[Untitled]

Issue 32.2 of the Review for Religious, 1973.

Review ]or Religious is edited by faculty members of the School of Divinity of St. Louis University, the editorial offices being located at 612 Humboldt Building

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St. Joseph’s Church

321 Willings Alley

Philadelphia, Pennsylvania 19106. Religious and Social. Security William Quinn, F.S. . Brother William Quinn,F.S.C., is the Assistant to the President of the Conference of Major Superiors of Men of the USA

Suite 114

1330 New Hampshire Avenue, N.W.

Washington, D.C. 20036. For some years the Internal Re~)enue Service of the U.S. Government has recognized that religious with the vow of poverty require a specific treatment under the law. In virtue of their vow of poverty, religious have no income in the sense in which this word is used by Internal Revenue Service. What-ever salary they might earn is in reality earned as an agent of their order, not for themselves personally. Because of this, religious have been exempt from the federal income tax

when the Social Security System was begun in 1936, .religious were excluded for the same reason: They had no income upon which to base the Social Security tax and which would serve to determine the level of benefits upon retirement or disability. In 1967 the House of Representatives of the U.S. Congress passed legislation extending Social Security coverage to members of religious orders under a vow of poverty. However, when the matter was considered in the Senate, representatives of religious orders requested time for further study of the effects of coverage. The provision was not included in the Senate: passed bill which went to conference, and th~ conference agreed to post-pone the matter pending study of the orders. The status of religious under Social Security was not changed in the Social Security Amendments of 1967. The 1972 Provisions The provision for extending coverage to members of religious orders that is contained in the 1972 Amendments to the Social Security Act is based upon recommendations submitted to the Congress by a joint Social Security study committee, established by the two conferences of religious superiors in the U.S., LCWR and CMSM. 210 / Review for Religious, Volume 32, 1973/2 On October 30, 1972, President Nixon signed into law the Bill, H.R. 1, entitled Social Security Amendments of 1972

this Bill is now known as P.L. 92.603. The Bill provided many modifications in the existing Social Security legislation, but Section 123 is of particular interest to religious since its heading is: Coverage for Vow-of-poverty Members of Religious Orders. Religious orders are given the option of electing coverage under Social Security for their members under a series of rather well-defined conditions. The option is open-ended, that is, there is no time limit for when this option must be exercised, but it is irrevocable once it has been made. It will then be binding upon all present and all future members of the order. This new legislation recognizes the special situation of religious with the vow of poverty by creating for the purpose of Social Security coverage a unique definition of "wages": "The term ’wages’ shall include the fair market value of any board, lodging, clothing, and other perquisites furnished to such member." Two things might be remarked about this definition: First, it is in no way related to the salary a particular religious might be receiving, and second, every religious in the order has an assignable "wage." The services performed by the religious might actually be carried out in an institution such as a school or hospital, but for the purposes of this Bill these services are deemed to be performed by the religious as an employee of the religious order. The obligation of paying the Social Security taxes members of the order falls upon the order, and not the particular institution for which the religious might be working. The effect of this legislation is to allow religious orders (or an autono-mous subdivision, such as a province or an independent monastery) the option of entering the Social Security system. The rates of taxation, the conditions for claiming disability, and the requirements for old-age benefits are the same for religious as all other participants in the Social Security pro-gram. A retroactive feature is built into the legislation, to allow the order to make the effective date of coverage any time’up to five years previous to the date of election of coverage. The order must pay the accumulated back taxes for all of its members, starting with the chosen effective date, but in so doing a number of older religious Will qualify immediately for old-age and Medicare benefits. The answers to specific questions about eligibility, tax rates, and bene-fits must be found in publicatigns of the Social Security Administration, or by consulting local offices of the Administration. These questions and answers are part of the daily routine of these offices and should not present any great difficulty. Special Questions Some questions, however, do pertain directly to religious, and some of these present rather difficult technical considerations. Examples of these Religious and Social Security might be: What is an autonomous subdivision of an order

