Insurance - HL 350 (3)

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.

 

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D & S Trust News

 

D&S DECREASES $260,000,000 in 2022 – Are Benefits Secure?

 

While I Got More Information -- Some Questions Remain Blury

 

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 27^th and here is what I now can share is my preliminary knowledge after hearing these briefings. 

The ALPA Rep: 

This is my 350^th 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 unfunding 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 be un- funded 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.

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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

thfoster6@aol.com

 

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.

 

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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:

 

http://pcn.homestead.com/files/Misc_Files/2022_Delta_Retiree-Death-Checklist-and-Survivor-Benefits.pdf

 

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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Petition - HL 286 (1)

DP3 Request for latest contact info:

DP3 request that  you assure your contact info is up to date.  This year will be a crucial one with an expectation that suits against the PBGC being settled.  If you have recently moved and you are an honor member of the DP3 OR IF YOU ARE A SURVIVOR OF A FORMER DP3 HONOR MEMBER, and you did not receive the last email from the Chairman requesting your updated contact info, then PLEASE EMAIL THE DP3 at contactus@dp3.org to update your email and address information.  

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Petition - HL 280 (1)

Please read latest notice sent out by DP3 about the soon hearings of the claims that our team are bringing against the PBGC.   Rulings about this whole case built should be coming down near year end and early 2018.  

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Petition - HL 249 (1)

From: David Cann

Date: 2/16/2016 3:06:53 AM

To: mark@pilotcommunication.net

Subject: HL 248 Finance (2)

Dear Mark:

           Thank you for publishing my "lone wolf" letter addressed to Ed Bastian for the benefit of all retired Delta pilots harmed by Delta Air Lines.

             You stated a collective effort might be more fruitful.

              I propose a letter writing campaign.

               It would start off slow, like the donations to the Spirit of Delta campaign.   But letters, not money.

                Something like the Shawshank letter writing campaign.

              A mass of lone wolf letters.

              Group 1.    The 2500 or so members of DP3.

               Group 2.   All retired Delta pilots

               Group 3.    All retired Delta employees

               Group 4.     All active Delta pilots

               Group.  5.   All active Delta employees

                Group. 6.   Alpa.  (a chance for retribution!)

                Group 7.     All airline pilots

                 Group 8.     All Airline employees

                 Group 9.    All airline employee families

                  Group 10.   Related companies, Boeing airbus, Jeppesen, Collins

                  Group 11.  Politicians

                  Group 12.   Media

                  Group 13.   The public

  

           What would the effect be from, say, 1 letter per day from each member of each group, to

 Ed Bastian?

              Dp3 would be charged with organizing the campaign.

             Need a rallying, catchy, slogan.  A bumper sticker.  A sticker on clothing, or a flight kit, or luggage.

             A billboard in Atlanta near Delta headquarters.

               That's it.   The power would come from the mass of daily letters to Ed Bastian.

 He couldn't help but be embarrassed into action.  He could become a legitimate hero.

 The campaign would give a sense of purpose to those affected, and a way to relieve guilt from those profiting from their theft.

               Dp3 would determine when to proceed from step 1 to 13, if necessary.

   Have our present efforts reduced results? If not, what harm in trying this approach?

 Any harm in restoring some hope to those who have given up?

 As long as the theft continues, the collective weight on the Delta conscience will grow.

 The greater the injustice, the greater the healing when justice triumphs.

   That is the source of hope for us.

 Whatever we do, no threats, no embarrassing Delta, or harming Delta business.

 Respectful, polite, strong, powerful.  Emphasize the human dimensions of the continuing theft

 The sleepless nights, the constant stress, the health effects, the loss of families, quality education for families.  The divorces.  The inability to properly fund religious institutions, etc etc etc.

 A short note per day, rather than one long letter.

 Make it a daily habit.   Watch the effort snowball.  Delta will have to respond positively.  A continued no will only bring more letters.

 Mark, the above is a personal letter from me to you.

 I have started my daily letter writing campaign.

 David Cann (retired?)

 PS.  Mark, how long would you ignore just 2500 letters a day, calling for restitution, for a theft that you didn't cause, but could fix?

Editor: David,   I am in favor of any effort made to make things right.  And I would be right on board with your idea save a few little hurdles.

So may I ask a few questions  about your idea.  I assume that to save postage you will be emailing your letters.  After the second one is received your email address will be blocked forever (a procedure used by every well known personality) , so how would the many emails written that will never be seen have any effect?

Now instead of writing emails, let's say you decide to bite the bullet and send the letters by USPS.   All mail to executives is sorted and filtered and the same thing as above would happen to your .$42 stamp each and every time.

So you ask me how could I (as Ed Bastian) ignore your 2500 letters?  Really very easily............... I would never see them.

