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Pension Restoration

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Reply Filed in Support of Motion to Dissolve Stay

Details
March 1 2014
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
In Case No. 2:09-cv-13616, Dennis Black, et al., Plaintiffs, v. Pension Benefit Guaranty Corporation, Defendant, the following document was filed on February 28, 2014:
PLAINTIFFS’ REPLY IN SUPPORT OF MOTION TO DISSOLVE PARTIAL STAY AND IN OPPOSITION TO MOTION TO STRIKE 

PBGC Files Motion to Strike DSRA Motion To Dissolve Partial Stay

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February 20 2014
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
In Case No. 2:09-cv-13616, Dennis Black, et al., Plaintiffs, v. Pension Benefit Guaranty Corporation, Defendant, the following document was filed on February 5, 2014:
PBGC MOTION TO STRIKE OR DENY PLAINTIFFS’ MOTION REQUESTING THAT JUDGE MAJZOUB DISSOLVE THE PARTIAL STAY OF HER AUGUST 21, 2013 ORDER

Surreply In Opposition To Treasury’s Motion To Quash

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February 13 2014
IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
United States Department of Treasury Petitioner, v. Pension Benefit Guaranty Corporation, Interested Party, v. Dennis Black, et al., respondents; case no. 1:12-MC-00100-EGS
RESPONDENTS’ SURREPLY IN OPPOSITION TO THE TREASURY’S RENEWED MOTION TO QUASH
Responding to Judge Sullivan's recent order, respondents including DSRA filed a surreply for the hearing on April 7, 2014, regarding The Treasury's Renewed Motion to Quash.

Motion Filed Requesting To Dissolve Partial Stay

Details
February 7 2014
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
In Case No. 2:09-cv-13616, Dennis Black, et al., Plaintiffs, v. Pension Benefit Guaranty Corporation, Defendant, the following document was filed on February 5, 2014:
PLAINTIFFS’ MOTION REQUESTING JUDGE MAJZOUB DISSOLVE THE PARTIAL STAY OF HER AUGUST 21, 2013 ORDER

DSRA and U.S. Treasury to appear in DC Court on April 7

Details
January 31 2014
U.S. District Court, District of Columbia
By Order dated January 29, 2014, Judge Emmet G. Sullivan has scheduled a hearing regarding the U.S. Treasury Motion to Quash the DSRA subpoena for Treasury documents.  A hearing on Treasury's Renewed Motion to Quash will be held on Monday, April 7, 2014 (updated Feb 13)

Portman Urges Extension of Key Tax Credit to Help Delphi Retirees Maintain Affordable Health Coverage

Details
January 17 2014
Sen. Portman
  

Push Comes at Crucial Finance Committee Hearing

Washington, D.C. – January 16, 2014, U.S. Senator Rob Portman (R-Ohio), a member of the Senate Committee on Finance, urged Committee members to extend the Health Coverage Tax Credit (HCTC), an issue of particular importance to Delphi Retirees struggling to maintain affordable healthcare.
Today’s comments follow a December Finance Committee hearing where Portman introduced a bipartisan amendment at the Committee’s mark-up of health legislation to extend the HCTC for two years.  After debate on Portman’s amendment, which was cosponsored by Senators Sherrod Brown (D-Ohio) and Debbie Stabenow (D-Mich.), Portman secured a commitment from the Chairman of the Senate Finance Committee to work toward extending the HCTC when Congress renews Trade Adjustment Assistance this year.  This was the first commitment from Senate leaders to work toward extending the HCTC, which expired on January 1, 2014.

Sen. Portman: New Year Brings New Concerns for Delphi Retirees

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January 11 2014
Sen. Portman
  
