Guidelines for Receiving Pastoral Ministers in the USA

Incardination/Ascription A cleric is joined to a diocese, eparchy, institute, or society by means of incardination/ascription (cf. CIC c. 266; CCEO c. 357-358). This bond of incardination/ ascription is not severed by a cleric’s temporary service in another diocese or eparchy. For a just cause, how ever, the cleric may request incardination/ascription from the diocesan or eparchial bishop of the receiving diocese or eparchy according to the norms of canon law. The petition for incardination is to be made in writing. The diocesan or eparchial bishop is strongly advised to reply to the request in writing, indicating whether or not he accepts the petition. In evaluat ing the petition, the receiving diocesan or eparchial bishop should carefully consider the needs of his dio cese or eparchy as well as the cleric’s health, probity of life, and ministerial aptitude for permanent ser vice in the diocese or eparchy. These considerations should include an evaluation of the service that he has already rendered and his physical, moral, spiri tual, and psychological suitability. The diocesan or eparchial bishop considering the petition for incardination/ascription may choose to seek the counsel of an advisory committee, which may include members of the clergy and lay faithful of the diocese or eparchy. With suitable adaptations, he might also make use of the evaluation and assessment tools used for considering applicants to the seminary. In the case of a secular cleric, the diocesan or eparchial bishop should also have assurance that the cleric’s proper dioce san or eparchial bishop is aware of the request to change his incardination/ascription. If the diocesan or eparchial bishop of the original place of incardination/ascription is agreeable to the request, he must prepare, for validity, a letter of excardination in accord with the provisions of CIC c. 267 or a dimissorial letter in accord with the provisions of CCEO c. 359. If the cleric is a member of an institute or society, the diocesan or eparchial bishop must be willing to receive him definitively ( simpliciter/ absolute) or at least receive him experimentally ( ad experimentum) (CIC c. 693; CCEO cc. 494, 549 §3). The member must petition for an indult of departure from the Apostolic See through the competent major superior of his institute or society, in accord with the provisions of universal/common law and the proper law of his own institute or society. If he is received into the diocese simpliciter/absolute, the cleric is separated from his institute or society and incardinated in the diocese or eparchy. If he is received into the diocese or epar chy ad experimentum, incardination/ascription does not occur until the diocesan or eparchial bishop decides to

addressed in the agreement. Health care is a right that is not abrogated because a cleric is serving in another country. The receiving dio cese or eparchy should either enroll the cleric in its own health plan or assist in securing some other form of health insurance for the cleric. • The agreement should also address the question of pension benefits or their equivalent. Some dioce san and eparchial pension plans require incardina tion/ascription as a condition for the cleric to par ticipate in the plan. In that instance, the receiving diocese or eparchy could set aside an amount every month that is equivalent to the pension premium that would be held for the cleric until his service in the receiving diocese or eparchy is ended or, in the case of a cleric in consecrated life, the amount that would be given to the institute or society. • For an international cleric pursuing graduate studies, prior to his arrival there should be clear agreement about room and board, local trans portation, tuition, fees, and other educational expenses. All civil law requirements for such candidates for education or ministry should be carefully observed. Unless otherwise previously agreed upon, passport, visa, and immigration applications and renewals—and their related fees—are the responsibility of the cleric. • Finally, the agreement should address the cler ic’s return to the sending diocese, eparchy, insti tute, or society. The agreement should clearly state that the cleric will return at the end of the agreed-upon term of service and immediately if, for a just cause, he is called home by his proper diocesan or eparchial bishop or major superior or if he is directed to leave by the receiving dioce san or eparchial bishop (CIC c. 271 §3; CCEO c. 362 §1). However, the latter circumstance should always be communicated in advance to the cler ic’s proper diocesan or eparchial bishop or major superior with the reasons for such action. The proper representative of the receiving dio cese or eparchy; the diocesan or eparchial bishop or major superior of the sending diocese, eparchy, insti tute, or society; and the cleric should each sign the written agreement. In addition, the signed agreement should clearly indicate the effective date. Authentic copies of the agreement are to be maintained by both the receiving diocese or eparchy and the sending dio cese, eparchy, institute, or society.

B-4 | Canon Law Considerations