Synod PJC rules that presbyteries must
remit per capita to General Assembly
The Layman, March 26, 2012
The Permanent Judicial Commission of the Synod of the Trinity has ruled that although local churches may not be required to pay per capita or punished for failing to pay, presbyteries must remit per-capita payments to the synod and the General Assembly if funds are available.
Related articles:
Pittsburgh Presbytery pulls per-capita purse strings
A bigger per capita budget spread over fewer members results in rising rates
The unanimous (10-0) decision was made March 23 in the case of David C. Green, complainant vs. The Presbytery of Pittsburgh, respondent.
On Dec. 10, 2011 the presbytery amended its Manual of Presbytery to say “Presbytery shall only remit to the General Assembly the per-capita assessment it receives from the particular churches that is designated by those councils.”
The presbytery argued that adopting the new Form of Government in 2011, “the 219th (2010) General Assembly set aside the applicable previous decisions of General Assembly, Permanent Judicial Commission and Authoritative Interpretations since the General Assembly ‘chose not to include the strict construction language from the 1999 Authoritative Interpretation (Request 99-1).”’
The commission, however, stated that the relevant language for the issue is found in G-3.0106. The assembly, when approving the nFOG, added the clause: “but in no case shall the authority of the Session to direct its benevolences be compromised.” The commission said, “We do not believe the addition of this clause has changed the obligation of presbyteries to remit per capita to synods and General Assembly.
In its decision, the PJC quoted Authoritative Interpretation 07-11 “If language is approved that is identical to, or essentially the same as the language of constitutional provisions that have already been interpreted, current authoritative interpretations would continue in force.”
Due to that AI, the language in the former G-9.0404(d), now found in G-3.0106 places the responsibilities on presbyteries “to remit per capita allocations to synod and General Assembly, even though a congregation does not pay the per capita allocated to it by the presbytery.”
The commission also rejected the presbytery’s opinion that unrestricted funds could not be used for per capita.
“This issue has also been decided by General Assembly in the same authoritative interpretation. Furthermore this argument, if followed to its logical conclusion, would prevent general benevolence and undesignated giving from being used for any specific purpose. The failure to designate funds for a specific use does not carry with it an implication that the special use is unacceptable to the donor. If a donor finds a specific use unacceptable the gift becomes designated by the donor’s statement not to use the gift for that purpose,” the decision read.
While the decision did include a comment that the commission “has great sympathy for the financial plight of Pittsburgh Presbytery, the only constitutional remedy remains a currently undefined administrative process to demonstrate no funds are available within the presbytery, thereby excusing the failure to pay all, or a portion of, required per capita payments.”
The PJC’s comment continued that the “loss of per capita funds from financially strapped congregations is another issue altogether, and is addressed, in our opinion inadequately, by the vague standards relating to whether funds are available within presbyteries. Further, we would be remiss in not noting that reality of declining funding is a symptom, not the disease. The underlying causes must be prayerfully addressed at local, presbytery, synod and General Assembly levels, not in the denominational courts or in unconstitutional actions.”
An Oct. 31, 2011 presbytery report showed that presbytery’s churches were in arrears more than $783,024 in their per-capita payments. The 2011 deficit was expected to exceed $300,000. The presbytery was using undesignated reserve funds and adjusting downward its current mission allocations in order to make per-capita payments on behalf of churches that are withholding payment.
At the time of the December meeting, the presbytery treasurer’s report noted, “benevolence giving by congregations to support the mission budget of Pittsburgh Presbytery as well as direct giving to congregations and mission projects outside the budget has decreased by a total of $96,040 as compared to last year.”