IMPORTANT SURVIVOR information in many former
HL issues but INSURANCE section of High Life 340 and FINANCE section of 336 a
good resource to keep.
CORRECTION to language I used in HL 350 for
the D & S Plan TRUST
I
previously used the word ‘unfunding’ or ‘defunding’ the Trust but I believe that is in error and
can cause unnecessary misunderstanding. The Company is not defunding the Trust but
rather funding it ‘monthly’ as opposed to carrying a long term balance. There IS a tax advantage for both Company and
Beneficiary from the Section 501(c)(9) nature of the Trust so, one would expect
to see the Company continue to keep the Trust even though the funding is not executed
well in advance.
+++++++++++++++++++++++++++++++++++++++++++++++
(Placed in the Insurance section because
Survivor benefits are actually an insurance benefit and this may help with Tax
questions. I thank Capt Foster for asking this question and Kathryn Hill for her
informative answer).
Thank you very much for this info. I know that many CPAs
have taken the same view that these benefits are not taxable. I will print this
email for my wife to keep along with the Survivor Chk List and other pertinent
info dealing with becoming a widow.
I knew there was an annual letter requiring a response,
but I did not know the consequences of failing to return it on time. I
also thought it came every April.
Travis Foster
State College, PA
814-861-3015 home
814-574-9428 cell
----------------------------------------------------------------------------------------------------------------------
In a message dated 7/4/2023 6:33:24 PM Eastern Standard Time, kuhill2660@gmail.com writes:
Good evening, gentlemen and I wish you a
Happy Fourth of July!
You may have had responses already to
the question asked re: taxable survivor benefits but if not, perhaps these
attachments will be helpful, albeit just as confusing as everything else DAL
has done over the last few decades.
I have been very fortunate to receive
survivor benefits from Delta since my husband, Charlie Hill (767ER - ATL)
passed away in January 2016 and I rely financially on that benefit. We
were definitely effected by the bankruptcy and cuts to the pilots' retirement
plans back in 2002 when he retired, as so many were.
When I filed my first tax return after
Charlie had passed away, my CPA (in Georgia) and our financial advisor
(Retirement Advisors of America - RAA) gave me the attached information and it
is just about as clear as mud. Even though I have a law degree and an LLM
in Taxation, I still don't have a clue, however, I have taken the
interpretation that these funds are NOT taxable income and are treated the same as a "pay
out" from a life insurance policy.
My CPA has always claimed this income as
"non-taxable" and as of this date, I have not had any issues or IRS
interest. I did attend an RAA client seminar about 5 years ago and their
attorney that sat at the luncheon table with me said she always claims this
survivor benefit as taxable income and I vehemently disagreed with her.
In the event your spouse survives you,
please remember that it is extremely important for her to
return within 30 days the annual one page verification letter that
arrives at an undetermined month each year (sometimes in April, sometimes in
November). In the event this verification letter is not returned in a
timely fashion the benefits will cease to exist and there will be no more
monthly survivor benefits. I always follow up with a telephone call to
MYDELTA to verify they have received this document. (I
believe it IMPORTANT to place this annual “Verification Letter return” note in
your survivorship papers for your spouse, Mark).
One final note regarding benefits:
Previously a widow would lose the
survivor benefit if she remarried. That is no longer the case as this
was changed several years ago.
Hope this information is helpful.
Please feel free to contact me if you have any questions.
Kathryn Hill
770-378-8192
TWO attachments from Delta that Kathryn
shared:
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This
is just another 2023 recently received reiteration from Delta of not taking an
“official position” on the tax liability of benefits. To me it is HO Hum since
the overwhelming majority of beneficiaries are not paying tax on these
benefits, as it should be, since these are qualified insurance payouts exempt
from taxation, coming from a Section 501(c)(9) Trust.
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Summary
of Benefits
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Date
Produced: <RDTE> |
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1-800 MY DELTA (1-800-693-3582) |
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<CITY>, <STATE>
<ZIP> |
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EMID: |
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Dear NAME:
This is in response to your questions about the
taxability of the monthly income survivor benefits you receive from the Delta
Pilots/Family-Care Disability and Survivorship Plan.
