Making Sense of Retirement for Pastors

Learn how to address the most common issues in retirement planning for pastors and church staff.

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Retirement compensation and benefits are frequently a concern of church leaders and pastors. It is common for churches to provide an option through denominational affiliations. While others may offer their own plan, they aren’t confident it is the best. Others offer nothing at all.

This webinar recording is presented by Matthew Branaugh, Church Law & Tax attorney and content editor, and attorney Danny Miller, covering retirement plan options, managing costs, and rules and regulations for pastors and church staff.

Panelists:

Danny Miller | Attorney

Matthew Branaugh | Attorney & Content Editor for Church Law And Tax

Reading & Resources: 

Download the resources and templates mentioned in this webinar below.

Key Tax Dates March 2023

Monthly and semiweekly requirements for depositing payroll taxes.

Monthly Requirements

If your church reported withheld taxes of $50,000 or less during the most recent lookback period (for 2023 the lookback period is July 1, 2021, through June 30, 2022), then withheld payroll taxes are deposited monthly.

Monthly deposits are due by the 15th of the following month.

Important Note: If withheld taxes are less than $2,500 at the end of any calendar quarter (March 31, June 30, September 30, or December 31), the church need not deposit the taxes. Instead, the church can pay the total withheld taxes directly to the IRS with its quarterly Form 941. Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes, and the employer’s share of Social Security and Medicare taxes.

Semiweekly Requirements

If your church reported withheld taxes of more than $50,000 during the most recent lookback period (for 2023 the lookback period is July 1, 2021, through June 30, 2022), then the withheld payroll taxes are deposited semiweekly with a bank.

This means that for paydays falling on Wednesday, Thursday, or Friday, the payroll taxes must be deposited on or by the following Wednesday. For all other paydays, the payroll taxes must be deposited on the Friday following the payday.

Note further that large employers having withheld taxes of $100,000 or more at the end of any day must deposit the taxes by the next banking day. The deposit days are based on the timing of the employer’s payroll. Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes (7.65 percent of wages), and the employer’s share of Social Security and Medicare taxes (an additional 7.65 percent of employee wages).

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Note: If a date listed for filing a return or making a tax payment falls on a Saturday, Sunday, or legal holiday (either national or statewide in a state where the return is required to be filed), the return or tax payment is due on the following business day.

Note: You must use electronic funds transfer to make all federal employment tax deposits. This is generally done using the Electronic Federal Tax Payment System, a free service provided by the U.S. Department of Treasury. If you don’t wish to use EFTPS, you can arrange for your tax professional, financial institution, or payroll service to make deposits on your behalf. Failure to make a timely deposit may subject you to a 10-percent penalty.

How SECURE 2.0 Affects Churches and Employees with Retirement Distributions, Enrollment Rules

Under SECURE 2.0, ‘Catch-Up’ limits increase, and employers soon can help employees more as they deal with student debt.

The aptly-named Setting Every Community Up for Retirement Enhancement Act (SECURE 2.0) is designed to:

  • increase retirement savings,
  • simplify and clarify retirement plan rules and,
  • encourage employees to contribute more to their retirement accounts.

Effective now

Mandatory distributions now set to begin at 73 (Section 107)

 
The minimum age jumped to 72 under SECURE 1.0. Now, under SECURE 2.0, the minimum age is 73. In 2033, it jumps to 75. The goal? Making sure people spend their retirement savings before they die instead of passing it on to future generations.

Also, Section 302 of SECURE 2.0 drops the required minimum distributions tax penalty from 50 percent to 25 percent for qualified plans. It drops even further (to 10 percent) if the failure to take a minimum distribution is corrected in a timely manner.


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Small—and immediate—financial incentives for contributing to a plan (Section 113)

While employers may provide matching contributions as a long-term incentive for employees to contribute to a retirement plan, they have not been allowed to offer immediate financial incentives for such activities.

SECURE 2.0 removes this barrier by allowing de minimis financial incentives, such as low-dollar gift cards, not paid for out of plan assets, to boost employee participation in 401(k) and 403(b) plans.

Penalty-free withdrawals for emergencies (Section 115)

SECURE 2.0 allows for once-a-year distributions from 401(k), 403(b), and Individual Retirement Account (IRA) plans of up to $1,000 for unforeseeable and/or immediate financial needs of a personal or family nature.

Taxpayers have up to three years to repay the money. While they’re repaying it, no additional emergency withdrawals are allowed.

Assisting states in locating owners of applicable savings bonds (Section 122)

Section 122 requires the Treasury Secretary to share certain relevant information with a state that relates to an applicable savings bond registered to an owner with a last known or registered address in that state.

The state can use that information to locate the registered owner in accordance with the state’s standards for recovery of abandoned property. Section 122 further requires the Treasury Secretary to develop guidance as may be necessary to carry out the proper disclosure and protection of such information.

Enhancement of 403(b) plans (Section 128)

403(b) plan investments were once generally limited to annuity contracts and publicly traded mutual funds to the detriment of charitable, public school, and college and university employees. Now, the law allows 403(b) custodial accounts to participate in group trusts with other tax-preferred savings plans and IRAs.

Retirement plan overpayment recovery (Section 301)

Retirement plan fiduciaries can now decide whether to recoup overpayments mistakenly made to retirees according to certain limitations and protections put in place to protect retirees.

Background: Through no fault of their own, retirees sometimes receive more money than they are owed under their retirement plans, which can cause problems when plan fiduciaries look to claw back those overpayments, with interest.

Updating dollar limits for mandatory distributions (Section 305)

Section 305 expands the Employee Plans Compliance Resolution System (“EPCRS”) to:
  1. Allow more types of errors to be corrected internally through-self correction,
  2. Apply inadvertent IRA errors, and
  3. Exempt certain failures to make required minimum distributions from the otherwise applicable excise tax. For example, Section 305 allows for correction of many plan loan errors through self-correction, which are a frequent area of error and can be burdensome to correct a single loan error through the Internal Revenue Service (IRS).

Any guidance or revision of guidance required by Section 305 shall be made widely known no later than 2 years after the date of enactment of this Act. Revenue Procedure 2021–30 (or any successor guidance) shall be updated to take into account the provisions of this section no later than 2 years after the date of enactment of this Act.

Employees can now certify hardship distribution conditions (Section 312)

Employees in need of a hardship withdrawal from an eligible retirement plan can now, under certain circumstances, self-certify that they’re in need of the funds and have no other options available to meet the need.

Section 312 is effective for any plan year beginning after the date of the enactment of SECURE 2.0.

Tax treatment of IRA involved in a prohibited transaction (Section 322)

Section 322, Tax treatment of IRA involved in a prohibited transaction. When an individual engages in a prohibited transaction with respect to his or her IRA, the IRA is disqualified and treated as distributed to the individual, irrespective of the size of the prohibited transaction. Section 322 clarifies that if an individual has multiple IRAs, only the IRA with respect to which the prohibited transaction occurred will be disqualified.

Exception to withdrawal penalties for terminally ill individuals (Section 326)

Section 326 provides an exception to the 10 percent tax on early distributions from tax preferred retirement accounts in the case of a distribution to a terminally ill individual.

Effective after Dec. 31, 2023

Higher ‘Catch-Up’ limits for IRA contributions (Section 108)

The $1,000 limit on IRA contributions is to be indexed for individuals who have reached age 50 starting with taxable years that begin after Dec. 31, 2023.

Help for those struggling to save while paying student debt (Section 110)

SECURE 2.0 permits an employer to make matching contributions under a 401(k), 403(b), SIMPLE IRA, or 457(b) plan with respect to “qualified student loan payments.”

What is a “qualified student loan payment?” Broadly defined, it’s “any indebtedness incurred by the employee solely to pay qualified higher education expenses of the employee.”

Starter 401(k) plans for employers with no retirement plans (Section 121)

An employer that does not sponsor a retirement plan can offer either a starter 401(k) or safe harbor 403(b) plan that would generally require all employees to be default-enrolled anywhere from a 3- to 15-percent deferral rate. Annual deferrals are capped at $6,000, with another $1,000 available for catch-up contributions after age 50. Section 121 becomes effective for plan years beginning after Dec. 31, 2023.

Emergency savings accounts linked to individual account plans (Section 127)

Employers can offer pension-linked emergency savings accounts to employees earning less than $150,000 in the previous year.

They can also opt employees into these accounts at no more than 3 percent of an employee’s salary up to $2,500, at which time additional contributions can shift to the employee’s Roth-defined contribution plan.

Contributions are made on a “Roth-like” basis (contributions are taxed upon deposit, but future withdrawals are not taxed) and can be matched dollar-for-dollar up to $2,500.

Employees can then pull from the accounts no more than four times a year without fees or charges and, upon separation from service, employees can cash these accounts out or roll them into another plan.

Updating dollar limits for mandatory distributions (Section 304)

Section 304 allows employers to transfer former employees’ retirement accounts from a workplace plan into an IRA if the balance is between $1,000 and $7,000, effective for distributions made after Dec. 31, 2023. (The previous balance limit for such transfers was $5,000.)

Penalty-free withdrawals for domestic abuse victims (Section 314)

Section 314 allows penalty-free withdrawals from retirement plans for domestic abuse victims.

A domestic abuse survivor may need to access his or her money in their retirement account for various reasons, such as escaping an unsafe situation. Section 314 allows retirement plans to permit participants that self-certify that they experienced domestic abuse to withdraw a small amount of money (the lesser of $10,000, indexed for inflation, or 50 percent of the participant’s account).

A distribution made under Section 314 is not subject to the 10 percent tax on early distributions. Additionally, a participant may repay the withdrawn money from the retirement plan over 3 years. They can then receive refunded income taxes on money that is repaid.

New hardship withdrawal rules for 403(b) plans (Section 602)

Historically, distribution rules for 403(b) plans have been more restrictive than those of 401(k) plans. SECURE 2.0 conforms 403(b) distribution rules to less restrictive 401(k) rules.

Effective after Dec. 31, 2024

Expanding automatic enrollment in retirement plans (Section 101)

Many Americans reach retirement age with little or no savings because they don’t participate in employer-sponsored retirement plans or they aren’t offered ones in the first place.

Section 101 requires 401(k) and 403(b) plans to automatically enroll all eligible participants (who can then opt-out if they so choose).

There is an exception for church plans, small businesses with 10 or fewer employees, new businesses (i.e., those that have been in business for less than 3 years), and governmental plans.

The automatic enrollment amount is at least 3 percent but not more than 10 percent. It is set to increase by 1 percent each year until it reaches at least 10 percent, but not more than 15 percent.

All current 401(k) and 403(b) plans are grandfathered.

