Update from Will Buergey

 

Dear supporter:

 

Last night our attorneys filed the briefs outlining our legal case for the reversal of the Bankruptcy Court decision that Delta meets the requirements for a voluntary distress termination of the pilot defined benefit pension plan.

 

As I mentioned in a previous message, the Federal District Court in NY has already docketed our case for a hearing and assigned a judge.  The attorney briefs have now been filed, and all we are waiting for is a hearing date to be assigned.

 

After reading the attached appeal briefs, I hope you will agree that our attorneys have made a strong case for the District Court to reverse the Bankruptcy Court decision.

Why the group that said it would protect our pensions, decided to stand on the sidelines while Delta attempted to destroy our lifetime benefits, is something I will never understand, but thanks to your financial support we will be able to wage this uphill battle to save our pensions through the appeals process.

 

As you read through the appeal materials you will see that we listed 223 pilots supporting the appeal.  This number is very fluid and we are adding more supporters everyday, as more and more retired pilots hear about our efforts.  If you want to increase the number of supporters of the appeal, all you need to do is make a financial contribution to help pay our attorney fees and you will immediately be added to the list.  (Not all names will appear on the court documents due to filing deadlines, but everyone who contributes will be included in the client list of those supporting the appeal.)

 

We have gained scores of new members over the last week and I would like to remind every one of the importance of our legislative campaign.  We have been engaged for the past few weeks in contacting key members of congress to ask their support for making a "technical correction" to the recent pension funding legislation that should have saved the Delta pilot pensions.  Because of a deliberate effort by Delta to lobby for passage of the funding relief, but not to request an immediate prohibition on lump sum payments, a loophole was left in the law that Delta exploited to convince the Bankruptcy judge that our plan should be terminated.

 

Our legislative effort is designed to close that loophole so that Delta will no longer have the lump sum excuse to terminate our benefits. While some unknown individual in congress inserted language into the bill that phases in the bill's prohibition on lump sum payments until 2010, we are seeking a correction to the bill and we are discovering that most members of congress did not know that the effective date was delayed until 2010.  (Many of these elected representatives thought that they were saving all Delta pensions, not just the non-contract and executive pensions.)

 

We have asked all supporters of our effort to save our pensions, to personally contact their senators and House members, while the representatives are in their home districts for next week's elections, to ask for their support of this minor change to the law that could have a significant impact on our retirement benefits.

 

To sign a petition to congress asking them to support our requested change, please copy and paste this link into your browser window. (This will also explain the issue to you in greater detail if you read the full petition, and you are also encouraged to forward this link to friends and family members so that they can also support our legislative efforts.)

 

http://66.23.211.166/forms.nsf/petition?OpenForm

 

We are also looking for some volunteers to deliver the completed petitions to your local congressional leaders before they head back to Washington after the elections.  If you can assist us in this effort please use this link:

 

http://66.23.211.166/forms.nsf/signup?OpenForm

 

If you have not yet contacted your elected leaders, please make an effort to do so before they return to Washington on November 13.  Personal contacts are the most effective way to communicate, but if you cannot schedule a private visit, a phone call is also a good way to get our message across.  For those of you that have been supporting us from the beginning, I apologize for the repetition, but I cannot overemphasize the importance of making these contacts with the members of congress.

 

Finally, if you have not yet made a contribution to help with our legal fees, the address to send your contribution is:

 

Sapir &Frumkin LLP

399 Knollwood Road; Suite 310

White Plains, NY 10603

 

Please mark the memo line of your check: "Delta Pension Appeal" and make the check payable to Sapir and Frumkin, LLP where it will be held in an escrow account to pay our legal expenses.

 

Thanks again for your support.

 

Will Buergey

 

 

Plea

 

_______________________________________________

 

Letter from Concerned Retiree

 

To: DP3 Trustees

 

There has been a great divergence between what I thought DP3 would and should

do, what I thought they said they would do, and what has actually happened.

 

I may have misunderstood the priorities of The Delta Pilots Pension

Preservation Organization, somehow I may have put too much confidence in the

title. Just goes to show, once again, can't judge a book by the cover.

 

Please rethink your positions regarding the future of our pension. There are

some actions that need to be taken immediately. I fully realize that due to

certain legal entanglements DP3 may not be able to competently address certain

areas. If this is the case, I question DP3's ability to effectively represent

the retired Delta Pilot and all other options should be considered.

