Study Committee Report
– Mandatory Retirement
The 106th Annual Conference of the Bible Fellowship Church, finding no clear mandate in the Faith and Order concerning the eligibility of retired ministers for service on Boards and Committees of Annual Conference, passed legislation establishing a committee to study the question of the retirement of ministers and the place that retired ministers may take in Conference committees. This was accomplished by the following resolution:
WHEREAS there is a mandatory retirement age for ministers serving as pastor of a particular church but there is no clarification of the application of mandatory retirement for either ministers or laymen serving on Annual Conference Boards or Committees,
RESOLVED that the Chairman appoint a Committee of 3 ministers and 3 laymen to study the legitimacy of the mandatory retirement age for ministers, and further
RESOLVED that the committee formulate rules regarding elections based on the results of this study.
The Committee has met and deliberated prayerfully. It now presents the following study to the 107th Annual Conference.
In this paper, we have undertaken to study the Bible’s provisions for retirement as well as examples within other churches and in business and industry. It becomes clear in all aspects of our study that Annual Conference needs to reconsider its rules for the retirement of its pastors and for their election to boards and committees.
The Bible and Mandatory Retirement Age
The Bible offers little information about the concept of retirement. In American culture, it is thought to be the golden goal to which all ought to aspire. Those who work hard and invest their money well, can, if all goes well, rest from their labors. In a nutshell, the desire of retirement is to be free from the necessity of working.
In a general way, we can see that God made man to work (Gen. 2: 15). Work is not something to be escaped (2 Thess. 3:10) and is not in itself the result of the curse. It is part of the way in which men and women find joy and satisfaction in life (Ecc. 2:24). Even though work is disagreeable at times because of the curse (Gen 3:17-19), still man finds fulfillment in achieving a living by the sweat of his brow.
The Bible’s Attitude About the Aged
Throughout the Bible, it is clear that the aged are held in high regard. The accumulated experience of a person who has lived many years is to be valued and respected. Several passages indicate this quite clearly:
Lev. 19:32 — You shall rise up before the grayheaded, and honor the aged, and you shall revere your God; I am the LORD.
Prov. 16:31 — A gray head is a crown of glory; it is found in the way of righteousness.
Prov. 20: 29 — The glory of young men is their strength, and the honor of old men is their gray hair.
The New Testament church called its leaders elders. This terminology was carried into the church from the synagogue. Although the word came to signify spiritual stature rather than age, the word elder implies someone who is older.
Retirement Age in the Bible
The only clear reference to a mandatory retirement age is found in connection with Levitical priests. Num. 8:24-26 states, “‘This is what applies to the Levites: from twenty-five years old and upward they shall enter to perform service in the work of the tent of meeting. But at the age of fifty years they shall retire from service in the work and not work any more. They may, however, assist their brothers in the tent of meeting, to keep an obligation; but they themselves shall do no work. Thus you shall deal with the Levites concerning their obligations.'” This mandated retirement at fifty years is mentioned several times in the book of Numbers (4:3, 23, 30, 35, 39, 43). Note, however, that while the retirement age remained constant, the starting age changed (Num 4 — 30; Num 8 — 25; 1 Chron. 23:24 — 20). The reference in 1 Chron. may indicate that the initial age is based on the demands of the work (1 Chron. 23: 25-27 — For David said, “The LORD God of Israel has given rest to His people, and He dwells in Jerusalem forever. And also, the Levites will no longer need to carry the tabernacle and all its utensils for its service.” For by the last words of David the sons of Levi were numbered from twenty years old and upward.). The increase in the overall age span from 20 to 30 years may possibly be an indication of what a strenuous task carrying the Tent of Meeting and its equipment had been. There is no satisfying explanation for the mandatory retirement at fifty years of age, but it appears to be associated with the demands of the work.
Biblical Examples of Service in Old Age
Moses lived to be 120 years old. According to the Scriptures, he was still vigorous and capable of going on (Deut. 34:7). There is no evidence that his capacity for leadership had diminished in any way.
Joshua lived to the age of 110 (Josh. 24:29). His final communications with the people show that his energy levels had not decreased much. The final chapters of Joshua may indicate that he was preparing to retire, but if that is so, it was not for health reasons, but rather because he had finished his task.