Higher ‘Catch-Up’ limits based on certain ages (Section 109)

Per section 109, maximum catch-up contributions starting in 2025 jump from $6,500 ($3,000 for SIMPLE plans) to the greater of either (a) $10,000, or (b) 50 percent more than the regular catch-up amount for those ages 60 to 63. Increased amounts will be indexed for inflation after 2025. This takes effect for taxable years beginning after Dec. 31, 2024.

Retirement savings lost and found (Section 303)

Section 303 creates a national online searchable lost and found database for Americans’ retirement plans at the US Department of Labor (DOL). The database will help those who have lost track of a pension or 401(k) plan a way to search for contact information of their plan administrator. The DOL has until the end of 2024 to create the database.

Effective on or after Jan. 1, 2025

Improving coverage for part-time workers (Section 125)

For plans years starting on or after Jan. 1, 2025, employers will be required to allow long-term, part-time workers to participate in 401(k) and 403(b) plans either after 1 year of service (with the 1,000-hour rule) or 2 consecutive years of service (where the employee completes at least 500 hours of service).

Long-term care contracts purchased with retirement plan distributions (Section 334)

Permits retirement plans to distribute up to $2,500 per year for the payment of premiums for certain specified, high-quality, long-term care insurance contracts.

Effective after Dec. 31, 2026

Saver’s Match (Section 103)

Prior law provided for a nonrefundable credit for certain individuals who make contributions to a 403(b) plan or some other retirement plans.

Section 103 repeals and replaces the credit. It changes it from a credit paid in cash as part of a tax refund into a federal matching contribution. This contribution must be deposited into a taxpayer’s retirement plan.

A few details about the match:

  1. It is 50 percent of retirement plan contributions up to $2,000 per individual.
  2. It phases out between $41,000 and $71,000 in annual income in the case of taxpayers filing a joint return ($20,500 to $35,500 for single taxpayers or those married filing separate, and $30,750 to $53,250 for head-of-household filers).

SECURE 2.0 also directs the Treasury Department to increase public awareness of the Saver’s Match to increase use of the match by low- and moderate-income taxpayers.

Busted Pipes, Busted Budgets: Fighting Back Against Winter’s Hidden Risks

Eye-popping property damage insurance claims show why churches even in warmer states need to prepare and respond when winter weather looms large.

The nation’s three largest church insurers say massive winter storms hitting warm-weather states have created spikes in property damage claims—many of them triggered by busted frozen pipes that not only cause thousands of dollars in damages but disrupt worship services and other events.


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Greater awareness and responsiveness, particularly in regions unaccustomed to severe winter weather, can potentially thwart problems.

“As you get down into the warmer Southern states, the nature of the freeze and the damage that can be done can be pretty eye-opening,” warns Eric Spacek, assistant vice president of risk control for Church Mutual Insurance Company, which covers about 90,000 congregations. “This is a matter of stewardship. We’re always talking about how much better it is to prevent things from happening than to deal with it on the back-end.”

But pastors and leaders, particularly in the lower Midwestern, Southern, and Southeastern portions of the United States, often get caught off-guard by extreme winter weather. Frustrating and costly problems often ensue.

Historic storms, high claims

Two specific storms in recent memory—Winter Storm Uri (about $200 billion in damages) in February of 2021 and Winter Storm Elliott (about $5 billion in damages) during Christmas of 2022—underscore the size and scope of the emerging problem.

Claims poured in from churches immediately after both storms.

The average number of claims typically filed in December with Brotherhood Mutual Insurance Company, an insurer of more than 65,000 houses of worship in 47 states, hovers between 460 and 560, says Thomas Lichtenberger, the company’s assistant vice president of property claims.

Lichtenberger adds that, within a week of Elliott’s conclusion, 1,300 claims came in — 963 related to frozen pipes.

“Water damage from broken pipes—that’s not new,” says Tom Strong, director of risk control for GuideOne Insurance, which covers about 40,000 houses of worship in 48 states and received 257 claims tied to frozen pipes in the days following Elliott. “Where they occur—that’s the big change.”

Georgia, Texas, Missouri, and Alabama ranked among the top five for pipe-related claims for GuideOne, Strong says, with New York the lone cold-weather state to join them.

Meanwhile, the average size of GuideOne’s claims after Uri was about $30,000, a tally Elliott is expected to match based on early indicators, says James Balzarine, property claims director for the company.

Awareness and anticipation

Pastors and church leaders in traditionally warm weather states rarely encounter temperatures brought on by storms like Uri and Elliott, meaning their first-time experiences likely are unpleasant ones.

During Elliott, Charleston, South Carolina, broke a 33-year record low—20 degrees Fahrenheit—on Christmas Eve of 2022, while Athens, Georgia, did the same one day earlier, dropping to 11 degrees.

“Their history has not given them the idea that they should be prepared for this,” Strong says.

Even places better conditioned for wintry cold got socked by Elliott, leaving leaders scrambling.

Brotherhood Mutual still received 24 pipe-freeze claims from churches in Michigan after Elliott. Another 36 came from Indiana-based churches.

Denver plummeted to -20 degrees on December 22, 2022. One Colorado church insured by Church Mutual was alerted to a temperature drop in its building thanks to a sensor purchased through a company-sponsored program. A church leader discovered a propane outage upon arriving. A refill restored heat before pipes could freeze, Spacek says.

“You want to make sure to have the mindset that this could happen,” Lichtenberger says, adding many churches use their buildings a few hours on Sundays and maybe only one or two other days of the week.

Regardless of geography, when the forecast calls for storms bearing frigid cold, leaders should plan to visit their buildings multiple times each day throughout the storm.

“Be your own sensor,” Lichtenberger says.

Take Action: Fight back against freezes

Awareness and anticipation are valuable. Advanced preparation is, too. Note these tips from the American Red Cross and church insurers.

When cold is on its way or already arrived

  • Identify all the ways to shut off water in the building.
  • Know the location of the building’s main valve and how to turn it off.
  • Also know how to turn off water to the fire sprinkler system. One church hit by Elliott spent an hour searching for its system’s key and “just had to sit there and watch the water run” from a broken line, Spacek says.
  • Keep building thermostats above 55 degrees around the clock, despite the added expense.
  • Remember that buildings with one thermostat naturally hold that temperature in the surrounding area, but colder air will build outside its immediate radius, Spacek adds. Setting the temperature higher may be necessary to help rooms further away from the thermostat.
  • Also recognize situations when a higher thermostat setting may be needed because pipes exist in basements, crawl spaces, and attics or run along exterior walls.
  • Open cabinet doors below sinks so that warmer room air contacts pipes.
  • When applicable, temporarily remove ceiling tiles located below plumbing, including fire sprinkler lines, so that warmer air circulates around it. Leaders often forget about fire sprinkler lines, and those often freeze and break. The resulting damage can be worse since water cascades down and spreads.
  • Allow sink faucets to continuously trickle with hot and cold water—the movement makes it harder for water in the pipes to freeze.
  • Visit the building multiple times each day during the storm.

When a frozen pipe is suspected or discovered

  • Turn on faucets throughout the building to try and relieve pressure, especially as efforts to thaw a pipe begin, and to prevent other freezes from developing.
  • A plumber may be needed to find the location of a frozen pipe and resolve it. Remember that pipes can also freeze in multiple spots.
  • If you know the location (or locations) of a freeze:
    • Wrap an electric heating pad around the frozen section, advises the Red Cross.
    • An electric hair dryer or portable space heater also can be used, the Red Cross notes, but keep them away from flammable materials. Avoid using extension cords with devices, adds Spacek.
    • Towels soaked in hot water (if another water source is available) and wrapped around a pipe also can help.
    • Never use an open-flame device, such as a blow torch or propane heater, to thaw pipes.
    • If thawing occurs, but water pressure isn’t fully restored, call a plumber.
    • If a break occurs, immediately shut off the water source.

Warm weather steps

  • Consult with professionals about the type of insulation to use in walls and attics. When work gets done in walls or attic spaces, make sure insulation gets put back into place, Lichtenberger says.
  • Consider using pipe insulation, especially in basements, crawl spaces, and attics, notes Brotherhood Mutual.
  • Re-caulk around doors, windows, and recessed lighting fixtures.
  • Research costs for wireless monitors or sensors that detect water leaks as well as air temperature changes. During Elliott, Church Mutual estimates $2.36 million in property damage was avoided because of alerts triggered by sensors installed by its insured churches, Spacek says.
  • A portable generator may be worth an investment, although these should only be run outdoors and away from doors and windows, Spacek notes. Permanent generators are ideal, but expensive, and should be considered only when the return on investment is apparent. After all, power outages are a common culprit behind frozen pipes.
Matthew Branaugh is an attorney and editor for Church Law & Tax.

Key Tax Dates February 2023

Among other important items, quarterly federal tax returns are due along with Affordable Care Act forms 1095-C and 1094-C for employers with 50 or more FTEs.

Monthly requirements

If your church or organization reported withheld taxes of $50,000 or less during the most recent lookback period (for 2023, the lookback period is July 1, 2021, through June 30, 2022), then withheld payroll taxes are deposited monthly. Monthly deposits are due by the 15th day of the following month.

The 2023 Church & Clergy Tax Guide is available—preorder your print copy today or download the .pdf version now.

Note, however, that if withheld taxes are less than $2,500 at the end of any calendar quarter (March 31, June 30, September 30, or December 31), the church need not deposit the taxes.

Instead, it can pay the total withheld taxes directly to the IRS with its quarterly Form 941.

Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes, and the employer’s share of Social Security and Medicare taxes.

Semiweekly requirements

If your church or organization reported withheld taxes of more than $50,000 during the most recent lookback period (for 2023, the lookback period is July 1, 2021, through June 30, 2022), then the withheld payroll taxes are deposited semiweekly. This means that for paydays falling on Wednesday, Thursday, or Friday, the payroll taxes must be deposited on or by the following Wednesday.

For all other paydays, the payroll taxes must be deposited on the Friday following the payday. Note further that large employers having withheld taxes of $100,000 or more at the end of any day must deposit the taxes by the next banking day.

The deposit days are based on the timing of the employer’s payroll. Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes (7.65 percent of wages), and the employer’s share of Social Security and Medicare taxes (an additional 7.65 percent of employee wages).

February 10, 2023: Employer’s quarterly federal tax return due

Churches having nonminister employees (or one or more ministers who report their federal income taxes as employees and who have elected voluntary withholding) may file their employer’s quarterly federal tax return (Form 941) by this date instead of January 31 if all taxes for the fourth calendar quarter (of 2022) have been deposited in full and on time.

