U.S. Supreme Court Places DSRA Petition on Its Docket

DSRA's Petition asked the Supreme Court to review the Sixth Circuit Court of Appeals' 2020 ruling that upheld the PBGC's 2009 involuntary termination of the Delphi salaried retirees pension plan.
"The Sixth Circuit got it very wrong, on matters of exceptional importance to the nation’s pensioners, and in substantial disagreement with other circuits." – So argues our 36-page petition – click here for redacted copy – that the Supreme Court placed in its docket on October 4, 2021.
For more than 40 years, the PBGC has terminated pension plans governed by the Employee Retirement Income Security Act (“ERISA”) that the PBGC deems to be in distress, through agreements with the administrators of the plans.  There’s no judicial oversight or hearing of any sort for participants like Delphi salaried retirees who will lose benefits upon termination.  The termination of our salaried pension is one example.
On behalf of Delphi salaried retirees, DSRA’s petition asked the Court (1) whether ERISA indeed permits this, and (2) does termination of a pension plan through such an agreement violate the participants’ constitutional rights to due process?  In arguing in our petition that we indeed have been denied due process, we cite a 1980 Supreme Court decision (Nachman Corp. v. PBGC) that we believe the Sixth Circuit overlooked in finding for the PBGC in 2020.  On January 18, 2022, the Supreme Court denied the retirees' petition for a writ of certiorari.