“We would be remiss in not noting that reality of declining funding is a symptom, not the disease. The underlying causes must be prayerfully addressed at local, presbytery, synod and General Assembly levels, not in the denominational courts or in unconstitutional actions.” –PJC

The Permanent Judicial Commission of the Synod of the Trinity has ruled that although local churches may not be required to pay per capita or punished for failing to pay, presbyteries must remit per-capita payments to the synod and the General Assembly if funds are available.

The unanimous (10-0) decision was made March 23 in the case of David C. Green, complainant vs. The Presbytery of Pittsburgh, respondent.

On Dec. 10, 2011 the presbytery amended its Manual of Presbytery to say “Presbytery shall only remit to the General Assembly the per-capita assessment it receives from the particular churches that is designated by those councils.”

The presbytery argued that adopting the new Form of Government in 2011, “the 219th (2010) General Assembly set aside the applicable previous decisions of General Assembly, Permanent Judicial Commission and Authoritative Interpretations since the General Assembly ‘chose not to include the strict construction language from the 1999 Authoritative Interpretation (Request 99-1).”’

The commission, however, stated that the relevant language for the issue is found in G-3.0106. The assembly, when approving the nFOG, added the clause: “but in no case shall the authority of the Session to direct its benevolences be compromised.” The commission said, “We do not believe the addition of this clause has changed the obligation of presbyteries to remit per capita to synods and General Assembly.

In its decision, the PJC quoted Authoritative Interpretation 07-11 “If language is approved that is identical to, or essentially the same as the language of constitutional provisions that have already been interpreted, current authoritative interpretations would continue in force.”

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