February 28, 2023: Filing 1095-C and 1094-C for applicable large employers and ACA compliance

Applicable large employers, generally employers with 50 or more full-time employees (including full-time equivalent employees) in the previous year, must file a Form 1095-C for each employee who was a full-time employee of the employer for any month of the previous calendar year by this date. Generally, the employer is required to furnish a copy of Form 1095-C (or a substitute form) to the employee.

The employer also files a Form 1094-C transmittal form with the IRS (including copies of each Form 1095-C). The purpose of this form is to ensure that applicable large employers are complying with the shared responsibility provisions of the ACA. Generally, you must file Forms 1094-C and 1095-C by February 28 if filing on paper (or March 31 if filing electronically) of the year following the calendar year to which the return relates. For calendar year 2022, Forms 1094-C and 1095-C are required to be filed by February 28, 2023, or March 31, 2023, if

filing electronically.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Key Tax Dates January 2023

Noting the key tax forms due this month, along with other recurring deadlines.

Monthly requirements

If your church or organization reported withheld taxes of $50,000 or less during the most recent lookback period (for 2023, the lookback period is July 1, 2021, through June 30, 2022), then withheld payroll taxes are deposited monthly. Monthly deposits are due by the 15th day of the following month.

Tip: The 2023 Church & Clergy Tax Guide is out—preorder your copy today (it will ship in January).

Note, however, if withheld taxes are less than $2,500 at the end of any calendar quarter (March 31, June 30, September 30, or December 31), the church need not deposit the taxes.


Instead, it can pay the total withheld taxes directly to the IRS with its quarterly Form 941. Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes, and the employer’s share of Social Security and Medicare taxes.

Semiweekly requirements

If your church or organization reported withheld taxes of more than $50,000 during the most recent lookback period (for 2023, the lookback period is July 1, 2021, through June 30, 2022), then the withheld payroll taxes are deposited semiweekly.

This means that for paydays falling on Wednesday, Thursday, or Friday, the payroll taxes must be deposited on or by the following Wednesday. For all other paydays, the payroll taxes must be deposited on the Friday following the payday.

Note further that large employers having withheld taxes of $100,000 or more at the end of any day must deposit the taxes by the next banking day. The deposit days are based on the timing of the employer’s payroll. Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes (7.65 percent of wages), and the employer’s share of Social Security and Medicare taxes (an additional 7.65 percent of employee wages).

January 1, 2023: Payroll taxes

Social Security and Medicare taxes

Employees and employers each pay Social Security and Medicare taxes equal to 7.65 percent of an employee’s wages. The tax rate does not change in 2023.

While federal law exempts ministers from mandatory federal income tax withholding, many states may not have the same exemption available for ministerial employees. Check your specific state for details. Meanwhile, for a more comprehensive guide to church compensation and taxation, check out CPA Elaine Sommerville’s Church Compensation, Second Edition.

The 7.65 percent tax rate is comprised of two components: 1) a Medicare hospital insurance tax of 1.45 percent, and 2) an “old age, survivor and disability” (Social Security) tax of 6.2 percent. There is no maximum amount of wages subject to the Medicare tax. The tax is imposed on all wages regardless of amount.

For 2023, the maximum wages subject to Social Security taxes (the 6.2 percent amount) is $160,200. Stated differently, employees who receive wages in excess of $160,200 in 2023 pay the full 7.65 percent tax rate for wages up to $160,200, and the Medicare tax rate of 1.45 percent on all earnings above $160,200. Employers pay an identical amount. The Medicare tax rate for certain high-income taxpayers increases by an additional 0.9 percent.

Self-employment taxes

The self-employment tax rate (15.3 percent) does not change in 2023. The 15.3 percent tax rate consists of two components: (1) a Medicare hospital insurance tax of 2.9 percent, and (2) an “old age, survivor and disability” (Social Security) tax of 12.4 percent. There is no maximum amount of self-employment earnings subject to the Medicare tax. The tax is imposed on all net earnings regardless of the amount.

For 2023, the maximum earnings subject to the Social Security portion of self-employment taxes (the 12.4 percent amount) is $160,200. Stated differently, persons who receive compensation in excess of $160,200 in 2023 pay the combined 15.3 percent tax rate for net self-employment earnings up to $160,200, and only the Medicare tax rate of 2.9 percent on earnings above $160,200. The Medicare tax rate for certain high-income taxpayers increases by an additional 0.9 percent.

These rules directly impact ministers, who are considered self-employed for Social Security with respect to their ministerial services. Ministers should take these rules into account in computing their quarterly estimated tax payments.

Federal income taxes

Beginning on this date, churches having non-minister employees (or a minister who has elected voluntary withholding) should begin withholding federal income taxes from employee wages. To know how much federal income tax to withhold from employees’ wages, employers should have a Form W-4 on file for each employee. Employees should file an updated Form W-4 for 2023, especially if they owed taxes or received a large refund when filing their previous tax return. Employees should use the IRS Tax Withholding Estimator to determine accurate withholding.

January 17, 2023: Fourth quarter estimated taxes due

Ministers (who have not elected voluntary withholding) and self-employed workers must file their fourth quarterly estimated federal tax payment for 2022 by this date (a similar rule applies in many states to payments of estimated state taxes).

Employees of churches that filed a timely Form 8274 (waiving the church’s obligation to withhold and pay FICA taxes) are treated as self-employed for Social Security purposes, and accordingly are subject to the estimated tax deadlines with respect to their self-employment (Social Security) taxes unless they have entered into a voluntary withholding arrangement with their employing church or organization.

January 31, 2023: Tax forms due

Churches must furnish Copies B, C, and 2 of Form W-2 (“wage and tax statement”) by this date to each person who was an employee during 2022. This requirement applies to clergy who report their federal income taxes as employees rather than as self-employed, even though they are not subject to mandatory income tax (or FICA) withholding. Non-minister church employees must also receive a W-2.

Churches must send Copy A of Forms W-2, along with Form W-3, by this date to the Social Security Administration. If you file electronically, the due date is also January 31, 2023.

Churches must issue Copy B of Form 1099-NEC (“nonemployee compensation”) by this date to any self-employed person to whom the church paid nonemployee compensation of $600 or more in 2022. This form (rather than a W-2) should be provided to clergy who report their federal income taxes as self-employed, since the Tax Court and the IRS have both ruled that a worker who receives a W-2 rather than a 1099-NEC is presumed to be an employee rather than self-employed. Other persons to whom churches may be required to issue a Form 1099-NEC include evangelists, guest speakers, contractors, and part-time custodians.

Churches must send Copy A of Forms 1099-NEC, along with Form 1096, to the IRS by this date.

Churches must distribute a 2022 1099-INT form to any person paid $600 or more in interest during 2022 by this date (a $10 rule applies in some cases).

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

The Respect for Marriage Act Does Less for Religious Liberty Than Meets the Eye

The Respect for Marriage Act (RMA) should be met with a healthy dose of realism

The Respect for Marriage Act (RMA) should be met with a healthy dose of realism and skepticism. The Act provides limited protection for the religious liberty of churches and religious organizations, but it does not ultimately do much to change the status quo and it instead may invite more litigation against religious organizations, churches, and individuals who own businesses.

The reality is this: We cannot yet fully understand what it means for same-sex marriage to be enacted into federal statutory law. Given the breadth and complexity of federal law, we do not fully know, and cannot conclusively predict, how this law ultimately will impact churches, religious organizations, and people of faith.

Federal statutes and regulations represent a massive and complex web that connects to more areas of our life than we can comprehend. The Act’s statement that “any Federal law, rule, or regulation in which marital status is a factor,” should give us pause.

A search of the United States Code shows that the phrase “marital status” appears 248 times. The Code of Federal Regulations contains 350 uses of the phrase “marital status.” And each of these statutes or regulations likely is accompanied by a body of judicial decisions and complex interpretive rules.

The religious liberty protections contained in the Act are a slight improvement from the current state of the law but offer little more than the status quo—or an invitation for more litigation. For instance, there is this substantial question: Will this Act supersede state and local public accommodations laws, which are the primary legal vehicles for lawsuits? The answer likely only can come from court decisions rendered through future lawsuits.

Additionally, while the Act does contain some protections from the loss of tax-exempt status, grants, and contracts for religious organizations, the wording is vague and yet again may invite more litigation against religious organizations and churches.

The RMA also leaves out protections for individuals—those who sit in the pews and own for-profit businesses that they wish to closely align with their religious beliefs and practices. If the wording of the Act is true that, “Diverse beliefs about the role of gender in marriage are held by reasonable and sincere people based on decent and honorable religious or philosophical premises,” then why are individuals with sincerely held religious beliefs left unprotected?

Finally, we would be naïve to expect that this law will remain unchanged into the future. Statutes often are frequently amended and protections now in the law only exist as long as a majority in Congress wants them to remain.

Erik Stanley is an assistant professor of law at Liberty University School of Law, where he teaches and writes on litigation, church autonomy, and religious liberty issues. Stanley also is a partner at Provident Law in Scottsdale, Arizona, and has more than 20 years of experience handling religious liberty cases and advising religious institutions on various matters, including employment, tax, zoning and land use, and bylaws and policies.

Why the Respect for Marriage Act Preserves Religious Liberty

I’m among four scholars who submitted an analysis to US Senators arguing that the Respect

I’m among four scholars who submitted an analysis to US Senators arguing that the Respect for Marriage Act (RMA) addressed religious liberty concerns for organizations that hold traditional views of marriage—and indeed offers potentially valuable protections for the future.

Let me summarize why.

The US Supreme Court’s 2015 decision in Obergefell v. Hodges already requires states to recognize same-sex marriages. But the Act is an insurance policy against the Court overturning Obergefell. It requires anyone acting “under color of state law” to recognize a marriage “valid in the state where [it] was entered.”

This does not make private organizations that support only man-woman marriage liable for who they employ or the services they provide. The Supreme Court has repeatedly held that private organizations do not act “under color of state law” even when they’re heavily state-regulated and receive all their income from state funds.

The Court will not overrule those decisions.

Moreover, the Act explicitly protects both churches and religious nonprofits from having to provides services, facilities, or goods “for the solemnization or celebration of a marriage.”

Critics of the RMA still warn that the Act could serve as a bootstrap to justify separate restrictions on conservative religious organizations. By analogy, they reference the Supreme Court’s 1983 decision in Bob Jones University, which allowed the IRS to strip tax exemptions from racially discriminatory private schools—including religious schools—on the basis of a “firm and unyielding” national policy, shown in numerous statutes, against racial discrimination.