are alien mem-bers of the order living in the United States covered

what about U.S.A. citizens, living and working in a foreign country

when is a religious retired? It is relatively easy to know when a lay worker in a business enterprise is retired. The case of one who stops working and who is no longer paid a salary is rather obvious, but even with the layman there may be some diffi-culty in establishing the fact of retirement. This would occur, for example, in the case of a self-employed person who would substantially reduce the time devoted to employment. In the case of a religious, where the "wage" is calculated on the basis of room and board and other perquisites furnished to him by the order, the question as to when the religious is to be considered as retired becomes more difficult. Retirement, for a religious under Social Security, is defined in the new legislation as the situation in which the religious no longer performs the duties usually required (and to the extent usually required) of an active member of the order. In spelling out the interpretation of this definition for the benefit of the religious superiors who will have to make the certification of retirement, the Social Security Administration calls attention to two con-siderations: a comparison of the nature of the work being performed before retirement with that performed after, and the amount of time devoted to this service. Should a sister, for example, be assigned to the motherhouse after fifty years of teaching and there devote herself to monitoring the phone, it is clear that she has retired. The case is more difficult, say, for a con-templative sister who gradually grows more feeble with age and who is not able to keep up the pace of former years. She is considered to be retired, for Social Security purposes, when the religious superior certifies that she is no longer able to perform the services required of active members. A Typical Illustration The operation of the new Social Security legislation could perhaps best be appreciated by considering a particular case as a typical illustration of how the law would work out in practice. Suppose, for example, that Brother John Doe, born in 1917, has taken a vow of poverty as a member of a re-ligious order. Suppose further thai the prov.ince of his order elects to partici-pate in Social Security by filing the appropriate Certificate of Election, with an effective date of January 1, 1973. The tables of eligibility for retirement benefits and for hospital insurance (Medicare) indicate that 31 quarters of coverage are needed in order to be fully insured

this means that Brother John Doe must have paid Social Security taxes on his "wages" for 31 quarters, at least, in order to be fully insured. An important parameter in the discussion is the amount of "wages" on which Brother John Doe pays the tax. This is an amount arrived at by the religious superior of his province as a result of considering the fair market 212 / Review ]or Religious, Volume 32, 1973/2 value of the board, lodging, clothing, and other perquisites furnished mem-bers of the province. Suppose for the sake of our illustration that this figure is $2,500 per year. The province, beginning in 1973, must pay a Social Se-curity tax for Brother John Doe at a rate of 11.7%, or $292.50 per year. The tax rate will remain at 11.7% until 1978, when it will increase to 12.1%. This rate will continue through 1980

from 1981-85 it will be 12.3%

1986-1997 it will be 12.5%. This tax must be paid until Brother John Doe becomes disabled or until he retires. Brother John Doe will reach the age of 65 in 1982. At this time he may apply for old-age benefits. By 1982 he will have earned 36 quarters of coverage, and he will therefore be qualified for both retirement and Medi-care benefits. The amount of Brother’s retirement benefits are calculated on the basis of his average "wage" over a period of 26 years (this number is given in a Social Security table, depending on date of birth and whether the person is a man or woman). In Brother John Doe’s case his total earnings are 9 × $2,500 or $22,500

this divided by 26 gives his average yearly earn-ings as $865, or $72 a month. The Social Security Administration table of benefits indicates that Brother John Doe qualifies for the minimum benefit of $84.50 per month, or $1,014 per year. American Experience of Mortality Tables show that, on the average, men who reach age 65 will live another 15 years. Applying this figure to Brother John Doe gives his total old-age benefits as $15,210. Medicare Provisions After reaching 65, Brother John Doe automatically qualifies for Medi-care, Part A, the hospital insurance part of the health insurance program. This provides payment for services received as a bed patient in a hospital, or in an extended care facility, or at home as a patient up to 90 "hospital days" or 100 "extended care days" or 100 "homeohealth visits." The details of these benefits are spelled out in Your Medicare Handbook published by the Social Security Administration. After reaching age 65, Brother John Doe may elect to participate in Part B of Medicare which is a medical insurance program that helps pay for doctors’ services, medical services and supplies, and other health care services. The cost of this insurance is reevaluated by the Government an-nually, but was $5.60 per month for the period July 1971-July 1972. Again, the details of this insurance program are contained in the same Handbook referred to above. Brother John Doe may continue to work after reaching age 65

