superannuated preachers of
the traveling connection who are bachelors, spinsters, unmarried widowers
or unmarried widows.
C. Unmarried widows of superannuates
or preachers of the traveling connection.
D. Orphans of preachers or superannuates
of the traveling connection.
E. Missionaries, or their widows
and orphans, who have served under the appointment of the Commission on
Missions in foreign fields end who are not full members of an annual conference
in the United States or Canada.
Section 5. Schedules of Benefits to Claimants.
Benefits to claimants shall be paid according
to the following schedules and in no case shall any claim be allowed in
excess of or contrary to the regular disciplinary allowance. For those
who begin effective service at the time of their annual conferences in
1935 or subsequently. the allowance shall be based upon the number of years
of effective and contributive service only.
A. The allowance to claimants
who come under Classification A in Section 4 shall be at the rate of $10.00
per year of effective and contributive service up to a maximum of 36 years,
making a full claim of $360.00 per year.
B. The allowance to claimants
who
come under Classifications B and C in Section 4 shall be at the rate of
$7.00 per year of effective and contributive service up to a maximum of
36 years, making a full claim of $252.00 per year.
C. In the case of those coming
under Classification D of Section 4, the Annual Conference Board of Claimants
shall estimate an amount, not to exceed $36.00 per annum for each child,
for the subsistence of such orphan child or children until same shall have
arrived at the age of sixteen years.
D. In the case of those coming
under Classification E of Section 4, the amount allowed shall be recommended
by the Commission on Missions in accordance with the schedules in this
Section.
E. In the case of those who
have already had effective service records at the time of their annual
conferences in 1935 and u-ho superannuate thereafter, the allowance shall
he based upon the number of years of effective Service up to the end of
the conference year in 1035. provided that not more than 25 such years
may he counted for those in Class A, nor more than 28 years for those in
Classes B and C, and the number of years of effective and contributive
service thereafter, up to the maximum number of years allowed altogether
as stated in schedules A and B.
F. The allowance for those who
come under Classification C of Section 4 who were married before the General
Conference of 1031 shall he computed upon the basis of the husband’s effective
and/or contributive service as provided in the schedules in this section.
G. In the case of those who
are eligible as claimants under any classification in Section 4 at the
close of the conference year in 1935, the amount of claim shalt be figured
at $10.00 per year of effective service for Classification A and $7.00
per year for Classification B and C, provided, however, the amount of said
claim shall not be less than the amount actually received during the conference
year 1934-5 nor more than the maximum allowance under the law in effect
prior to the General Conference of 1935; and provided further, that no
Class B or C claimant shall be eligible to receive more than $200.00.
Section 6. General Regulations.
1. By “effective service” is meant the time
actually employed by a preacher as directed by his conference subsequent
to the time he was received into full connection in the traveling connection.
By “effective and contributive service” is meant the time actually employed
as stated under “effective service” and in which he contributed his ratable
portion according to the amount shown on his Certificate of Income.
2. If a preacher shall take a certificate
of location and subsequently be restored to conference membership, the
years of effective, or effective and contributive service, prior to location
may be restored by the General Board only upon recommendation of the conference
which granted the certificate of location and upon the further condition
that such restoration is for the purpose of re-entering effective service;
provided said preacher shall have remained a member of the Free Methodist
Church during the years of his location and that not more than ten years
shall have elapsed since his location.
3. If a preacher withdraws from the church
or is expelled, all rights and claims are forfeited; and should he be readmitted
to the church and conference, and afterward be superannuated, the years
prior to his withdrawal or expulsion shall not be restored to his service
record.
4. If a preacher who has had effective service
under the Commission on Missions joins an annual conference in full connection
after serving on trial, such years of service on trial may be counted in
his service record upon the recommendation of his annual conference, provided
he has fulfilled other requirements for effective and contributive service.
5. If, subsequent to the General Conference
of 1931, a minister shall marry while a member of the conference, and before
he is superannuated, the claim allowed his widow shall be based only upon
the years she labored with him in effective and contributive service.
6. Claimants shall receive benefits only
so long as they remain members of the Free Methodist Church.
7. Widows of preachers and superannuates
shall receive benefits from the Conference Claimants Fund only so long
as they remain single.
8. All claimants shall file an original
Claimant’s Application in duplicate on blanks provided by the General Board
of Conference Claimants containing such information as said Board shall
deem necessary. Each subsequent year an Annual Claimant’s Certificate,
to be provided by the same general hoard and containing information as
to the continuation of the same general status of the claimant, shall be
filed by all claimants. Both of these blanks shall be filed with the Executive
Secretary of the Annual Conference Board of Claimants in time for action
at the annual conference.
9. In all eases, a claimant shall have the
right to appear in person or by counsel before the Annual Conference Board
of Claimants to present his case. in case of an irreconcilable difference
between the claimant and his Annual Conference Board, said claimant shall
have the right of appeal to the General Board of Conference Claimants where
final disposition shall be made.
10. All claims shall be paid from the General
Treasury quarterly beginning January 2nd of each year and according to
the following schedule: 20% of the claim for each of the first two quarters
and 30% each for the third and final quarters. The general treasurer is
authorized to withhold payments for the third and fourth quarters to claimants
of any conference which is in arrears in the payment of its general assessed
claims. Any amounts so withheld shall not be in excess of deficiencies
as provided in 105, Sec. 2.
11. The Board of Administration is empowered
to amend such regulations as may he found necessary.
12. No minister shall be eligible as a claimant
until he shall have attained the age of sixty-five years, except in case
of mental or physical disability which disqualifies him for service, such
exception to be finally determined by the General Board of Conference Claimants.
