DALPA NEWS
March 17, 2008
Dear Fellow Pilot,
The intensity of media reports related to Delta’s role in consolidation has increased substantially over the course of the past several weeks, many with quotes attributed to "sources familiar with the talks."
During this period, I have declined to speak to the media because it would not have been in the interests of the Delta pilots to do so. In the same vein, as an MEC we have been necessarily brief and general in the communication we have provided to the pilot group because anything we provided would have almost immediately made its way to the media which might well have been detrimental to the Delta pilots. Additionally, Security Exchange Commission laws and confidentiality agreement restrictions limit what can be said.
This has been frustrating to many pilots, and it is time to provide you with an update of what has recently taken place keeping in mind the continuing restrictions we find ourselves under.
Under the direction of the Delta MEC, the MEC administration, including the extended committee structure, has been meeting with counterparts from another MEC in an attempt to provide the pilots of both carriers with an
alternative to the traditional merger process should the two carriers elect to merge. Today, I can report that while much was accomplished during a relatively short period of time, we have been unable to reach an agreement on a seniority list integration.Throughout Delta’s bankruptcy and beyond, our goal has been to work for a financially viable airline that will provide the Delta pilots with pay, benefits and a retirement commensurate with the responsibility and experience we bring to the cockpit. Anger, fear and denial of the economic environment that surrounds us are not strategies that will achieve that goal; they are emotional reactions. Instead, the MEC has pursued every opportunity to aggressively engage Delta’s senior executives, legislators at all levels of our government, the financial community and any other parties who might have an effect on our careers as Delta pilots. As discussions of industry consolidation intensified last fall, your MEC’s engagement in this arena intensified as well.
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Over the past several months, we have been consistent in our consolidation message, a message that continues to be overwhelmingly supported by input we receive from line pilots through Wilson Polling, LEC meetings, hundreds of e-mails and direct contact with the pilot group. We have made it clear to every interested party that for any proposed merger to possibly draw our support, it would:
Require the involvement of the pilots from the earliest formative stages of the process
Provide meaningful protections and added value to the pilots for their participation as stakeholders in the process
And most importantly, produce an even stronger and growing airline that will vigorously and successfully compete in the domestic and international marketplaces for years to come
Much to the surprise of the pundits, financial analysts, and some of the more vocal critics within our own ranks, we made ourselves relevant in a process where labor has historically been excluded. Earlier this year, Delta’s senior executives approached your MEC to advise us of their intent to seek the Delta Board’s approval to enter merger discussions with one or more carriers and to include the MEC in the process. The Delta MEC immediately began to implement the unprecedented strategy we had been developing for months, fully prepared to either support or oppose any proposed merger depending upon the particular circumstances and the outcome of our own analysis.
As merger preparations progressed at the corporate level, the Delta MEC executed its strategy which included reaching out to the MECs of the carriers that might be involved in a potential merger with Delta. Delta management shared their confidential merger analyses for various scenarios with the Delta MEC, and the MEC was able to independently validate the analyses.
Soon, it became apparent that Delta would focus its interests on one major carrier. This scenario had the potential, under the right set of circumstances, to draw our support.
Since January, and under the direction of the respective MECs, committees from the ALPA MECs of both carriers have been meeting in an effort to provide the pilots of both carriers with an
alternative to the traditional merger process. Our intent was to accomplish what has never before been done in our industry—reach a three-party agreement between two MECs and management in advance of any corporate merger announcement. If an agreement could be reached, each MEC would decide independently whether or not to adopt the agreement which would include terms to protect the flying of each pilot group during the transition to a single carrier; a joint pilot contract, subject to membership ratification, which would take effect at the close of the corporate transaction; and a fair and reasonable integrated seniority list which would also become effective at the close of the corporate transaction.- 2 -
As I wrote in my last letter, labor integration issues are often an extremely difficult and contentious part of traditional mergers. As a result, when and
if such mergers are eventually completed, many of the corporate synergies originally envisioned are unable to be fully realized or at least significantly delayed. A labor agreement in place ahead of a merger announcement would provide substantial value and flexibility to the merged corporation. In exchange for making this ground-breaking concept a reality, the combined pilot group would receive significant contractual improvements and an equity stake in the merged corporation.Committees from both MECs worked diligently through many long days, over weekends and through holidays in an effort to reach an agreement on a joint pilot contract and an integrated seniority list.
During the third week of February, the Negotiating Committees of both MECs and management were able to conclude negotiations on a joint pilot contract subject to approval by both MECs and membership ratification by both pilot groups. The contract would have provided significant improvements to the current contracts of both pilot groups in the areas of pay, sick leave, defined contribution plan percentages, and included furlough protections. In the area of pay, for example, during the term of the joint agreement, the pay rates would have increased so as to not only eliminate the pay rate concessions of Letter 51, but also gain ground on the pay rate concessions of Letter 46. As another example, the DC Plan percentage contribution would have increased by 33 percent. The joint contract would also have provided the Delta pilots with a voting pilot director position on the Delta Board of Directors at the front end of the merger and codified the terms for pilots to receive an equity stake in the merged corporation.
With the remarkably successful results achieved by the Negotiating Committees and terms of the pilot equity in place, the one unresolved element of the overall package was the integration of a joint seniority list.
In a traditional merger scenario, it is common for each Merger Committee to enter negotiations in a very adversarial role with negotiating positions that are very far apart as they posture for the benefit of their pilot group. In a successful negotiation, over time, both parties will find common ground and reach a solution that represents a compromise between the two positions. Almost always, however, the process ends in an abdication of leadership and subsequent binding arbitration.
We were not, however, in a traditional merger scenario. We were breaking new ground and held before us a unique opportunity, but the window for that opportunity was narrow and not able to accommodate either the lengthy timeline or the adversarial relationship of the traditional approach. With that in mind, we approached the negotiating table not at an extreme, but in the middle; not adversarial, but cooperative. We presented a rational and fair integration method that would have provided all pilots of the merged corporation with a post-merger relative seniority very close to that of their respective pre-merger relative positions and included an innovative method of preserving premium flying
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positions for both pilot groups going forward many years. The other committee took a different approach.
As negotiations continued and with every other element of the package in place, I convened the MEC in special session in New York in late February to update them on the progress and to have them in place in anticipation of an agreement on an integrated seniority list. If an integrated list were to be achieved, all the elements of the overall package would be complete, and the MEC would have all the information they needed to make an informed decision.
Unfortunately, we reached the point where it became clear that our "middle ground" position would not be met by the end of the New York meeting. After every reasonable effort on our part to reach a fair, rational and reasonable integrated seniority list failed, I called our extended team together. I thanked them for their innovative and tireless efforts on behalf of the pilots of both airlines. Then I asked them to pack their bags and go home. While we would remain open and willing to engage further if there were reason to believe movement on the seniority list integration would take place, their work at that point was done.
Next, I asked the MEC for a motion to adjourn. Without an integrated seniority list, there was no overall package to discuss, debate or on which to cast a vote. The motion was made to adjourn, seconded and unanimously passed. The MEC meeting was over and an opportunity, at least for the time being, was lost.
A short time after the MEC’s return from New York, several members of the MEC administration and I travelled to Washington at the request of the other MEC administration to resume seniority list integration discussions. Proposals were developed and exchanged which sought to address the unique needs of both pilot groups, but after several days, it became clear that the position of the other pilot group had not meaningfully changed, and therefore the on-again, off-again integration talks were suspended without substantial movement toward a middle ground agreement.
This weekend, I informed the MEC that I had received a communication from my counterpart at the other MEC. He indicated that while they were unable to address
our last proposal, they were willing to discuss their last proposal further—a proposal that in our team’s estimation would jeopardize the seniority and career expectations of Delta pilots. I declined and informed the MEC and Delta’s senior executives that the two MECs were unable to reach an agreement on an acceptable seniority list integration.We have stated many times that while we are open to the right consolidation, we will not
seek a transaction for transaction’s sake. Neither will we chase a transaction for transaction’s sake.In summary, after months of arduous work by many dedicated pilots from both pilot groups, results were achieved in many areas that were nothing short of remarkable,
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especially in light of today’s industry environment. We were in a position to shatter the traditional merger mold as it relates to labor integration. But the only way to reach an agreement on seniority list integration would have been to abandon our middle ground position and sacrifice the seniority and career expectations of Delta pilots across the Delta seniority list. Not a single member of the MEC, the MEC administration or the committee members involved in the process was willing to let that happen under any circumstances.
There were many MEC committee members involved in attempting to provide you with an alternative to the traditional merger process. Over the past several months, they did everything your MEC asked of them and more. While I am sure they cannot help but feel somewhat frustrated that the results of their efforts will never be actualized, they can take great pride and reassurance in the fact that they refused to be bound by the traditional process and that in
almost every area, they were able to work with their counterparts with mutual respect and trust, abandon suspicion and old mindsets, and look forward to a common goal with a substantially brighter outcome for the pilots of a merged corporation than alternative scenarios and historical precedents.So what happens next? Quite frankly, the answer to that question is unclear. We work in an industry filled with uncertainty. Last week, the price of oil closed above $110 per barrel, a new record high. The price of fuel is just one of the many threats that face our profession and that place the business plans of all airlines at risk. In broad terms, Delta’s senior executive team and the Delta Board of Directors decide the direction of the company, and that direction may or may not include consolidation. For our part, the MEC will determine the course it will take under the many possible consolidation scenarios. It remains the firm belief of the Delta MEC that pilot involvement
before a final decision in any consolidation option is absolutely essential, and your MEC will continue to communicate this to the Delta Board of Directors and the senior executive team. Nevertheless, in the event of any corporate merger announcement, we will retain our rights to seek to shape, or if we deem appropriate, oppose a transaction.Perhaps most importantly, your MEC will continue its strategy of aggressive engagement at every opportunity in pursuit of its oft stated goal: to ensure the Delta pilots work for a company that has long-term viability with pay, benefits, working conditions and retirement commensurate with the responsibility and experience required of our profession.