Delta believes it is required to report the amount of
monthly survivor income benefits paid to you on Form 1099 each year. This form is sent to both you and the
Internal Revenue Service. However we have not determined the taxability of this
amount and note that on the Form 1099.
We strongly encourage you to discuss any questions you have about tax
liability on these survivor income benefits with your income tax advisor. We are not able to advise you in this
regard.
Sincerely,
The Employee Service Center
+++++
To PRINT this Tax Info page shared by Kathryn
Hill and made available by the PCN
To PRINT Click here: https://pcn.homestead.com/files/Misc_Files/DeltaBenefits/Survivor_Tax_Information_shared_by_Kathryn_Hill.pdf
+++++++++++++++++++++++++++++++++++++++++++++++
PRINT this and
keep with Delta Pilot’s estate papers for Surviving Spouse:
Fill in for family -Pilot Full
Name:_______________________________________
Pilot ID #: _____________________
Hire Date: _____________________ Retire Date:________________
Delta
SURVIVOR BENEFITS Summary:
NOTES - Update as of July 2023
Overview: The
benefits of Disability and Survivorship were first negotiated in 1972. Delta has honored paying out these benefits
since then, BUT in 2023 they have decided to fund the Trust monthly instead of
having a long term balance and continue to use it as a managing vehicle for
distribution of benefits. The Trust
still pays out monthly benefits but the funding is also monthly out of
operating revenues. All notes below,
affecting the survivor, are subject to Delta being willing and able to continue
paying the benefits as negotiated.
1.
Survivor sign up to RECEIVE benefits:
Upon the death of the Delta pilot, contact the ESC at 800 MyDelta or Retirement
and Survivor’s Benefits Department at 404-715-2018 and complete the signup by
providing them the verification needed.
Benefits are paid out monthly.
Important Note on ACTION required by Survivor: Benefits
continue as long as Delta receives the “ANNUAL VERIFCATION LETTER” from the
beneficiary within 30 days of being sent.
Do not overlook this or the benefits will cease.
Note 2: There use to be a loss of eligibility for the
survivor eligible to continue to receive benefits if they remarry. But that is
no longer the case.
2.
Taxing of Benefits
for Survivor
– the principals of funding the D & S Plan for survivor benefits as an
insurance have been complied with from Delta as per Section 101(a) of the code……
therefore for years and years benefits paid out of the Section 501(c) (9) Trust
have been treated as a NON-TAXABLE insurance benefits negotiated for the
deceased pilot’s survivor. Delta assumes
they are non-taxable as well but in 2022 started backing off any “official
position” issuing 1099’s with the “Tax Determined Box” check as Not
Determined. Check with a tax advisor if
you are in question but these benefits should be non-taxable. The overwhelming
majority of survivors report it as non-taxable and are not questioned on the
matter from the IRS. Important: it is
assumed that Delta still funds the Trust (albeit monthly from operating
revenues) for a tax benefit for both the company and the beneficiary, since
survivors are still receiving insurance characterized funds from a Section
501(c)(9) Trust.
3. Amount received: The process for the formulation is now
changed since the Trust no longer carries an asset balance. This changed starts as of 2023, because Delta
is no longer paying out benefits from the Trust long term asset balance. The Trust is being funded monthly instead of
long term and continued to be used as a vehicle to distribute the benefits
which come from Delta’s operating revenues.
So the pilot’s Final Average Earnings is still the basis for the
formulation of benefits but other elements such as the Trust’s operating
balance are now no longer in the calculation.
As of 2023 ALPA is attempting to negotiate an altered formulation, of
the fixed and variable amounts that a survivor receives, to mimic what was paid
out prior to the monthly funded Trust.
What
are the Delta pilot’s survivor benefits?
There are TWO types of survivor benefits. The
J&S annuity option from the DB
Plan, Type 1, is paid for by you by
receiving a decreased benefit when you retire.
You may waive this option if your spouse
gives notarized consent. The other type
of survivor benefit, Type 2, is automatically
paid from the Disability and Survivor
(D&S) Plan’s trust fund at no cost to
you.
