what happens to personal property in a discontinued umc church
It has been a few hours since the General Council voted on approving the Traditional Plan and an Get out Programme for local churches who wish to exit the United Methodist denomination. The question for the local church building at present is whether it should consider leaving the denomination at this point in fourth dimension.
It is non articulate what parts of the Traditional Plan are constitutional or not. That leaves us with the Exit Program, which provides as follows:
Disaffiliation – Taylor – NEW Par. 2553 (90066-TC-¶2500-Yard)
Ameliorate, effective equally of the close of the 2019 Full general Conference, Chapter Six, Church Property, by adding a new Section VIII. Disaffiliation of Local Churches Over Issues Related to Human Sexuality, then by adding a new ¶ 2553 as follows:
¶ 2553. Disaffiliation of a Local Church over Issues Related to Human Sexuality.
1. Basis–Considering of the current deep conflict inside The United Methodist Church around bug of human sexuality, a local church building shall accept a limited correct, under the provisions of this paragraph, to disaffiliate from the denomination for reasons of conscience regarding a change in the requirements and provisions of the Book of Bailiwick related to the practice of homosexuality or the ordination or marriage of self-avowed practicing homosexuals as resolved and adopted past the 2019 General Conference, or the actions or inactions of its annual briefing related to these issues which follow.
Free Guide: Leaving the Methodist Church
Nosotros developed this complimentary guide to answer many of your questions about leaving the United Methodist Church building. Allow the attorneys of Dalton & Tomich, PLC help yous lead your congregation to a new showtime.
Download Now
2. Time Limits–The selection by a local church to disaffiliate with The United Methodist Church building nether this paragraph shall exist made in sufficient fourth dimension for the process for exiting the denomination to be consummate prior to December 31, 2023. The provisions of ¶ 2553 elapse on December 31, 2023 and shall non exist used later on that date.
iii. Initial Inquiry to disaffiliate from The United Methodist Church building–If the church council of a local church determines that the church wishes to consider disaffiliation from The United Methodist Church under this paragraph, that church building council shall submit a request to the district superintendent to begin this process. The district superintendent shall appoint a task force under ¶ 213 for the purpose of making findings and a recommendation to the district superintendent on whether the church will take a viable time to come within or outside The United Methodist Church. The provisions of ¶ 213.ii and ¶ 213.3 shall not apply. If the local church building, equally it exists at the time of the assessment, is found to have a feasible future, the district superintendent shall phone call a church briefing nether ¶ 248 for the sole purpose of deciding whether to disaffiliate from The United Methodist Church nether this paragraph, based upon the reasons in ¶ 2553.1. If the local church is found to not take a feasible hereafter, the district superintendent shall recommend closure under ¶ 2549, or have other advisable action, and all property of the local church shall remain with The United Methodist Church building according to the provisions of ¶ 2549.
four. Decision Making Process–The church conference shall be conducted in accordance with ¶ 248 and shall be held within one hundred xx (120) days after the district superintendent calls for the church building conference. In addition to the provisions of ¶ 246.8, special attention shall exist made to requite wide observe to the full professing membership of the local church regarding the time and place of a church briefing chosen for this purpose and to use all means necessary, including electronic communication where possible, to communicate. The conclusion to disaffiliate from The United Methodist Church building must be approved by a two-thirds (2/3) majority vote of the professing members of the local church present at the church building conference.
five. Process post-obit decision to disaffiliate from The United Methodist Church building–If the church conference votes to disaffiliate from The United Methodist Church building, the terms and conditions for that disaffiliation shall be established by the resident bishop of the applicable almanac conference, with the advice of the cabinet, the annual conference treasurer, the almanac conference benefits officeholder, the director of connectional ministries, and the annual conference chancellor. The terms and conditions, including the effective engagement of disaffiliation, shall be memorialized in a binding Disaffiliation Agreement between the annual conference and the trustees of the local church, acting on behalf of the members. That understanding must be consequent with the following provisions:
a) Standard Terms of the Disaffiliation Agreement. The Full general Council on Finance and Administration shall develop a standard class for Disaffiliation Agreements nether this paragraph to protect The United Methodist Church as fix forth in ¶ 807.nine. The understanding shall include a recognition of the validity and applicability of ¶ 2501, yet the release of belongings therefrom. Annual conferences may develop additional standard terms that are non inconsistent with the standard form of this paragraph.
b) Apportionments. The local church shall pay whatsoever unpaid apportionments for the 12 months prior to disaffiliation, as well as an additional 12 months of apportionments.
c) Grants. All grants received by the local church building from the annual conference or its ancillary organizations within five (5) years from the engagement of disaffiliation shall be repaid.
d) Holding. A disaffiliating local church building shall have the right to retain its existent and personal, tangible and intangible property. All transfers of belongings shall be made prior to disaffiliation. All costs for transfer of title or other legal piece of work shall be borne by the disaffiliating local church.
e) Pension Liabilities. The local church shall contribute withdrawal liability in an amount equal to its pro rata share of any amass unfunded pension obligations to the annual conference. The General Board of Alimony and Health Benefits shall determine the amass funding obligations of the annual conference using market factors like to a commercial annuity provider, from which the almanac conference will determine the local church'southward share.
f) Other Liabilities. The local church shall satisfy all other debts, loans, and liabilities, or assign and transfer them to its new entity, prior to disaffiliation.
g) Payment Terms. The understanding shall specify the terms and conditions of the payment to the annual conference for any sums related to ¶ 2553.5. b, c, and e. The term of payment shall not exceed ten (10) years.
h) Disaffiliating Churches Standing as Plan Sponsors of the General Board of Pension and Health Benefits Plans. The United Methodist Church believes that a local church disaffiliating nether ¶ 2553 shall continue to share common religious bonds and convictions with The United Methodist Church based on shared Wesleyan theology and tradition and Methodist roots, unless the local church expressly resolves to the contrary. As such, a local church disaffiliating under ¶ 2553 shall continue to be eligible to sponsor voluntary employee benefit plans through the General Board of Pension and Health Benefits under ¶ 1504.2, subject area to the applicable terms and conditions of the plans.
i) Once the disaffiliating local church has reimbursed the applicative annual briefing for all funds due under the agreement, and provided that there are no other outstanding liabilities or claims against The United Methodist Church as a result of the disaffiliation, in consideration of the provisions of this paragraph, the applicable annual briefing shall release any claims that it may have under ¶ 2501 and other paragraphs of The Book of Discipline of The United Methodist Church building unremarkably referred to as the trust clause, or under the agreement.
RATIONALE
Creates a consistent process for local churches who desire to disaffiliate from The United Methodist Church over disagreements related to man sexuality to receive their property while reducing the impact on the annual conference by paying their portion of conference pension liabilities, and other financial considerations.
Side by side Steps
If yous accept questions near how to exit the denomination, please contact attorney Daniel Dalton. Dan and his Dalton & Tomich, PLC partners specialize in helping local churches become independent, free to pb in their communities. We developed a guide to answer many of your questions nearly leaving the United Methodist Church building. Let one of the professionals at Dalton & Tomich PLC help walk y'all through this procedure.
Source: https://www.daltontomich.com/trust-clause/the-exit-plan-from-the-methodist-church/
0 Response to "what happens to personal property in a discontinued umc church"
Post a Comment