On March 19, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
The Upper New York Annual Conference Of The United Methodist Church,
and
for Other Matters - Sale or Finance of Religious/Not for Profit Property
in the District Court of Oneida County.
Preview
FILED: ONEIDA COUNTY CLERK 03/19/2024 02:20 PM INDEX NO. EFCA2024-000714
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/19/2024
EXHIBIT G
FILED: ONEIDA COUNTY CLERK 03/19/2024 02:20 PM INDEX NO. EFCA2024-000714
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/19/2024
¶ 2553. Disaffiliation of a Local Church Over Issues Related to Human Sexuality—
1. Basis-- Because of the current deep conflict within The United Methodist Church
around issues of human sexuality, a local church shall have a limited right, 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
Discipline related to the practice of homosexuality or the ordination or marriage of self-
avowed practicing homosexuals as resolved and adopted by the 2019 General
Conference, or the actions or inactions of its annual conference related to these issues
which follow.
2. Time Limits--The choice by a local church to disaffiliate with The United Methodist
Church under this paragraph shall be made in sufficient time for the process for exiting
the denomination to be complete prior to December 31, 2023. The provisions of ¶ 2553
expire on December 31, 2023 and shall not be used after that date.
3. Decision Making Process--The church conference shall be conducted in accordance
with ¶ 248 and shall be held within one hundred twenty (120) days after the district
superintendent calls for the church conference. In addition to the provisions of ¶ 246.8,
special attention shall be made to give broad notice to the full professing membership
of the local church regarding the time and place of a church conference called for this
purpose and to use all means necessary, including electronic communication where
possible, to communicate. The decision to disaffiliate from The United Methodist
Church must be approved by a two-thirds (2/3) majority vote of the professing members
of the local church present at the church conference.
4. Process Following Decision to Disaffiliate from The United Methodist Church--If the
church conference votes to disaffiliate from The United Methodist Church, the terms
and conditions for that disaffiliation shall be established by the board of trustees of the
applicable annual conference, with the advice of the cabinet, the annual conference
treasurer, the annual conference benefits officer, the director of connectional
ministries, and the annual conference chancellor. The terms and conditions, including
the effective date 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 agreement must be consistent with the following
provisions:
a) Standard Terms of the Disaffiliation Agreement. The General Council on Finance and
Administration shall develop a standard form for Disaffiliation Agreements under this
paragraph to protect The United Methodist Church as set forth in ¶ 807.9. The
agreement shall include a recognition of the validity and applicability of ¶ 2501,
notwithstanding the release of property therefrom. Annual conferences may develop
additional standard terms that are not inconsistent with the standard form of this
paragraph.
b) Apportionments. The local church shall pay any unpaid apportionments for the 12
months prior to disaffiliation, as well as an additional 12 months of apportionments.
FILED: ONEIDA COUNTY CLERK 03/19/2024 02:20 PM INDEX NO. EFCA2024-000714
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/19/2024
c) Property. A disaffiliating local church shall have the right to retain its real and
personal, tangible and intangible property. All transfers of property shall be made prior
to disaffiliation. All costs for transfer of title or other legal work shall be borne by the
disaffiliating local church.
d) Pension Liabilities. The local church shall contribute withdrawal liability in an amount
equal to its pro rata share of any aggregate unfunded pension obligations to the annual
conference. The General Board of Pension and Health Benefits shall determine the
aggregate funding obligations of the annual conference using market factors similar to a
commercial annuity provider, from which the annual conference will determine the
local church’s share.
e) 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.
f) Payment Terms. Payment shall occur prior to the effective date of departure.
g) Disaffiliating Churches Continuing as Plan Sponsors of the General Board of Pension
and Health Benefits Plans. The United Methodist Church believes that a local church
disaffiliating under ¶ 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 to the applicable terms and conditions of the plans.
h) Once the disaffiliating local church has reimbursed the applicable annual conference
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
conference shall release any claims that it may have under ¶ 2501 and other paragraphs
of The Book of Discipline of The United Methodist Church commonly referred to as the
trust clause, or under the agreement.
Document Filed Date
March 19, 2024
Case Filing Date
March 19, 2024
Category
Other Matters - Sale or Finance of Religious/Not for Profit Property
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