United Retired Pilots Benefit Protection Association

WEBSITE UPDATE 12/31/04

The Pension Benefit Guarantee Corporation filed a motion on Thursday, December 30th in the Federal District Court in Chicago requesting an involuntary termination of the pilot pension plan. Specifically the PBGC asked the court to order four things:
  1. Termination of the United Air Lines Pilot Defined Benefit Pension Plan
  2. Appointment the PBGC as trustee for the plan
  3. Establish December 30, 2004 as the effective date of termination.
  4. Require United to deliver all plan assets and documents to the PBGC.

THIS MOTION BY THE PBGC DOES NOT TERMINATE THE PLAN! The plan can only be terminated by a determination of the court. URPBPA, among others, plans to vigorously oppose this motion. Note that this action takes place in Federal District Court and not in the Federal Bankruptcy court of Judge Wedoff.

Pending action by the District Court in favor of the PBGC’s motion, United is legally obligated to continue making pension payments. When contacted today, a United representative stated that pension payments would continue normally.

As we noted in our letter of August 31, 2004, even if the PBGC is successful in its attempt to terminate the pilot pension plan, URPBPA will continue to work on behalf of its members to insure that each member receives the appropriate payments from the PBGC. In both the Pan Am and U.S. Air terminations, it required significant organized efforts to insure that each retiree was receiving the maximum payment from the PBGC allowed by law.



WEBSITE UPDATE 12-30-04

Today, December 30, 2004, the Pension Benefit Guarantee Corporation (PBGC) filed a motion in federal District Court in Chicago seeking the immediate termination of the United Airlines pilots' Defined Benefit Pension Plan. Today's action by the PBGC affects only the pilots Defined Benefit Plan. The filing by the PBGC seeks the termination of the pilots plan effective December 30, 2004. The United Retired Pilots Benefit Protection Association will be opposing all efforts to terminate the pilots Defined Benefit Pension Plan.



WEBSITE UPDATE 12-24-04

On December 22, 2004, the United Retired Pilots Benefit Protection Association (URPBPA) filed a notice of appeal to the United States District Court for the Northern District of Illinois from the order denying URPBPA and certain individual retired pilots' Motion to Appoint a Section 1113 Authorized Representative to defend United Air Lines retired pilots rights to receive vested pension benefits under the pilots' tax-qualified and non tax-qualified defined benefit pension plans and to defend the retired pilots' interests in connection with the Debtor's Motion For Authority to Reject Their Collective Bargaining Agreement Pursuant to Section 1113(c), which order was entered by Judge Eugene R. Wedoff on December 14, 2004.

The Debtors are attempting to modify the pension related benefits that have been earned by United's pilots by terminating the Pilots Defined Benefit Pension Plan. United has recognized that it will need to go through a two-step process. In step one, United will need to satisfy the requirements of Section 1113 and remove any requirement from its collective bargaining agreement that prohibits United from terminating the pilots' pension plan. In step two, United will need to satisfy ERISA's distress termination provisions.

ALPA has made it clear that they do not represent retired pilots, (and as a result ALPA cannot bargain regarding the rights of retirees to receive retirement benefits) and United has not made a proposal to or attempted to negotiate with an authorized representative for United's retired pilots. United is seeking to unilaterally terminate vested retiree benefits. United cannot satisfy the requirements of Section 1113 if an authorized representative is not appointed to represent United's retired pilots. URPBPA filed a motion seeking the appointment of an authorized representative so that United's retired pilots' will have the right to bargain with United with respect to United's attempts to take actions that affect their rights to receive pension benefits.

URPBPA seeks the following relief: (1) that the bankruptcy court's December 14, 2004 order denying URPBPA's motion be reversed, (2) that URPBPA's motion to appoint a Section 1113 authorized representative be granted, (3) that the court order that United commence a Section 1113 bargaining process with an authorized representative of retired pilots, (4) that any agreement which impacts retired pilots reached in the meantime between United and ALPA be declared null and void, and (5) such further relief that this court deems just and proper to ensure that United complies with the requirements of Section 1113 with respect to the rights of retired pilots.

Appeal processes such as these usually take between thirty and sixty days before the appeals court issues a ruling.



WEBSITE UPDATE 12-18-04

On December 17, 2004, the United Retired Pilots Benefit Protection Association (URPBPA) participated in the monthly UAL bankruptcy omnibus hearing. The issue URPBPA had before the Court was an item deferred from the December 14, 2004 court hearing when URPBPA requested the Court to order United to provide certain documents in the discovery process. URPBPA had requested a copy of the Bridge report which is an evaluation of United's latest business plan. It was created as part of the settlement between United, the AFA, and the IAM of the unions' request to have a Trustee appointed to run United Airlines during the remainder of the bankruptcy process. In filings made prior to the December 17 hearing, United, the AFA, and the IAM asserted that the Bridge report and Bridge's experts would not be used in any manner in the 1113 hearings. There is a provision in bankruptcy law that protects from discovery studies that will not be used at trial. Therefore the Judge said he had no option under the law but to deny URPBPA's request to receive the Bridge report.

URPBPA has received copies of United's latest business plan, and the pilots’ Defined Benefit Plan actuarial data under a confidentiality agreement URPBPA has signed with United. The experts URPBPA has retained to assist in the defense of the pilots’ Defined Benefit Pension Plan are analyzing these documents.

