Pension - HL 332 (1)

The 15 year battle for benefits fairness led by some extraordinarily dedicated DP3 pilots is over. 

 

When the merger (acquisition) between NWA and DAL was announced,  interestingly enough there were at least 3 important thresholds, held by ERISA precedent, that should have been met before the courts would allow a Defined Benefit pension plan to be terminated.  Delta did not meet the standards in ANY of the thresholds, yet the court banged the gavel and DAL pilot DB plan was terminated in the Fall of 2005.  Fortunately, for our retired pilot friends at NWA, who are now part of the Delta family, they did not suffer the same fate.  (Yeah, I know the NWA retired pilots had some “adjustments” to their plan but NWA, nor later Delta, never terminated their plan but rather took over their DB plan and is paying it out as we speak.   It was and has always been the DAL retired pilots, with the plan terminated and took over by the PBGC, who suffered the greatest harm since the PBGC pays out a mere pittance of what was obligated.  There is just no other group that rises to the Delta retired pilot’s level of retirement harm.  So, this inequity inspired some of our retired leader pilots into action to seek fairness and justice.  The DP3 was formed and led by some very admiral leaders and fighters whose names are below.  In criminal law it is often times hard to get a conviction on a very old cold case.  In civil law there is a similarity with trying to right a past wrong as each passing week the case becomes older and farther from view.  Never-the-less, I personally hold a large amount of admiration for Will and the guys those who led the DP3 in this effort.  All efforts eventually end and usually there is a clear win, clear loss or some vague place in between.  I will always consider the pilots who stood with the DP3 and fought as having a clear win, because they stood long and strong on the side of fairness and the right.  As we all retire from the fight, I hope the DP3 leaders and all who stood with them can hold your head high as having fought the good and noble fight. 

 

Letter from Will: Dear Mark,

 

We have just been advised that the Supreme Court has denied our petition to be heard (certiorari). While not unexpected, considering how few cases are heard, it is nonetheless a disappointing end to our 15-year battle to regain some of our lost benefits.               Despite our disappointment, the effort has been an extraordinary experience for those of us you have allowed to represent you over these years. We hope that, like us, you feel you have been part of a meaningful effort to address a fundamental governmental flaw that allows a federal agency to run rough shod over the citizens it was created to protect.               We hope you have viewed this effort like the fight against cancer – you hope your donation will cure it in your lifetime but, regardless, you know that it is a battle that must be fought. Our battle against deference will not benefit us as we had hoped it would, but our case was very much on the radar in Washington, DC legal circles.              We planned our finances so that we will be close to zero by the time all expenses are covered. We are currently evaluating the costs of ending this endeavor and we will let you know the financial details in a later email.             We want to thank each of you for supporting us and your fellow retirees throughout this effort. It says a lot about the kind of men and women we spent our careers working with. Thank you.

 

The Trustees of DP3 Inc.   Will Buergey, Chairman Wendell Lewis, Vice Chairman Roger Ross, Treasurer Clarke Brandt, Secretary Bill Caiazza George Leatherbury Rhea Nichols Tom Seever Kim Welch

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