Carl Icahn Cause of Latest Pension Scandal; Class Action Suit Filed by Former TWA Pilots

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Carl Icahn Cause of Latest Pension Scandal; Class Action Suit Filed by
Former TWA Pilots


<http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/
07-30-2002/0001774212&EDATE=#>   <http://www.aplandefense.org/>


    WASHINGTON, July 30 /PRNewswire/ -- Conspiracy, violations of
federal law

and denial of constitutional rights are the core accusations made in a
class

action lawsuit regarding the pension benefits denied to former TWA
pilots by

financier Carl Icahn, the Pension Benefit Guaranty Corporation (PBGC)
and the

Airline Pilots Association (ALPA).

    The lawsuit was filed on May 15, 2002 in the U.S. District Court for
the

District of Columbia by Quarles & Brady Streich Lang, LLP, representing
the

more than 1,000 TWA pilots who are now receiving pensions as much as

$1,500 per month lower than what they had been promised.

    "Carl Icahn and the other defendants robbed us coming and going,"
said

Devon "Al" Francis, president of the plaintiff's group dubbed the "A
Plan

Defense Fund, Inc." and named after TWA's "A Plan" retirement program
for

pilots.  "Icahn acquired the company with the help of the TWA employees.
He

couldn't have done it without us.  He promised to help us transform the

company into the world's 'Premier Airline' and we agreed to drastically
reduce

our wages and benefits in consideration of receiving stock equity in the

company and job security items including enhanced retirement benefits."

    These were hollow promises, Francis explained.  The pilots lost
their

Employee Stock Ownership Plan (ESOP) when Icahn's stewardship failed and
he

filed for bankruptcy.  "He, on the other hand, reputedly walked away
with over

one billion dollars in profits," said Francis.  "Later, when faced with
having

to fully fund the retirement plans, he made a deal with the unions and
the

PBGC to gut the plans without even asking for our input or opinions."

    The multiple page complaint, available at
http://www.aplandefense.org <http://www.aplandefense.org/>  along with

other information on the case, details how Icahn played a shell game by

transferring TWA's pension programs to a newly created entity, Pichin

Corporation.  Then, in January 2001, Icahn instigated termination of the

pension plans which, at that time, were underfunded by approximately
$700

million, including an estimated $200 million shortfall in the pilot's
A-plan.

    "The termination violated multiple provisions of ERISA, the Employee

Retirement Security Act," said Richard Walker of Quarles & Brady Streich
Lang.

    Additionally, Walker explained, his clients' constitutional rights
were

violated because they were not provided with any sort of court or

administrative proceeding at which they could express their viewpoint
about

Icahn's decisions.

    Icahn's actions required the approval of both the PBGC and ALPA,
which is

why they are also defendants in the case.

    "We know that any logical person would ask, 'why would PBGC and ALPA
go

along with Mr. Icahn's scheme?'  We think that that's a very good
question,

and we expect the truth to come out in legal proceedings about the

behind-the-scenes dealings that sacrificed the pilots' pensions benefits
on

the altar of greed," said Francis.

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