Fraternally,
Lee Moak, Chairman
Delta MEC
June
21, 2006
Dear Fellow Pilot,
On Monday, June 19, 2006, Delta Air Lines delivered to the Pension Benefit Guaranty
Corporation (PBGC) a formal Notice of Intent to Terminate the Delta Pilots Retirement
Plan (Retirement Plan), our qualified defined benefit (DB) plan, effective September 2,
2006. Management has informed us that they also intend to terminate the nonqualified
Bridge and Supplemental DB plans shortly thereafter. Attached you will find
“Frequently Asked Questions on Plan Termination.” As we have told you, we expect the
Company to file in the Bankruptcy Court for approval to terminate our Retirement Plan,
as our plan is severely under-funded. The following are some pertinent statistics
regarding our qualified and nonqualified DB plans:
Estimated current liability: $4.1 Billion
Estimated assets: $1.6 Billion
Estimated current liability funded level: 39 percent ($1.6 Billion/$4.1 Billion)
Estimated additional funding required for ongoing plan:
Current Law: $1.6 Billion in the next 4 years plus future
annual funding requirements
Proposed 20-Year Relief: $165 Million per year for 20 years
Annual nonqualified payments
from Supplemental and Bridge plans: $80 Million per year increasing with time
Pilots eligible to retire 9/30/06: 1782
Potential lump sums payable on 9/30/06: approximately $900 Million
Required liquidity shortfall contribution
if half the eligible pilots retire: $900 Million-$1.2 Billion
Estimated PC-3 funded level: 80 percent
In November 2005, we stood before you and told you that the “stars must align” for our
Retirement Plan to survive. They have not. Our Retirement Plan is failing for several
reasons. First, since the fall of 2001 we entered a “perfect storm” of declining asset
values, low interest rates, and a large number of retirements. Also, ERISA, the law that
governs funding of qualified DB plans, prohibits companies from making tax-deductible
funding contributions when the plan is fully funded. Our Retirement Plan was over 140
percent funded as recently as 2000. ERISA also doesn’t require realistic funding
contribution levels during lean years. Prior to bankruptcy, Delta funded our Retirement
Plan at the minimum required by law. Our Retirement Plan has declined from that 140
percent funded level to just 39 percent funded in 6 years. Since entering bankruptcy last
September, approximately $109 million in required contributions to our Retirement Plan
have not been made. Finally, adequate legislation did not pass in a timely manner that
would allow Delta to amortize its large unfunded obligation over a more reasonable
period.
We still ask for your support of pension reform legislation, specifically for passage of the
Akaka language embodied in S1783, the Senate bill for pension reform legislation. The
Akaka amendment would apply the full PBGC age 65 guarantee to pilots who retire at
the FAA mandatory retirement age. This amendment would provide an increase of 54
percent compared to the current age 60 guarantee. Also, pension reform legislation is
essential for the survival of Delta’s non-contract pension plan, and for the plans at other
air carriers.
Letter of Agreement 51 addressed what would happen if our Retirement Plan terminated.
Our current targeted Defined Contribution Plan (DC Plan) matrix will revert to a flat 9
percent, with all pilots receiving Company contributions of 9 percent of their earnings to
their accounts as of the first contribution after Retirement Plan termination. LOA 51 also
requires that a $650 million Note be issued to the pilot group no later than 120 days after
bankruptcy exit.
We hope that you find the attached Frequently Asked Questions regarding pension plan
termination informative and useful. There is also a compilation of R&I information
available to you at
www.deltapilots.org. During the coming weeks you can expect toreceive updates on the distribution of your funds from the Money Purchase Pension Plan,
an updated retirement calculator added to our website, information on the newly
negotiated Roth 401(k) feature, and several other topics. We will also update this FAQ
as new information becomes available on the status of our Retirement Plan. If you have
any questions, please do not hesitate to contact us at 800-USA-ALPA, or e-mail our
Senior Employee Benefits Specialist Karen Browne-Fleck at
Karen.Browne@alpa.org.Fraternally,
MEC R&I Committee
Captain Roger White
Captain Kevin Powell
DAL MEC R&I Committee
June 20, 2006
TERMINATION
OF
DELTA PILOTS RETIREMENT PLAN
FREQUENTLY ASKED QUESTIONS
On June 19, 2006, the Company issued a Notice of Intent to Terminate (“NOIT”) the Delta
Pilots Retirement Plan in a voluntary “distress termination,” designating September 2, 2006 as
the Date of Plan Termination (“DOPT”). In LOA 51, ALPA agreed not to oppose the
termination.
In this FAQ, we have assumed that the Retirement Plan will terminate on September 2, 2006,
but it is still possible that the Pension Benefit Guaranty Corporation (“PBGC”) could seek an
“involuntary termination” of the Retirement Plan at an earlier date. It is also possible that the
bankruptcy court will not approve the plan termination as of the specified date. This FAQ is a
preliminary list of questions addressing the termination; it will be updated periodically to
incorporate additional questions as they arise.
This FAQ is divided into five Parts:
A. Introduction – Overview of Our Retirement Program
B. Plan Termination Procedures – Bankruptcy Court and PBGC
C. PBGC –Overview of Rules Applied to Determine Benefits Payable After Plan
Termination
D. Special Rules and Circumstances
E. Pending Legislation
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A. Introduction – Overview of Our Retirement Program
A1. What is the Delta Pilots Retirement Plan?
The Delta Pilots Retirement Plan (the “Retirement Plan”) is the
qualified defined benefitpension plan maintained on behalf of Delta pilots and their eligible beneficiaries and
survivors. Assets of the Retirement Plan are held in the associated tax-exempt trust.
Important events concerning the Retirement Plan include the following:
•
December 31, 2004 – The Retirement Plan was frozen in a “soft freeze,” meaningthat your Credited Service was frozen as of December 31, 2004, but your Final
Average Earnings (FAE) could still increase after that date.
•
July 31, 2006 – The Retirement Plan will be frozen in a “hard freeze,” meaning thatyour benefit will be fully frozen as of that date and your FAE will no longer be
allowed to increase after that date. (Your FAE will be the greater of your FAE on
December 31, 2004 or July 31, 2006, or if earlier, the date of your retirement or other
termination of employment.)
•
September 2, 2006 – Per Delta’s NOIT, the Retirement Plan will be terminated as ofthis date, known as the “Date of Plan Termination,” or “DOPT.”
A2. How does the Retirement Plan fit into our entire retirement program at Delta?
The retirement program for pilots consists of seven retirement plans, including defined
benefit (DB) and defined contribution (DC) plans. The Retirement Plan is one of four
plans that, together, are designed to provide the Formula Benefit (see Q&A A3); there is
also a fifth plan for former Western pilots that may offset the benefits of the other DB
plans described below. You might participate in some but not all of these five
interrelated plans:
1. Retirement Plan. The Retirement Plan is the
qualified DB pension plan. As aqualified DB plan:
•
The amount of benefits payable from the Retirement Plan each year after youretire may not exceed the “Annuity Benefit Limit” of Section 415(b) of the
Internal Revenue Code.
•
The amount of your earnings counted under the Retirement Plan each yearwhile you are still employed may not exceed the “Compensation Limit” of
Section 401(a)(17) of the Internal Revenue Code.
The
nonqualified retirement plans, discussed below, were designed to provideamounts that would exceed these limits.
2. Bridge Plan. The Bridge Plan is a nonqualified, unfunded DB plan, established in
1985 to provide retirement benefits to participants (and their eligible
beneficiaries and survivors) that cannot be provided under the qualified
Retirement Plan due to the Annuity Benefit Limit of Section 415(b) of the
Internal Revenue Code. Like the qualified Retirement Plan, the nonqualified
Bridge Plan was frozen in a soft freeze on December 31, 2004 and will be frozen
in a hard freeze on July 31, 2006.
The Annuity Benefit Limit restricts the amount of benefits that may be paid from
the qualified Retirement Plan each year during your retirement, in the form of a
single life annuity. The limit is adjusted actuarially for benefits paid in a form
other than a single life annuity (e.g., a 50 percent lump sum or a joint and 50
percent survivor annuity). As applied to Delta pilots, the Annuity Benefit Limit
may restrict benefits in the case of early retirement but does not restrict benefits
for most pilots retiring at or near age 60 (meaning that most pilots retiring at or
near age 60 are due no benefits under the Bridge Plan). Following are the most
recent Annuity Benefit Limits under Section 415(b), for captains and first
officers:
Plan Year beginning
July 1
415(b)
Annuity Benefit Limit
(retirement at age 60)
2006 $175,000
2005 $170,000
2004 $165,000
2003 $160,000
2002 $160,000
2001 $140,000
2000 $135,000
Appendix A sets forth the Section 415(b) Annuity Benefit Limits applicable to
benefits that begin at ages below age 60.
3. Supplemental Annuity Plan. The Supplemental Annuity Plan is a nonqualified,
unfunded DB plan, established July 1, 1996 to provide retirement benefits to
participants (and their eligible beneficiaries and survivors) that cannot be
provided under the qualified Retirement Plan due to the Compensation Limit of
Section 401(a)(17) of the Internal Revenue Code. Like the qualified Retirement
Plan and the nonqualified Bridge Plan, the nonqualified Supplemental Annuity
Plan was frozen in a soft freeze on December 31, 2004 and will be frozen in a
hard freeze on July 31, 2006.
The Compensation Limit restricts the amount of earnings that may be considered
under the (qualified) Retirement Plan each year during employment. The
Compensation Limit restricts benefits significantly for many pilots under the
frozen Retirement Plan, meaning that many pilots have earned benefits that
would be payable under the (nonqualified) Supplemental Annuity Plan.
Following are the most recent Compensation Limits:
Plan Year beginning
July 1
401(a)(17)
Annual Compensation Limit
2006 $220,000
2005 $210,000
2004 $205,000
2003 $200,000
2002 $200,000
2001 $170,000*
2000 $170,000*
*$200,000 for pilots still employed on 7-1-2002
4. Money Purchase Pension Plan (“MPPP”). The MPPP is a qualified DC pension
plan, pursuant to which individual accounts are maintained for pilots and their
eligible beneficiaries and survivors under the associated tax-exempt trust. The
MPPP was established effective July 1, 1996 and delivers through individual
accounts a portion of a pilot’s retirement benefits determined under the Formula
Benefit. The MPPP was funded solely with monthly Company contributions
equal to 5 percent of each pilot’s pay (up to the applicable Compensation Limit
each year) from July 1, 1996 through December 31, 2004. Pilots’ account
balances have continued to increase or decrease after December 31, 2004 based
on the MPPP’s investment performance. (Some participants also had accounts
prior to July 1, 1996 when this plan was known as the Delta Pilots Target Benefit
Plan. These accounts, to the extent they remain in the plan, were frozen in 1996,
subject to continued allocation of investment gain and loss.)
The monthly annuity equivalent of a pilot’s account under the MPPP offsets his
Formula Benefit. The offset is first made to the benefits that would be provided
by the nonqualified plans and then, if any MPPP benefit remains, to the benefits
that would be provided by the Retirement Plan. Pursuant to LOA 51, the MPPP
will be terminated June 30, 2006 and all of its assets will be distributed to
participants over the next few months. The monthly annuity equivalent of a
pilot’s MPPP account upon distribution, projected to the age the Retirement Plan
benefits begin, will still be used to offset his Formula Benefit in the same order
as originally provided (first offsetting nonqualified plan benefits, then Retirement
Plan benefits).