should he do so, he will continue to pay Social Security on his wages. Further, the first $2,100 of his wages do not influence the old-age retirement benefits he receives, but the $400 beyond $2,100 (recall that our example set Brother John Doe’s wages at $2,500) reduces his benefits by a proportion of one dollar for each two dollars earned over $2,100, or, in our example, by Religious and Social Security $200. Upon retirement, Brother John Doe would receive the full amount of his retirement benefit and would no longer pay the Social Security tax. Upon his death, a cash benefit of $251 is paid the beneficiary of Brother John Doe. However, for Social Security purposes Brother John Doe has no dependent survivors

after the deathbenefit is paid, no further benefits are paid on Brother John Doe’s account. The Question Facing Each Religious Order Each religious order is now faced with a rather complex question-- what would be the economic consequence of exercising the option of joining the Social Security system. The order becomes liable to the Social Security tax on all its present members add all future members

it also gradually qualifies its members through quar.ters of coverage for the benefits of the Social Security program, chiefly disability, retirement, and Medicare. The order must make a careful evaluation of its age profile, its wage level, and its health and mortality experience.’, to arrive at a prudent judgment as to lhe advisability of joining the Social Security program. The retroactive feature of P.IS. 92.605, Section 123, requires special consideration. This will allow religious who have recently retired, or those who will retire in the next several years, to qualify for full coverage, but the price that must be paid is the back Social Security tax for all members of the order who were active at the effective retroactive date. This date may be any number of quarters up to ’~a maximum of 20 prior to the date of election of coverage. The effect of not choosing the retroactive feature is that some of the present older religious will not qualify for Social Security benefits, nor will they be eligible for Part A of Medicare after reaching age 65. Detailed information on Social Security matters is contained in the .publications listed below. Also, more specific reference to Social Security as it affects religious with a vow of poverty is given in the series of questions and answers that follow. Critical Social Security Questions Question 1. For purposes of the law relating to the Social Security coverage of religious (P.L. 92.603), what are considered wages? Answer. Wages for the purpose of this law shall include the fair market value of any board, lodging, clothing, and other perquisites furnished to a member by the order or autonomous subdivision thereof or by any other person or organization pursuant to an agreement with the order or subdivi-vision. Question 2. Does the law provide for a minimum or maximum amount for evaluated maintenance? Answer. The legislation specifically provides that the evaluated mainte-nance shall not be less than $100 per month. The maximum of course 214 / Review [or Religious, Volume 32, 1973/2 would be $10,800 under the 1972 amendments. The committee reports emphasize that the evaluation shall be on a reasonable basis. There is no indication that cost accounting principles must be applied. The committee reports also emphasize the understanding that there will be one established or evaluated wage for all of the members of the order regardless of the position which they occupy. Question 3. Are religious subject to both Social Security and income taxes? Answer. This law does not affect the vow of poverty but rather confirms it. Therefore, there would be no income tax liability on evaluated board and lodging. The Social Security taxes imposed on wages are limited by the law to orders which waive their tax exempt status for the limited purpose of Social Security coverage. Question 4. Will the religious be required to file any income tax forms? Answer. No, this law is not based on the self-employment concept as in ~the case of ministers. The only form filed is that which is required of tile employer

that is, the order or a subdivision thereof. Question 5. Who determines the level of income for a particular religious order or autonomous subdivision thereof? Answer. This is determined by the religious super:,or, based on a study of the actual situation existing with the members of the order or subdivi-sion thereof. Question 6. The order or subdivision thereof decides whether or not to come into the Social Security System