So this isn't to throw cold water completely on your idea, but it is to highlight the obvious.  Letters written that will never be seen will have no effect.  So that is a hurdle that needs to be considered.  This is why we did a petition that "grouped" over 3300 signatures and comments in a large printed volume and delivered simultaneously to the private addresses of every board member.  Because we did this, we got a hearing with senior mgt.  So in addition to the question about the assured delivery of your effort there is the question of to what goal?  We had a goal of getting before the king and presenting our case and we spelled that out and met that goal.  No, we didn't move the needle but our plan brought us to the table on Nov 12, 2013.  How would unread letters do that?  And even if management was moved a bit by seeing a few letters, who would they contact to see what our group wants?

I am willing to not only support but plug ANY effort that is well thought out and has an inkling of a chance at getting our case reheard by the new management.  Help me understand how the shortcomings will be addressed and I will gladly jump on board and encourage others to do also.

Mark Sztanyo

Mark.

Thanks for your reply.

All your points have merit.  I certainly don't want to reinvent the wheel when it comes to trying to get a message to Ed Bastian.  I haven't received a reply from anyone at Delta.  But I'm sure I will.

If I do, I will immediately propose a meeting between you and Ed Bastian, if you agree.

I believe you are the best representative I have to champion our retirement grievance.

You got closer to the target than I have so far.

What have you got to lose by my lone wolf approach?

I'll go so far as to say I'll do what you say.

Meanwhile, the idea of a written letter per day to Ed Bastian is my initial intention.

Should I get no response, I'll send them return receipt requested.

Has dp3 ever thought of a billboard outside Delta headquarters.

Is a sole retiree allowed to picket outside of headquarters?

As a line check airman I joined the picket lines in uniform outside the Atl terminal.

I'd do it again.

What about a letter to the editors of the Atlanta  Constitution campaign?

How about taking out a weekly ad in the paper asking Ed Bastian to address our grievance?

Are there  any Atlanta based Delta retirees who would consider towing a banner over Atlanta with a message.  .  Ed Bastian.  Do the right thing.

Are we allowed to hand out flyers at Delta stations including Atlanta?

How about a talk radio campaign, where Retired Delta pilots keep calling in?

A common theme would be that Ed Bastian doesn't respond, and therefore doesn't care.

If the call comes, our response would be simple.  Restore our retirement in full.

Getting Alpa to go to bat for us would go a long way to correct their failure.   After 32 years of supporting Alpa, paying dues, volunteering, etc,  where were they when we needed them the most?  What happened to us proves Alpa is a fair weather friend at most, and a paper tiger at the least.

Look forward to your reply,  David

 


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Petition - HL 248 (2)

I will share that many many comments were received concerning the shared news of Ed Bastian taking over for Richard as the new CEO.  I shared some some of those comments via an email but be assured that there were many more received in the same vein. 

Since the management change announcement there has been some rumblings about the petition and the efforts made on non-qualified monies lost (in addition to those of the DP3 working on the qualified monies lost), about re-opening the effort.   Well, I might say that lone wolf letters such as the one from David below may have an impact, but IF another effort is made to share the Delta pilot retirement plight with Ed, it will be best accomplished if done collectively. 

From: David Cann <frampton77@aol.com>
Date: February 12, 2016 3:35:09 PM EST
To: "edward.bastian@Delta.com" <edward.bastian@Delta.com>
Subject: 2500 Delta Pilots

Sir.

Congratulations on your promotion.

Would you have achieved your noteworthy standing if it had not been for the efforts of all the Delta employees?

I am one of about 2500 retired Delta pilots who, after 32 years of service, have been singled out for special acknowledgment.

That's right, I receive no retirement.   $00.00.    After 32 years.

All Northwest, Pan Am, Western, Northeast, and all Delta employees got FULL retirement.

What did we 2500 Delta pilots do to deserve this continuing theft?

Does anyone at Delta care?

The silence roars.

You now have the power and the resources to make this right.

I just turned 70.  I still fly full time to make ends meet.  

Please let us retire and receive the benefits we worked for and were promised.

Nothing more.  Just like every other Delta employee.

If silence is consent, and you do nothing....

Will the theft continue on your watch?

Will you, like Richard Anderson, never see this letter?

David Cann. (retired?)
378217
Frampton77@aol.com

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Below, Malcom I was not aware of the petition ending effort made so for his benefit and for any of the others who may need a refresher see below:

From: Malcolm Harper

Date: 2/8/2016 10:21:40 PM

To: mark@pilotcommunication.net

Subject: Re: petition

Malcolm asks whatever happened to the petition that over 2500 of us signed regarding the group of retired Delta pilots especially harmed by the actions surrounding the bankruptcy? 