Eli, who lived to the age of 98, is presented as a man whose advanced years were a detriment to him (1 Sam. 2:22, 3:2, 4:15, 18). Although his experience and wisdom were helpful to Samuel when the Lord spoke to him in the night, he was unable to do what was needed in his family or in his nation.
Even in Samuel’s case, age was a factor. When the people came requesting a king, they cited the old prophet’s age as part of the problem (1 Sam. 8:5). Still, the real cause for their request was the incapability of younger men, Samuel’s sons, to assume their father’s responsibility.
There is also evidence that King David’s age became a problem (1 Kings 1:1). The early chapters of 1 Kings describe a paralysis of leadership and the maneuverings of the court to appoint a successor to the aged king. The scheming came to an end only when David decisively appointed Solomon as the king and relinquished his leadership.
Summary
From this Scriptural evidence, we can draw the following conclusions:
1. Work is good for man and is to be a significant part of his experience on the earth. The one instance of mandatory retirement appears to be required because of the physical demands of the work. This appears to show us that some types of employment may be unsuitable for older workers. Nevertheless, there is insufficient Biblical evidence to support mandatory retirement at some predetermined age.
2. We ought to view people of age as people who can make a valuable contribution because of their wealth of experience. Not only is it foolish to ignore that experience, but removing older people from our work solely on the basis of their age denies us the benefits of their wisdom.
3. Each person needs to be considered individually. The undiminished strengths of some are counterbalanced by the decline of others.
Retirement Practices in Other Denominations
The retirement practices of eight other Protestant denominations have been determined.
Of the eight, only two have a mandatory retirement age. Ministers in the United Methodist Church must retire at the age of 70. This is also the mandatory retirement age in the American Lutheran Church, but congregations vote annually on the retention of pastors 65 or older.
The remaining six denominations (American Baptist Church, Church of the Brethren, Evangelical Free Church, General Conference Mennonites, Presbyterian Church in America, United Church of Christ) have no mandatory retirement age. The only differences lie in the treatment of pensions.
Retirement Practices in Business and Industry
For more than a decade, it has become increasingly evident that the application of mandatory retirement, whether at 65, 70, or another arbitrary age, is diminishing. It is neither a real goal of most employees nor a benefit to our economy.
No matter what the retirement age, many of those forced out of work find it necessary to find substitute employment. Whether to fill a void in their daytime schedules or provide additional income in the face of insufficient pensions, these retired but working individuals refuse to give in to a bureaucratic mandate. Most of them end up working for a much smaller income than they would have earned in their former positions.
Even in this situation, though, these workers are the beneficiaries of pension plans and Social Security annuities. Certainly in the latter, and often in the former, they are dependent upon the contributions of younger workers still in an active status. News reports show vividly the effect of the increase in the number of recipients of Social Security benefits. Soon every retired worker in the United States will be supported by two active workers.
For these two reasons, as well as others, Congress passed the Age Discrimination in Employment Amendment of 1986, which eliminated mandatory retirement age provisions in employment regulations. What few exceptions were included in that legislation have been effectively eliminated in the meantime.
This has left employers with a real human resource management problem: confronting and dealing with performance problems. This is because the only valid reason for requiring an employee to retire now is that individual’s inability to carry out the job properly.
Thus, the retirement situation in business and industry now is such that employers who abide by the federal standards will need to formulate clear policies concerning performance standards which will apply to all active employees, regardless of age. Employees who are in their advanced years, on the other hand, will need to be conscious of their own performance and be willing to measure it against a realistic standard.
Provision for Committee Membership in Previous Versions of the “Faith and Order”
The current edition of the Faith and Order contains no provision for committee membership on the part of retired ministers. Yet, as recently as 1977, the Faith and Order contained this paragraph:
All retired ministers willing to serve are eligible for election to Boards and Committees (p. 65).
The current form of what is now Article X (p. 132) was introduced at Annual Conference in 1977 and passed on first reading. It was adopted on second reading in 1978. A new paragraph was introduced in 1981, however, and passed on first reading. Constituting an inserted paragraph 4 in the six-paragraph article, it read:
A minister who retires may serve as a minister in any elective or appointed position only until his current term of office is completed. A retired minister may serve in an advisory capacity on any conference board or committee at the request of the particular board or committee (Yearbook, p. 35).
This additional paragraph was never approved on second reading.