Type 1 – If the Post-Retirement
Survivor Benefit Option under the Retirement
Plan is in effect at your death, a benefit
equal to approximately one half of your
monthly retirement benefit is paid to your
surviving spouse. (Most
didn’t do Type 1)
xType 2 – From a combination of the D&S Plan and the retirement plan, the
following benefits are paid upon your death:
(This
one is automatic after notification and if the trust is still being funded by
Delta)
o A lump sum benefit of $50,000 if you are
still working or disabled
(reduced to $10,000 in 5 equal decrements
upon retirement or upon age
60 if disabled); and
o A monthly benefit, based on FAE as
explained below. Pre-retirement
FAE is based on the highest 12 consecutive
months of earnings in the
last 36 months. Post-retirement FAE is based
on the highest 36
consecutive months of earnings in the last
120 months. One half of the
monthly benefit (variable amount) is eligible
for an increase/decrease each April.
Death before age 50 while actively employed:
One Eligible Family Member (EFM) – 25% FAE
Two EFM’s – 30% FAE
Three EFM’s – 35% FAE*
Death after age 50 while actively employed:
One EFM – 30% FAE
Two or more EFM’s – 35% FAE*
Death
after retirement: (this one applies to retirees situation)
One EFM
– 30% FAE
Two or
more EFM’s – 35% FAE*
These
amounts are reduced by a fraction equal to years of Delta credited
service
divided by 25, reduced by 3% per year (.25% per month) for retirement
before
60.
Death while disabled, but NOT RETIRED:
The greater of 50% of gross disability
benefit you were receiving or 25%, 30%,
35%* FAE based on the above EFM schedules.
Death after retirement from disabled status:
50% of the pre-retirement disability benefit.
*Reduced to 30% FAE when you would have
reached age 65.
Referencing
the full Plan and/or benefit calculators can help you determine your
approximate benefit amount better than attempting the math from the summation
above.
FAQ’s
Are
there any offsets to D&S Plan survivor benefits?
No.
How
long do D&S Plan monthly survivor benefits last?
They
continue for your eligible spouse’s life as long as you did not divorce
before
your
death. Benefits for children are never affected by your spouse’s marital
status.
How
do my survivors apply for D&S Plan benefits?
Contact
the Retirement and Survivor’s Benefits Department at 404-715-2018. (Delta ESC @
1-800 MyDelta, or whomever is overseeing
this trust)
How
are the D&S Plan survivor benefits funded?
Through
company contributions to the D&S trust fund. The D&S trust fund is for
the
exclusive benefit of participants. Funding method changed in 2023 from long
term with operable Trust balance to monthly with little Trust operable balance.
(see NOTES above):
Are
the monthly D&S Plan survivor benefits taxable?
For
survivor benefits No, (see NOTES above):
What
happens if Delta goes out of business?
The
Trust may be operable only if funded…..a bankrupt Delta would cease funding for
the Trust thereby placing all benefits at risk.
(At risk see NOTES above)
To view Printable copy of this page click: https://pcn.homestead.com/files/Misc_Files/DeltaBenefits/Marks_2023_Updated_Summation_of_the_D_n_S_Plan.pdf
+++++++++++++++++++++++++++++++++++++++++++++++
D & S Plan (Trust)
News
D&S
DECREASES $260,000,000 in 2022 – Are Benefits Secure?
While I
Got More Information -- Some Questions Remain Blurry
Editor: Mark
Sztanyo
I retired in 2005! And I’ve always wanted to believe, no matter
how the roller coaster of Delta may go, that Delta Survivor benefits would be secure. I still want to be hopeful that, my wife of
50 years, would indeed receive the promised survivor benefits when I die, promised
by our contract and provided by the D&S Trust.
Read the following to see what some research
has revealed and my overall take of the situation.