Eidtor:  Mal, I guess you must have missed a few issues of the High Life because what happened to the petition had been very carefully documented.   For your benefit and for any others who did not know what was the petition followup here is a refresher.   I sent a complete package (including the full printed petition) to every board member and company principle at their personal address.  We got "enough" traction from sending that to them that they nudged management to meet with us.  They agreed to have us see Senior VP Rob Kight on Nov. 12, 2013 and four of us went to Ft Widget to present out case.  It was amicable but dismissed out of of hand by Kight. 

Yes, with the new management changes there is some interest in pleading our case to the new guys again.  We'll see.

Mark

Hey Mark,

Yes I guess I missed all that somehow. It must have occurred during one of my p.o.'d periods. I read with disgust management's phony comments about how they owe so much to their employees.  I guess we retired pilots didn't fit into that group. Such a fine way of showing gratitude. And then ALPA accepted my dues for over 30 years only to screw us after retirement. 

Mal

Here is a little more refresher summation from Rob followed by one from me regarding our effort to represent the Delta pilots on lost non-qualified benefits at Ft Widget. 

Hello Willie,

Rob Moser here.

Mark Sztanyo forwarded your email to me and I will respond to your questions.

I was the originator of the petition that I and 3300+ other

individuals signed and delivered individually to all of the Board of

Directors and the CEO, Richard Anderson.

After a delayed response, where we were requesting an audience with

Richard, we were "invited " to meet with Rob Kight, senior vice

president of pensions, etc, at Delta. There were four of us in

attendance, Alan Price, Scott Murray, Mark Sztanyo, and myself. We

came armed with all of the necessary financial information to show

that the percentage of our pensions that were not being paid was well

above what CEO Grinstein said we would forfeit, and certainly,

percentage-wise, far more than the retired ground employees who

suffered very minor, if any, reductions in their pensions.

Rob Kight attended the meeting with one of his assistants. Also in

attendance was a Delta attorney who specialized in pensions, and

retirement benefits. Kight asked if we had any objection to this

attorney being present, to which we replied that it might help since

he would be able to answer some legal questions that might arise

during our discussion.

We held a "rehearsal meeting" the day prior to the meeting with Kight,

and asked very knowledgeable DP3 board trustee, to attend the rehearsal

and coach us, as necessary, on certain topics.

The meeting lasted several hours and we presented our case to Rob

Kight. His response was a canned response, which we expected, and he

said that he would take our presentation and concerns "forward" but

"because of the ruling of the bankruptcy court", he did not anticipate

any change in our status as "unsecured creditors".

The “final” response, which we received almost 3 months later, was the letter

that was published in the weekly blog from Mark Sztanyo.

Additional attempts have been made with various bankruptcy  law

groups, and other law groups to attempt to challenge Delta's win in

the bankruptcy court. The bankruptcy court issued a "plan of

reorganization" and a "discharge order" which, by law, had to be

challenged within 180 days of the court decision. Once the 180 days

expire, there is no legal challenge to the bankruptcy decision. There

were personal challenges by several pilots but they were not able to

get any traction.

No law firm that we contacted was willing to pursue Delta through any

other avenue, either out of fear of tangling with a major fortune 500

corporation, or recognizing that the bankruptcy rulings rarely have been

successfully challenged.

The USAir pilots wanted to challenge the law and were told that if

they lost, they would incur all of the associated court costs, legal

fees etc. As a result, their attempt was dropped.

Last year, in November 2013, I was introduced to a law group by my

personal attorney in Atlanta. We (Alan Price, Scott Murray,  my attorney,

and myself) met with this group for several hours to try and find some way

to either re-open the bankruptcy case or see

if there was any other avenue to try and recover the portion of our

pension that Delta "owed" us. This law firm took our plight under

review and investigated the possible avenues of recourse that we could

employ to try and right the wrong that had been done to our 3500+

former Delta pilots.

This law firm met with several bankruptcy law groups and held several

internal meetings to try and find ways to recover the moneys that we

were screwed out of by Delta management.

To quote one of the attorneys, he said,  “the sun has set on the

bankruptcy proceedings, but the sun never sets on fraud."

So, it appears the only possible recourse that we have is to FIND the fraud and

use it either in a legal setting or demonstrating through whatever

means necessary that fraud was committed in an intentional and

unethical (illegal) manner. The primary method of doing that would be

to find correspondence that would provide the "smoking gun".

We are well aware that there were financial transactions that were

quite questionable, but we have to prove that they were illegal or

fraudulent.

I have not provided the name of this law firm, at their request. This

firm is providing support to other law firms that are involved in

matters that are not supportive of Delta's legal positions, and they

have requested that they remain off the radar. I am complying with

that request.

As to your thoughts about publicizing our situation:

It would take millions of dollars to try and get our voices heard. And

Delta would counter that attempt with a barrage of information, valid

or not, showing that we had received a significant portion of our

expected retirement dollars and they had fully complied with the law.