Conclusions
Our charge consists of two distinct questions: Is the current mandate of retirement of ministers at age 72 legitimate? Should retired ministers serve on boards and committees of Annual Conference?
The committee does not find sufficient Biblical support for a mandatory retirement age. It does find, however, that an unwillingness of some aging pastors to recognize a decrease in capability and an unwillingness of some churches to call this to the attention of those to whom it applies are the primary justification of such a rule. But, as it was noted in the study of the situation in business and industry, abolishment of an absolute retirement age requires methods by which performance can be monitored, evaluated, and confronted when it is in decline. Our answer to that need is recommendation 1 below.
Similar reasoning leads to the conclusion that it is not necessary to preclude the membership of all retired ministers on committees and boards. Certainly this is not the case with laymen. We therefore offer recommendation 2 concerning this situation, noting that the nomination process offers ample provision for evaluation of the work of any member, lay or clerical, retired or not.
Recommendations
1. The general form of our first recommendation is that mandatory retirement, as expressed in the Faith and Order, be rescinded and replaced by a procedure in which pastors who have reached a specified age must submit to an annual congregational vote on their calls. These changes should be considered together and will be moved as legislation on First Reading. (In the following, material to be deleted is enclosed in brackets ([]) and material to be inserted is printed in boldface.)
Article III (p. 123), para.2 and 4:
Article III: Retirement from the Ministry
Any minister of the Bible Fellowship Church who has attained the age of 65 years or who has completed at least 40 years of eligible service with the Bible Fellowship Church may retire from active service and receive retirement benefits.
[Any minister of the Bible Fellowship Church who has attained the age of 72 years must retire from active service by the end of the month in which he becomes 72 years of age.]
Any minister of the Bible Fellowship Church who has rendered at least 30 years of eligible service to the Bible Fellowship Church, and who has not attained 65 years of age, may retire early from active service, but shall not receive retirement benefits until he has attained 65 years of age.
Any minister of the Bible Fellowship Church who has attained the age of 68 may continue in active service at his current charge if he receives a two-thirds majority of votes on a question of whether to retain him or not. This vote shall be taken by ballot at the next regular congregational meeting following his 68th birthday and each year thereafter. At this meeting, the following question shall be put to the congregation: “Shall we retain our pastor?” When a minister fails to receive a two-thirds majority in this vote, the Board of Elders shall promptly review his status with them.
Years of eligible service shall be calculated beginning with the date of licensing and ending with the effective date of retirement set by the Credentials Committee [, or in the case of mandatory retirement, at the end of the month in which the retiree becomes 72 years of age]. Any years of active service for which the minister has failed to make required payments into the fund shall not be considered eligible service.
Para.5 is unchanged.
Under Legislation Concerning the Retirement Fund (p. 148, amended in 1987: addendum page 6):
VI. Retirement Age.
A. A minister of the Bible Fellowship Church who has attained the age of sixty-five (65) years may retire from active service.
[B. A minister must retire at the end of the month in which he attains the age of 72 years.]
B[C]. A minister who has given 25 years of eligible service to the Bible Fellowship Church may retire from the active ministry prior to age sixty-five (65) but shall not begin to receive an annuity until age sixty-five (65).
Page 170, under Categories of Ministry
IV. Ordained Ministers in Retirement
[A. These men draw retirement benefits from the Bible Fellowship Church.
1. A minister of the Bible Fellowship Church who has attained the age of 65 years may retire from active service.
2. A minister must retire at the end of the month in which he attains the age of 72 years.
3. A minister who has given 30 years or more of service to the Bible Fellowship Church may retire from active ministry prior to age 65 and be eligible for an annuity at age 65.]
These are men who have retired under the provisions of Article III: Retirement from the Ministry (pp. 123-24). (FIRST READING)
2. Our second recommendation is that the paragraph concerning board and committee membership by retired ministers which was deleted from the 1977 Faith and Order be reinstated as the fourth paragraph of Article X: General Rules of Elections and Resignations (pp. 132-33):
All retired ministers willing to serve are eligible for election to Boards and Committees. (FIRST READING)
Study Committee on Mandatory Retirement Age: Frank L. Herb, Jr., Chairman; George K. Monroe, Secretary; Roy A. Hertzog; L. James Roberts, Jr.; Henry U. Sandt, Jr.; Richard E. Taylor.