The SUMMARY ANNUAL REPORT
About a week ago,
Delta sent me a Summary Annual Report of the Disability & Survivorship Plan
(Trust). In this letter, printed very
clearly, are some numbers that sort of jumped off the page. “The value of the Plan assets, after subtracting Plan liabilities,
was $201,631,618 as of June 30, 2022, compared to $462,429,731 as of July 1,
2021. During the plan year the Plan
experienced a decrease in its net assets of $260,798,113.” Of course it is
now near the end of June 2023 and it doesn’t take a rocket scientist to realize
at the rate of this drawdown there is likely not much left in the Plan. If you just assumed that, you would be
right. Currently the Plan is
un-funded. Since I would like these
benefits offered by Delta through this Plan to be available one day to my wife,
I needed to learn just what is going on?
REACHING OUT FOR HELP TO INTERPRET
My first
thought was about the mailing because it was just a summary and not the FULL
REPORT. So I called the ESC but they do
not distribute the full report which we are entitled to. They instead gave me the number of Delta
Pilot Assist 877-325-2359, and I called to get on the mail list for the Full
Report, which has not arrived yet.
Still at a
loss to explain the summary, I reached out to ALPA RI and PCN members highly
knowledgable about the Trust and these benefits. A few emails back and forth and then about 6
hours of phone calls on Tuesday the 27th and here is what I now can
share is my preliminary knowledge after hearing these briefings.
This is my
350th issue of the High Life.
The ALPA RI rep I talked with is coincidentally a Capt on the 350 (the
Airbus 350 that is). Very friendly,
very knowledgeable, and very optimistic.
As we began the back and forth I did not share his optimism, but as I
learned more of his view, I began to understand a little more his perspective. I asked if there was a printout of ALPA’s views
on this issue but he said no so the best I could hope for was a sharp mind to
remember what amounted to a jammed packed phone call with lots of
intricacy. Initially, I thought that
maybe he called like a politician and “whatever” he stated on a non-recorded phone line he could later
deny. But no, this rep was not playing
any games with me as I sensed he genuinely wanted me to know what is going on.
Below
are notes from random points made by the ALPA Rep during the phone call:
Several years ago DAL decided to draw the trust down and
only use it as the shell to distribute benefit liabilities. The Trust will remain as unfunded and simply
be the pass through during each year for benefit liabilities.
These liabilities were largely paid by DAL annual funding
anyway, but now without the Trusts having any of its own assets and growth,
these liabilities will be paid contractually by DAL out of operational revenues
through the Trust for distribution.
Payout Formulation:
Payout of benefits from the DnS has a fixed and variable
component. The variable component could
increase and was always formulated partially by the strength of assets in the
DnS Trust and since it will have no funding, ALPA is now negotiating another
formulation. The idea would be to calculate
a formula to make up for this loss of the old variable benefit formula. This negotiation is now in process and is not
over yet. I was told there will be published news when it is over. ALPA is shooting for a formulation that has
similar amounts to what has been the historic payout amounts and of course its
likely Delta is shooting at a formulation target somewhat lower.
Short
Q & A with ALPA Rep (my questions in
italics)
Why
your optimism on the plan’s demand not breaking the piggy bank? Disability liabilities for active pilots are
no longer for life but continue by DAL up to age 65 then are taken over by the govnmt. That, along with grandfathered disabled
passing off the rolls, is causing the drawdown in the size of the disability share
of (and overall payout) of the plan.
Can
this liability of Delta for disabled and survivors be a negotiation item? Technically, it always has been. Yes its negotiable, but in last few
negotiations (including the most recent) it was never on the table. The ALPA Rep felt it would be hard to place
on the table because of Delta’s long hands-off held position.
Are
NWA/DAL pilots paid out of the D&S liabilities? At first no, but now yes. So all disabled and
survivor liabilities will be paid essentially out of operational revenue
through the Trust.
During
a biz downturn, can Delta shed these benefits? Delta
is held by contract to cover these benefits.
Will
un funding the trust make it disappear AND why is Delta still using the Trust
for distribution? Well, not in the short term as DAL is using
it as a shell, for tax advantage to distribute benefit monies. Delta receives a
tax advantage from paying annual obligations passed though the shell of a
D&S Trust for distribution.
What
do other airlines do? The picture is so varied that there are few
similarities to our setup.