how is this decision made? Answer. The law does not specify how the decision is to be made. The provincial may get to~ether with the council and make the decision. Alterna-tively, the entire membership might be polled on the question. Question 7. If the order elects to come under Social Security, is this election irrevocable? Answer. Yes. Question 8. How many quarters of coverage are necessary in order to be fully insured under Social Security? Answer. Ultimately, the answer depends on the date of birth of the person being considered. It is necessary to go to a table supplied by the Social Security Administration to find the answer to this question. It should be observed here that, depending on the age of the individual, it may not be necessary to have as many quarters of coverage to secure Medicare coverage. This too depends on Social Security Administration tables. Question 9. Is it economically advantageous for a religious order to participate in Social Security? Answer. It is difficult to give a generalized answer to this question. It must be determined for each individual order. Three of the most signifi-cant factors are: the level of wages of the members of the order, the age distribution of the members of th+ order, and the benefits which would be Religious and Social Security / :215 receivable, that is, old age and survivors benefits, Medicare coverage and disability insurance and death benefits. Question 10. What retirement benefits are paid to a retired religious who has been fully insured under Social Security? Answer. This depends on the level of "income" on which the religious paid Social Security taxes during the years he was acquiring the necessary number of quarters of coverage

however, there is a minimum benefit paid to everyone who has the requisite number of quarters. At present this minimum is $84.50 per month or $1,014 per annum. Question 11. What is the situation with respect to a religious who pays Social Security taxes for ten years and then leaves the order? Answer. The credits a religious earns toward Social Security coverage belong to him/her as an individual

should the religious leave the order he takes the earned eligibility with him into secular life. Question 12. A religious man with sufficient quarters of coverage to be fully insured reaches age 65 but continues to work

that is, he is not retired in the technical sense of the term. What is his status under Social Security? Answer. Upon reaching the age of 65 the religious who has earned the required quarters of coverage may apply for Social Security benefits and he would be entitled to the same. If he continues to work, that is, he is not retired, the order must pay the Social Security taxes on his wages even though he is receiving old age benefits. If his wages are $2,100 or less, there would be no reduction of his old age benefits. If, on the other hand, they are in excess of $2,100 there would be a reduction of one dollar for every two dollars in excess of $2,100. The above answer would apply to a member of a religious order of women with the exception that she would be eligible for Social Security at the age of 62. Her benefits, however, would be somewhat reduced. Under the 1972 amendment a man may likewise be retired at 62 but his benefits would be reduced. Question 13. Is there any significant difference in the Social Security law as it applies to men or to women? Answer. The age at which women may receive benefits, and is the nor-mal retirement age for women, is 62, whereas it is 65 for men

however, men may retire at 62 and receive i’educed benefits. The required quarters of coverage to be fully insured differs for men and for women. The exact details should be checked with table~ supplied by the Social Security Administration. Question 14. Is there any time limit in which to elect coverage? Answer. No, an election may be made at. any time the order so desires. Question 15. Is there any time limit for electing retroactive coverage? Answer. No

however, if. the order defers the election of retroactive coverage for a significant amount of time it will be more costly when the order does elect to come in on a retroactive basis. The rate for the retro-active purchase of coverage is determined by, existing tax rates during the :216 / Review ]or Religious, Volume 32, 1973/2 five year period. For example, if an order elected five years retroactive cov-erage in December the tax rate for 1967 and 1968 would be 8.80%

for 1969 and 1970 it would be 9.60 and for 1971 and 1972 it would be 10.40. In 1973 the rate will be 11.70 and by 1978 it will rise to 12.10. In addi-tion to the increased costs it is possible that some religious will not be covered if the retroactive buy-in is deferred for a substantial period of time. Some members, for example, may retire and, consequently, will not be cov-ered in the retroactive purchase. Question 16. Must one elect for a retroactive period of five years or may one elect for a lesser number of years? Answer. The order may elect to "buy in" for any number of years it wishes, the maximum being five. Question 17. If a religious is active during the retroactive period and alive at the time of election but no longer a member of the order should he be counted in determining retroactive coverage? Answer. Yes. Question 18. When must the order pay for the retroactive coverage? Answer. By the end of the quarter in which the election is made. This payment must be made in a lump sum

there is no provision for an install-ment buy-in. Question 19. May an order elect coverage before the forms and regula-tions are finalized? Answer. Yes