The other item of interest to URPBPA at the hearing was a request to the Court by United to schedule a hearing for the Court to approve the recent settlement between United and the UAL-MEC. The Judge set the hearing for January 6, 2005.

The tentative agreement was approved by the UAL-MEC on December 16, subject to ratification by the UAL ALPA membership. Part of the tentative agreement removes the requirement for United to maintain a Defined Benefit Pension Plan for United's pilots. The agreement also states that the UAL-MEC will not object to United's plan to terminate the pilots' Defined Benefit Pension Plan.

The UAL-MEC has surrendered the rights of United pilots to have a Defined Benefit Pension Plan. If, with the MEC's assistance, the pilots' Defined Benefit Plan is terminated, it will result in a significant loss of pension income for many of United's current pilot retirees. The tentative agreement provides several means of replacing a portion of the lost pension by active pilots due to the plan termination. However, United's current pilot retirees will have only the protections provided by ERISA and the Pension Benefit Guarantee Corporation. This represents a significant shift of pension income from current United pilot retirees to future pilot retirees. URPBPA and others will be filing vigorous objections to the United/UAL-MEC tentative agreement prior to the January 6, 2005, hearing.

A copy of the complete United/UAL-MEC tentative agreement can be viewed by clicking on the link below.

    ALPA Tentative Agreement

Termination of United's Defined Benefit Plan is a two-step process. The first step is the removal of the requirement for United to maintain a Defined Benefit Plan from the pilots' labor agreement. This is what the MEC has tentatively agreed to do. The second step is a termination hearing. The tentative agreement states that United will not seek to terminate the pilots' Defined Benefit Plan prior to May 2005 or ten days prior to the date for exiting bankruptcy, whichever comes first. United must give notice to plan participants of any proposed plan termination at least sixty days prior to the proposed termination date. During this sixty-day period, the Bankruptcy Court will conduct a termination hearing. URPBPA, the PBGC, the Department of Labor, and possibly others will be participating in any termination hearing.



WEBSITE UPDATE 12-15-04

On Tuesday, December 14, a hearing was held in Judge Wedoff's court on the motions filed by the United Retired Pilots Benefit Protection Association (URPBPA) seeking "To Appoint A Section 1113 Authorized Representative For United's Retired Pilot's In Conjunction With Debtors Motion For Authority To Reject Their Collective Bargaining Agreements" and " A Motion To Compel Discovery From Debtors."

Judge Wedoff denied URPBPA's motion to participate in the Section 1113 negotiations. Despite the fact that URPBPA's 3089 members have authorized URPBPA to act as a Committee for the retired pilot members of URPBPA, the Judge said he would not appoint URPBPA or any other group to participate in negotiations with the Company. He said that, under the law, only the unions and the Company can negotiate in an 1113 proceedings. URPBPA's attorneys argued that ALPA is not representing the retirees and that retired pilots have vital interests at stake, that no one will be representing those interests, and that URPBPA should be allowed to represent the retired pilots' interests. Judge Wedoff said he disagreed and that his reading of the law did not allow URPBPA to be involved. Judge Wedoff said it is apparent that he and URPBPA's attorneys have differing views of this matter and that the only recourse is to have somebody else above him review his decision. He said that if there is a contested hearing over the pension matters under 1113, URPBPA can participate in the hearing.

Judge Wedoff was informed that URPBPA and United have reached agreement on a confidentiality agreement, but United still has not provided any of the information URPBPA has requested. The Judge asked the Company when they would make the information available. The United attorneys said some of it would be given to URPBPA almost immediately and that they would provide the Company's business plan and the Defined Benefit Plan actuarial data. United did not want to provide any information related to their negotiations with ALPA nor the Bridge report. The Bridge report is a study done by an outside business consulting firm that was employed to complete an independent review of United's business plan. Judge Wedoff ruled that we cannot have access to the information about the ALPA/Company negotiations.

The Judge questioned why the Bridge report could not be made available and was told it's because of a confidentiality agreement between United, the AFA, and IAM. He said his reading of the law did not provide for a confidentiality agreement to override discovery. Points of this matter were argued and he delayed making a decision until the scheduled omnibus hearing on Friday, December 17. Both the IAM and AFA attorneys argued against releasing the Bridge report.

At the conclusion of the hearing, the Company attorneys told the Court that United has reached an agreement with ALPA on the Section 1113 proceedings. There were no details given nor a date set for the release of any information.

Judge Wedoff did comment that URPBPA will be allowed to participate in any Defined Benefit Plan distress termination proceedings. A distress termination hearing is required before the Company will be allowed to terminate the pilots' Defined Benefit Plan. URPBPA will continue to monitor the Section 1113 process and regardless of whether there is a trial to resolve the Section 1113 matters between ALPA and United, URPBPA will be fully prepared to participate in a distress termination hearing should there be one prior to United's emerging from bankruptcy.



WEBSITE UPDATE 12-13-04

On December 10, 2004, the United Retired Pilots Benefit Protection Association filed a motion with the Bankruptcy Court seeking "To Appoint A Section 1113 Authorized Representative For United's Retired Pilot's In Conjunction With Debtors Motion For Authority To Reject Their Collective Bargaining Agreements" and " A motion To Compel Discovery From Debtors."

Copies of these filings may be seen by clicking on the appropriate link below.
    URPBPA Emergency Motion to Compel Discovery
    URPBPA Emergency Motion to Appoint Section 1113 Authorized Representative