Although the
information contained in this article is believed to be accurate,
no warranties are made or implied as to the extent of its
accuracy.
INTRODUCTION:
Are you single, widowed, or divorced
and remarried since you retired? Fortunately or unfortunately
depending on your viewpoint, you don’t have a survivor’s benefit
and probably little or no interest in what follows. The rest of
you, please pay attention because you do have a common and vested
interest in the Delta Pilots Disability and Survivorship Plan &
Trust.
HISTORY:
The Delta
Pilot Disability and Survivorship Plan (D&S Plan) was
established in 1972 to provide disability benefits to disabled
pilots and survivorship benefits to the survivors of deceased
Delta pilots. This happened at the same time that the Delta
pilots were switching from a two plan A&B retirement plan to the
recently terminated FAE Plan.
OVERVIEW OF WHO’S COVERED:
Today, there are approximately 6000
retired Delta pilots. Included within the 6000 are about 1200
Wallybirds, 700 retired former PAN AM, and a few hundred former
Northeast pilots. The rest are retired RD’s.
In addition to the 6000 now retired,
there are also between 500-600 surviving widows of Delta pilots
WHO HAVE ALREADY FLOWN WEST. The vast majority of the 6000
retired pilots have eligible spouses who, if they survive their
pilot spouses, will receive benefits from the D&S Trust.
Again, the exceptions are those
retirees who are single, divorced, or have remarried.
DOING THE MATH:
ONLY ABOUT 10% OF
THOSE SPOUSES ELIGIBLE FOR SURVIVORS BENEFITS ARE CURRENTLY
DRAWING BENEFITS. That means there is a huge future liability for
the D&S Trust. We estimate that the future liability of the
remaining 90 % far exceeds the only other category of benefits,
namely those disabled pilots who retired with their disabilities
who number about 990.
WAS THE BENEFIT MODIFIED DURING
BANKRUPTCY?
NO, it wasn’t. The D&S Plan remains
unique in that a benefit is payable to eligible survivors of
deceased Delta pilots regardless of the election made relating to
payment options under the pilotpension plan (Delta Pilot
Retirement Plan). Survivor’s benefits under the D&S Plan
are paid from the Delta Pilot Disability and Survivorship Trust
(D&S Trust) and are in addition to any joint life annuity benefits
that may be payable from the pilot pension plan.
HOW MUCH CAN A
SURVIVING SPOUSE RECEIVE?
Although there are various formulas
relating to the age of the pilot at the time of death and the
number of eligible family members, in general an eligible
surviving spouse is entitled to a benefit that equals 30% of the
pilot’s Final Average Earnings (FAE) if the pilot had at least 25
years of Delta service prior to retiring. For pilots who had less
than 25 years of Delta service, there is a ratable deduction.
Eligible survivors of disabled pilots receive the greater of (1)
the benefit stated in the above or (2) 50% of the LTD benefit
immediately prior to the pilot’s death.
There is a variable
portion on one-half of the benefit that increases over time.
Indexing of the variable benefit begins as of the pilot’s date of
retirement rather than the date of the pilot’s death.
UP TO DATE ESTIMATES:
It is recommended that you contact Delta
(1-800-MY-DELTA) to obtain a current estimate of your survivor’s
benefit under the D&S Plan.
HOW SECURE ARE D&S PLAN BENEFITS?
Many
retired pilots are asking, “Will the survivor’s benefit payable
from the D&S Plan be there when my wife needs it?” That’s a good
question and a difficult one to answer. At this point in time,
there does not appear to be an immediate threat to pilot retiree
benefits under D&S Plan as Delta has not proposed any changes in
benefits and the D&S Trust has significant assets. The long run
outcome will be determined by a number of factors.
If the following questions could be
answered, a better assessment could be made.
1.
What are the present year
assets/liabilities of the D&S Trust?
2.Will the additional $60 million annual
expenditure for pilot sick leave and vacation pay threaten the
future solvency of the D&S Trust?
3.Will Delta be around to pay the D&S
Plan benefits if the D&S Trust assets are depleted?
4.Do present ERISA laws protect the
benefits of retirees against modification?
5.Will there be future changes to ERISA
laws?
6.Will ALPA negotiate away Delta
existing retiree’s benefits under the D&S Plan?
7.What will be the investment
performance of the assets in the D&S Trust?
8.Will Delta have to seek bankruptcy
protection in the future?
9.Will the future managers of Delta
remain committed to the stated intention of maintaining the Plan
in force indefinitely?
10. Will
unfunded liability be added to the Trust by a merger?
Reliance on conjecture is required to
answer most of these questions. Only the first question can be
answered definitely, and, then, only after a lengthy delay. Delta
files an annual return (IRS form 5500) for the D&S Plan. The
latest information available is for the plan year that ended June
30, 2006. Details of that report are addressed in another
article. The return for the plan year that ended on June 30, 2007,
will not be available until mid-2008.
Under the terms of the current working
agreement, ALPA is provided far more current data, but both Delta
and ALPA have thus far prevented the dissemination of the same up
to date information to the plan participants. Since September
2007, DDPSA has been actively pursuing more complete information
for current and future beneficiaries of the Trust. However, Delta
has thus far not shared the same information with us that they
provide ALPA. If it becomes necessary, our counsel may have to
pursue this matter under the provisions of ERISA, Sec.104 that
requires giving Plan participants information about how a plan is
operated.