NYTimes.com Article: United Warns It May Jettison Pension Plans to Stay Afloat

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United Warns It May Jettison Pension Plans to Stay Afloat

August 20, 2004
 By MICHELINE MAYNARD and MARY WILLIAMS WALSH





United Airlines said yesterday that it would most likely
terminate its four employee pension plans and replace them
with less generous benefits, a drastic move that United
said was needed to attract the financing that would allow
it to emerge from bankruptcy protection.

In a 26-page filing with the Federal Bankruptcy Court in
Chicago, United stopped short of issuing a formal
notification that it was ending the plans and said it had
not made a final decision to do so.

But the warning from the airline was the clearest
indication yet of its intent to shed its pension
obligations.

If United follows through, as its unions and industry
analysts expect, it would be an industry milestone and a
remarkable step for a company that was owned by its
employees 20 months ago.

No other airline has terminated all its pension plans,
except in cases of liquidation, where the airline itself
was going out of existence. Last year, US Airways
terminated its pilots' plan but kept two other employee
pension plans in place. It then emerged from bankruptcy and
resumed normal operations. It was required to terminate the
pilots' plan as a condition of the federally backed loans
that paved its way out of bankruptcy.

"As a labor issue, this is tremendously significant," said
Gary L. Chaison, professor of industrial relations at Clark
University in Worcester, Mass. Traditional pensions are a
valuable benefit because they shield employees from market
risk and come with a government guarantee.

For employees accustomed to earning such benefits as a part
of their compensation, terminating a pension plan is
tantamount to cutting pay. Employees continue to do the
same work, but they no longer earn the income promised for
their retirements. When they retire, the federal government
pays their benefits, and some may receive less than they
would have had the original plan been kept intact.

Pension specialists say that United's tremendous size means
that its actions are likely to set a pattern that other
airlines will eventually have to follow, cutting or
shedding their pension plans to stay competitive.

That would put enormous pressure on the Pension Benefit
Guaranty Corporation, the federal agency that would assume
responsibility for the terminated plans. While it was
created to insure pension benefits, it would be placed in a
role for which it was not designed - restructuring an
entire industry.

United's move came on the eve of a court hearing scheduled
for this morning, at which Judge Eugene C. Wedoff is
expected to hear motions from the federal pension agency,
United's machinists and its flight attendants, all
challenging the airline's efforts to get out from under its
pension liabilities.

Joseph Tiberi, a spokesman for the International
Association of Machinists and Aerospace Workers, said the
union had been expecting United to take some action to
reduce its pension debt since late July, when the airline
said it would make no further contributions to its four
plans while it remained in bankruptcy.

United sought court protection in December 2002 and based
its plans for restructuring on the expectation of getting a
package of federally backed loans. But on June 28, the Air
Transportation Stabilization Board rejected United's
application for the loan guarantees for the third time,
forcing United, the nation's second-largest airline behind
American Airlines, to seek private financing.

The airline, which estimates it must contribute $4.1
billion to the four pension plans in the next four years
alone, skipped a $72.4 million payment owed to three of its
plans last month, setting off a wave of anxiety among its
workers. In total, the federal pension agency estimates
that United's four plans are about $8.1 billion short of
the value of the pensions the workers have earned so far.

In its bankruptcy court filing yesterday, United said the
rejection of its loan guarantee application, along with
record prices for jet fuel, forced it to move against its
retirement plans.

United, which until recently was not protected by
fuel-hedging contracts, estimates it will spend $1 billion
more on jet fuel this year than it anticipated at the end
of 2003.

The airline said it "must have the cash flow and liquidity
that the capital markets are willing to finance," and
added, "We have taken every effort to restructure our
business without affecting accrued pension benefits, and
will continue to explore every other option."

But "given the magnitude of further cost reductions needed
to create a viable business plan and attract exit
financing, termination and replacement of all our
defined-benefit pension plans likely will be required,"
United said.

By law, United cannot shed its pension debt unless it can
persuade the bankruptcy judge that it will not survive
otherwise.

Since its bankruptcy filing, United's unions have granted
$2.5 billion a year in wage and benefit concessions, half
of the $5 billion a year in savings that the airline has
identified.

However, its operating costs, not including fuel, remain
higher than those of its competitors, particularly American
Airlines, which won wage and benefit cuts from its unions
last year by threatening to file for bankruptcy protection.


In addition to pension matters, Judge Wedoff is expected at
the hearing today to hear motions from the pilots, flight
attendants and machinists, challenging United's request for
four more months to draft a restructuring plan.

The flight attendants and machinists have also challenged a
new agreement that United reached with its lenders after
its last federal loan guarantee bid was rejected. That
agreement replenished the money the airline needs to
operate normally while in bankruptcy.

United, which originally obtained $1 billion to operate in
bankruptcy, used about half of that through July. In
disclosing that it had arranged $500 million in new
financing, United gave the impression that the terms of the
agreements prevented it from contributing to its pension
plans. It also said the burden of debt from the pension
promises it had made in the past would make it difficult to
attract the new investors it needs to restructure.

In their motion before the bankruptcy court, the machinists
and flight attendants contend that this situation illegally
favors United's commercial lenders over its employees,
whose representatives sit on the airline's creditors'
committee. The pension agency joined the employee groups in
challenging the financing arrangements, arguing in a
separate motion that pension law requires United to make
regular contributions to its pension plans and that any
agreement impeding the contributions is illegal.

The machinists have filed a separate motion seeking the
appointment of a trustee to oversee the airline, contending
that senior airline executives have breached their
fiduciary duty by refusing to make the pension
contributions. That motion, which United has dismissed as
baseless, will be heard in September.

Yesterday, United softened its earlier statements that the
new lending agreement prohibited it from making its pension
contributions. In its court filing, the airline said
instead that it was suspending the contributions as a
prudent business measure.

Even with the replenished financing, United said its cash
position remained shaky. But, as a result of the way it has
dealt with the pension plans, so are its dealings with
employees, Professor Chaison said.

"Relations between United and the employees are almost
beyond the repair of the most skilled mediator," Professor
Chaison said.

If United is successful in terminating and replacing its
plans, he said he expected other airlines to follow suit.
Delta Air Lines has already told its pilots' union that it
wants to reduce its pension obligations in a less radical
way than United is contemplating. Delta has proposed
stopping accruals to the pilots' existing pension plan and
allowing the pilots to continue earning a retirement
benefit, albeit a less generous one. Delta is not proposing
to terminate its pension obligations and send the plan to
the pension agency.

Delta has already reduced the pension benefits its other
workers are earning by converting their pension plan to a
different format, called a cash-balance plan.

Cash-balance plans are fairly common but have become
controversial, especially since employees at I.B.M. won a
federal court ruling last year that such plans are
age-discriminatory. Since then, few companies have adopted
cash-balance plans for fear the I.B.M. ruling will be
upheld on appeal.

http://www.nytimes.com/2004/08/20/business/20air.html?ex=1094028995&ei=1&en=a480eda757774477


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