Federal judge rules against Delphi retirees
Those retirees, the
Delphi, formerly the nation's largest manufacturer of auto parts, declared bankruptcy itself in 2005 and was undergoing restructuring at the time.
The PBGC, a federal agency that manages pension plans, said at the time Delphi could not afford to maintain the already-underfunded pension plan, and that
When PBGC assumes control of a private pension plan, it applies its own complex payment formula and often pays less than what retirees expected to receive from a private pension provider. That was apparently the case for some of the 20,000 former Delphi employees covered under the plan.
PBGC wrote in a
A federal judge previously refused to issue a stay on PBGC's reduction of pension benefits, meaning most affected retirees have not received their full pension benefits since 2009.
"It caused tremendous hardship for a lot of folks," said
The association argued that PBGC violated the law by not providing due process to the affected workers and failing to provide procedural safeguards for those affected by its assumption of the plan. The association also argued Delphi was not acting as a plan fiduciary but as a settlor when it entered its agreement with PBGC.
But Tarnow found in his
Tarnow wrote the salaried plan was only about 50 percent funded at the time of its termination, no entity was willing to take on the plan after Delphi's liquidation and PBGC's action allowed more than 75 percent of plan beneficiaries to receive their full benefits. He granted PBGC's request for summary judgment and denied the retiree association's same motion.
"In this case, PBGC and Delphi agreed to terminate the salaried plan because the plan ... would be unable to pay benefits when due," Tarnow wrote.
Cunningham said about 1,000 retirees in
In 1917, Harrison was sold to
Affected Delphi retirees may have one last opportunity to gain back their full pension benefits. The retiree association has until
Cunningham said the association will decide sometime "early next week" whether to appeal the decision, though they remain confident in their case.
"We're very disappointed," Cunningham said. "We still believe completely the law and fact were on our side. We'll make a decision where we're going from there."
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