Now
that there is no “kitty” (asset balance in the Trust) for disability and
Survivor benefits, doesn’t this become a higher risk for pilots and their
families for loss of benefit? Not really.
The ALPA Rep painted a rosy picture of fully funded
pensions for all employees including ground pounders.
So many more questions to ask but only so much time to communicate. I thanked him for sharing his knowledge and opinions,
and for his openness and candor.
Overall, many of older pilots are skeptical that Delta is doing the
unfunding of the D&S trust for an actual company advantage. This is particularly true if the benefit
liabilities are going to be paid anyway.
Why not just pay the Trust ahead of time? The ALPA Rep didn’t share that view nor did
he believe that the company was scheming or playing the pilots on this issue. He communicated a confidence that while Delta
was changing the strategy to pay the benefits that they had no intention of
ever walking away from these obligations and will honor all benefits through
‘pay as you go’ method.
1.
BOTTOM
LINE
What are the overall views of the ALPA RI Rep I talked to about the situation? Well, I would say optimistic that Delta will not place either major benefit from the Trust on the negotiation table. They are in fact obligated by the contract to pay these benefits. So the ALPA Rep feels Delta will not turn their back on these two major benefits from the D&S Trust. AND that Delta will negotiate in good faith to create a formulation for the variable component of the benefits paid, since the contractual formulation based on Trust asset strength no longer exists. The ALPA Rep is optimistic that benefits will remain and be essentially paid out of operational revenues.
What I heard from one of our PCN
members who is a friend and an EXPERT in this area?
1.
D&S
Plan benefits should continue to be paid on a pay as you go basis. Amendments to the D&S Plan during
bankruptcy added Delta as a source of benefit payments. Section 10.5(a) of the
D&S Plan revised and restated in 2011 reads, "10.05 Source of
Benefit Payments: (a) Sources for benefit payments include
the Benefit Fund, any insurance policies owned by the Benefit Fund and
contributions made directly to the Plan by an Employing Company. Each
Employing Company is obligated to make contributions to the Plan in an amount
sufficient to allow the Plan to make all benefit payments." For clarification
"Employing Company" essentially means Delta Air Lines.
2. Although the
D&S Plan states that Delta has the right to amend or discontinue the
D&S Plan, the Pilot Working Agreement specifies that Delta has to obtain
ALPA's approval to amend, change, modify, or voluntarily discontinue the Plan.
It is unlikely that ALPA would agree to an amendment that altered existing
benefits. The Pilot Working Agreement extends until the parties are released
for self-help. The new contract signed in 2023 extends for four years. That
means that benefit payments should continue until at least 2027 and beyond that
date if the Pilot Working Agreement is extended. Of course, a future bankruptcy
could result in changes.
3. The lack of
assets in the D&S Trust impacts investment yields which determine future
changes in the variable portion of D&S Plan benefits. We have been
encouraging ALPA to focus on getting Delta to make contributions to the Trust
to resolve problems relating to the variable portion of the benefit. (ALPA is in negotiations with the company on
this very issue.)
4.
We are monitoring the situation and considering what
actions that we can take to improve the situation.
The “pay as
you go” plan by Delta for these benefits, is Delta’s plan and it should
continue without interruption, BUT funding the Trust properly is a BETTER
option that provides security for the beneficiaries and tax benefits for Delta.
The risk of a “pay as you go” plan is a downturn in revenues and income. A very significant downturn would threaten
the ability to pay benefits on time.
What is Mark’s take? “Steady as she goes,” skipper.
Is everything perfect? No……is it ever? I was encouraged by a member and friend, whom I respect, to not be overly sanguine. Well, I can assure all that I am not giddy and/or overly cheery about the situation. I would 100% prefer to dump this “pay as you go,” idea in favor of what we once had, a well funded Trust. There are many questions that arise from a strategy like this one Delta is employing. One prominent one is ‘How does this change in funding of the trust benefit Delta’…….if they are going to pay the benefit liabilities anyway? Or how about this one; does this approach of ‘paying as you go’ create more risk of for beneficiaries should there be a significant business downturn? And another question since the company has given the disabled over to the gvnt at age 65, what assurances can we have that our surviving spouses will receive life-time benefits and won’t be cut off? If you boil this last question down, the answer likely rests on a couple of things; DAL’s survivability as a corporation and DAL’s good will toward their people in protecting widow’s benefits.
