Former VP Biden made recent commitments to Delphi Salaried Retirees

     This post is updated as this situation and media reactions develop.
In two recent instances Biden made commitments on Delphi salaried pensions – he told a TV reporter on September 30 (video) "I am going to do everything I can to figure out how they [Delphi salaried retirees] can be brought [into legislation].  Look, people worked like hell for their pensions.  My dad lost a pension when a company he worked for went out.  It’s not right ... they deserve their pension."  Then, in response to President Trump's October 22 memorandum, the Biden Campaign issued a statement that included: "As President, Biden will take action to help Delphi retirees."

President Trump Commits to Address Delphi Salaried Retirees Pensions

     This post is updated as this situation and media reactions develop.
On October 22, 2020 the White House announced Presidential action to address help for Delphi Salaried Pensions — President Trump issued a Presidential Memorandum directing his Administration to review the Obama administration’s decision to terminate the pension plans of Delphi Corporation’s non-union and salaried workers.  The President's Memorandum directs the Secretary of the Treasury, the Secretary of Commerce, and the Secretary of Labor, to review the Delphi salaried retirees' pension matter within 90 days.  This work has begun.
Business Journal Sen. Portman: One Step Closer to Restoring Pension Benefits for Delphi Retirees
NAPA White House Directs Agencies to Review PBGC-Trusteed Pension Plans

Summary of DSRA’s Litigation Against the PBGC

     Updated Wednesday, 25 November 2020
      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 which – on September 1, 2020 – upheld the District Court’s ruling.  DSRA continues to believe the PBGC’s actions were unlawful, and we filed with the Court of Appeals on October 15 a petition for rehearing – by either the three-judge panel or the full Court – on several legal issues.  On November 11, the PBGC filed its Response to the DSRA Petition for Rehearing as requested by the court.  We await the deliberation and ruling of the court.

Pres. Trump is Aware of our Fight for our Pensions

     This post is updated as this situation and media reactions develop.
In an exciting development, Congressman Mike Turner (OH) issued a Press Release today September 24, 2020, announcing dialog directly with President Trump to ask for his intervention in the Delphi Salaried Retirees fight for their pensions.  The DSRA responded with a Media Release expressing the retirees' appreciation for the President's consideration.