But the Act addresses that concern. First, Section 7(a) of the RMA says the Act does not “deny or alter” any tax exemption, funding, license, accreditation, or other “benefit, status, or right of an otherwise eligible entity or person” (including, plainly, a religious organization). Because the Act does not even “alter” such rights (beyond just not “deny[ing]” them), it’s fair to infer that it can’t even be cited as one ground among many for such a step.

Moreover, Section 2(2) states that “[d]iverse beliefs about the role of gender in marriage” (including, plainly, the belief in man-woman marriage) “are held by reasonable and sincere people based on decent and honorable philosophical premises” and “are due proper respect.” This statement distinguishes traditional-marriage beliefs from those opposing interracial marriage, which receive no such affirmation (even as the statute protects interracial marriages). The finding counters the analogy to the Bob Jones University case and racism. It can—and will—be cited as a statement of “national policy” to respect, rather than penalize, organizations adhering to man-woman marriage.

Religious liberty bills that protect conservatives alone have failed in our closely divided times. Although the RMA doesn’t solve all of the religious liberty problems intersecting with gay and lesbian rights, it solves the problems it raises and offers a hopeful, if limited, model for future bipartisan efforts.

Thomas Berg is the James L. Oberstar Professor of Law and Public Policy at the University of St. Thomas School of Law in Minnesota. He teaches and writes on religious liberty, constitutional law, and intellectual property, and supervises students in the school’s religious liberty appellate clinic, which files briefs in cases before the US Supreme Court and appellate courts. Berg is also co-author of a leading casebook, Religion and the Constitution.

What the Respect for Marriage Act Means for Churches

Bipartisan law confirms and protects certain religious liberties.

Congress recently enacted the Respect for Marriage Act (RMA) and it has two primary purposes.

  1. It requires the federal government to recognize
    a marriage between two individuals if the marriage was valid in the state where it was performed.
  2. It guarantees that valid marriages between two individuals are given full faith and credit, regardless of the couple’s sex, race, ethnicity,
    or national origin, but the bill would not require
    a state to issue a marriage license contrary to state law.These two purposes will have little, if any, effect on churches.

This conclusion is underscored by a bipartisan amendment to the RMA that:

    • Confirms that churches will not be required to provide any services, facilities, or goods for the solemnization or celebration of a marriage.
  • Guarantees that the Act may not be used to deny or alter any benefit, right, or status of an otherwise eligible person or entity – including tax-exempt status, tax treatment, grants, contracts, agreements, guarantees, educational funding, loans, scholarships, licenses, certifications, accreditations, claims, or defenses – provided that the benefit, right, or status does not arise from a marriage. For instance, a church’s eligibility for tax-exempt status is unrelated to marriage, so its status would not be affected by this law.
Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Mastercard Rolls Out New Standards for Recurring Billing

Understanding these standards is important for churches and church-run schools with sustainer donor programs.

You may have heard that Mastercard was implementing new required standards for merchants that use subscription or recurring billing, which includes recurring gifts made to nonprofit entities, churches, and church-run schools.

However, after receiving feedback from merchants, Mastercard has now made the new standards best practices—not a requirement—for nonprofit and charity merchants, as long as those entities do not have excessive chargebacks.

Understanding these new standards is crucial for any church or church-run school with a recurring giving program (also known as a sustainer donor program), including which merchants must comply with the standards, what is required, and the potential penalties for noncompliance.

For those who may wonder, these new standards do not stem from a government regulation. They are a contractual matter with Mastercard and only apply to donations that automatically recur. For example, a one-time gift made by using the “donate” button on a church or school’s website would not be considered a subscription payment.

Furthermore, there has been no indication that other payment processors plan to follow Mastercard’s lead and implement similar required standards.

The back story

On June 14, 2022, Mastercard introduced Transaction Processing Rules that include new standards, outlined in Section 5.4.1, for subscription billing.

While the Transaction Processing Rules state that these standards apply to “subscription billing in which the Cardholder has agreed for the Merchant to provide ongoing and/or periodic delivery of physical products or Digital Goods,” Mastercard later clarified that this includes recurring donations made to nonprofit and charitable organizations.

While the new standards went into effect on September 22, 2022, Mastercard extended the effective date to March 21, 2023, for nonprofit organizations.

In October, Mastercard then announced that, effective October 11, 2022, only nonprofits and charity merchants with excessive chargebacks will be required to comply with the new standards.

Noncompliance is costly

Under the modified requirements, all the standards described below that took effect on September 22, 2022, are recommended as a best practice for nonprofit and charity merchants with a recurring payment program.

However, the standards become a requirement if a nonprofit or charity merchant that uses a recurring payment plan is placed into Mastercard’s Acquirer Chargeback Monitoring Program (ACMP) as an Excessive Chargeback Merchant, High Excessive Chargeback Merchant, or Excessive Fraud Merchant for at least four months. (Mastercard offers a “Data Integrity Monitoring Program” module as well as an updated, downloadable rules document.)

Organizations in the ACMP for at least four months or more that do not implement the required standards may be subject to a costly Category A noncompliance assessment each month, in addition to the assessments applicable under the ACMP.

A Category A noncompliance assessment can be up to $25,000 for the first violation and increase with each subsequent violation, up to $100,000 per violation for the fourth and subsequent violations within 12 months. More information about Category A noncompliance assessments is available in Section 2.1.4 of the Mastercard Rules.

The new, recommended standards entail:

  • Disclosing the donor’s selected donation amount and frequency when requesting credit card information as well as on any payment and order summary webpages and asking donors to accept the subscription terms before completing the donation.
  • Sending a subscription confirmation at the time of enrollment in recurring giving. The confirmation should include the terms of the subscription (the recurring donation) and instructions on how to cancel it.
  • Providing an electronic receipt after every successful billing. This should include instructions on how to cancel the subscription (the recurring donation).
  • Providing an online cancellation method or clear instructions on how to cancel that are “easily accessible online,” such as through a “Cancel Subscription” or “Manage Subscription” link on the organization’s home page.
  • For recurring payment plans that bill less frequently than every six months (180 days), sending an electronic reminder outlining the terms of the subscription (the recurring donation) and instructions on how to cancel the subscription or recurring donation 7 to 30 days before the next scheduled billing date. The communication should reference in the subject line that it relates to upcoming charges, and the message should be distinct from marketing communications.

In its statement about the revised standards, Mastercard said that it changed the requirements after engaging with merchants and recognizing that “some of these requirements present unique challenges to merchants that have found other effective ways to manage their subscription and recurring payment model.”

Ted R. Batson Jr. is a CPA and tax attorney, and serves as a partner and Professional Practice Leader – Tax for CapinCrouse LLP, a national CPA and consulting firm. He speaks and teaches frequently for national conferences and organizations on exempt organization and charitable giving matters.

Advantage Member Exclusive

Get Answers to Your Church’s Most Pressing Employment Law Questions

On-Demand Webinar: Attorney and CPA Frank Sommerville addresses key questions—including yours—about churches as employers.

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Every day, churches face a variety of employment issues. Many questions arise regarding employee classifications, overtime regulations, workplace accommodations, hiring and firing protocols, etc. It seems as if the list is endless.

Though the list is long, church leaders can also avoid many of the most pressing and common employment issues that face their congregations. In this exclusive webinar for Advantage Members, you’ll learn helpful information that will assist you in preparing answers to these frequently asked questions.

Senior editorial advisor for Church Law & Tax, attorney Frank Sommerville, provides insight into Title VII and FLSA in light of their impact on churches, as well as answer employment-related questions submitted by Advantage Members.

Watch now and learn how to address employment matters your church faces.

Speaker:

Frank Sommerville | Attorney

Reading & Resources: 

Download the resources and templates mentioned in this webinar below. Or read one of the articles to get a handle on the basics of developing fair compensation in your ministry.

Key Tax Dates December 2022

Housing allowance designations, year-end transactions, 2022 donations, and more.

Monthly requirements

If your church or organization reported withheld taxes of $50,000 or less during the most recent lookback period (for 2022, the lookback period is July 1, 2020, through June 30, 2021), then withheld payroll taxes are deposited monthly. Monthly deposits are due by the 15th day of the following month.

Note, however, that if withheld taxes are less than $2,500 at the end of any calendar quarter (March 31, June 30, September 30, or December 31), the church need not deposit the taxes. Instead, it can pay the total withheld taxes directly to the IRS with its quarterly Form 941. Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes, and the employer’s share of Social Security and Medicare taxes.

Semiweekly requirements

If your church or organization reported withheld taxes of more than $50,000 during the most recent lookback period (for 2022, the lookback period is July 1, 2020, through June 30, 2021), then the withheld payroll taxes are deposited semiweekly.

This means that for paydays falling on Wednesday, Thursday, or Friday, the payroll taxes must be deposited on or by the following Wednesday. For all other paydays, the payroll taxes must be deposited on the Friday following the payday.

Note further that large employers having withheld taxes of $100,000 or more at the end of any day must deposit the taxes by the next banking day. The deposit days are based on the timing of the employer’s payroll. Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes, and the employer’s share of Social Security and Medicare taxes.

December 15, 2022

  • Complete all year-end transactions to be sure that they are reportable on your income tax return.
  • A church must make quarterly estimated tax payments if it expects an unrelated business income tax (UBIT) liability for the year to be $500 or more. Use IRS Form 990-W to figure your estimated taxes.
  • For 2022, quarterly estimated tax payments of one-fourth of the total tax liability are due by April 18 (April 19 if you live in Maine or Massachusetts), June 15, September 15, and December 15, 2022, for churches on a calendar-year basis. Deposit quarterly tax payments using Electronic Federal Tax Payment System (EFTPS).

December 31, 2022

  • Churches must designate a portion of each minister’s compensation as a housing allowance by this date in order for ministers who own or rent their homes to receive the full benefit of a housing allowance exclusion for calendar year 2023. The designation should be adopted during a regular or special meeting of the church board and should be contained in the written minutes of the meeting.
  • Churches should designate a parsonage allowance for any minister who lives in a parsonage and who is expected to pay some of the expenses of maintaining the parsonage (e.g., utilities, furnishings, repairs, improvements, yard care, insurance).
  • Donors must deliver checks on or by this date to claim a charitable contribution deduction for 2022. Checks that are placed in the church offering during the first worship service in 2023 will not qualify for a charitable contribution deduction in 2022, even if the check is predated to 2022 or was written in 2022. However, checks that are written, mailed, and postmarked in 2022 will be deductible in 2022 even though they are not received by a church until 2023.
  • An employee’s marital status on this date determines his or her filing status for the year.
  • If you have a minister or lay worker who is treated as self-employed for federal income tax reporting purposes, but who you would like to reclassify as an employee, the ideal time to make the change is on January 1, 2023.
Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Key Tax Dates November 2022

Monthly and semiweekly requirements for depositing payroll taxes.