5. Western Pilots D-Plan (“Western D-Plan”). The Western D-Plan is a qualified
DB pension plan, established January 1, 1986 to provide retirement (and
survivor) benefits to former Western pilots (and their eligible beneficiaries and
survivors) based on their service prior to October 1, 1987. The Western D-Plan
was frozen effective October 1, 1987. In certain cases, a pilot’s benefit under the
Western D-Plan offsets a portion of his Formula Benefit.
Pilots also participate in two DC plans, the Delta Pilots Defined Contribution Plan and
the Delta Family Care Savings Plan, as follows, but accounts under these two plans do
not impact benefits payable under the other five plans:
1. Delta Pilots Defined Contribution Plan (“Pilots DC Plan”). The Pilots DC Plan is
a qualified DC pension plan. The Pilots DC Plan was established January 1,
2005 to provide additional retirement benefits after the soft freeze of the
Retirement Plan on December 31, 2004. The Company currently makes monthly
contributions to pilots’ accounts under the Pilots DC Plan, in accordance with the
contribution grid established pursuant to LOA 46. Pursuant to LOA 51, the
contribution grid will no longer apply after termination of the Retirement Plan; at
that time, Company contributions to the Pilots DC Plan will be uniform, at 9
percent of each pilot’s pay (up to the Compensation Limit).
2. Delta Family Care Savings Plan (“401(k) Plan”). This is a qualified DC plan that
includes the 401(k) program. The Company currently makes monthly
contributions of 2 percent of each pilot’s pay (up to the Compensation Limit).
Pilots are currently permitted to make both pre-tax and after-tax contributions,
subject to the limits set forth in the 401(k) Plan, and pursuant to LOA 51, will
soon be permitted to make such contributions to the maximum extent allowed by
law.
A3. What is the Formula Benefit?
For each pilot, the Formula Benefit is the highest of the benefits determined under the
FAE Formula, the Delta Minimum Pension Formula and the Northeast Minimum Pension
Formula. In this FAQ, we will consider only the FAE Formula, since it is used to
determine the retirement benefits of most pilots still on the seniority list.
A4. What is the Formula Benefit under the FAE Formula?
In general, under the FAE Formula, your Formula Benefit is an annual benefit (payable
monthly), commencing at normal retirement age (age 60), equal to:
2.4 percent x Your Years of Credited Service as of 12/31/2004 (25 year max) x Your
FAE
In general, your FAE is defined as the annual average of your earnings in the 36
consecutive calendar months during which your earnings were the highest, out of your
most recent 120 calendar months of employment. Your FAE is the higher of your FAE
determined on 12/31/2004 (the date of the Retirement Plan “soft freeze”) or your FAE
determined on 7/31/2006 (the date of the Retirement Plan “hard freeze”), or if earlier, the
date of your retirement or other termination of employment.
The benefit amount determined under the FAE Formula is subject to adjustment, as
follows:
•
Reduced for early retirement (reduction is .25 percent per month for each month bywhich commencement of benefits precedes the pilot’s attainment of age 60)
•
Reduced actuarially to reflect payment in a form other than a single life annuity forthe pilot
•
Reduced by a fixed amount (maximum of $259/month at age 62) in recognition of aportion of the benefits payable under the federal Social Security program, prorated
for less than 25 years of Credited Service at 12/31/2004
•
Reduced actuarially by a portion of the benefits payable from the Western D-Plan,for some former Western pilots
•
Reduced to reflect charges for optional coverage under the Supplemental Pre-Retirement Survivor Benefit option after September 1, 2001 (and for QPRSB
coverage both before and after September 1, 2001, if applicable – see Q&A D17)
•
Reduced actuarially to reflect benefits payable to the pilot’s alternate payee under aQualified Domestic Relations Order (QDRO)
The Formula Benefit is intended to be provided through a combination of four plans (the
MPPP and three DB plans), as discussed in Q&A A2 above.
A5. What will happen to my benefits under the nonqualified Bridge Plan and
nonqualified Supplemental Annuity Plan?
LOA 51 provides that ALPA will not oppose the Company’s termination of the
nonqualified Bridge Plan and nonqualified Supplemental Annuity Plan, if such
termination occurs after termination of the qualified Retirement Plan. In its NOIT, the
Company stated that it will terminate the nonqualified plans shortly after September 2,
2006. No benefits have been paid under these plans since the Company filed for
bankruptcy on September 14, 2005, and we believe no benefits will be paid after the
plans are terminated.
The Delta Pilots’ Pension Preservation Organization (DP3), an organization that
represents many retired Delta pilots, recently entered into a settlement agreement with
Delta and the unsecured Creditors Committee. The agreement, subject to bankruptcy
court approval, settles DP3’s litigation on behalf of retired pilots for unpaid benefits from
the nonqualified plans, for the period beginning September 14, 2005 and ending on the
date the nonqualified plans are terminated. It does so through a combination of
administrative and prepetition bankruptcy claims. DP3 has stated it intends to pursue a
claim for unpaid benefits from the nonqualified plans for periods after termination of the
nonqualified plans.
B. Plan Termination Procedures – Bankruptcy Court and PBGC
B1. Will the Retirement Plan terminate on September 2, 2006, as stated in Delta’s
Notice of Intent to Terminate (“NOIT”)?
In its NOIT dated June 19, 2006, Delta informed participants that the Retirement Plan
will terminate in a “distress termination” on September 2, 2006, the DOPT. A voluntary
distress termination is the voluntary termination of a DB plan by the employer, where the
plan is underfunded, i.e., the plan’s assets cover less than 100 percent of the plan’s
liabilities.
The Company’s voluntary distress termination of the Retirement Plan as of September 2,
2006 is subject to approval by the bankruptcy court and the PBGC.
B2. What standards will the Bankruptcy Court and the PBGC apply in determining
whether to approve the distress termination?
We expect the Company will soon file a motion in bankruptcy court requesting approval
of the Company’s voluntary distress termination of the Retirement Plan. In LOA 51,
ALPA agreed not to oppose such a motion.
Under the Employee Retirement Income Security Act (“ERISA”), the bankruptcy court
may approve the distress termination only if it determines that, unless the Retirement
Plan is terminated, the Company (and each member of the Company’s controlled group
of corporations) will be unable to pay all of its (and their) debts pursuant to a plan of
reorganization and will be unable to continue in business outside of Chapter 11. The
PBGC will approve the termination if it determines that these and other procedural
requirements have been satisfied.
It is also possible that the PBGC could institute proceedings to terminate the Retirement
Plan in an “involuntary termination.” An involuntary termination is the termination of a
DB plan by the PBGC (not by the employer), where the plan is underfunded. The PBGC
may institute the involuntary termination of a DB plan based on the occurrence of any
one of several alternative criteria. One of these criteria has already been met in the case
of the Retirement Plan, i.e., the Company’s failure to meet the applicable minimum
funding standards under ERISA.
B3. In general, what happens to the Retirement Plan following a distress or involuntary
termination?
The process is the same whether the Retirement Plan is terminated in a voluntary distress
termination or an involuntary termination. Soon after termination of the Retirement Plan,
the PBGC will take over both the assets and administration of the Retirement Plan. All
assets and liabilities of the Retirement Plan will be determined and valued as of DOPT.
The PBGC will pay benefits under the Retirement Plan, determined as of DOPT, based
on the value of the assets of the Retirement Plan, determined as of DOPT. (For this
purpose, the PBGC also considers as assets the value of the recoveries it expects to obtain
from Delta with respect to its claim in the bankruptcy court, excluding the determination
of funded benefits in Priority Category 3, discussed in Part C, below.) All determinations
are made “as of DOPT”. Any investment gains or losses on the assets, subsequent to
DOPT, inure to the benefit or detriment of the PBGC.
C. PBGC –Overview of Rules Applied to Determine Benefits Payable
After Plan Termination
C1. What benefits does the PBGC pay?
The PBGC insures and pays only the retirement and survivor benefits that have been
earned under the
qualified Retirement Plan, subject to the limitations discussed below.The PBGC does not insure, and will not pay, any benefits earned under the nonqualified
Bridge Plan or the nonqualified Supplemental Annuity Plan. If you have earned benefits
under the nonqualified plans, it is important to keep in mind that the PBGC will take into
consideration only your accrued benefit under the
qualified Retirement Plan whendetermining the amount of benefits payable following termination, in accordance with the
rules discussed below.
Disability benefits for pilots are provided under the Delta Pilots Disability and
Survivorship Plan (D&S Plan), not under the Retirement Plan. Such disability benefits
will continue to be paid by the D&S Plan (not the PBGC).
C2. How does the PBGC determine benefits payable from the terminated Retirement
Plan?
ERISA requires the PBGC to assign all benefits and assets of the Retirement Plan among
six specified “Priority Categories." The PBGC determines benefits covered by each
Priority Category and allocates assets to each Priority Category in succession, beginning
with Priority Category 1 and ending with Priority Category 6. All of the assets are first
allocated to provide benefits covered by Priority Category 1; any remaining assets are
then allocated to provide benefits covered by Priority Category 2; any remaining assets
are then allocated to provide benefits covered by Priority Category 3, and so forth, until
all of the assets run out. In other words, the PBGC applies all of the assets of the
Retirement Plan to provide all of the benefits covered by one Priority Category before it
applies assets, if any remain, to provide benefits covered by the next Priority Category.
Please note that the PBGC applies available assets to the benefits
covered by a PriorityCategory, which may be less than the participant’s total qualified accrued benefit (and, as
noted, does not include any nonqualified benefits).
The Retirement Plan has no benefit liabilities covered by Priority Categories 1 and 2.
Therefore, the PBGC will assign all of the assets of the Retirement Plan to provide
benefits covered by Priority Category 3. Assets are expected to provide only 80-85
percent of the benefits covered by Priority Category 3. The PBGC will allocate the assets
pro rata among all participants’ benefits covered by Priority Category 3. Because assets
will run out in Priority Category 3, no assets will remain for Priority Categories 4, 5 or 6.
Note: For illustrative purposes, we will use 80 percent as the estimated funded
percentage of Priority Category 3 benefits, but the actual funded percentage of Priority
Category 3 as of DOPT may be higher or lower than 80 percent, as determined by the
PBGC.
C3. What benefits are covered by each of the Priority Categories?
Priority Category 1 (PC-1) – PC-1 covers that portion of each individual's accrued benefit
attributable to his own voluntary contributions to the Retirement Plan. There are no
benefits under the Retirement Plan attributable to voluntary contributions.
Priority Category 2 (PC-2) – PC-2 covers that portion of each individual's accrued benefit
attributable to his own mandatory contributions to the Retirement Plan. There are no
benefits under the Retirement Plan attributable to mandatory employee contributions.
