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Judge orders all parties into mediation in South Carolina church…

first_img In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Episcopal Church in South CarolinaPosted Jul 24, 2019 Assistant/Associate Rector Washington, DC Rector Smithfield, NC AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis New Berrigan Book With Episcopal Roots Cascade Books Property Featured Events Submit an Event Listing Submit a Press Release Rector (FT or PT) Indian River, MI Rector Belleville, IL Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Rector/Priest in Charge (PT) Lisbon, ME The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Director of Music Morristown, NJ Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Submit a Job Listing Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Rector Hopkinsville, KY Rector Collierville, TN Tags Family Ministry Coordinator Baton Rouge, LA Rector and Chaplain Eugene, OR Associate Rector for Family Ministries Anchorage, AK Bishop Diocesan Springfield, IL Youth Minister Lorton, VA center_img Director of Administration & Finance Atlanta, GA Rector Washington, DC Back to Press Releases Rector Bath, NC The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Rector Albany, NY Featured Jobs & Calls Assistant/Associate Priest Scottsdale, AZ Missioner for Disaster Resilience Sacramento, CA An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Rector Pittsburgh, PA Associate Priest for Pastoral Care New York, NY Press Release Service Curate (Associate & Priest-in-Charge) Traverse City, MI Canon for Family Ministry Jackson, MS Assistant/Associate Rector Morristown, NJ Course Director Jerusalem, Israel Rector Shreveport, LA Judge orders all parties into mediation in South Carolina church property case Curate Diocese of Nebraska After a two-hour hearing at Calhoun County Courthouse in St. Matthews, SC, this morning, First Circuit Court Judge Edgar Dickson ordered all parties—The Episcopal Church in South Carolina (TECSC) and The Episcopal Church, along with a group that broke away from the Church in 2012—to enter into mediation in the ongoing dispute over enforcing the South Carolina Supreme Court’s 2017 decision on diocesan and parish properties.The hearing was initially in regard to a lawsuit filed against TECSC and The Episcopal Church by the breakaway group that has come to be known as the Betterments Act case. It was filed in November 2017 and cites the little-used Betterments Act statute to seek compensation from TECSC and The Episcopal Church for the cost of improvements made to the properties over the years. That suit followed a decision by the South Carolina Supreme Court on August 2, 2017 ruling that all diocesan property and the property of 29 parishes is held in trust for The Episcopal Church and TECSC.During the hearing, attorneys for TECSC and The Episcopal Church argued the grounds for dismissal of the case, per their motion filed on December 15, 2017. During the course of the arguments, Judge Dickson asked several questions on issues surrounding ownership and trusteeship of the involved properties.In response, the attorneys for the breakaway group primarily argued that the Supreme Court decision of August 2, 2017 does not, in their view, specifically identify the parishes that directly acceded to the Dennis Canon. That canon requires that church properties be held in trust on behalf of the diocese, to be used for the benefit of the Episcopal Church.The attorneys for the breakaway group argued that the court still needs to determine which parishes acceded to the Dennis Canon. Attorneys for TECSC and The Episcopal Church countered, noting that the Supreme Court already made that determination, identifying 29 parishes that acceded and are bound by the Dennis Canon. Both sides agreed that there were seven or eight parishes that did not accede to the canon, and therefore, those parishes are not a part of the underlying case.After both sides had a chance to present their positions to the court, Judge Dickson ordered the parties to return to mediation, even though both sides had agreed at a point earlier in the hearing that previous efforts toward mediation have not proved effective. From October 2017 to January 2018, the parties held four days of mediation ordered by U.S. District Judge Richard Gergel in connection with a separate federal lawsuit. No agreements resulted from that mediation, which was conducted by Senior U.S. District Judge Joseph F. Anderson, Jr. in Columbia, SC.Judge Dickson noted that mediation is now mandatory in circuit court, and it is his belief that because there are “problems of the court deciding church issues,” mediation would be the best way to resolve the “competing interests in this case.” He advised that his mediation order is “global and complete” for all cases before him involving the associated parties (other than the seven or eight parishes that all parties agreed are no longer involved).All parties agreed to select a new mediator, and the judge encouraged them to work together to select someone who is agreeable to both sides. Overall, the attorneys for TECSC were pleased with the tone of the hearing. “We have to  leave open the possibility that some things could change, and mediation would be effective,” said Chancellor Thomas Tisdale, Jr.No timetable was set for the next steps. Judge Dickson did not rule on the motion to dismiss the Betterments Act case, nor did he grant a stay (as requested by the breakaway group) that would put the case on hold until mediation is complete.​According to attorneys, mediation is best understood as a conversation, with a mediator directing and facilitating. The only way mediation results in any action is if all parties agree to a resolution in writing. Cathedral Dean Boise, ID Priest-in-Charge Lebanon, OH Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Rector Knoxville, TN Rector Tampa, FL Associate Rector Columbus, GA Priest Associate or Director of Adult Ministries Greenville, SC Rector Martinsville, VAlast_img read more

EU court confirms lifeboat fund must amend compensation limit [updated]

first_imgThe lifeboat fund also applies a limit on annual compensation for members that chose to take early retirement.Hampshire launched his case after his expected annual pension was slashed by 67% following the insolvency of Turner & Newall, formerly a manufacturing business, and the transfer of the plan to the PPF’s assessment period.Today’s ruling cannot be appealed, so the PPF must now discuss with the government’s work and pensions department about how to implement it. A spokeswoman for the fund said this process had already started.The PPF said that the “vast majority” of its members already received more than half of their accrued benefits, meaning “less than 1%” were expected to be eligible for an increase. This would push its liabilities up by at most 1%, the fund said.As of 31 March 2018, the PPF had total liabilities of £29.6bn (€32.9bn) but assets worth £36.3bn, meaning it was 122% funded.The spokeswoman added: “We will work to implement the judgment as quickly as possible but first need to consider the judgment further to understand what action we can take prior to legislative change and the conclusion of the UK court proceedings. “Members can be reassured that we will update them further as soon as we are able.”The headline for this story was updated on 6 September to clarify that the compensation limit will not be scrapped following the ECJ ruling. The UK’s Pension Protection Fund (PPF) must ensure all of its members receive at least half of the defined benefit (DB) pension they were promised before their employer went bankrupt, according to a European court ruling today.The European Court of Justice (ECJ) ruled this morning in line with a legal opinion published in April by Advocate General Juliane Kokott on the case of Grenville Hampshire versus the board of the PPF.The ECJ said the EU’s rule regarding pension compensation “must be interpreted as meaning that every individual employee must receive old-age benefits corresponding to at least 50% of the value of his accrued entitlement under a supplementary occupational pension scheme in the event of his employer’s insolvency”.Currently, the PPF pays 90% of the pension entitlements of DB scheme members when their employer goes bust. Those who have already retired receive 100%, but may face limits on inflation-linked uplifts.last_img read more