Monthly requirements

If your church or organization reported withheld taxes of $50,000 or less during the most recent lookback period (for 2022, the lookback period is July 1, 2020, through June 30, 2021), then withheld payroll taxes are deposited monthly. Monthly deposits are due by the 15th day of the following month.

Note, however, that if withheld taxes are less than $2,500 at the end of any calendar quarter (March 31, June 30, September 30, or December 31), the church need not deposit the taxes. Instead, it can pay the total withheld taxes directly to the IRS with its quarterly Form 941.

Withheld taxes include:

  • Federal income taxes withheld from employee wages
  • The employee’s share of Social Security and Medicare taxes
  • The employer’s share of Social Security and Medicare taxes

Semiweekly requirements

If your church or organization reported withheld taxes of more than $50,000 during the most recent lookback period noted above, then the withheld payroll taxes are deposited semiweekly.

This means that for paydays falling on Wednesday, Thursday, or Friday, the payroll taxes must be deposited on or by the following Wednesday. For all other paydays, the payroll taxes must be deposited on the Friday following the payday.

Note: Large employers having withheld taxes of $100,000 or more at the end of any day must deposit the taxes by the next banking day.

The deposit days are based on the timing of the employer’s payroll.

Withheld taxes include federal income taxes withheld from employee wages, the employee’s share of Social Security and Medicare taxes, and the employer’s share of Social Security and Medicare taxes.

Key Date: November 10, 2022

Churches having nonminister employees (or one or more ministers who report their federal income taxes as employees and who have elected voluntary withholding) may file their employer’s quarterly federal tax return (Form 941) by this date instead of October 31 if all taxes for the third calendar quarter have been deposited in full and on time.

Note: If a date listed for filing a return or making a tax payment falls on a Saturday, Sunday, or legal holiday (either national or statewide in a state where the return is required to be filed), the return or tax payment is due on the following business day.

Note: You must use electronic funds transfer to make all federal employment tax deposits. This is generally done using the Electronic Federal Tax Payment System, a free service provided by the U.S. Department of Treasury. If you don’t wish to use EFTPS, you can arrange for your tax professional, financial institution, or payroll service to make deposits on your behalf. Failure to make a timely deposit may subject you to a 10-percent penalty.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Advantage Member Exclusive

Meetings Matter: A Crash Course for Church Leaders

On-Demand Webinar: Quick tips and insights for effectively running anything from a board meeting to a congregational meeting.

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Editor’s note. This video is part of the Advantage Membership. Learn more on how to become an Advantage Member or upgrade your membership.

Church meetings play a crucial role in the life of the church. Yet leaders rarely receive training to help them organize and run meetings crucial to their ministries’ directions. The lack of preparation can unintentionally cause problems—or worse, conflict.

Attorney Sarah Merkle helps churches, ministries, and nonprofits get organized and ready for meetings. In this webinar recording for Church Law & tax advantage members, Merkle provides a crash course on meeting leadership that will help leaders improve their skills fast.

Through case studies and examples, Merkle demonstrates how your church can make its next board meeting productive and fruitful. Learn how to create effective agendas, set meeting orders, make and discuss motions, take minutes, and more by watching this recording now.

Download the presentation slides:

Reading & Resources: 

Download other resources and templates mentioned in this webinar below. Or read to learn more about this important topic:

Sarah E. Merkle is a professional parliamentarian and presiding officer. One of five lawyers worldwide to have earned the credentials Certified Professional Parliamentarian-Teacher (CPP-T) and Professional Registered Parliamentarian (PRP), she helps boards, associations, corporations, and public bodies navigate rules applicable to governance and business meetings.

Part 6 of 6

The Remote Worker and the FLSA

How churches should handle employee classifications and overtime pay as more people work from home.

Last Reviewed: November 18, 2024

Many employers—including churches—offered remote-work options even before the COVID-19 pandemic. Many churches were willing to accommodate employees who were just as happy and effective working from home.

A lot of employers typically are comfortable with exempt employees working remotely. Those are the employees not bound by the 40-hour workweek and not entitled to overtime.

But employers struggle with how to build systems that allow nonexempt employees to work remotely. This is because nonexempt employees are bound by the 40-hour workweek and are therefore entitled to overtime pay.

Categories of employees

Review the three categories of employees in light of the Fair Labor Standards Act (FLSA). Doing this first will help better address remote workforce questions. The FLSA establishes minimum wage, overtime pay, and recordkeeping standards, among other things. There are three categories of employees affected by the FLSA.

The first are those covered by the ministerial exception. The second category are exempt employees. The third are those who are considered nonexempt employees. Some default rules and definitions can help churches categorize employees.

Caution. The information provided in this article is based on federal law administered by the US Department of Labor (DOL). Each church should also review state and local laws to determine additional requirements.

Use the following steps to classify church employees for the FLSA.

Step 1: Ministerial exception

The court-created ministerial exception says that employees qualifying as “ministers” are not subject to the FLSA employment laws. Therefore, employees qualifying as ministers may be excluded from wage and hour rules.

Churches may take advantage of the ministerial exception. However, it isn’t clear how the ministerial exception applies to employees of para-church organizations or other nonreligious-based organizations.

Every church should review all of its employees to determine which ones may be classified under the ministerial exception. For those classified under the ministerial exception, churches should support these determinations with well-constructed job descriptions and clear communication with the employees covered. The designation of “ministerial exception” also should be included in their personnel records. These employees have now been classified in the church’s systems and are removed from future FLSA consideration.

Step 2: Exempt employees minimum salary test

After removing all the “ministers” from FLSA consideration, it’s on to step 2—analyzing wages for all remaining employees.

All exempt employees, except for doctors, teachers, and lawyers, must meet a minimum weekly salary test.

All employees who make less than $455 per week (or $35,568 per year) are classified as nonexempt employees and thus eligible to receive overtime pay under FLSA. (Editor’s Note: Scheduled increases by the DOL to the minimum salary threshold for exempt employees in 2024, 2025, and beyond were vacated by a Texas federal court in November of 2024.)

Unless the employees are doctors, teachers (not daycare teachers), or lawyers, their duties are irrelevant and they are classified as nonexempt when they fall below this minimum salary threshold. The amount may not be prorated for part-time employees.

Note. The minimum salary threshold for exempt employees and overtime pay remains a moving target. Church leaders are wise to continue following updates to this issue on ChurchLawAndTax.com.

Step 3: Exempt employee duties test

All remaining employees must meet DOL’s exempt employees duties test.

To be exempt, an employee must make more than $455 per week (or $35,568 per year), as discussed, and perform duties defined in the DOL’s Executive, Administrative, Professional, or Computer classifications. The appropriate classification should be supported by a well-constructed job description.

Caution. The Administrative classification is most abused by employers. This classification does not include administrative assistants, so churches should take care before they universally apply this classification.

Caution. Simply agreeing to a salary pay arrangement does not create an exempt employee. Churches may pay a nonexempt employee with a salary arrangement, but they must still comply with wage and hour rules, including timekeeping and overtime rules.

Any employee found to be exempt under the “duties test” is not subject to FLSA wage and overtime rules.

Any employee who does not fit one of the exempt duties categories is a nonexempt employee. That employee falls under FLSA rules.

Remote work requirements: The nonexempt employee

Employers have traditionally attempted to keep their remote workforces limited to their exempt employees because those workers do not receive overtime pay, and tracking their hours for such purposes is therefore unnecessary. Churches have taken a similar tact, often attempting to limit remote work to only their ministerial employees, who are also exempt employees and are not eligible for overtime pay.

Nonexempt workers are subject to minimum wage and overtime rules—whether they work in the workplace or in their homes.

Remote nonexempt workers pose several concerns to employers, including these questions:

  • How does the employer know what time is good work time, given how much easier it is for work to stop and start at home due to distractions?
  • How does the employer know if the worker is working at all?
  • Are the boundaries between work and personal time so blurred that supervisors forget the nonexempt worker cannot answer texts or emails at any time of the day or night?
  • How does the employer keep track of the time that is worked?

Maintaining a remote workforce involving nonexempt workers requires employers to rethink and solidify their work requirements. It also requires instilling a high sense of integrity into all employees. The remote-work arrangement requires a high level of trust in both the employer and the employee, no matter the classification of the employee, but especially with the nonexempt employee.

Employers should establish strong expectations for all nonexempt employees with good communication regarding expectations and policies.

Note. The remote work arrangement requires a high level of trust in both employer and employee, no matter the classification of the employee, but especially with the non-exempt employee.

Work times

Nonexempt employee should know the general hours when they are expected to perform their duties. While it is acceptable to have this as a flexible arrangement, it will eliminate frustration if it is strongly defined.

Break times

Information should be provided about allowed breaks, and when breaks are—or aren’t—compensated. For example, breaks of 20 minutes or less are still required to be compensated. But, breaks of 30 minutes or longer, like lunch breaks, do not require compensation.

Employees need to clearly understand that performing any work tasks during a break creates compensable work time.

Therefore, if the employee checks work email during the 30-minute lunch break, the break has not happened. Therefore, the employee must be compensated for this time.

This is easier to understand and comply with at the office, but an employee may struggle with the temptation to skip breaks or work through them when in the comfort of their own home. In reviewing time records, employees who report no breaks should be questioned to determine actual work practices.

Responding to Other Employees

When working from home, the office/home boundaries are more blurred than ever before. Additionally, a church may have employees working on different schedules. Exempt employees who are night owls might be working at midnight while others start early. Either way, emails, phone calls, or texts may go to nonexempt employees who are not on the clock.

Set clear boundaries

The church must determine when responses will be expected from nonexempt employees. Supervisors need to understand that an employee working from home is not always available for work. All employees, especially nonexempt employees, need to set and communicate boundaries regarding when they will or will not respond to an email, text, or phone call.

Churches need to respect an employee’s personal time and assist them in enforcing these established boundaries. They also need to understand that seeing a text does not create work time, but, responding to it may.

De minimis time

Time that is infrequent and insignificant (de minimis time) outside of regularly scheduled working hours may be disregarded, if it cannot be precisely recorded for payroll purposes. Key concepts in determining de minimis time include:

  • Short. The time involved is fleeting. For example, a text is sent to an administrative assistant after hours that only requires a quick “yes” or “no.”
  • Unexpected and Not Required. The occurrences are infrequent and not anticipated. The requests should not occur more than a few times per year and never close to other requests.
  • Time Recording Is Practically Impossible. It must be proved that precisely recording the time would not be possible.