Priority Category 3 (PC-3) – PC-3 covers benefits for:
(a) each participant (and survivor) whose retirement (or survivor) benefit was in
pay status at least three years prior to DOPT, and
(b) each participant (and survivor) whose retirement (or survivor) benefit could
have been in pay status at least three years prior to DOPT.
Benefits described in (a) or (b) have equal priority.
Applying these rules to the Retirement Plan, PC-3 would cover the benefits of all active
and retired pilots who are age 53 or older on September 2, 2006, since such persons either
had retired or could have retired by September 2, 2003. PC-3 would also cover the
benefits of all survivors in pay status on September 2, 2003 (as well as the survivors of
pilots who died since September 2, 2003 if the pilot was at least age 50 on September 2,
2003).
The amount of the benefit covered by PC-3 is either the amount in pay status on
September 2, 2003 or the amount that would have been in pay status on September 2,
2003 had the participant retired on September 2, 2003, based on his Credited Service,
FAE, MPPP balance and age at that time. For a participant who was younger than age 60
on September 2, 2003, the benefit determined as of September 2, 2003 would be subject
to the Retirement Plan's early retirement reduction for benefits commencing prior to age
60. The Retirement Plan provides a reduction of 3 percent per year (.25 percent per
month) for pilots retiring prior to age 60.
Benefits covered under PC-3 are based on the Retirement Plan's provisions in effect five
years prior to DOPT, i.e. September 2, 2001. Any benefit increase that has occurred
since September 2, 2001 would be ignored in the calculation of PC-3 benefits (see Q&A
C6 below).
Since there are no benefits covered under PC-1 or PC-2, and the assets are not sufficient
to go beyond PC-3, the PBGC will apply
all of the assets of the Retirement Plan toprovide benefits covered under PC-3. For purposes of this FAQ, we have assumed that
assets of the Retirement Plan will be sufficient to cover only 80 percent of the benefits
covered by PC-3. If that assumption is correct, then the PBGC will provide only 80
percent of each individual’s benefit covered by PC-3. This funded PC-3 benefit
guaranteed by the PBGC is a fixed amount. If you are currently active or you retired
after September 2, 2003, the PC-3 benefit amount is not dependent on your age when you
begin receiving benefits.
Once the Retirement Plan terminates, the PBGC will assert an unsecured claim in the
bankruptcy court for the Retirement Plan’s unfunded benefits. The PBGC must share
with participants a portion of whatever recoveries it obtains from Delta on its claim.
Such recoveries may allow the PBGC to increase the percentage of your PC-3 benefits to
be paid.
Priority Category 4 (PC-4) – PC-4 covers the benefits that are guaranteed by the PBGC,
whether or not any assets remain for allocation to PC-4
. For plans terminating in 2006,the PBGC guarantees payment of a participant's accrued benefit, up to a maximum
amount of $47,659.08 per year at age 65 (including all benefits payable under PC-1
through PC-4). The PBGC schedule in effect when a pension plan actually terminates is
the schedule used to determine the guarantee amounts that apply to participants of a
terminated plan. Any future increases to the PBGC guarantee amounts will not apply to
participants of a plan that has already terminated.
The PBGC guarantee amount is phased-in for benefit increases that have not been in
effect for five full years prior to DOPT. For benefit increases first effective during the
five years prior to DOPT, the PBGC guarantee amount is phased-in, at 20 percent per
year (or if greater, up to $20 in monthly benefit per year), beginning on the effective date
of the plan amendment that increased benefits. For example, a benefit increase first
effective three years before DOPT would be 60 percent phased-in at DOPT.
The PBGC guarantee applies to a participant's benefits under the plan without regard to
when the participant is (or was) eligible to retire. The maximum guarantee amount
($47,659 in 2006) applies to a participant who is exactly age 65 on the
later of his benefitcommencement date or DOPT. The PBGC guarantee for a retired pilot who has already
commenced his benefits would be based on the retired pilot's age as of DOPT, using the
PBGC schedule in effect on plan termination. The PBGC guarantee for an active pilot
would be based on his age as of the date he actually retires and commences his
Retirement Plan benefit, using the PBGC schedule in effect on DOPT. This amount is
increased for participants who are older than age 65 and decreased for participants who
are younger than age 65.
The maximum PBGC guarantee amount that applies at any given age is based on a
benefit payable in the form of a single life annuity. The guarantee amount is adjusted for
benefits payable in a form other than a single life annuity (e.g., a joint and 50 percent
survivor annuity).
Appendix B sets forth the PBGC schedule of guaranteed benefits, for ages 50 through 70,
for plans terminating in 2006.
Priority Category 5 (PC-5) – PC-5 covers all other vested benefits under the Retirement
Plan. Since assets of the Retirement Plan run out in PC-3, the PBGC will pay no benefits
covered by PC-5.
Priority Category 6 (PC-6) – PC-6 covers all other benefits under the Retirement Plan.
Since assets of the Retirement Plan run out in PC-3, the PBGC will pay no benefits
covered by PC-6.
C4. How does PBGC take into account my benefit under the MPPP?
The PBGC considers your benefits under the Retirement Plan
net of the reduction madefor your MPPP account. The actuarial equivalent of your MPPP account is first applied
to offset your nonqualified benefits under the Bridge Plan and the Supplemental Annuity
Plan, and then, if any portion of your MPPP account remains, it is applied to offset your
benefits under the Retirement Plan. The PBGC will consider the
net benefit determinedunder the Retirement Plan after this offset as your qualified accrued benefit for purposes
of allocation among the Priority Categories.
C5. What is the general impact of the termination on my benefits under the Retirement
Plan?
In general, the PBGC will pay the following, assuming that our Retirement Plan
terminates September 2, 2006, that the funded percentage of PC-3 is 80 percent, and that
the PBGC does not treat post-retirement increases in the Annuity Benefit Limit as
increases pursuant to plan provisions that have not been in effect for five years as of
DOPT for purposes of PC-3:
(a) Pilots who retired before September 2, 2001 — Greater of (1) or (2) below:
(1) Approximately 80 percent of the qualified benefit the pilot was receiving
as of September 2, 2003 (PC-3 benefit), or
(2) 100 percent of the qualified benefit the pilot is receiving immediately
before September 2, 2006, up to the maximum PBGC guarantee amount
(PC-4 benefit, per Appendix B)
(b) Pilots who retired on or after September 2, 2001 but before September 2, 2003 —
Greater of (1) or (2) below:
(1) Approximately 80 percent of the qualified benefit the pilot was receiving
as of September 2, 2003, adjusted to eliminate all benefit increases under
the Retirement Plan since September 2, 2001 (PC-3 benefit), or
(2) 100 percent of the qualified benefit the pilot is receiving immediately
before September 2, 2006, adjusted to phase-in any benefit increases
under the Retirement Plan since September 2, 2001, up to the maximum
PBGC guarantee amount (PC-4 benefit, per Appendix B)
Note: In the case of a retired pilot who received the 50 percent lump sum, the
benefit payable by the PBGC will be subject to adjustment as described in Q&A
C8.
(c) Active pilots age 53 or older on September 2, 2006, and retired pilots age 53 or
older on September 2, 2006 who retired on or after September 2, 2003 — Greater
of (1) or (2) below:
(1) Approximately 80 percent of the qualified early retirement benefit the
pilot would have been entitled to receive if he had retired September 2,
2003, adjusted to eliminate all benefit increases under the Retirement
Plan since September 2, 2001 (PC-3 benefit), or
(2) 100 percent of the qualified benefit the pilot is entitled to receive under
the Retirement Plan as of September 2, 2006, adjusted to phase-in any
benefit increases under the Retirement Plan since September 2, 2001, up
to the maximum PBGC guarantee amount (PC-4 benefit, per Appendix
B)
Note: In the case of a retired pilot who received the 50 percent lump sum, the
benefit payable by the PBGC will be subject to adjustment as described in Q&A
C8.
(d) Active pilots under age 53 on September 2, 2006 — Lesser of (1) or (2) below:
(1) 100 percent of the qualified benefit the pilot is entitled to receive under
the Retirement Plan as of September 2, 2006, adjusted to phase-in any
benefit increases adopted under the Retirement Plan since September 2,
2001, or
(2) The maximum PBGC guarantee amount (PC-4 benefit, per Appendix B)
C6. Benefit increases made during the five years before DOPT are not covered by PC-3
and are phased-in under PC-4. What benefit increases have been made under the
Retirement Plan since September 2, 2001, and how will they be treated under PC-3
and PC-4?
The actuary for the Retirement Plan has identified several benefit increases under the
Retirement Plan since September 2, 2001. ALPA is presently analyzing how these
increases must be treated for purposes of determining benefits under PC-3 and phase-in
of the PBGC guarantee amount under PC-4. As of this date, no final determinations have
been made by the PBGC. Following are the most significant benefit increases since
September 2, 2001, as well as the Retirement Plan actuary’s view of how they should be
treated:
•
Both the Annuity Benefit Limit under Section 415(b) and the Compensation limitunder Section 401(a)(17) of the Internal Revenue Code have increased since
September 2, 2001. (See the tables in Q&A A2 contained in the discussions of the
nonqualified Bridge Plan and nonqualified Supplemental Annuity Plan.) The actuary
for the Retirement Plan believes that, for purposes of PC-3, the Annuity Benefit
Limit in place on September 2, 2003 (without regard to the increase due to the
Economic Growth and Tax Relief Reconciliation Act of 2001), and the
Compensation Limit in place on September 2, 2001, will apply, and that for purposes
of PC-4, the increases in both of the limits since September 2, 2001 will be phasedin.
•
For retired pilots receiving one-half of their benefit payments in the form of avariable annuity, variable increases have occurred since September 2, 2001, although
the variable benefit unit actually decreased from April 1, 2001 through April 1, 2004.
The actuary for the Retirement Plan believes that, for purposes of PC-3, the variable
benefit in pay status on April 1, 2004 will apply (because it is lower than the benefit
in pay status on September 2, 2001), and that for purposes of PC-4, 20 percent of the
variable increase of April 1, 2005 will be phased-in and 0 percent of the variable
increase of April 1, 2006 will be phased-in.
C7. Please provide examples of how to calculate benefits in PC-3 and PC-4 under our
Retirement Plan.
The following examples are for general informational purposes only. They do not
take into account many of the intricacies of the Retirement Plan, such as the Social
Security Offset, Money Purchase Pension Plan Offset, changes made to the
Retirement Plan within the 5-year period prior to DOPT, variable benefit increases,
etc. All of these examples assume the DOPT is September 2, 2006 and benefits are
payable in the form of a single life annuity (no 50 percent lump sum).