In his weekly column on January 10, 2014, Senator Rob Portman (OH) again highlights the ongoing issues facing Delphi salaried retirees facing both pension reductions and the increased cost of health care insurance with the loss of HCTC.
– Senator Portman's Weekly Column –
Across the country, Americans are celebrating the promise of a new year. But for 20,000 families of Delphi salaried retirees that lost their pensions in 2009 because of the actions of the Obama Administration, their new year is starting out under a cloud.
In the summer of 2009, as the government took GM into bankruptcy, the Obama Administration terminated thousands of Delphi salaried retirees and their pensions. These 20,000 salaried retirees, ranging from shop-floor supervisors and salespeople to engineers and office managers, spent many years at Delphi, a major employer and economic engine in towns across Ohio from the Mahoning Valley to the Miami Valley. They earned their pensions the American way, through hard work and dedication. Because of one political decision, all that hard work vanished into thin air.
Now many of these families are struggling to make ends meet. Like so many Americans who continue to face challenges in this difficult economy, they have very little margin in their budgets for unexpected expenses. Many Delphi retirees and their families depend on the Health Coverage Tax Credit (HCTC) to secure affordable health insurance. The HCTC was designed to help people who have experienced job loss and who, like former Delphi employees, have had their defined benefit pension plans taken over by the Pension Benefit Guaranty Corporation (PBGC). Often the HCTC serves as an important bridge for older Americans until they become eligible for Medicare benefits, covering 72.5 percent of their costs. But on January 1, 2014, that tax credit expired.

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Status of our Fight for our Pensions

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January 5 2014
We continue to win in the courts at every critical juncture as our legal battle moves into its fifth year.  Simply stated, the Pension Benefit Guaranty Corporation's unnecessary termination of our pension plan in 2009 violated the Employee Retirement Income Security Act of 1974 (ERISA) because:
  • The PBGC went ahead and seized our plan without seeking the required approval of a federal district court;
  • The PBGC made no provision for substantial safeguards of the interests of retirees and our beneficiaries, as the PBGC is required to do.  Instead, the PBGC released liens against Delphi's foreign assets that would have helped protect retirees' interests;
  • Delphi Corp, as the Plan Administrator, acted not as a fiduciary in the interest of retirees and beneficiaries, as required, but rather because it was being pressured by the federal government to terminate the plan as part of the government's orchestrated effort to restructure the U.S. auto industry as expediently and cheaply as possible.
The PBGC also violated our Fifth Amendment Constitutional right of due process when it terminated our plan without giving salaried retirees meaningful notice and an opportunity to defend our interests in a federal district court hearing.

Article continues ...

Plaintiff Motion filed: Memo in Opposition to The Treasury’s Renewed Motion to Quash

Details
October 28 2013
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
In case No. 1:12-mc-00100-EGS: UNITED STATES DEPARTMENT OF TREASURY Petitioner, v. PENSION BENEFIT GUARANTY CORPORATION, Interested Party, v. DENNIS BLACK, et al., Respondents.,
the following document was filed on October 25, 2013:
MEMORANDUM IN OPPOSITION TO THE TREASURY’S
RENEWED MOTION TO QUASH
This document includes a large number of references and exhibits which provide an insight into the substance of the Delphi salaried retirees' fight for recovery of their pensions.

Joint letter to President Obama by 19 Senators and Representatives

Details
October 1 2013
Turner (OH)
Ryan (OH)
Cochran (MS)
Brown (OH)
  
Wicker (MS)
Portman (OH)
Joyce (OH)
Brooks (IN)
  
Tiberi (OH)
Harper (MS)
O'Rourke (TX)
Kildee (MI)
  
Chabot (OH)
Stivers (OH)
Johnson (OH)
Kelly (PA)
  
Bentivolio (MI)
Collins (NY)
Messer (IN)
 
  
         
A joint letter was sent September 30 to President Obama from 19 bipartisan senators and house representatives asking the President for his personal review of the Delphi salaried retirees' pension decisions in the light of the recent congressional hearings and new information that has been exposed.
The letter was signed by Rep. Mike Turner (OH), Rep. Tim Ryan (OH), Sen. Thad Cochran (MS), Sen. Sherrod Brown (OH), Sen. Roger Wicker (MS), Sen. Rob Portman (OH), Rep. David Joyce (OH), Rep. Susan Brooks (IN), Rep. Pat Tiberi (OH), Rep. Gregg Harper (MS), Rep. Beto O'Rourke (TX), Rep. Dan Kildee (MI), Rep. Steve Chabot (OH), Rep. Steve Stivers (OH), Rep. Bill Johnson (OH), Rep. Mike Kelly (PA), Rep. Kerry Bentivolio (MI), Rep. Chris Collins (NY), and Rep. Luke Messer (IN).
We appreciate this incredible show of bicameral, bipartisan support - our thanks to all those who came together to support Delphi salaried retirees!
We look forward to the President's response and solution!

Additional information