Proof That The Delphi Salaried Pension Plan was Traditionally Well-Funded

Watson Wyatt letterheadIn June 2009, Watson Wyatt reported its analysis of the Delphi Salaried Pension Plan and summarized that "based on the valuation results that will be shown in the actuarial valuation report to determine funding requirements for the plan for the year beginning October 1, 2008, we have determined the 2008 AFTAP to be 85.62% as developed in the attached exhibit. The 2007 AFTAP was 86.9%."

U.S. Government Wrongfully Terminated Delphi Salaried Retirement Plan in 2009

Please join the bipartisan support for the non-partisan Susan Muffley Act to restore the unfairly terminated pension plan for salaried workers from Delphi Corporation.

Susan Muffley Act – S.2277 / H.R.735

BACKGROUND:  Delphi Corporation was the largest parts supplier to General Motors (GM) in 2009 when the Obama Administration created an Auto Team to save the U.S. auto industry during the Great Recession.  Leading GM through an unprecedented 40-day bankruptcy, the Auto Team decided that Delphi’s traditionally well-funded salaried pension plan should be terminated while hourly pension plans should be saved. But the Auto Team’s mission clashed with the mission that Congress gave to the PBGC.

THE AUTO TEAM MISSION – The Administration and the U.S. Treasury instructed a handful of temporary U.S. Government appointees to act in a “commercially reasonable” manner to save the U.S. auto industry.  The Special Inspector General for the TARP Program (SIGTARP) noted that no policies or procedures defined that term – “Without policies or procedures to define commercial reasonableness, Treasury used commercial reasonableness as a justification for all of its actions, even when those actions were based on other concerns.  See [SIGTARP 13-003 Lessons Learned”]

This put the Auto Team’s mission at odds with Congress’ mission to the PBGC

The PBGC’s MISSION:  In 1974, Congress defined the purpose of the PBGC under 29USC§1302(a)(1) to “encourage the continuation and maintenance of voluntary private pension plans for the benefit of their participants” But the PBGC abandoned this role. [see appendix].

In 2009, to speed GM through bankruptcy, Government directed the PBGC to terminate the Delphi Salaried Retirement Plan.

Congressional intent for the PBGC to protect retirees was abandoned.

read more with appendix ...

We Have Been Heard – "Regular Order" on Our Issue Has Been Satisfied – 7 Hearings Already – Now We Need Action to Right This Wrong

Between 2009 and 2013, Congress has held hearings seven times to look into the circumstances surrounding the termination of the Delphi salaried pension plan and how it was connected with the U.S. Government leading General Motors through its 40-day bankruptcy in 2009.
 
Hearing #1 — October 29, 2009
Senate Health, Education, Labor, Pensions Committee (Full Committee)
Pensions in Peril: Helping Workers Preserve Retirement Security Through a Recession
 
Hearing #2 — December 2, 2009
House Committee on Education and Labor
Subcommittee on Health, Employment, Labor and Pensions
Examining the Delphi Bankruptcy’s Impact on Workers and Retirees
 

read more, complete list of hearings

Nine Senators Ask for a Senate Finance Committee Hearing for The Susan Muffley Act of 2023

In a recent letter, nine U.S. senators from Indiana, Michigan, Ohio, Pennsylvania, and one from Wisconsin, joined together in a bipartisan request for a hearing by the Senate Finance Committee.
The request is to Senators Ron Wyden (D-OR) and Mike Crapo (R-ID), the Democratic chair, and ranking Republican member, of the Senate Finance Committee. The nine senators ask that the Committee hold a hearing on the Susan Muffley Act of 2023 (S.2277).
This is a positive step because some Senate leaders believe that "regular order" should be applied to The Susan Muffley Act. This term is defined as semi-strict or strict application of committee and subcommittee processes, including public hearing opportunities and the holding of multiple votes.