Momentum Building on Capitol Hill to Restore Our Pension Plan

September 30, 2020 — While campaigning in Youngstown, Mr. Biden speaks to WFMJ-TV reporter Madison Tromler and references Sen. Sherrod Brown (D-OH): “People worked like hell for the pensions.  My dad lost a pension when a company he worked for went out.  It’s not right.  What I am going to do is work with your senator to figure out how we can, in fact, bring in the (Delphi) salaried workers who are really hurt as badly.  They deserve their pensions … these are hard-working folks.  They worked years and years relying on this so they can retire … they deserve it.”
March 12, 2021 — Rep. Mike Turner (R-OH) writes a letter to the PBGC's Director Hartogensis, saying in part, "I am ... deeply troubled by the PBGC's apparent refusal to comply with former President Trump's lawful Presidential Memorandum (of Oct. 22, 2020) ... (that) ... directed a response about an important issue.
March 16, 2021 — Rep. Turner submits to the PBGC a FOIA records request regarding the PBGC's management of our pension plan.
March 17, 2021 — WFMJ-TV airs this story after Congress (in a strict party line vote pushed by Democrats) includes $86 billion in the American Rescue Plan Act (the COVID-19 stimulus package) to help multi-employer pension plans that cover union workers.  Sen. Brown is asked about the status of resolving our pension issue, and he tells the reporter, "I don't know what's next.  I'm hopeful ... if we can get bipartisan support, we can get this through."
March 24, 2021 — Rep. Tim Ryan (D-OH) discloses in a news release that he's "had a private conversation" with President Biden earlier in the day "about the continued injustice that Delphi Salaried Retirees face ... I advocated that (they) should be made whole and urged him to have his Administration work with us to restore their earned benefits.  President Biden was familiar with the situation and told me he wants to help.  I will continue working with my colleagues in Congress and with the White House on this issue."
March 25, 2021 — Congressman Dan Kildee (D-MI) and Congressman Tim Ryan (D-OH) held a video dialog with the House Committee on Ways and Means specifically regarding the Protection of the Pensions of Delphi salaried retirees. Rep. Kildee said: “In my home state of Michigan we have almost 6,000 Delphi salaried retirees, many of whom are in my district. ... What’s happened to them, as you said, is an injustice and it’s long past time that we correct it ….”  Rep. Ryan responded: "I know this is on the President's radar screen ... he said he ... wants to try to fix it … I know he's deeply concerned ... this has been a long, tough process but we're not giving up." [Rep. Ryan media release]

Summary of DSRA’s Litigation Against the PBGC

     Updated Friday, 26 March 2021
DSRA continues to believe that the PBGC's termination of the Delphi salaried retirees' pension plans was improper. The U.S. District Court in Detroit and Sixth Circuit Court of Appeals in Cincinnati ruled in favor of the PBGC – however, DSRA strongly maintains that federal law was violated. We are now consulting with our attorneys on next steps. More details

Overview of DSRA’s Litigation Against the PBGC

     Updated Sunday, 28 February 2021
      In September 2009, the DSRA sued the PBGC in Federal District Court in Detroit to challenge the PBGC’s then-recent termination of the Delphi Salaried Pension Plan.  The PBGC terminated the plan by simple agreement with Delphi, rather than through a court adjudication as required by the Employee Retirement Income Security Act (ERISA).
      In its lawsuit, the DSRA asserted that the termination: (1) violated ERISA and constitutional due process because it was accomplished without a court adjudication; and (2) is substantively insupportable because the PBGC had not satisfied the criteria for terminations that ERISA establishes, and instead ordered the Plan terminated to comply with the preference of then-President Obama's ad hoc Auto Task Force created under the U.S. Treasury Department.  For relief, the DSRA requested that the retirees be put in the position we would have been in had the termination not occurred, so that, at a minimum, the PBGC would now run the Plan and pay benefits as if the Plan had never been terminated.
      The DSRA tried for nearly a decade to just get facts from the government during the discovery phase of the lawsuit.  The process was fraught with delays caused by the PBGC and U.S. Treasury that very nearly resulted in both being sanctioned.  In March of 2019, the federal court in Detroit granted summary judgment to the PBGC, dismissing the DSRA’s claims.  The DSRA then appealed to the U.S. Sixth Circuit Court of Appeals.  On September 1, 2020, a three-judge panel upheld the District Court ruling.
      As DSRA continues to believe the PBGC’s actions were unlawful, we filed with the Court of Appeals on October 15 a petition for rehearing on several legal issues.  On November 11, the PBGC filed its Response, in opposition.  Then, the three Appellate judges who ruled against us reaffirmed their earlier ruling on December 28, but the court then invited DSRA to submit a Supplemental Memorandum of Law by January 12, 2021. The court then directed the PBGC to provide a response, which it filed on January 28.  On February 25, the Court denied our petition for a rehearing en banc.  The DSRA Board is now consulting with our attorneys on next steps.

U.S. Treasury Ordered to Provide Documents

U.S. District Court, District of Columbia
  On October 15, 2018, Judge Emmet G. Sullivan Ordered U.S. Treasury to produce by October 24, 2018, at 12:00 PM, all but one of the remaining documents related to the Delphi salaried retirees' case for restoration of their pensions.  Each document to be provided with a justification sheet explaining why the document does not contain evidence that may be reasonably relevant to the claims in this case. 
U.S. Treasury has repeatedly taken action in court to avoid compliance with the Judge's previous Order and avoid production of these documents.