notification of election of coverage may be sent to your district Social Security office. Question 20. When should a religious secure a Social Security number? Answer. As soon as possible. It is not necessary to have Social Security coverage in order to acquire a number. Acquisition of a number might speed receipt of benefits when an election is finally made. Question 21. If a religious subject to a vow of poverty performs ser-vices not required by the order but merely with the approval of his or her superior may he or she receive the benefit of this law? Answer. No, the services performed must be at the requirement of the religious order or subdivision thereof. Question 22. If a religious receives board and lodging from another organization (parish) how shall the wages be determined for Social Se-curity purposes? Answer. The tlat rate which is adopted for all religious shall prevail. Question 23. How much would it cost to buy in retroactively for a five year period at an evaluated wage of $100 per month? Answer. It would cost $612 per member who was active during the five year period and alive at the time of election. Some Available Literature 1. Social Security Handbook (SSI 135). This is available from the Religious and Social Security / 217 Superintendent of Documents and provides o]~erall ~nformatlon but nothing more recently than 1969. It will be 3 to 6 rrionths, before anything like its counterpart will be brought out. The volume c~sts $2.25. 2. Your Medicare Handbook (DHEW ,Publication

SSA 72-10050). This is available from the Superintendent of Documents at 35 cents in bulk rate, free for a few copies. The Handbook is available to anyone entitled to Medicare. 3. Your Social Security (DHEW SSA 72-10035). This provides gen-eral information and is available free from the Superintendent of Documents. 4. If You Become Disabled (SSA 73-10029). Available free even in bulk. 5. Your Social Security Earnings Recordi (DHEW 73-10044). Avail-able from the Superintendent of Documents. 6. How Medicare Helps You When You Go to the Hospital (DHEW 72-10039). This may be free in bulk. 7. Estimating Your Social Security Retirement Check (SSI 47). Avail-able free. Theological Reflections on the Ordination of Women Committee on Pastoral Research and Practices The Committee on Pastoral Research and Practices is a committee of the’ National Conference of Catholic Bishops. Foreword This report prepared by the Committee on Pastoral Research and Practices has been approved for publication by the Administrative Committee of the National Conference of Catholic Bishops. The report is not definitive. It deals only with the question of ordination to diaconate and priesthood, leaving aside the question of installation of women in ministries of lector and acolyte. It is a contribution to the con-tinuing dialogue on a subject of great importance. Its purpose is to encour-age further study and discussion while making honest efforts to identify the major questions which must be examined in depth before conclusive answers can be given. We are conscious of the deep love for the Church which underlies the growing interest of many women in the possibility of ordination. Our own appreciation of their indispensable contribution to the life of the Church underlies this effort at honest dialogue. Other churches are also engaged in a study of this question. While their reflections have been helpful to us, we hope ours may be helpful to them. Theological Reflections on the Ordination ot Women The question of ordaining women is an old one in the Church, but it has not yet been thoroughly researched for Catholic theology. There is no explicit authoritative teaching concerning the ordination of women that settles the question. The topic should be given exhaustive study. The theological reasons for and against the ordination of women need to be developed in careful and 218 The Ordination of Women / 219 objective fashion. A thorough study is required not because of sociological trends, but because of developments in the Church within the past decade. The encyclical Pacem in terris (no. 41) in 1963 listed the emancipation of women as a positive development of modern times. The Pastoral Constitution on the Church in the Modern World (nos. 9, 29) in 1965 rejected any discrimination based on sex. The admission of women as auditors to the last two sessions of Vatican II (1964-65), the proclamation of St. Theresa of Avila as Doctor of the Church (1970), the discussions on this subject in the Third Synod of Bishops (1971)--these trace a considerable recent development concerning woman’s role in the Church. The revelation given in Galatians 3:28 shows the equality before God of every Christian: "There does not exist among you Jew or Greek, slave or freeman, male or female. All are one in Christ Jesus." In the Church then there is no distinction of persons: Discriminatory lines have been erased by Christ. In the Church there can be no discrimination. The basic text and basic teaching, however, do not mean that there are not different ministries in the Church, or that one ministry is to be pre-ferred over another--as the same St. Paul taught in 1 Cor 12:4-14: 1. In spite of this doctrine of the equality of all in Christ, no woman has ever been pope, bishop, or priest. At the present time it cannot be proven or disproven that women were ever ordained deacons. It is Church law (Canon 968) that women are not eligible for orders. Several scriptural and theological justifications have been proposed to explain why women are not eligible for ordination. They are here listed-- in a general order of increasing importance--with some brief comments. 1. In the Old Testament, authentic priesthood was limited to males. The Aaronic priesthood and the levitical service (a service somewhat analogous to the diaconate) were similarly limited to males (cf. Exodus 28, Leviticus 8). This was in keeping with the strongly patriarchal Hebrew society. Be-cause we accept the law as invested with divine authority, we accept this limitation of Old Testament priesthood to men of one family within one tribe of Israel as expressing God’s will-for the Old Testament. The exclusion of most males and of all females was then also God’s will. This entire presen-tation, however, seemingly has no direct bearing on the issue at hand. We of the New Testament are studying the will of God concerning the New Testa-ment priesthood of Jesus Christ. 2. In the New Testament there is mention of a woman who was called "deaconess" (Rom 16:1) and of other women serving as deacons (1 Tim 3:11). Similarly in the early centuries of the Church, and especially in the East, there were deaconesses. Unfortunately no clear conclusions can be drawn from this information. There is no way at present to determine whether these women were called by this title in a formal or an informal way, whether the women in scripture were wives of deacons .who aided their deacon hus-bands, whether they were ordained, whether any ordination they received 220 / Review for Religious, Volume 32, 1973/2 was sacramental, etc. The uncertainty of Scripture scholars concerning an "order" of deaconess is illustrated in the Jerome Biblical Commentary, 53: 136