In reviewing these examples, it is important to keep in mind that benefits under the
Retirement Plan include only
qualified retirement benefits, and do not include anybenefits that were intended to be provided under the nonqualified Bridge Plan and
nonqualified Supplemental Annuity Plan.
PC-3 Examples:
Example 1: Assume that on DOPT a retired pilot is age 67, has been retired for seven
years and has an accrued benefit of $7,000 per month under the Retirement Plan. Since
this pilot has been retired for more than three years at DOPT, the benefit he is currently
receiving would generally be the benefit that was in pay status three years prior to DOPT.
In that case, the PC-3 benefit would be $7,000.
Therefore, if assets were sufficient to cover 100 percent of the benefits in PC-3, the
benefit payable for this pilot under PC-3 would be $7,000 per month.
If assets are sufficient to cover only 80 percent of PC-3 benefits, the benefit payable for
this pilot under PC-3 would be $5,600 ($7,000 times 80 percent) per month.
Example 2: Assume that on DOPT a retired pilot is age 61, has been retired for one year
and that his monthly FAE was $12,000. Assume also that he had completed 25 years of
Credited Service precisely on 12/31/2004. His benefit under the Retirement Plan is
$7,200 per month.
In calculating the pilot’s PC-3 benefit, we need to determine what benefit he would have
received if he had retired on September 2, 2003, three years prior to the DOPT, when he
would have been age 58. Since Credited Service was frozen at 12/31/2004 and he had
completed 25 years of Credited Service precisely on that date, he would have had
approximately 23-2/3 years of Credited Service on September 2, 2003. Since the pilot
was then only 58 years old, he would have been subject to an early retirement reduction
of 6 percent (3 percent per year for each of the 2 years prior to age 60). Assuming that
the pilot’s monthly FAE as of September 2, 2003 was also $12,000, his PC-3 benefit
would be approximately $6,407 [2.4 percent times 23-2/3 years times $12,000 times (1 –
6 percent)]. If his FAE was lower as of September 2, 2003, the PC-3 benefit would be
lower.
Therefore, if assets were sufficient to cover 100 percent of the benefits in PC-3, the
benefit payable for this pilot under PC-3 would be $6,407 per month.
If assets are sufficient to cover only 80 percent of PC-3 benefits, the benefit payable for
this pilot under PC-3 would be $5,126 ($6,407 times 80 percent) per month.
Example 3: Assume that on DOPT an active pilot is age 57 and that his monthly FAE is
$10,000. Assume also that he had completed 25 years of Credited Service precisely on
12/31/2004. This pilot has an accrued benefit under the Retirement Plan of $6,000 per
month, payable at age 60.
In calculating the pilot’s PC-3 benefit, we need to determine what benefit he would have
received if he had retired on September 2, 2003, three years prior to the DOPT, when he
would have been age 54. Since Credited Service was frozen at 12/31/2004 and he had
completed 25 years of Credited Service precisely on that date, he would have had
approximately 23-2/3 years of Credited Service on September 2, 2003. Since the pilot
was then only 54 years old, he would have been subject to an early retirement reduction
of 18 percent (3 percent per year for each of the 6 years prior to age 60). Assuming that
the pilot’s monthly FAE as of September 2, 2003 was also $10,000, his PC-3 benefit
would be approximately $4,658 [2.4 percent times 23-2/3 years times $10,000 times (1 –
18 percent)]. If his FAE was lower as of September 2, 2003, the PC-3 benefit would be
lower.
Therefore, if assets were sufficient to cover 100 percent of the benefits in PC-3, the
benefit payable for this pilot under PC-3 would be $4,658 per month, payable at such
time that the pilot actually retires and commences his benefit, regardless of age at that
time.
If assets are sufficient to cover only 80 percent of PC-3 benefits, the benefit payable for
this pilot under PC-3 would be $3,726 ($4,658 times 80 percent) per month, payable at
such time that the pilot actually retires and commences his benefit, regardless of his age
at that time.
Note that the pilot’s actual age when benefits commence does not impact the PC-3
guarantee amount.
PC-4 Examples:
Example 1: Assume a retired pilot is age 67 on DOPT, has been retired for seven years
and has an accrued benefit of $5,000 per month under the Retirement Plan. Since this
pilot has been retired for more than three years at DOPT, the benefit he is currently
receiving would generally be the benefit that was in pay status three years prior to DOPT.
In that case, the PC-3 benefit would be $5,000.
Therefore, if the assets were sufficient to cover 100 percent of the benefits in PC-3, the
benefit payable for this pilot under PC-3 would be $5,000 per month. So his entire
benefit would be payable under PC-3.
However, if assets are sufficient to cover only 80 percent of PC-3 benefits, the benefit
payable for this pilot under PC-3 would be $4,000 ($5,000 times 80 percent) per month.
But the PBGC dollar guarantee for a 67 year-old is $4,805.62 per month. If the funded
PC-3 benefit is only $4,000 per month, this pilot would also be entitled to a benefit in the
amount of $805.62 per month from PC-4 to bring his total PBGC guarantee up to the
$4,805.62 per month level. Under legislation proposed by Senator Akaka (discussed
below in Part E), the age 67 PBGC dollar guarantee would be $7,393.27, and this pilot
would be entitled to a benefit in the amount of $1,000 per month from PC-4 to bring his
total PBGC guarantee up to his $5,000 per month accrued benefit level.
Example 2: Assume an active pilot age 44 with 20 years of Credited Service has an
accrued benefit at DOPT of $6,500 per month, payable at age 60. Because this pilot was
not eligible to retire three years prior to DOPT, he does not receive any benefit in PC-3.
If he retires at age 60, his benefit under the Retirement Plan will be $2,581.53 per month
($3,971.59 under the legislation proposed by Senator Akaka), which is the PBGC dollar
guarantee for a participant commencing benefits at age 60. If he retires at another age,
his benefit will be based on the PBGC dollar guarantee for that age.
C8. I retired before the liquidity shortfall and received 50 percent of my Formula
Benefit in a lump sum. How will the PBGC account for my receipt of the lump
sum?
The maximum PBGC guarantee amount will be reduced (but not below zero) by the
amount of annuity the pilot “gave up” by electing to receive the lump sum.
If the pilot retired before September 2, 2001, his initial PC-3 benefit (prior to applying
the PC-3 funded percentage) will be the benefit he was receiving as of September 2,
2003, i.e. the net benefit remaining after the lump sum was paid out. (Note: We have
ignored the possibility that the PBGC may treat post-retirement increases in benefits due
to increases in the Annuity Benefit Limit after September 2, 2001 as increases pursuant to
plan provisions that have not been in effect for five years as of DOPT.)
If the pilot retired on or after September 2, 2001 and is covered by PC-3, the PBGC will
reduce his initial PC-3 benefit (prior to applying the PC-3 funded percentage) to take into
account the lump sum payment he received. The PC-3 benefit will be determined by
calculating the qualified benefit the pilot would have received if he had retired on
September 2, 2003 (adjusted to eliminate all benefit increases adopted under the
Retirement Plan since September 2, 2001 and ignoring the fact that when he actually
retired he elected the lump sum). That amount will then be reduced by the amount of
annuity he “gave up” by electing to receive the lump sum. The PC-3 funded percentage
will be applied to that reduced benefit.
If the pilot retired on or after September 2, 2003 and is not covered by PC-3, the PBGC
will reduce his PC-4 guarantee amount (per Appendix B) by the amount of annuity he
“gave up” by electing to receive the lump sum.
The following examples are for general informational purposes only. They do not
take into account many of the intricacies of the Retirement Plan, such as the Social
Security Offset, Money Purchase Pension Plan Offset, changes made to the
Retirement Plan within the 5-year period prior to DOPT, variable benefit increases,
etc. All of these examples assume the DOPT is September 2, 2006 and the pilot
elected and received the 50 percent lump sum. In reviewing these examples, it is
important to keep in mind that benefits under the Retirement Plan include only
qualified
retirement benefits, and do not include any benefits that were intended tobe provided under the nonqualified Bridge Plan and nonqualified Supplemental
Annuity Plan.
Example 1: Assume that on DOPT a retired pilot is age 67, has been retired for seven
years and has an accrued benefit of $7,000 per month under the Retirement Plan. If he
elected to receive the 50 percent lump sum at retirement, he would currently be receiving
a benefit of $3,500 per month. In this case, the PC-3 benefit would be $3,500.
Therefore, if assets were sufficient to cover 100 percent of the benefits in PC-3, the
benefit payable for this pilot under PC-3 would be $3,500 per month because the lump
sum would be ignored.
If assets are sufficient to cover only 80 percent of PC-3 benefits, the benefit payable for
this pilot under PC-3 would be $2,800 ($3,500 times 80 percent) per month.
The PBGC also reduces the pilot’s PC-4 guarantee by the annuity he “gave up” by
receiving the lump sum. The PC-4 guarantee at age 67 is $4,805.62 per month. Now we
need to subtract the $3,500 annuity he “gave up” by receiving the 50 percent lump sum.
The result is a net PC-4 guarantee of $1,305.62 ($4,805.62 minus $3,500) after adjusting
for the lump sum he received. If the funded portion of his PC-3 benefit was less than
$1,305.62, he would receive additional benefits from PC-4 to bring the total up to the
$1,305.62 PBGC guarantee for PC-4. If PC-3 is 80 percent funded, his funded PC-3
benefit of $2,800 would exceed the PC-4 guarantee of $1,305.62, and therefore, he would
receive $0 under PC-4.
Example 2: Assume that on DOPT a retired pilot is age 61, has been retired for one year
on DOPT, and that his monthly FAE was $12,000. Assume also that he had completed
25 years of Credited Service precisely on 12/31/2004. His benefit under the Retirement
Plan is $7,200 per month. If he elected to receive the 50 percent lump sum at retirement,
he would currently be receiving a benefit of $3,600 per month.
To calculate his PC-3 benefit we need to determine the initial PC-3 amount as if he had
not received a lump sum payment, and then reduce it by the amount of annuity he “gave
up” by electing the lump sum. In calculating the pilot’s initial PC-3 benefit, we need to
determine what benefit he would have received if he had retired on September 2, 2003,
three years prior to the DOPT, when he would have been age 58. Since Credited Service
was frozen at 12/31/2004 and he had completed 25 years of Credited Service precisely on
that date, he would have had approximately 23-2/3 years of Credited Service on
September 2, 2003. Since the pilot was then only 58 years old, he would have been
subject to an early retirement reduction of 6 percent (3 percent per year for each of the 2
years prior to age 60). Assuming that the pilot’s monthly FAE as of September 2, 2003
was also $12,000, his PC-3 benefit would be approximately $6,407 [2.4 percent times 23-
2/3 years times $12,000 times (1 – 6 percent)]. If his FAE was lower at that time, the PC-
3 benefit would be lower. Now we need to subtract the $3,600 annuity he “gave up” by
receiving the 50 percent lump sum. The result is a net PC-3 benefit of $2,807 ($6,407
minus $3,600) after adjusting for the lump sum he received.