 

If you think that my sentiments are those of only one slightly disgruntled

individual, think again. I am echoing the thoughts of just about every retired

Delta Pilot I know. I encourage every retiree to become actively involved. I

wish everyone would let DP3 know what they are thinking.

 

Better still, I would like for DP3 to email their membership and ask. I

understand that the Texas Senators are slated to place into the "technical

correction" of the Pension Relief Bill wording that will favor American and

Continental. This would be a great opportunity to also get it corrected for the

benefit of our pension plan. This could be accomplished by either removing the

stipulation referring to 2010 or by adding the phrase Except for the Plans of

companies that have declared bankruptcy, to the beginning of Section 103(c)(1)

and Section 103(c)(2), making the lump sum suspension available immediately.

 

Any language to prevent resumption of lump sum payout for under funded plans

could save the pension. I ask DP3 to immediately use any and all means to make

this happen, attached to the Texas initiative or not. -

 

The 2010 stipulation found in Section 103 of the Pension Relief Bill didn't

put itself there. We must know the who, when, where, and why of these words.

DP3 should make every effort to determine the facts around 2010. This

information could be very convincing when seeking a fix for our problems. -

 

The anti-cutback provision of ERISA is the major problem. In the environment

of a bankruptcy, the interpretation that eliminating one option while

maintaining another of the same approximate value is a cutback is the sole

cause of Delta's terminating the pension. A Federal Regulation intended to protect the

retiree is the direct cause of the total destruction of benefits for thousands.

The only avenue available to Delta to avoid paying the lump sum option was

passing the plan to the PBGC. Now there is no retirement. If there is some

relief available from an ERISA regulation, maybe in some underlying legislation, it

could save the pension.

 

I also understand that it would be possible to directly challenge this

regulation in court using arguments that have been successful counteracting

other Federal Regulations that weren't doing what they were designed to accomplish.

Please immediately consider attacking this regulation through the courts. -

The distribution of qualified funds to retired pilots using current mandates

from the PBGC is inequitable. I understand why both Delta Air Lines and the

PBGC want to implement this particular formula. I do not understand DP3's

willingness to go along.

 

I must ask DP3 to take a moral stand. Is it DP3's position that it is best to

let a particular group of retired pilots lose all or most of their qualified

monthly benefits while other retired pilots lose next to nothing? Wouldn't it

be more just to have the entire family of retired pilots share the burden you

have chosen for us to bear by not to fighting the termination? What is right,

for some to suffer much or many to suffer little?

 

As it stands, those individuals slated to receive nothing, or next to it,

would end up suffering disproportionately for the benefit of all. I do understand

the end numbers may differ from current projections, but I would appreciate

DP3's active participation in any initiative that would ensure just treatment

across the entire group of retired Delta Pilots.

 

Now is the time for DP3 to take a strong, public, position on this important

matter.

 

LOA 51 was a vote that directly influenced our retirement benefits. In fact,

it may have actually been a vote to reduce our benefits. Wasn't this a

violation of the ERISA anti-cutback rules? I think DP3 should take a strong

legal stance on the matter.

 

We are still ALPA members. Only the class of membership has changed. Look it

over. I don't see where it gives them the right under their own Constitution

and Bylaws to abandon us as they did. If they had actually defended their

contract everyone would have benefited ALPA states concerning representation

(ALPA.org/tabid=139: "Over the decades ALPA pilot groups have negotiated

scores of contracts with hundreds of airlines. Today, ALPA staff offers its members the

finest financial analysis available, in-depth knowledge of the railway Labor

Act (the legislation that governs airline pilot contracts), and the legal

experience to defend pilot contracts. By leveraging the combined resources of

all union members, ALPA is able to bring unmatched expertise to bear on matters

affecting its members' salary, benefits, and working conditions." I think they

are obligated to represent our best interest. The ALPA Constitution and By-laws

,Article II, Section 2,E indicate that we are a member; only the class of

membership has changed. Would it be possible to reengage ALPA based on the

current realities? It may be worth a try.

Has DP3 effectively enlisted the help of other organizations actively

concerned with retirement issues? If not, why not?

 

Thank You,

 

A Concerned Retiree