In practice, the de minimis time exception should not be regularly relied upon. Instead, it should be the exception and not the rule. When time is involved in after-hours work, employers must pay the minimum time increment for each response.

Off-hours responses

For employers that track time in 15-minute increments, the employer must pay for 15 minutes if an employee responds to the text during off-hours. (Some states have a minimum amount of time, as high as two hours, which must be paid for each off-hours response.)

To address these concerns, churches should create policies both to assist with capturing all work time and to protect the church if time is not correctly recorded. Policies should include:

  • No off-the-clock work. All employees should understand that nonexempt employees are not expected to work “off-the-clock” or outside of their customarily defined work times. Nonexempt employees may receive texts and emails after hours, but there is no expectation that they will be responded to until the next scheduled workday.
  • All work time is reportable. All nonexempt employees are expected to record all time worked, including time involved with “after hours” texts and emails. If the church is aware of an employee violating the policy, it must take steps to correct the reporting issues. Nonexempt employees should never be “donating” time in their required work areas.

Churches need to actively train all employees, including ministers, on respecting boundaries, as well as time reporting requirements, especially for nonexempt employees. The church should also monitor compliance through periodic surveys sent to all staff.

Timekeeping requirements

How time will be kept and how often it must be submitted to a supervisor and the payroll department are important questions to be answered. There are many excellent electronic timekeeping systems that make this task more manageable than even ten years ago.

Many of those systems also have safeguards to prevent employees from logging into the system while they are not on the clock and at, say, the local amusement park.

Since there is a higher risk of accidental work time with remote workers, the system also should provide a method for entering time “after the fact,” meaning it was worked when the employee was not logged into the system. If a physical system, such as an Excel spreadsheet, is kept by the employee, then guidance should be provided as to how often time must be submitted to supervisors.

Tip. If the church is not keeping time records for all nonexempt employees, this is a great—and important—time to start. DOL requires employers to keep records of the hours worked each day, as well as the total hours worked each week. These records must be maintained for two years. This is required, even if the nonexempt employee is paid on a salary basis.

Remote workforce requirements: The exempt employee

Since the exempt employee is not required to keep track of the exact hours worked, FLSA concerns differ from the nonexempt employee concerns. It is critical to understand when exempt employees’ pay can be reduced if the employer determines they are not working predetermined hours.

Pay for the day

Exempt employees must be paid for a full day if they worked any part of the day. Therefore, if an exempt employee completes their job by lunchtime, they must still receive a full day’s pay.

Pay for the week

In general, if an exempt employee is available to work, an employer must pay the employee for all the days in the workweek if the employee works even part of the week.

For example, if a full-time exempt employee’s work can be accomplished in two days during the week, the employee must be paid for the entire workweek if he or she is available to work during the entire workweek.

Application of paid leave time

Employers may require an exempt employee to use paid leave time in half-day or full-day increments. However, even if there is no paid leave time to apply to a half-day or partial day, the full day still must be paid. The employer is not required to pay for a full day taken without leave.

Next Steps

  • Review how your church’s employees are categorized to ensure they fall within legal definitions.
  • Establish appropriate communications to all staff regarding nonexempt employees. Use the communications to help build an environment of trust and respect for boundaries.
  • Establish a method of polling employees to help determine that boundaries are being respected.
  • For more information on the church and worker classifications under the FLSA see the excellent book Church Compensation – Second Edition: From Strategic Plan to Compliance by Elaine Sommerville, CPA, available at churchlawandtaxstore.com

This article was adapted from a chapter originally appearing in Working Remotely: A Framework for Success, GreenDot.Press (2022). Used with permission.

Mastering Meeting Basics

A five-part series providing simple and straightforward guidance to church leaders.

Church business meetings take place any time church members, boards, or committees get together to conduct official church business—from annual member meetings to weekly or periodic board or committee meetings where votes are taken and decisions are made.

This five-part article series is designed to provide simple and straightforward guidance to church leaders on parliamentary procedure and best practices for business meetings.

A companion four-part series provides a hypothetical case study that illustrates many of the rules and best practices outlined in this series.

Sarah E. Merkle is a professional parliamentarian and presiding officer. One of five lawyers worldwide to have earned the credentials Certified Professional Parliamentarian-Teacher (CPP-T) and Professional Registered Parliamentarian (PRP), she helps boards, associations, corporations, and public bodies navigate rules applicable to governance and business meetings.

Part 5 of 5

Running a Virtual Church Business Meeting

A quick guide to conducting church business virtually.

Prior to March 2020, virtual business meetings were rare or nonexistent for most churches. Many churches had never even entertained options for including members virtually in a business meeting hosted online. And then COVID-19 changed the world. Virtual church business meetings became a necessity—even commonplace.

Now, hybrid meetings—where some members attend in person and others attend virtually—are the norm in many places. But what are the elements of a properly run, fully virtual or hybrid meeting? How can you be sure that a quorum is present, that members are properly recognized, and that votes are accurately counted?

This article will tackle these and other questions with the goal of ensuring your meetings with members attending virtually follow proper parliamentary procedure.

Are virtual business meetings a permissible option for your church?

The first step to holding a proper virtual church business meeting is to determine whether your church is permitted to conduct business virtually. The default rule under Robert’s Rules of Order Newly Revised, the rule book that many churches follow, is that a church is not permitted to hold a virtual business meeting unless the state law that applies to that church or the bylaws of that church explicitly allow such meetings.

To determine this permissibility, look first in your church’s bylaws for provisions that address telephonic meetings, electronic meetings, or virtual meetings. Sometimes bylaws will state that a church can hold meetings by any method that allows all participants or members to hear each other simultaneously. If this type of provision exists, your church can permissibly hold a virtual business meeting.

If there is nothing in the church bylaws regarding virtual meetings, the next step is to check the state law that applies to your church to see if it includes any blanket provisions allowing organizations to meet virtually even without bylaws language to that effect.

Check state laws and church bylaws

If neither state law nor your church’s bylaws allow for virtual business meetings, holding one and taking action at it is technically impermissible and definitely inadvisable.

If a church needs to take action that simply cannot wait for an in-person meeting, it can hold a virtual business meeting and then ask the members to ratify the action taken at a later, in-person meeting. But this procedure is risky since the church is under no obligation to sanction the decisions made at the virtual meeting.

The best course is to amend your church’s bylaws to include a provision that allows virtual attendance and participation at any business meetings to be held by the members or any smaller group (e.g., deacons, elders, committees, and so on).

How does a church confirm that a quorum is present at a virtual business meeting?

A quorum is the minimum number of members that must be present for an organization to conduct business. This term applies to small boards and committees, as well as general members meetings. For a business meeting of all members, that number, usually expressed as a percentage, should be specified in your church’s bylaws. If your church’s bylaws do not state a quorum requirement, follow the requirement found in the state law that applies to your church.

Guidelines for determining a quorum

For a general members business meeting, an accurate roll of church members—or as close to an accurate roll as possible—is the place to start when determining whether a quorum is present. Follow these guidelines:

    Step one:

    Calculate the number needed for a quorum by multiplying the decimal version of the percentage stated in your bylaws or state law by the total number of church members on the most-current membership roll.For example, if the current membership roll includes 150 members, and the bylaws state a quorum requirement of 20 percent, multiply .20 times 150. A quorum for meetings would need to be a minimum of 30 members present either in person or virtually.

    Step two:

    Organize the roll alphabetically by last name and include the name of each individual member, even if one household includes multiple members.

    Step three:

    Use a virtual meeting software that allows members to be placed in a waiting room before entering the meeting, and then ask members in the waiting room to change their screen name to be their full name plus the name of the individuals in the household that are attending the meeting through that specific device.For example, if a husband and wife are viewing and participating in the meeting together using the same computer, one of their names should be the primary screen name and the name of the spouse should be in parentheses, like this: Larry Long-Time Member (Lisa). This format indicates to the staff helping with the meeting that there are two members present in that household and that both members should be counted to determine whether a quorum is present.

    Even if your church isn’t concerned about meeting its quorum requirements, using this format to identify the individuals present at the meeting is helpful for recognizing members and facilitating discussion.

    Step four:

    At the announced start time of the meeting, those confirming the presence of a quorum should total the members present in person and those participating virtually, then verify the quorum requirement is met before starting the meeting.

    A similar process would be followed for determining that a quorum is present for a small group, committee, or board meeting.

    How does a church facilitate discussion at a virtual business meeting?

    Discussion in a virtual business meeting can mirror what might happen in person but cannot replicate or replace it.

    Meeting in person is still the best way to allow for as effective and inclusive of a discussion as possible on a topic. Virtual meetings may allow for greater attendance, but more people at a meeting does not necessarily equal more participation, and a virtual environment often slows the democratic process such that fewer total members can speak in a given time frame.

    When a motion is made and the chairperson asks for discussion, it is helpful to use the reaction buttons within virtual meeting software to seek recognition.

    Depending on the size of the meeting and the nature of the topics being discussed, the chairperson could simply ask members who want to speak to select the software’s “raised hand” icon. The chairperson could also provide more options for participation by asking members to select specific icons to indicate that they want to speak in favor or in opposition, or to indicate that they want to make a motion that has priority (such as a point of order).

    Caution. Allowing members to engage in discussion on an item of business through a software’s chat feature is undesirable because that format removes all limits on the amount of time or number of times that one member can speak on a topic and, therefore, violates one of the most fundamental principles of parliamentary law—that each member has an equal right to speak.

    How does a church facilitate voting at a virtual business meeting?

    When determining how to allow virtual voting, the first question to ask is whether both members and nonmembers will attend the meeting. If only members will attend, voting can likely be accomplished through the virtual meeting software that you are using.

    The next question to ask is whether votes must be secret (i.e., by ballot). Votes are not required to be secret unless the bylaws specify this requirement or unless a vote is taken to require that all or certain types of votes be conducted by ballot.

    If only members are voting and votes do not need to be taken by ballot, you can use the raised hand button in the virtual meeting software to take a vote. On a noncontroversial matter, a chairperson may be able to determine whether a motion is adopted simply by eyeballing the number of hands raised just as would occur if the members were meeting in person.

    On a closer vote, though, the chairperson may need to count the raised hands to determine the result. If this is the case, and you have a large group, you may want to consider using the software’s polling feature, which automatically counts the votes. The difficulty with that option is that it does not account for multiple members who are attending under one login. In this case, manual counting would be necessary.

    If nonmembers are virtually attending a meeting, there are two main options for taking a vote and ensuring that the non-members are not voting.

    Option 1. Transfer all nonmembers to a “breakout room” within the software while the members vote in the main meeting room. Once the voting is completed, you can move the nonmembers back to the main meeting room. This may sound complicated, but it can be done efficiently with a little practice, preparation, and knowledgeable staff.