Therefore, if assets were sufficient to cover 100 percent of the benefits in PC-3, the
benefit payable for this pilot under PC-3 would be $2,807 per month.
If assets are sufficient to cover only 80 percent of PC-3 benefits, the benefit payable for
this pilot under PC-3 would be $2,246 ($2,807 times 80 percent) per month.
The pilot’s PC-4 guarantee is also reduced by the annuity he “gave up” by receiving the
lump sum. The PC-4 guarantee at age 61 is $2,859.54 per month. Now we need to
subtract the $3,600 annuity he “gave up” by receiving the 50 percent lump sum. The
result is a net PC-4 guarantee of $0 ($2,859.54 minus $3,600, but not less than zero) after
adjusting for the lump sum he received. In this case, the pilot will only receive a PBGC
guarantee based on the funded portion of his PC-3 benefit.
Example 3: Assume that on DOPT a retired pilot is age 52 and has been retired for one
year. Because he is under age 53 on DOPT, he is not covered by PC-3. Assume his
benefit under the Retirement Plan is $4,800 per month. If he elected to receive the 50
percent lump sum at retirement, he would currently be receiving a benefit of $2,400 per
month. The PC-4 guarantee at age 52 is $1,548.92 per month. Subtracting the $2,400
annuity he “gave up” by receiving the 50 percent lump sum, the result is a net PC-4
guarantee of $0 ($1,548.92 minus $2,400, but not less than zero) after adjusting for the
lump sum he received. In this case, the pilot will be entitled to receive no further benefits
after DOPT.
C9. If I retire before termination of the Retirement Plan, will my benefit be in a higher
Priority Category, with a higher claim on the Retirement Plan's assets?
No. A pilot's level of Priority Category is not affected by whether the pilot retires before
or after DOPT. When a plan is terminated in a distress termination, the plan's assets will
be allocated among (and in the order of) the six Priority Categories discussed above.
Under these Priority Categories, a retired participant has no higher claim on the assets
than does an active participant. Furthermore, for purposes of PC-3, where all of the
Retirement Plan’s assets will be allocated, a participant's level of priority would be
determined based on whether the participant is
eligible to retire as of the date three yearsprior to DOPT, not whether the participant has
actually retired.C10. Retirement Plan participants may currently elect for their benefits to be paid in the
form of a single life annuity, a joint and 50 percent survivor annuity or a joint and
50 percent contingent annuity (ignoring the 50 percent lump sum option that is no
longer available). What benefit payment forms will PBGC allow?
If a participant is already retired and receiving benefits on DOPT, the PBGC will
continue the form in which the benefits are being paid after DOPT, and the participant
cannot change that form. However, we have been advised that, in the case of pilots who
have retired since October 1, 2005 and who elected but have not received a lump sum due
to the liquidity shortfall, the PBGC will allow a new election for the value of the
remaining unpaid lump sum.
For benefits not already in pay status as of DOPT, the PBGC makes distributions
available in the following forms: single life annuity; joint and 50 percent, 75 percent or
100 percent survivor annuity; 5-, 10-, or 15-year certain-and-continuous annuity; and
joint and 50 percent survivor "pop-up" annuity (in which case, if the designated
beneficiary dies first, the participant's benefit "pops up" to the level that would have been
paid in the form of a single life annuity).
The PBGC does not pay benefits in the form of a lump sum or partial lump sum (other
than for very small lump sums). In fact, the Retirement Plan may not pay lumps sums or
partial lump sums after June 19, 2006, the date the Company issued the Notice of Intent
to Terminate. This means that no lump sum payments can be made after June 19, 2006,
even if the Retirement Plan were to come out of liquidity shortfall.
D. Special Rules and Circumstances
D1. Will the termination of the Retirement Plan and nonqualified plans have any impact
on my other retiree benefits from Delta?
No, with the following exception. Under LOA 51, the Company contributions to the
Pilots DC Plan will be a flat 9 percent of earnings for all pilots, rather than the
percentages from the contribution grid in LOA 46.
D2. When may I start my benefit once the Retirement Plan is terminated?
In accordance with the provisions of the Retirement Plan, once you reach age 50, you
may start your benefit after you retire or otherwise terminate your employment with
Delta. Age 50 is the earliest date at which you are eligible to begin receiving benefits
under our Retirement Plan.
D3. Will the PBGC adjust my benefit annually for increases in cost-of-living?
No; there are no cost-of-living adjustments. We also believe that the PBGC will not pay
any variable increases for pilots receiving variable benefits from the Retirement Plan.
D4. What happens to the Retirement Plan during the transition from Delta to the
PBGC?
During the transition, the plan administrator must continue to carry out the normal
operations of the Retirement Plan, such as processing retirement applications and paying
benefits. However, pursuant to PBGC guidelines, the plan administrator must reduce
benefits to the levels estimated to be payable under the PBGC’s Priority Categories. The
purpose of these guidelines is to reduce the possibility of overpayments that the PBGC
would seek to recoup later (see Q&A D6 below).
D5. Please explain the process the PBGC will follow in adjusting benefits payable after
DOPT in accordance with the Priority Categories.
The PBGC's benefit determination process is a two-step process. Based on its initial
analysis of the Retirement Plan's assets and liabilities as of DOPT, the PBGC will
initially adjust benefits to retired pilots and to pilots as they retire in the future, as
necessary, to pay PBGC-determined "estimated benefits." Then, following a period of
time during which the PBGC will conduct a complete analysis of the Retirement Plan’s
assets, liabilities and recoveries, the PBGC will make a final benefit determination for
each participant. The PBGC's stated goal is to get the final benefit determinations
completed within three years after DOPT. The PBGC will notify each participant of its
final benefit determination, and will provide the opportunity for each participant to
appeal this final benefit determination within the 45-day period following such notice.
D6. After the PBGC makes its final benefit determination, what happens if the benefits I
have been receiving since DOPT turn out to have been too high or too low?
If the participant has been underpaid since DOPT based on the PBGC’s final benefit
determination, then the PBGC will pay the participant the amount of such shortfall in a
lump sum payment with interest following the final benefit determination. If the
participant has been overpaid since DOPT, the PBGC may recoup the overpayment,
allowing the participant to repay the excess amount without interest. Repayments may be
made in a lump sum, or by having future monthly benefit checks reduced until the
overpayment has been repaid, or by making repayments in installments if there are no
future monthly benefit payments from which deductions may be made.
D7. I retired before the liquidity shortfall and received 50 percent of my Formula
Benefit in a lump sum. Will the PBGC be able to recover any part of the lump sum
from me?
The PBGC has no authority to recover from a participant any benefit payments made
from the Retirement Plan before September 2, 2003, but does have the authority to
“recapture” a portion of benefit payments made after September 2, 2003. In general, the
amount the PBGC may recapture is equal to the total of benefit payments made to the
participant during the three-year period beginning September 2, 2003, minus the sum of
(a) the amount that would have been paid in the form of a single life annuity during such
period plus (b) the amount equal to the present value of his future benefits payable by the
PBGC after DOPT. Although it has this authority, we understand (based on past
experience) that the PBGC would not likely seek to recapture any portion of the partial
lump sum payments that have been made to retired participants after September 2, 2003,
since the lump sum payments were not being made in anticipation of the Retirement Plan
terminating but rather were made in the ordinary course of plan administration.
D8. Will my Social Security benefits be reduced if my Retirement Plan benefits are paid
by the PBGC?
No. No reduction will be made to your Social Security benefits, whether your Retirement
Plan benefits are paid by the Retirement Plan or by the PBGC. Although your net
Retirement Plan benefit is calculated after application of the offset attributable to your
Social Security benefits (maximum of $259/month at age 62), this reduction has no
impact whatsoever on the actual amount of your Social Security benefits.
D9. Will my military retirement benefit be reduced if my Retirement Plan benefits are
paid by the PBGC?
No. There is no relationship between your Retirement Plan benefits and your military
retirement benefits.
D10. If I am age 61- 1/2 when the Retirement Plan terminates, will the PBGC apply the
guarantee for age 61 or age 62?
The PBGC guarantees for ages between full years are pro-rated to the nearest full month,
using straight line interpolation. For example, using the 2006 PBGC schedule, the PBGC
guarantee for age 61 and 6 months would be $2,998.55 per month (which is halfway
between the $2,859.54 guarantee for age 61 and the $3,137.56 guarantee for age 62).
D11. If my benefit under the Retirement Plan is less than the PBGC guarantee, will I
receive the PBGC guarantee amount following a termination of the Retirement
Plan?
No. If your benefit covered by PC-4 is less than the PBGC guarantee amount for your
age and payment form, this simply means that your benefit covered by PC-4 would be
fully insured by the PBGC. In this situation, you would receive your full benefit covered
by PC-4 at the time you actually retire.
D12. I am a furloughed pilot age 30 and have an accrued normal retirement benefit of
$2,000 per month, payable at age 60. If I wait until age 60 to commence my
Retirement Plan benefit, will I be entitled to receive my accrued benefit of $2,000?
Yes. Your $2,000 normal retirement benefit payable at age 60 would be fully insured by
the PBGC, since it is lower than the maximum PBGC guarantee of $2,581.53 at age 60.
If, however, you retire early and commence your benefit prior to age 60, your benefit
would be calculated with the early retirement reduction of 3 percent/year (.25
percent/month). Such reduced benefit would be protected up to the PBGC guarantee
applicable to your age when you commence your benefit. The earliest date you may
commence your benefit is age 50. If you retired and commenced receiving your benefit
at age 50, your calculated benefit would be $1,400/month ($2,000 x 70 percent), but you
would receive only $1,390.06/month, the PBGC guarantee amount at age 50.
D13. How will the PBGC guarantee apply to the Joint and 50 percent Survivor Annuity
and the Joint and 50 percent Contingent Annuity Benefit?
The PBGC guarantee amounts are all expressed in the form of a single life annuity. The
guarantee amounts must be converted to actuarial equivalent amounts for benefits paid in
other forms. The dollar amount of the guarantee will be lower for benefits paid in the
form of either a joint and 50 percent survivor annuity or a joint and 50 percent contingent
annuity, and will be determined by the PBGC using applicable actuarial assumptions.
D14. May I commence my Retirement Plan benefit while working for Delta?
No. The Retirement Plan requires that a participant retire or otherwise terminate
employment with Delta in order to begin receiving benefits. The earliest retirement age
under the Retirement Plan is age 50. A participant who terminated employment prior to
age 50 may commence benefits only on or after attaining age 50.