As to placing a 1/4 page ad in the Wall Street Journal, I would put

that in the same category as one pilot walking with a picket sign on

the sidewalk of the Atlanta Airport.

Politically, there was an attempt to engage Senator Isaakson and

Senator Chambliss when the bankruptcy took place. Keep in mind that

politicians, Republican, Democrat, or whatever, only have one interest

in mind, and that is going where the money is for their re-election

campaign. If you were a politician, would you count on 3500 cheap-assed

old fart airline pilots?? or a major corporation earning billions of

dollars for your re-election piggy bank??

I understand that you are frustrated, bitter, angry, etc., by the fact

that almost 10 years have elapsed since the bankruptcy and we still

have not been treated like the professional pilots that we were for 30

plus years working for a company that we dedicated our best efforts to

provide the highest level of safety and customer service that we could

and that we did.

We, your fellow pilots, share your anger and frustration. I work as a

flight instructor in Korea, working for about the same monthly amount

that I should be receiving as my EARNED, DEFERRED income, referred to as

a "pension."

When I talk to people who ask me if I am a "retired" airline pilot, my

response is "no, I am a FORMER airline pilot who worked for Delta for

35 years but had to resign so as to receive a partial pension payment,

because of a management team that stole part of my pension from the

company treasury and laughed all the way to the bank" (Leo Mullin,

Michelle Burns and their executive gang of thieves)

Angry?? Damn right I'm angry, but the bankruptcy courts in the USA are

not there to protect the employees, they are there to protect the

corporations from harm.

I don't know if this answers your questions, but rest assured that I,

and many other pilots, have given it our best efforts during the past

3 years. If I knew the key to correcting this terrible situation, I

would surely turn it.

On October 1st, a good friend of mine, a former United pilot, took his

life because he was out of money, very depressed, and unable to

reconcile his situation with any hope for the future.

Most would not have worried about their retirement dollars while they were a

young, hard working pilot working for the best managed airline in the

airline industry? With that thought in mind, I don’t really think that

any ads in the WSJ will have any effect on a 30 year old

reading it?  My children, who are in their mid 20's, are VERY tuned in

to the realities of providing for their own retirement, but the only

reason that they are tuned in is because they have watched their dad

live through the debacle of the Delta bankruptcy and the after effects

of that disaster.

I would like to help you with closure, but reality is reality. Every

pilot is different. There are those who closed this chapter of their

lives the day after the bankruptcy ruling; there are others who wake

up every morning pissed off at DINO, Delta in Name Only.

There are days when I never think about what should have

been...........there are other days, however,  when I read the Atlanta Journal and see

the insane profits that Delta is making and realize that a significant

portion of that profit was built on the backs of pilots who got

screwed by Delta as well as ALPA. Those are tough days and I would

give 24/7/365 to try and turn back the clock and do things

differently.  But I now choosing not to live in the rear view mirror of life

and accept that which I cannot change.

I and many of my fellow Delta pilots certainly tried.

Kind Regards

Rob Moser

++++

Maybe My Last Hoorah?   (On this issue)

Many of you know that the petition and follow on effort to gain and conduct a meeting with the company’s senior management over the loss of retired Delta pilots terminated “non-qualified” benefits, occupied many hours of work.  My personal work along-side Rob Moser, Scott Murray, Alan Price and a private valuable “circle” of advisors was extensive.  Quite frankly, because of my early retirement situation at age 52, I really wasn’t working for major improvement in my own situation but rather for other retired pilots. 

From the outset we had a number of overarching guidelines that we lived within.  We tried our very best to take the “high road” and approach the ‘good’ men at Delta as good men making a request for review of our situation to see if our claims are true.  As you know, suing is difficult and threats and name-calling may temporarily make us feel better but likely shorten the meeting considerably.  As you also know we were indeed successful in winning a meeting and of course the result while maybe predictable was very disappointing and we failed miserably to move the company.  Meeting with one of the chief architects of the nasty regarding our pension terminations, on Nov. 12, 2013 with Mr. Kight, we couldn’t gain any agreement that a “nasty” was even done.  Concerning our claim of disproportionate, inequitable and unfair treatment the company simply refused to agree.  Most all of you expected this result.  But we tried.  And my work load to pull this off was high.  Now in the aftermath there is one thing remaining that I wish to help make happen.  I want our story to get out!  Therefore, we need to get in the media with our published story. 

This may be my last hoorah with this effort, but I have assembled a media ready article and am starting to make it available to the press.   Here is the link to my latest draft of “Is Your Retirement Safe?”:

Maybe you have connections to publishers and maybe you can help us get this story published. If you do the draft is also available as a Word document. 

                                          IS YOUR RETIREMENT SAFE?

https://drive.google.com/file/d/0BzB_SBDmSd9ARUN2eXlOU2plUzQ/edit?usp=sharing

Mark

 


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