57: 21. A similar uncertainty seemingly exists concerning the deaconess in the early Oriental Church. This deaconess tradition is helpful in approach-ing the present question. However, we must beware of constructing a case for or against the sacramental ordination of women on such fragmentary and indefinite information. 3. Saint Paul repeatedly directed that women hold to a subordinate posi-tion in the Church, keep silence in the Church, keep their heads covered, tend the home and family, etc. (cf. 1 Cor 11:2-16

14:33-36

Eph 5:22-24

Col 3: 18

Titus 2:5

cf. 1 Pet 3: 1-7). There seems to be little question but these texts are of Pauline authority alone. The developments of the past decade in the Church listed in this letter, and the authorized functioning of women as lectors and commentators, further demonstrate that these Pauline texts should not be cited as arguing against the ordination of women. 4. The New Testament doctrine on "headship" as reflected in the order of creation is given to justify the leadership of men and the subordination of women in the Church (cf. 1 Cor 11:3-12

1 Tim 2:8-15). This same reasoning is advanced to explain the ordination to the priesthood of men but not of women. This doctrine of the dependence of woman on man is seem-ingly the teaching of Genesis (cf. JCB 2:18) as well as of Saint Paul (cf. supra). However, much further study is needed before conclusions can be drawn. 5. The incarnation is given as a reason for the ordination of men only. The word of God took on flesh and was made man--as a male. This then was the divine plan. It is stated that this divine plan is expressed in the person of Christ (cf. Decree on the Ministry and Li]e o[ Priests, no. 2). It is argued that a male priest is required to act in the person of the male Christ. 6. The selectivity of Christ and of the early Church presents another ap-proach. It is known that Jesus did not hesitate to contravene the law and sociological customs of his time. Yet Jesus selected only men as his apostles and disciples. Further, the replacement for Judas was to be specifically one of male sex (Acts, 1:21 in the Greek), even though women who fulfilled the other conditions were present and available. Similarly the seven assistants to the apostles (Acts 6:3) were all men, even though the work was to be that of serving widows. This limitation to men, it is argued, goes beyond socio-logical conditions of that day and points to a divine choice. 7. Revelation is made known to us from tradition as well as from Sacred Scripture (cf. Constitution on Divine Revelation, nos. 8-10). It is then necessary for theology in this question to look to the life and practice of the Spirit-guided Church. The constant practice and tradition of the Catholic Church has excluded women from the episcopal and priestly office. The-ologians and canonists have been unanimous until modern times in con- The Ordination of Women / 221 sidering this exclusion as absolute and of divine origin. Until recent times no theologian or canonist seemingly has judged