DSRA Responds to Opinion that "fairness is not the governing principle"
- Published: Monday, 31 March 2014 21:37
In a recent article published by The Columbus Dispatch, Ohio, comments were made Norm Stein, a law professor at Drexel University, who allowed the opinion that, based upon past history and statistics, the conclusion would be that retirees seeking restoration of their reduced pensions would not see a positive resolution.
DSRA's position, however, is that the Delphi salaried retirees' case has significant differences which are unique. In most cases, pensioner claimants don't get past the first court hearing without the case being dismissed. In this case, the plaintiffs on behalf of the retirees continue to win at each critical juncture despite the "slow walking" being done by the Federal Government Agencies.
The pessimism quoted in the Columbus Dispatch article stems from a lack of detailed knowledge of our case, including the assets, actuarial data, and the degree of illegal control the U.S. Treasury exerted over the PBGC. These elements of the Delphi salaried retirees' case are like no other legal challenge the PBGC has faced and therefore defy the typical stereotypical opinions expressed.