D15. May I commence my Retirement Plan benefit while working for Delta Global
Services (DGS)?
Yes, as is currently allowed by the Retirement Plan.
D16. If a married pilot dies prior to commencing his Retirement Plan benefit, would his
spouse's survivor benefit be protected by the PBGC guarantee? What if a single
pilot dies prior to commencing his Retirement Plan benefit?
If a married pilot dies before commencing his Retirement Plan benefit, his surviving
spouse is entitled to receive the Qualified Pre-Retirement Survivor Benefit (QPRSB).
The QPRSB is a monthly benefit payable to the pilot’s surviving spouse's equal to 50
percent of the amount the pilot would have received, assuming he had retired on the day
before his death (or if he was under age 50, assuming that he had survived to age 50 and
then retired), and elected to receive his benefit in the form of a joint and 50 percent
survivor annuity. If the pilot was not yet age 50 when he died, the surviving spouse’s
benefit may begin when the pilot would have attained age 50. The PBGC will continue
to provide the QPRSB to surviving spouses, whether the pilot’s death is before or after
the DOPT.
If a single pilot dies before commencing his Retirement Plan benefit, no survivor benefits
are payable under the Retirement Plan.
If a married pilot or single pilot dies after commencing his Retirement Plan benefit,
benefits will be payable to the pilot’s survivors only if survivor benefits are provided
under the form of benefit the pilot elected.
D17. Will the PBGC charge Retirement Plan participants for QPRSB coverage?
Generally, no, since QPRSB charges no longer apply to the benefits of pilots still on the
seniority list. However, if a participant has a benefit that was subject to QPRSB charges
under the terms of the Retirement Plan applicable to that participant, then the PBGC will
apply those charges.
D18. Will the PBGC charge Retirement Plan participants for Supplemental Pre-
Retirement Survivor Benefit coverage (SPRSB)?
We do not know whether the PBGC will continue to allow pilots the option to be covered
for this benefit. If the PBGC does allow continued coverage, we expect charges would
be applied for such coverage in a manner similar to the way the Retirement Plan currently
charges for such coverage. Charges are made by applying an appropriate reduction to
benefits when they become payable.
D19. I am the surviving spouse of a Delta pilot and am receiving a survivor's benefit from
the Retirement Plan. Will my benefit be protected in a distress termination?
The same rules apply whether the survivor's benefit is paid as a result of the pilot's death
before retirement or after retirement. If the survivor benefit has been in pay status for
three years as of DOPT, then the survivor benefit will be covered by PC-3. Assuming
PC-3 is 80 percent funded, then only 80 percent of the survivor benefit will be paid under
PC-3.
If the survivor benefit has been in pay status for less than three years as of DOPT (i.e.,
the participant died after September 2, 2003), then the survivor benefit will be in PC-3
only if the participant's retirement benefit would have been in PC-3. That is, the
survivor's benefit will be in PC-3 if the participant was at least age 50 by September 2,
2003. If so, then for purposes of determining the amount of the survivor's benefit
covered by PC-3, the participant will be deemed to have died on September 1, 2003.
Survivor benefits are also payable under PC-4, up to the maximum PBGC guarantee
amount (per Appendix B).
D20. If part of my Retirement Plan benefit was assigned to my former spouse under a
QDRO, will each of our benefits be protected by the PBGC guarantee?
Together, the pilot and the alternate payee under the QDRO share the PBGC guarantee
amount that would have applied to only the pilot had there been no QDRO.
D21. Are Retirement Plan benefits paid by the PBGC taxable?
Yes. Your benefits under the Retirement Plan are taxable whether they are paid directly
from the Retirement Plan or by the PBGC.
D22. Currently, the monthly premiums I pay for coverage under the Delta's retiree
medical and dental plans are deducted from my monthly Retirement Plan check.
How will I pay those premiums after the PBGC takes over the Retirement Plan
payments?
After the transition of the Retirement Plan to the PBGC, we expect, based on prior
experience, that retirees covered under the Delta medical and dental plans will be billed
directly by Delta or its agent.
D23. Will the PBGC provide for electronic deposit of my monthly Retirement Plan
benefit checks?
Yes.
D24. How will the Western D-Plan benefits for former Western pilots be impacted by the
termination of the Retirement Plan?
Termination of the Retirement Plan does not affect benefits payable under the Western
D-Plan. If the Western D-Plan is later terminated in a distress or involuntary termination
in which PC-4 is not fully funded by Western D-Plan assets, then participants in the
Western D-Plan will be subject to the PBGC guarantee amount aggregation rules
discussed in Q&A D25 below.
D25. I am a former pilot of Eastern, Pan Am or TWA. When I retire from Delta, I will
also be receiving a benefit from the PBGC with respect to my prior airline’s
terminated plan. Will my receipt of these other benefits affect the benefits I receive
from the PBGC under the Delta Pilots Retirement Plan?
Generally, the PBGC aggregates an individual's benefits from two or more terminated
plans for purposes of applying the PBGC maximum guarantee. However, such
aggregation applies only with respect to benefits payable by the PBGC from
its funds.The Eastern pilots’ plan was 100 percent funded through PC-4, which is the PBGC
guarantee, and partially funded through PC-5. Because the PBGC will use none of its
own funds to pay benefits under the Eastern plan, former Eastern pilots who also have a
benefit under the Delta Pilots Retirement Plan will be entitled to receive the full PBGC
guarantee with respect to the Delta Pilots Retirement Plan.
The situation is different under the TWA and Pan Am pilots’ plans. PC-4 benefits were
not 100 percent funded by plan assets in either of these plans. Therefore, to the extent
that a participant had a benefit payable under PC-4 from either of these plans, the portion
of such benefit funded by the PBGC’s assets will reduce the PBGC maximum guarantee
amount (per Appendix B) that is available to that pilot with respect to the Delta Pilots
Retirement Plan.
D26. What benefit will I receive upon termination of the Retirement Plan if I am entitled
to a benefit both as a pilot participant and as the surviving spouse of a pilot?
The PBGC does not aggregate benefits with respect to two or more participants when
applying the PBGC guarantee. If a pilot is entitled to a monthly pension benefit in her
own right under the Retirement Plan and to a monthly survivor benefit with respect to her
deceased husband who was also a pilot, the PBGC will not aggregate the two benefits
when determining the maximum PBGC guarantee. This individual would be entitled to a
separate PBGC guarantee for each of the two benefits.
D27. When I begin receiving benefits from the PBGC, will I be eligible for the Health
Coverage Tax Credit?
The Health Coverage Tax Credit (HCTC) may apply to an individual who is age 55 or
older, receiving benefits from the PBGC, not eligible for Medicare or Medicaid, and
enrolled in a qualifying health plan. The tax credit is equal to 65 percent of the amount
of health insurance premiums paid by the eligible individual. The HCTC is administered
by the HCTC Program, within the IRS. After receiving information from the PBGC, the
HCTC Program sends eligible individuals the HCTC program kit, including an
application. You may go to
http://www.irs.gov/individuals/article/0,,id=109956,00.htmlfor more information.
D28. Where can I find out more information about the PBGC and its rules?
Go to
www.pbgc.gov.E. Pending Legislation
E1. Please explain what funding relief would be provided to DB plans maintained by
airlines, under the legislation presently pending before Congress.
On November 16, 2005, the Senate passed S 1783, the Pension Security and
Transparency Act of 2005. Prior to passage of S 1783, two amendments affecting airline
DB plans were adopted. One amendment provided that special 20-year funding relief
could be elected for passenger airline DB plans. The second amendment incorporated the
language from S 665, a bill previously introduced in the Senate by Senator Akaka. That
language provides for potentially higher PBGC dollar guarantees for pilot participants in
terminated DB plans.
On December 15, 2005, the House passed HR 2830, the Pension Protection Act of 2005.
It has no airline-specific relief provisions and does not contain the Akaka amendment
language included in S 1783.
A Conference Committee was appointed by the House and Senate early in March, 2006
to resolve the differences between the two bills. When the House appointed its members
to the Conference Committee, it also passed a non-binding resolution asking its conferees
to accept the airline funding relief provisions of the Senate bill as well as the language
providing for potentially higher PBGC dollar guarantees for pilots of terminated defined
benefit plans (the Akaka amendment).
The Conference Committee is continuing to try to arrive at a compromise bill that both
the House and Senate can agree on. Unfortunately, they have already missed two selfimposed
deadlines (April 15 and Memorial Day), and have now set July 4 as their new
target. We are hopeful that they will reach agreement shortly, and ALPA has been urging
them to do so.
E2. Could the Retirement Plan be saved under the pending legislation?
Even with the 20-year funding period provided in S 1783, the Retirement Plan is not
likely to survive the bankruptcy process. Among other reasons, the amount of annual
cash contributions required for the Delta Pilots Retirement Plan, even under the relaxed
funding rules, might affect Delta’s ability to attract financing sufficient to fund an exit
from bankruptcy. While the legislative funding relief may allow Delta to maintain the
non-contract employees’ DB plan after bankruptcy, due to the lower contribution
requirements for that plan, it is unlikely that it can save our Retirement Plan.
E3. I understand that the pending legislation provides for an increase in the PBGC
maximum guarantee for pilots forced to retire at age 60. Would the Retirement
Plan be covered by that provision?
Yes. The language added to S 1783 by the Akaka amendment could be very important to
the Delta pilots. As explained earlier, the PBGC dollar guarantees are based on the age
of the pilot at the later of the date his benefit commences or DOPT. The Akaka
amendment would allow pilots to receive the full age 65 PBGC dollar guarantee at the
FAA mandatory retirement age (currently age 60). As presently worded, the Akaka
amendment would apply to the Retirement Plan even if the legislation is enacted after the
DOPT.
E4. If the Akaka amendment is enacted, what would be its impact on benefits payable
under our Retirement Plan?
The table set forth in Appendix C illustrates how the PBGC dollar guarantees would be
impacted by the current Akaka amendment language. You can see that, under the Akaka
amendment, the PBGC maximum guarantee amounts would be approximately 53.85
percent higher than they are without the Akaka amendment.