III. Church and Parsonage Aid
¶ 107. 1. The
Board of Administration shall constitute the General Church and Parsonage
Aid Society of the Free Methodist Church of North America.
2. The object of this society shall be to
aid churches or societies in rebuilding churches or parsonages which have
been destroyed totally or in part. This is to be construed to mean church
buildings, parsonages, barns and garages.
3. This society shall publish in the Annual
Minutes an annual report of its work and also submit a full report quadrennially
to the General Conference.
4. The Annual Conference Church Extension
Society shall constitute the Conference Church and Parson-age Aid Society.
5. The Conference Church and Parsonage Aid
Society shall be auxiliary to the general society and shall pass upon all
applications for aid arising from the loss of, or damage to, church or
parsonage property within the conference.
6. The conference society shall make a full
report of its work to the conference at its annual session.
7. The provisions of this society shall
apply also to the district parsonages, and to homes of superannuated preachers
when owned by the annual conference.
8. In case of loss to church or parsonage
property it shall be the duty of the official board to appoint three persons
who with the district elder of the district and the pastor of the church
shall constitute a board of appraisers. This board shall send the estimate
of loss to the Conference Church and Parsonage Aid Society.
9. The amount of aid given any church or
society shall not be more than one-half of the net loss, and in no case
shall exceed $1,000. However, in case both church and parsonage are destroyed
wholly or in part at one time, and in case the two are in separate buildings,
then the above allowance shall be paid for each building.
10. The Church and Parsonage Aid Fund shall
protect the household goods of all ministers under appointment by, and
in the active service of, the Free Methodist Church, and all superannuated
preachers. to the extent of one-half of their net loss, but in no ease
to exceed $300 00.
11. All applications for aid shall be in
accordance with blank forms furnished by the Executive Commission.
12. The adjustment of the claim shall be
upon the concurrent action of the Executive Commission and the annual conference
society.
13. It shall be the duty of each preacher
in charge of a circuit to raise for church and parsonage aid a sum not
less than ten cents per annum for each member in full relation and forward
the same through the conference treasurer to the treasurer of the general
society.
14. In case of emergency, the Executive
Commission shall have power to make a special call for funds to meet such
special need.
15. Should any conference be deficient in
the payment of its assessment for this fund, such deficiency shall constitute
a lien against any claim made upon the Fund by a society or beneficiary
in the conference and shall be deducted from such claim at the time payment
is made by the general treasurer.
In the event that it is impossible to deduct
the lien in any one year, it shall be held over for future deduction unless
the deficiency in assessment is paid by the conference.
¶ 107 1/2.
If any church society, Free Methodist Publishing House, or any school or
benevolent institution recognized by the Free Methodist Church desires
to secure additional aid from this fund other than is allowed in the regular
provision of this chapter, such special aid may be had upon the following
conditions:
1. Such society, school, benevolent institution
or Publishing House shall contribute to the Church and Parsonage Aid Fund,
for each one hundred dollars of special aid desired, an amount equal to
60% of the regular board rates as established for insurance purposes in
the several states and communities in which the property is located.
2. Each building shall be aided under separate
application to he made by the society or institution desiring the aid.
3. This special aid shall be limited to
a. The actual loss, not exceeding the amount
of aid applied for.
b. The net loss after any allowances for
insurance or protection has been paid (if any) from other sources.
4. If any society shall take advantage of
this “special provision,” then that society shall in addition have the
benefits provided for under Paragraph 107.
5. In case of loss, the Church and Parsonage
Aid Society shall have the option either to replace what is destroyed,
or pay the aid in cash, to which the applicant is entitled.
6. No credit shall be extended to any church
or institution under the provisions of this chapter. The aid hereby provided
for shall automatically cease with the expiration date, unless the contributions
herein provided for shall have been paid promptly upon the due date,
7. No application made under the provisions
of this chapter shall become effective until approved by the Executive
Commission.
8. The Executive Commission shall provide
application blanks, agreements for special aid, and shall have power to
do any and all things necessary to put -into effect the special provisions
of this chapter.
9. In the event a loss shall be sustained
by an applicant, then the Church and Parsonage Aid Society may send a special
representative or employ an adjuster to adjust the claim of any applicant,
and the decision of the Church and Parsonage Aid Society shall be final.
10. It shall be expressly agreed and understood
between the Church and Parsonage Aid Society and any applicant applying
for special aid under the provisions of this chapter, that said agreement
for special aid shall in no sense constitute a contract of insurance or
indemnity, the laws of any state notwithstanding.
IV. The Publishing House
¶ 108. 1. The
Free Methodist Publishing House is an institution established by the Free
Methodist General Conference of North America for the purpose of producing
and circulating wholesome literature. It is duly incorporated under the
laws of the State of Illinois, with its business plant and official headquarters
at Winona Lake, Indiana.
2. The Executive Commission shall be the
Board of Directors of the Free Methodist Publishing I-louse and have general
supervision of the publishing interests of the church during the interim
of the General Conference sessions, and shall carefully examine into their
condition. It shall not, however, have power to change the site of the
Publishing House, except with the consent of three-fourths of all the members
of the Board of Administration who shall be present at a regularly called
meeting.
3. The publishing agent shall have authority,
under the supervision of the Executive Commission, to regulate the business
of the Publishing House in such a manner as in his judgment the interests
of the church require.
4. The publishing agent and editors shall
make annual reports to time Executive Commission, and shall also report
to the General Conference.
5. It shall he the duty of the assistant
publishing agent to co-operate with the publishing agent in planning and
carrying forward the business of the Publishing House, and, in the absence
of the publishing agent; to assume the ordinary duties of the publishing
agent.
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