Judge says US Air can terminate pilot pension plan

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Judge says US Air can terminate pilot pension plan  =

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Sunday March 2, 1:33 AM EST =


(Adds company statement, updates)

By John Crawley

ALEXANDRIA, Va., March 2 (Reuters) - A federal judge ruled on Saturday ni=
ght that US Airways Group Inc. (UAWGQ) could terminate its pilots' pensio=
n plan, saying it was a disheartening option to help save the bankrupt ca=
rrier.

Judge Stephen Mitchell of the U.S. Bankruptcy Court for the Eastern Distr=
ict of Virginia cleared the way for the company to seek federal governmen=
t approval of its proposal to replace the pension plan with a cheaper one=
=2E

The pension plan covers 3,600 active and 1,100 retired pilots, some of wh=
om could lose up to 75 percent of their benefits under the proposal.

US Airways says it can no longer afford the pilots' retirement plan and w=
ants to replace it with one that would offer $850 million over seven year=
s. The carrier says resolving the $1.6 billion pension liability is the l=
ast major hurdle it faces in Chapter 11 reorganization.

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The company has said resolving the pension question is also necessary to =
receive $200 million in emergency financing from its biggest investor, Re=
tirement Systems of Alabama, and a $1 billion government-backed loan.

The union had said the company did not use accurate financial calculation=
s or consider every alternative to ending the plan. Mitchell disagreed, s=
aying the company took reasonable action in the face of severe financial =
distress.

"It is disheartening that I am called upon to make a ruling on this motio=
n. Some pilots may get something close to what they would have gotten. Ot=
hers will suffer a great deal," Mitchell said.

IMMEDIATE TALKS SOUGHT

"This is not a happy case. When it comes to distributions and outcome, pe=
nsioners will get more than any other creditors," said John Butler, the l=
ead bankruptcy attorney for the airline.

The company hopes to emerge from bankruptcy protection by the end of the =
month.

Mitchell said the airline must still resolve questions about whether the =
pension change would violate the pilots' contract. The pilots contend tha=
t any change must be part of collective bargaining.

US Airways called for immediate negotiations with the Air Line Pilots Ass=
ociation to address the contract dispute, which is the subject of a griev=
ance hearing before the National Mediation Board on March 13.

"We regret the impact that the plan termination will have on our pilots b=
ut the ultimate goal must be to save this airline and the jobs of almost =
35,000 dedicated employees," said David Siegel, US Airways president and =
chief executive officer. "We believe we can find a mutually achieved solu=
tion to implement a new pension plan."

Roy Freundlich, the pilots' union spokesman, said the labor group would e=
xplore all its legal options and alternatives under its contract with the=
 airline.

"This is not over," he said.

Any new plan would only cover active pilots, while retirees would have to=
 accept whatever level of benefits are approved by the Pension Benefit Gu=
arantee Corp., the agency that oversees corporate pensions. =



=A92003 Reuters Limited. =


Roger
EWROPS

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