    Option 2. Use a voting software separate from the virtual meeting software and provide that voting link by email to the members in virtual attendance at the meeting. If your bylaws require secret ballot voting, it would be important to select software that allows for that option.

    The choice to utilize hybrid or virtual formats

    Though many churches have now become very comfortable operating in the virtual space, it is important to realize that meeting logistics become much more complicated when a hybrid meeting format is used. When attendees are present both virtually and in person, leadership will face many more challenges than they would deal with in an all-virtual or all-in-person meeting.

    Something intangible is lost by meeting virtually. Though the same decisions can be made, collaboration is minimized, the informal conversations in the hallways disappear, and the “feel” of the group is different when some or all of the participants are not in one physical space together. Additionally, transacting the business in virtual and hybrid meetings takes longer.

    In short, physical presence matters. Allowing virtual participation, even with the intent of greater member attendance, is not necessarily better, and leaders should give serious thought to the details of quorum and discussion before allowing a hybrid format.

    Return to the series homepage.

    For related infographics and downloadable resources from the author, visit The Law of Order blog at civility.co.

    Sarah E. Merkle is a professional parliamentarian and presiding officer. One of five lawyers worldwide to have earned the credentials Certified Professional Parliamentarian-Teacher (CPP-T) and Professional Registered Parliamentarian (PRP), she helps boards, associations, corporations, and public bodies navigate rules applicable to governance and business meetings.

    Part 4 of 5

    Taking Minutes at a Church Business Meeting

    How to properly document the official actions taken at a meeting.

    If you’re reading this article, you’ve likely found yourself in a position where you need an explanation of business meeting minutes.

    That’s where this article will come in handy. Here you’ll find answers to four common questions related to taking minutes.

    What are business meeting minutes and why do they matter?

    Business meeting minutes are the official record of a group’s action. Taking minutes is important for at least two reasons.

    First, the law expects that organizations will keep an official record of the proceedings of a group’s members, committees, and governing bodies.

    The Internal Revenue Service (IRS) requires tax-exempt organizations that file a Form 990 to verify that, as an organization, they have documented their actions. Even though the IRS does not require churches to file a Form 990, state nonprofit laws often include a requirement that nonprofit organizations located in that state keep an official record of actions taken.

    Second, and arguably more important on a practical level, properly taken minutes eliminate confusion and disagreement about what occurred at a meeting.

    Ask most church members what occurred at a business meeting and the odds are low that they will remember the actions taken with any precision. They may remember topics discussed and comments made, especially if there was any controversy, but their memory of the wording of motions made and adopted will not be reliable. Carefully taken minutes provide clarity when a member cannot remember what happened.

    Who should take business meeting minutes?

    In general, it is important to have a designated minutes-taker. Most commonly, this responsibility falls to the individual elected or appointed to the office of secretary, and this person may be different than the individual employed as the church secretary.

    The minutes-taker has two important duties: (1) to ensure the minutes actually get taken, and (2) to ensure that the minutes are stored in a designated place that’s easily accessed by those who need them now and in the future.

    So, if achieving these goals means that someone other than the elected or appointed secretary takes the minutes, that is completely allowable. It is better to go this route than to have no minutes taken at all or to be unable to find them later.

    What should business meeting minutes include?

    Very simply, business meeting minutes should include a record of what was done, not what was said. In other words, minutes should include a record of the actions taken on various items of business, but they need not (and should not) include a record of which individuals discussed those items of business or what those individuals said.

    Even with the best of intentions, any attempt to summarize the comments made tends to result in inaccuracies or biased presentation. If there’s a reason for the church to have a record of the discussion on various items, the best course of action is to hire a court reporter so that you have a reliable transcript.

    What to include:

    If you are the person charged with taking minutes, the first part of the record should include a paragraph containing the following information:

    • the type of meeting (e.g., regular, special, continued);
    • the name of the group that is meeting;
    • the date, time, and place of the meeting;
    • an acknowledgement that the person in charge of the group (e.g., chairman, president, pastor) and the secretary were present; and
    • an acknowledgement that a quorum was present, and in a smaller group (a dozen or fewer), a list of the members who were present.

    Here’s an example:

    A regular meeting of the Deacon Board of the One and Only Church was held on January 15, 2022, at 7 p.m. at the church building. Chairman Smith and Secretary Brown were present. A quorum was present.

    After the opening paragraph, the minutes should follow the same order as the meeting agenda and should contain a separate paragraph for each item on the agenda.

    • If the agenda item is a report, the minutes can state under the report heading that a certain individual presented a report.
    • If the agenda item results in a main motion or several, the minutes should state the final wording of the motion as stated just before the vote, and then note whether the motion was adopted, defeated, or otherwise disposed of (e.g., referred to a committee or tabled).
    • If the motion was amended before it was put to a vote, the minutes can say as much, but they only need to state the final wording of the motion and do not need to include all the iterations that occurred from the time the motion was initially proposed until the vote. It is generally wise to include the name of the individual who made the motion in the minutes, but there’s no need to include the name of the person who seconded it.

    Here’s an example of an action recorded in meeting minutes:

    After presenting a report on the status of the church property, Deacon Dave, Chairman of the Building Committee, moved on behalf of the Building Committee that the church request proposals from three architecture firms for the design of a new addition to the sanctuary. The motion was adopted as amended.

    How are business meeting minutes approved or corrected?

    Minutes become the official record of a group’s actions when that group approves them. Typically, minutes are presented for approval at the next regular meeting after they were taken, and they are circulated to the group in a reasonable amount of time before the meeting so that the members can review them ahead of the meeting if they choose to do so.

    At the meeting where the minutes are presented for approval, there’s generally no need to read them aloud to the group unless someone specifically requests that they be read. Instead, the chairperson should simply ask, “Are there any corrections to the minutes from the January 15, 2022, meeting as distributed?” If there is no response after a brief pause (three to five seconds), the chairperson should say, “Hearing no corrections, the minutes are approved as distributed.”

    If there’s a correction to fix the minutes so that they accurately reflect what occurred during the previous meeting, the chairperson should ask if there is any objection to that correction. If not, the chairperson should state that the correction will be incorporated into the circulated draft.

    As long as any requested correction is truly that—meaning, it is an adjustment that fixes the minutes so that they are an accurate reflection of what occurred during the meeting—then, objections to that correction should be rare. But if there is disagreement, the group should take a vote on the proper wording.

    Note.

    It is important to remember that making a correction to the minutes is not a way to change what occurred during the meeting where the minutes were taken. What happened at the meeting is in the past, and changing the action taken there can happen only if the group takes a vote to that effect. Approving the minutes is simply a way to confirm that the record of what happened is accurate.

    Return to the series homepage.

    For related infographics and downloadable resources from the author, visit The Law of Order blog at civility.co.

    Sarah E. Merkle is a professional parliamentarian and presiding officer. One of five lawyers worldwide to have earned the credentials Certified Professional Parliamentarian-Teacher (CPP-T) and Professional Registered Parliamentarian (PRP), she helps boards, associations, corporations, and public bodies navigate rules applicable to governance and business meetings.

    Part 3 of 5

    Voting at a Church Business Meeting

    Four primary methods of voting that members and leaders should understand.

    Whether you’re casting a vote, taking a vote, or calculating a vote at a church business meeting, it is valuable for both members and leaders to understand the voting process and feel confident about how the result of a vote is determined.

    To equip you with the skills needed to take and count a valid vote, this article will explain the four primary voting methods and define three important terms.

    What are the different methods of taking a vote?

    There are four primary methods for taking a vote: general consent, voice, raised hand or standing, and ballot. No one voting method is inherently better than another although some tend to work better than others in certain circumstances.

    First, it is important to understand that no vote must be counted or be secret unless a group has decided that a count or a secret ballot should be used for a specific vote or category of votes.

    • For example, a church’s bylaws may include a provision that requires all elections to be conducted by ballot. If so, all election votes will necessarily be counted and secret, even if only one person is running.
    • Or, a church may decide at a business meeting that it wants (or needs) a record of the number of votes in favor of or opposed to a specific motion rather than simply a record of whether the motion passed or failed.In that case, the members would need to take a vote directing that the vote on the substantive motion be counted. Unless the members give that type of directive, votes do not need to be counted, even if they are taking a vote by raised hand or by standing.

    The rationale here is that counting votes takes time, and a group’s time shouldn’t be used to count votes unless the group has agreed to it.

    Here, then, are the primary methods for voting.

    Voting Method #1: General or unanimous consent vote

    A general consent or unanimous consent vote is a vote used for decision-making on noncontroversial matters. The goal of taking a vote by unanimous consent is efficiency. This type of vote skips the discussion portion of the motions process and eliminates the need for the chairperson to say, “All those in favor. … All those opposed. …” Instead, the chairperson can simply ask if there are any objections to the action proposed by the motion.

    For example, if the proposed action is approval of the meeting agenda, the chairperson would ask, “Are there any objections to approving the meeting agenda as distributed?”

    After pausing briefly (three to five seconds) to listen for any objections, the chairperson would then say, “Hearing none, the agenda is approved as distributed,” and would move to the next item of business. If there is an objection, the chairperson would say, “There is an objection,” and would move to the discussion portion of the motions process as described here.

    Voting Method #2: Voice vote

    A voice vote asks members to state whether they are in favor of or opposed to a motion by saying “aye” or “no.” When taking this type of vote, the chairperson determines the winner by listening to which side is louder.

    Sometimes, there is need for clarification of the results of this type of vote.

    • If the result is not clear to the chairperson, he or she can retake the vote by asking the members to raise their hands or stand (the next voting method listed in this article). If necessary, the chairperson can take a count of the vote.
    • If the result is clear to the chairperson but not to one or more of the members, a member can call out, “Division,” which is the parliamentary procedure term for requesting that the chairperson retake the vote by another method that more clearly indicates the result.

    This scenario is not uncommon, especially in a large group, because an individual may be sitting in a section of the room in which the side (ayes or noes) that is louder differs from the side that is louder overall.

    As discussed above, calling out “Division” does not require a counted vote—a raised hand or standing vote can clarify the result.

    Voting Method #3: Raised hand or standing vote

    A raised hand or standing vote is a good way to take a vote if the results are too close to call through a voice vote, or if a counted vote is needed or required. This is also a helpful method for taking votes when individuals with voting privileges are seated together with individuals who do not have voting privileges.

    For example, some churches allow visitors or regular attenders to stay for business meetings or may allow families to attend business meetings even if not all of them are members. Taking a voice vote in this type of setting may not allow for confidence in the result, especially if the result is close. A raised hand or standing vote can provide a good alternative.

