Ind. Admin. Code tit. 646, r. 5-5-5 – Churches and religious organizations

Sec. 5. (a) As used in this rule, "church", "convention", and "association" have the meanings set forth in IC 22-4-8- 2(j)(3)(A).

(b) Service performed for a college devoted primarily to the preparation of students for the ministry is not employment, as is the service for a novitiate or a house of study training candidates to become members of a religious order.

(c) A church-related charitable organization, such as an orphanage or home for the aged, is not considered to be operated primarily for religious purposes, and service performed for such an entity is employment.

(d) Under IC 22-4-8-2(j)(3)(B), the exclusion of service performed by ministers in the exercise of their ministry, and by members of a religious order in performing the duties required by the order, applies only when the service is performed for nonprofit organizations required to be covered by the state law.

(e) A minister is ordained, commissioned, or licensed if he or she has been vested with ministerial status in accordance with the procedure followed by the particular church denomination. However, he or she does not have to be connected with a congregation. Ministerial authority continues until revoked by the church.

(f) For purposes of this section, "exercise of the ministry" includes the following:

(1) The conduct of religious worship and the ministration of sacerdotal functions.
(2) Service performed in the control, conduct, and maintenance of:
1. (A) a religious organization under the authority of a religious body constituting a church or church denomination; or
2. (B) an organization operated as an integral agency of such a religious organization or of a church or church denomination.
(3) Service performed for any organization under an assignment or designation by a church, not including cases in which a church merely helps a minister by recommending him or her for a position involving nonministerial services for an organization not connected with the church.
(4) Missionary service or administrative work in the employ of a missionary organization.

(g) As established in subsection (f), service of an individual as a chaplain in an orphanage or in a home for the aged is not employment since the service is in the exercise of the individual's ministry.

(h) Service of an individual who is a member of a teaching or nursing order who is engaged in teaching or nursing is not employment, if the order requires the performance of such service.

(i) Control, conduct, and maintenance of an organization is the performance of services directing, managing, or promoting the activities of the organization.

(Department of Workforce Development; 646 IAC 5-5-5; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA; readopted filed Nov 27, 2017, 3:22 p.m.: 20171227-IR-646170447RFA; readopted filed Jun 16, 2023, 1:21 p.m.: 20230712-IR-646230344RFA )