APPENDIX A
Annuity Benefit Limit under Section 415(b) for Early Retirement Before Age 60
Annuity Benefit Limit under Section 415(b) of the
Internal Revenue Code
(Single Life Annuity)*
Age at
Retirement (when
benefits
commence)
2003
2004
2005
2006
60 $160,000 $165,000 $170,000 $175,000
59-11/12 136,251 140,509 144,766 149,024
59-10/12 135,427 139,659 143,891 148,123
59-9/12 134,603 138,809 143,015 147,222
59-8/12 133,779 137,959 142,140 146,321
59-7/12 132,955 137,110 141,264 145,419
59-6/12 132,131 136,260 140,389 144,518
59-5/12 131,307 135,410 139,514 143,617
59-4/12 130,483 134,560 138,638 142,716
59-3/12 129,659 133,711 137,763 141,814
59-2/12 128,835 132,861 136,887 140,913
59-1/12 128,011 132,011 136,012 140,012
59 127,187 131,162 135,136 139,111
58 118,190 121,884 125,577 129,271
57 109,985 113,422 116,859 120,296
56 102,486 105,689 108,891 112,094
55 95,617 98,605 101,593 104,581
54 89,313 92,104 94,895 97,686
53 83,516 86,126 88,736 91,345
52 78,175 80,618 83,061 85,504
51 73,246 75,535 77,824 80,113
50 68,689 70,836 72,982 75,129
*Limit is adjusted for benefits paid in a form other than a single life annuity.
Note that for ages below age 59, straight line interpolation would be used for ages
between the integer ages shown.
APPENDIX B
PBGC MAXIMUM GUARANTEES FOR QUALIFIED DB
PLANS TERMINATING IN 2006
PARTICIPANT’S AGE ON
LATER OF BENEFIT
COMMENCEMENT DATE OR
PLAN TERMINATION DATE*
PBGC MAXIMUM GUARANTEE
(Single Life Annuity)*
MONTHLY ANNUAL
70 (1.66 x limit) $6,592.84 $79,114.08
69 (1.49 x limit) $5,917.67 $71,012.04
68 (1.34 x limit) $5,321.93 $63,863.16
67 (1.21 x limit) $4,805.62 $57,667.44
66 (1.10 x limit) $4,368.75 $52,425.00
65 (100 percent of limit applies at 65) $3,971.59 $47,659.08
64 (.93 x limit) $3,693.58 $44,322.96
63 (.86 x limit) $3,415.57 $40,986.84
62 (.79 x limit) $3,137.56 $37,650.72
61 (.72 x limit) $2,859.54 $34,314.48
60 (.65 x limit) $2,581.53 $30,978.36
59 (.61 x limit) $2,422.67 $29,072.04
58 (.57 x limit) $2,263.81 $27,165.72
57 (.53 x limit) $2,104.94 $25,259.28
56 (.49 x limit) $1,946.08 $23,352.96
55 (.45 x limit) $1,787.22 $21,446.64
54 (.43 x limit) $1,707.78 $20,493.36
53 (.41 x limit) $1,628.35 $19,540.20
52 (.39 x limit) $1,548.92 $18,587.04
51 (.37 x limit) $1,469.49 $17,633.88
50 (.35 x limit) $1,390.06 $16,680.72
*The PBGC guarantee is higher for ages above 70, lower for ages below 50, and
actuarially adjusted for benefits paid in a form other than a single life annuity.
Note: For participants in PC-3, the PBGC guarantees the amount of the
participant’s PC-3 benefit funded by the plan’s assets, if such amount is
higher than the amount shown in this table.
APPENDIX C
EFFECT OF AKAKA AMENDMENT ON
PBGC MAXIMUM GUARANTEE AMOUNTS
FOR PILOTS
PARTICIPANT’S AGE
ON LATER OF
BENEFIT
COMMENCEMENT
DATE OR PLAN
TERMINATION DATE*
CURRENT 2006
PBGC MAXIMUM
ANNUAL GUARANTEE
WITHOUT AKAKA
AMENDMENT
(Single Life Annuity)*
ESTIMATED 2006
PBGC MAXIMUM
ANNUAL
GUARANTEE
UNDERAKAKA AMENDMENT
(Single Life Annuity)*
70 $79,114.08 $121,713.96
69 $71,012.04 $109,249.32
68 $63,863.16 $98,251.08
67 $57,667.44 $88,719.24
66 $52,425.00 $80,653.80
65 $47,659.08 $73,321.68
64 $44,322.96 $68,189.16
63 $40,986.84 $63,056.64
62 $37,650.72 $57,924.12
61 $34,314.48 $52,791.60
60 $30,978.36 $47,659.08
59 $29,072.04 $44,726.16
58 $27,165.72 $41,793.36
57 $25,259.28 $38,860.44
56 $23,352.96 $35,927.64
55 $21,446.64 $32,994.72
54 $20,493.36 $31,528.32
53 $19,540.20 $30,061.92
52 $18,587.04 $28,595.40
51 $17,633.88 $27,129.00
50 $16,680.72 $25,662.60
*The PBGC guarantee is higher for ages above 70, lower for ages below 50, and
actuarially adjusted for benefits paid in a form other than a single life annuity.
Note: For participants in PC-3, the PBGC guarantees the amount of the
participant’s PC-3 benefit funded by the plan’s assets, if such amount is
higher than the amount shown in this table.
LOA 51 Ballot Results
May 31, 2006
> Shortly after 10:00 am this morning the Delta pilots ratified Side Letter
> of Agreement #51. The voting closed with 95% of eligible pilots casting a
> ballot. Of those, 61% of the Delta pilots voted in-favor of the new
> contract. The U.S. Bankruptcy Court must now approve the agreement. This
> email will be followed later today by a letter to all pilots from MEC
> Chairman, Captain Lee Moak
On May 24th the Pension Benefit Guarantee Corporation (PBGC) filed in Bankruptcy court an objection to judicial approval of Letter of Agreement #51. Any interested party may file an objection to any motion before the court. The PBGC's objection is not unexpected. To be very clear both Delta and ALPA believe the PBGC objection is without merit and both will oppose the PBGC objection. We will aggressively assert that, if ratified by the membership, LOA 51 should be approved by the court and is in the best interest of all parties.
The PBGC objection can have no effect on the terms of LOA #51. If ratified by the membership the court's only choice is to grant or deny Delta's 363 motion and hence to approve or disapprove LOA #51. The court does not have the power to modify LOA #51.
You have heard from us individually, as representatives of our Councils. You have also heard from your MEC officers and negotiators, but now we want to take an unusual step and address you, the Delta pilots, directly as a nearly unanimous group, your MEC together, collectively. We have asked a lot from you in the last few months and you have responded. You volunteered to work in the Delta Pilot Network and Strike Committee. You attended rallies, picketing and practice strikes. You emptied your lockers and sent a clear message to the world that Delta pilots would strike if our contract were rejected. Now we are asking you for one last effort. It is time for your voice to be heard with your vote on this TA.
Make no mistake; our tentative agreement is now under assault. You know the environment we operate in: a bankruptcy regulation that favors the debtor and a political climate that favors management. We now see other parties crawling out from the woodwork. They want to attack this agreement and our attempt to salvage our careers. In an ironic twist, the PBGC -- a government corporation formed to protect workers now actively opposes our agreement in U.S bankruptcy court. Even our own retired pilots, assert with the court that we should take even further cuts to protect their retirement package.
In Letter of Agreement #50, the MEC made a strategic decision to gain time to ensure that our negotiations could be completed in a comprehensive manner, including acknowledgement of our pension plan status and equity returns to help make up for our sacrifices. In Tentative Agreement #51 we were able to accomplish those goals. The PBGC and the DP3 have filed motions to have the agreement rejected in its entirety because they know they can't "cherry pick", eliminating the returns package without the entire deal becoming void. These parties are essentially demanding a seat at the table to negotiate OUR CONTRACT.
When we met in New Orleans to discuss MEC ratification we discussed all options available to us. After careful consideration and protracted debate, we decided 12-1 that this TA was the best course of action. Economic conditions are changing, and our financial advisors have agreed with management's analysis that present conditions favor mainline growth. We believe this agreement sets the stage for Delta to achieve growth plans, and allows Delta pilots to benefit from that growth. But even if we assume the worst -- that there will be no growth - we would urge ratification. The reasons have been enumerated and discussed at length in previous communiqués. If those reasons aren't enough, the reaction of other parties to TA 51 should be compelling. It is now very clear that other entities want a piece of our agreement; galvanizing our belief in the value this TA represents to Delta's pilots.
Some in our pilot group have intimated that our decision to support TA 51 is based on fear or cowardice. If the circumstances were not so serious, this assertion would be laughable. When Delta filed for bankruptcy and presented its 1113 demands, the financial community expected the Delta pilots to follow the path marked out by our senior executives. They thought we would, as a pilot group, meekly give in to senior management, accept what they demanded.then naively stare in wide-eyed wonder as the inevitable demise of the pension occurred. It would have been quick and easy for our pilot group to accept that fate. Instead, we knew the Delta pilots were ready to fight for our careers and our families.
We responded to senior executives' demands with a full-scale defense of our careers. We fought them in court, at the bargaining table, in the financial community, in the press and even on the other side of the Atlantic. Our pilot group aggressively responded to these attacks as no other group could. We marched, we rallied, we got our word out in the media and we took control of our fate. TA 51, while concessionary, stands above pilot contracts at the other restructured carriers. We did not contribute to the race for the bottom; we did not exacerbate the situation. Rather, we drove a stake in the ground to say it will go no further.
Once again it is your turn to take action and shape your own future. We support this agreement and urge you to vote YES on this TA. Regardless of whether you ultimately decide to vote yes or no, vote TODAY. If the TA is voted down, your MEC stands united and ready to respect your decision -- to continue our defense against the assault on our profession. Outside parties will continue to attempt to take advantage of the bankruptcy situation, hoping to steal a piece of our fairly negotiated deal. An overwhelming return on this vote will demonstrate the Delta pilots remain resolved to take responsibility for our own destiny. It will send another message as well: we will not stand for any interference in the business of the Delta pilots' contract.
We are privileged to represent the Delta pilots in our respective Councils. We are honored to have stood together with you on the picket line. Finally, we are sure you will answer the call again. If you have not voted, please do so today.
Thank you for your support and participation.
| Council 016 Captain Frank Furbish F/O Bill McClaren Captain Malcolm Adam |
Council 044 Captain Art Williams Captain Mark Moore F/O Bill Kessler |
| Council 048 F/O Dick Holloway Captain Dave Short |
Council 66 Captain Brian McManus F/O Norm Abare F/O John Owen |
| Council 081 Captain Ed Thiel F/O Charlie Swindells F/O Brad Dicks |
Council 108 Captain Rich Harwood F/O Rob Connell F/O Tony Gerst |
If you still have questions
concerning the TA call the ALPA office or go to the pilot lounge. Your
representatives, P2P reps and Delta Pilot Network volunteers are available to
you on a daily basis through the end of the voting period. Vote your
conscience, but do not allow yourself to be swayed by misinformation, blatant
misrepresentation of technical details and political agendas that are not in
the best interests of you, your career and your family. The ramifications of
not casting an informed vote, one based on fact and truth, are enormous.
Please vote today.
Lee Moak, Chairman
Delta MEC
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