    A raised hand or standing vote can be easily counted by having the members count off, starting at the front of the room and working row by row to the back. The chairperson or a teller (a designated vote counter) can cue the first person in the front row to say “1” and lower their hand or sit down, and then cue the person next to them to say “2” and lower their hand or sit down—working all the way through the room until all votes have been counted.

    This may sound time consuming, but it doesn’t take much, if any, more time than having a teller go row by row and count all of the votes. The advantage is that the members are involved in the counting and are less inclined to question whether the votes have been accurately tabulated.

    Voting Method #4: Ballot vote

    A ballot vote is a secret vote by default unless the bylaws require that a ballot be signed. Ballots are generally used for elections and votes on very consequential matters (e.g., a vote to consider a large expense, dissolve a church, merge with another church, or ask an individual to be a pastor, and so on).

    When ballot votes are counted, at least two tellers should work together to count them. In the case of an election, each candidate may appoint one representative in addition to the tellers to oversee the counting.

    After the ballots are counted, the tellers should prepare a report that includes the total number of ballots cast, the number of votes necessary for election or for adoption of a motion, and the number of votes received by each candidate or votes in favor and opposed to a motion.

    The tellers should give the report to the chairperson for announcement of the results and give the ballots to the secretary or a designated person to keep until the time for ordering a recount has passed.

    What do the terms majority, two-thirds, and plurality mean?

    Various terms are commonly used within bylaws to describe the number of votes needed for a motion to be adopted or for an individual to be elected. It’s important to know the requirements for each vote taken and how to calculate results for that type of vote.

    Majority vote

    In voting contexts, the term majority is defined as more than half. If a church’s governing documents or rules use the term majority without qualification, the baseline or denominator from which a majority is calculated is the number of votes cast. For example, if 120 individuals are present, but only 100 individuals cast a vote, at least 51 votes would be required for the adoption of the proposal.

    Qualifiers can be added to the term majority, however, to change the calculation. For example, to adopt any proposal or to adopt proposals on certain topics, governing documents can require a majority of those present or a majority of the entire membership.

    Two-thirds vote

    In voting contexts, the term two-thirds generally means at least two-thirds of the individuals present and voting. But as with the term majority, two-thirds can be qualified to mean at least two-thirds of the individuals present or at least two-thirds of the entire membership.

    It is also important to understand that two-thirds is not necessarily the same as 66.6 percent or 67 percent. The best way to calculate two-thirds is to multiply the total number of individuals of which two-thirds is needed times 2, then divide that number by 3, and then round the result to the nearest whole number.

    Plurality

    The term plurality means more votes than any other option but not enough votes to constitute a majority. Here’s an example of a plurality vote calculation: Three candidates are running for office. There are 100 members present and voting. Candidate #1 receives 40 votes; candidate #2 receives 41 votes; candidate #3 receives 19 votes. If bylaws specify that the winning candidate must receive a plurality of the votes, candidate #2, in this case, would be the winner.

    Return to the series homepage.

    For related infographics and downloadable resources from the author, visit The Law of Order blog at civility.co.

    Sarah E. Merkle is a professional parliamentarian and presiding officer. One of five lawyers worldwide to have earned the credentials Certified Professional Parliamentarian-Teacher (CPP-T) and Professional Registered Parliamentarian (PRP), she helps boards, associations, corporations, and public bodies navigate rules applicable to governance and business meetings.

    Part 2 of 5

    Making Motions at a Church Business Meeting

    Four questions to help ensure your motions follow proper parliamentary procedure.

    Have you ever attended a business meeting and wondered what exactly is happening when people make motions? Maybe you’ve wondered why it’s necessary at all. Or perhaps the process is generally familiar to you, but you get tripped up from time to time on the little details of how motions work.

    Whatever your level of understanding, this article explores four questions to help ensure your motions follow proper parliamentary procedure.

    What is a motion?

    A motion is a proposal for specific action. It’s the vehicle by which a group makes an official decision to do or not do a certain thing.

    If you think generally about how decisions are made when more than one person is involved, they typically follow a standard format: (1) they start with the proposal of an idea (e.g., “Let’s get Taco Bell for lunch!”); (2) they often involve some level of discussion (e.g., “McDonalds is better than Taco Bell!”); and (3) they end with individuals expressing their choices.

    Motions are the way of formalizing that process in a group that is conducting official business.

    There are two types of motions: main motions and secondary motions. Main motions propose substantive action—e.g., “I move that the church repave the parking lot.” Secondary motions propose procedural action related to the group’s meetings—e.g., “I move to refer this main motion to a committee,” or “I move to adjourn.”

    How does a member make a motion?

    To make a motion, ask to be recognized by raising your hand or going to a microphone, and then say the words, “I move that. …” Follow those words with your substantive or procedural proposal.

    There are a few pitfalls to avoid here.

    • Avoid discussing the topic of your motion before you make it. In other words, if you’re frustrated that the church parking lot has potholes and cracks, save your expression of that frustration until after you’ve made the motion and the chairperson has asked if anyone would like to discuss the proposal.
    • Avoid using phrases like “I think we should” or “I’ve been thinking about” to introduce a motion. These phrases aren’t clear indicators of what you’re trying to do, and they may not result in your idea actually being put to the group for discussion. “I move that” is always the best place to start.
    • Avoid making a main motion when there is another main motion already being discussed. This rule supports efficiency: Discussing one topic at a time and then voting on it tends to streamline business and lessen confusion.

    What happens to a motion after it is made?

    After a member makes a motion, there are three events that should occur before the proposal becomes an official action taken by the group.

    Second

    A second is the word used in business meetings to indicate that more than one person thinks an idea is worth the group’s time. One member makes a motion, and another member has to say “second” for the motion to get any traction.

    Note. When a member says “second,” it doesn’t necessarily mean that the member agrees with the idea proposed. It simply means that he or she thinks the group should talk about the idea.

    Discussion

    Once a second is made, the chairperson of the meeting should repeat the motion and then ask if the members want to discuss it. There are a few secondary (procedural) motions where discussion is not permitted, but discussion is allowed on all main motions.

    Typically, the chairperson should say the following words, or something similar, to invite discussion: “It has been moved and seconded that the church repave the parking lot. Is there any discussion?”

    To participate in discussion, members should seek recognition by raising their hands or coming to a microphone, then wait for the chairperson to recognize them, and then state their comments in favor of or in opposition to the motion that is before the group. Often, the chairperson will alternate between individuals in favor and in opposition.

    According to Robert’s Rules of Order Newly Revised, the most well-known parliamentary authority and the rulebook most commonly used by churches, members can speak only two times, for ten minutes each time, on any issue, but alternative discussion limits can be adopted via the setting of special rules. After each speaker, the chairperson’s response to the member’s comments should simply be, “Thank you. Is there any further discussion?”

    Ideally, the chairperson will keep his or her own views private. But to participate in the discussion, the chairperson should ask someone else to preside over that motion through the discussion and the vote.

    Vote

    When there is no more discussion on a motion, the chairperson should take a vote. Once a vote is taken and the results are tabulated, that is the group’s decision on that topic. If the motion is adopted, the group should proceed with the action proposed in the motion. If the motion is defeated, the group should continue with the status quo.

    As for whether a topic can ever be proposed again if it is defeated, common business meeting procedure says that the topic is off limits until enough time has passed or circumstances have changed to allow the topic to essentially be a new one. In other words, a topic cannot be proposed and re-proposed because such continued discussion wastes the group’s time.

    How do secondary motions work?

    Secondary motions are motions that relate to the procedure of a group’s meetings. They are typically (but not always) made while a main motion is being discussed. Here are three examples of secondary motions.

    • Amend. A proposal to change the words of the motion that the group is discussing
    • Previous Question. A proposal to close discussion on a motion that the group is discussing and move directly to a vote on that motion with no further discussion (for additional insights, see my article, “4 Answers to Your Questions about ‘Previous Question,’” on The Law of Order blog)
    • Refer to Committee. A proposal to refer a main motion to a smaller group for research and in‑depth discussion so that they can make a recommendation on a course of action to the full group

    If a secondary motion is made while a main motion is being discussed, the secondary motion becomes the highest priority for the group, and the group must discuss and vote on that secondary motion before it goes back to the main motion. Here are three examples using the secondary motions listed above.

    Example 1: Motion to Amend. While a group is discussing a main motion to repave the church parking lot, a member thinks that perhaps the church could improve the parking lot a little and go to less expense if it just relined the parking spaces. He or she could seek recognition and say, “I move to amend the main motion by striking ‘repave’ and inserting ‘reline.’”

    This amendment would need to be seconded, and then the group would discuss and vote on whether to strike “repave” and insert “reline.” If the amendment is adopted, the group would then go back to discussing the main motion as amended. If the amendment is defeated, the group would go back to discuss the main motion as originally stated.

    Example 2: Previous Question. While a group is discussing a main motion to repave the church parking lot, a member thinks that the discussion has gone on too long and the group needs to move business along. He or she could seek recognition and say, “I move the previous question.”

    This motion (Previous Question) would need to be seconded, and then the group would vote on whether to stop discussing the main motion and move directly to a vote. The group would then vote on whether to stop discussing the main motion.

    Unlike with most motions, the group would not discuss whether to stop discussing. And, for adoption of the motion to stop discussing, at least two-thirds of the members voting must vote in favor. If the motion to stop discussing is adopted, the group would move directly to a vote on the main motion with no more discussion. If the motion to stop discussing is defeated, the group would continue discussing the main motion.

    Example 3: Refer to Committee. While a group is discussing a main motion to repave the church parking lot, a member thinks that perhaps the building committee should request proposals from different paving companies and research the overall pros and cons of the project. He or she could seek recognition and say, “I move to refer the main motion to the building committee to research the costs and benefits of the proposal and report back at the next regular business meeting.”

    This motion (Refer to Committee) would need to be seconded, and then the group would discuss and vote on whether to refer the main motion to the building committee. If the motion to refer is adopted, the main motion would be referred to the building committee, and the group could move to discussion of a new topic. If the motion to refer is defeated, the group would go back to discussing the main motion as proposed.

    Return to the series homepage.

    For related infographics and downloadable resources from the author, visit The Law of Order blog at civility.co.

    Sarah E. Merkle is a professional parliamentarian and presiding officer. One of five lawyers worldwide to have earned the credentials Certified Professional Parliamentarian-Teacher (CPP-T) and Professional Registered Parliamentarian (PRP), she helps boards, associations, corporations, and public bodies navigate rules applicable to governance and business meetings.
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