But, the question at the moment for me is; is Delta weaseling out of its obligations? Are they trying to sunset the disability and survivor benefits? My preliminary answer is….. NO, there’s no tangible evidence of that. They have constantly reiterated to ALPA that they will honor these benefits. And so far the actual benefits regarding disability or survivor payments have not been on the negotiating table in any of the last several contracts. So as it stands, the 1972 created Disability & Survivorship Plan (Trust) still lives…….. just in a different form. The Trust will still be funded (when needed) and used by Delta for tax advantages and benefit distribution.
I will admit, when I looked at the numbers from the Annual Summary Report I was shocked and taken back. I knew Delta was drawing the Trust assets down but I was un-informed that they decided a few years back to carry virtually a zero balance in the trust. They plan on complying with obligations by paying out the benefits through this “pay as you go,” plan, with all funds coming out of operational revenues. Should we be worried, skeptical, angry? Well, your emotions are your own and your reactions are too. I get those who might argue….. why would Delta do this? If they are going to pay the benefits anyway, why would they not keep the Trust viable instead of opting to pay out of operating revenue?
I cannot answer that question satisfactory….
yet. So eyes wide open, we stay focused
and alert.
Many of us have experienced a ‘moving of the cheese’ in our past. Many Delta pilot retirees certainly have felt the injury of the loss of our Defined Benefit pension. Is that happening again with Disability and Survivor benefits? While I cannot tell you what Delta (and their future leaders) and ALPA (and their future leaders), will do, I can verify that current intention is to protect and pay out these benefits. So, are they moving the cheese? No, the cheese is still being distributed. With that in mind;
What Is Mark’s Take? Until
we see evidence of nefarious actions
and an assault on actual benefit payouts, then steady as she
goes. Let’s all keep a close eye on the
company, ALPA and their actions. As for now, stay alert and keep a level head
as we confirm monthly benefits continue.
+++++++++++++++++++++++++++++++++++++++++++++++++
Can someone help answer this for Capt Foster?
Mark,
I noticed a statement highlighted in red in
you article about Survivor Benefits (widows) stating that they are taxable. I
thought that Delta was still leaving that box on the 1099
"undetermined".
Has a change been announced?
Travis
Foster
State College, PA
Editor: I do not know the answer to this for
Capt Foster, but if one of you can help, will you please send in the answer and
I will publish it for all.
+++++++++++++++++++++++++++++++++++++++++++++++++
Under this insurance section, I am, in this
issue re-printing a few helps for pilot survivors and families since we are
unfortunately losing so many of our pilot colleagues. Here at the PCN we have a website with s DL
Survivor Page which links to many many helpful sites and info.
I got the following email from Capt Tidwell
and it made me do some think about using my published online Survivor’s Page as
a Printable Link Checklist for your loved ones.
From:
Jim Tidwell
Sent: Tuesday, March 28, 2023 11:29 AM
To: mark.pcndir@gmail.com
Subject: retirement handbook
How can I get the hand book for retirement without having to print 100 pages ? The PCN website book, I want my wife to have a guide line and info if I am not around ?
Thank you jastidwell2@gmail.com
So highlighted below is the revised
Survivor’s Page that could be PRINTED as a brief list of helpful documents
should you Fly West.
1. PCN Delta Survivor Page of INFO and Links
NEW – PRINT this Updated couple of pages
for your survivor’s sake
as a LIST OF LINKS important after you have
Flown West: http://pcn.homestead.com/DLSurv.html
2. Delta produced Death Checklist for Survivors:
3. ALPA (DAL MEC) produced ‘worksheet’ that can be filled
out and stored for Survivors and Families.
This worksheet is located with the ALPA Ret & Insur Handbook in the
last section: http://pcn.homestead.com/files/Misc_Files/2022_ALPA_Ret-Insur-handbook.pdf
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