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COVER STORY:
United Airlines Pension Termination
June 17, 2005    Episode no. 842
Read This Week's November 7, 2008
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BOB ABERNETHY, anchor: Now, the story of the United Airlines pensions many of its retired employees will not get. It's clearly an outrage, but is anyone to blame? It turns out that a company can use a loophole in federal law to underfund its employee pension plans, and United Airlines did that. Apparently nobody noticed until, for many reasons, United filed for bankruptcy, arguing that it had to renege on its defined benefits obligation in order to stay in business. The bankruptcy judge said okay. So the government will now pay retired United employees' pensions. But many of them will not get as much as they had counted on.

Judy Valente reports from Chicago.

JUDY VALENTE: John Podlesny and his wife Rose enjoy reminiscing about his 40 years at United Airlines, where he helped keep track of aircraft parts.

ROSE PODLESNY (To John Podlesny) (Looking at Photo): Look at the hair you had.

Photo of airplane VALENTE: John loved the airline so much, co-workers dubbed him "Mr. United." When the company told employees recently it can no longer afford to pay their pensions, "Mr. United" tried to remain positive.

JOHN PODLESNY (Retired United Employee): While I worked there, they didn't cheat me on my 40 hours of pay. After I left, I had no control. So that's when you become most vulnerable.

VALENTE: The couple also learned that United will no longer pay its retirees' death benefits.

Photo of ROSE PODLESNY Ms. PODLESNY: He laughs -- he can't die; they took away his life insurance. These are the things that ... you count on and you rely on that you're going to have, and it was taken from us. Is it fair? No. Is it right? No. I mean, these were things that were promised to us.

VALENTE: United, which is trying to emerge from chapter 11 bankruptcy, received permission in May from a bankruptcy judge to opt out of its defined benefit pension plans. Such plans provide a specified income. A federal pension agency is supposed to protect these pension rights, but it does not guarantee full payment. Like many companies, United took advantage of loopholes in the law to underfund its pension funds, especially during the economic downturn following 9/11. United officials declined to be interviewed, but the airline's chief executive, Glenn Tilton, has said it was either eliminate defined pensions or go under.

Photo of United employees Dr. AARON GELLMAN (Northwestern University Transportation Center): It's a question of the greater good. I mean, the employees were saved from losing jobs, I believe, by this step. I believe that United probably would not have been able to recover, that is, come out of chapter 11. It's the lesser of the evils, let's put it that way.

VALENTE: But for others, United's move raises ethical questions. Is it fair for a corporation, even one in financial trouble, to renege on a long-standing, contractual promise made to employees?

Photo of SCOTT PAETH Dr. SCOTT PAETH (Professor of Religious Studies, DePaul University): The key ethical issue that the pension action raises, from my perspective, has to do with the question of whether or not there are any obligations that exist between employers and employees anymore, or whether utilitarian considerations of what a corporation considers to be in its best interest are the only things that matter.

VALENTE: United employees have already agreed to give up about $3 billion in wage concessions a year for the next five years. That's why many employees thought their pensions were safe.

Photo of CATHY SAMPSON CATHY SAMPSON (International Association of Machinists): We feel cheated by this. We feel these were promises that were made to us. They were deferred wages. We earned it, we deserve it. We always thought it was going to be there, and now when we need it the most, we find out none of this is true, that we're not going to get this.

VALENTE: Sampson expects to see a 30 percent reduction in her pension, from an estimated $2,500 a month to about $1,700. Some employees stand to lose a greater percentage.

SARA NELSON DELA CRUZ (Association of Flight Attendants): We will go from a livable wage to not being able to live in our retirement. We will have to work forever.

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VALENTE: United is not alone in its troubles. In the last 15 years alone, some 2,000 companies have transferred their pension obligations to the federal Pension Benefit Guaranty Corporation. But the pension corporation is also in financial straits. Right now, it doesn't have enough money to fund all of the pensions it needs to meet. Which raises another question: Who will pay?

Photo of passengers in airport Dr. PAETH: What could happen is a taxpayer buyout, which would result in the entire country having to bear the brunt of United's decision and the decisions of other corporations that might follow suit.

VALENTE: Right now the pension corporation has $40 billion in assets, but more than $64 billion in liabilities, not including the additional billions it would have to pay out to United's pensioners. A federal rescue of the pension system promises to rival the massive bailout of the savings and loan industry of the late 1980s.

Ms. NELSON DELA CRUZ: Americans should be in the streets protesting this everywhere.

VALENTE: United's pilots were able to negotiate a separate compensation plan to make up for some of the money they stand to lose in pensions. But that plan doesn't cover retired pilots like Ken Bradley, who find themselves in a catch-22 situation.

Photo of KEN BRADLEY KEN BRADLEY (Retired United Pilot): I was required by federal law to retire at age 60. Another federal law made me ineligible for Social Security for some period of time, for a minimum of two years after that. And should the pensions be terminated, there is a further concern, agewise, because the Pension Benefit Guaranty Corporation, which would take over these plans, imposes very strict penalties if you are less than 65 years old when you retire. We may, in fact probably will, have to sell our home and try to start over. And you can't start over as a pilot after the federal government shuts you down at age 60.

VALENTE: Various proposals are moving through Congress to address some of the problems that led to United's pension default -- like this bill to place a six-month moratorium on pension terminations. But it may be too late to help United's employees or prevent a stream of other companies from following United's lead.

Photo of AARON GELLMAN Dr. GELLMAN: In other industries that are tempted to do this, we ought to hold their feet to the fire and make sure that it's a reason and not an excuse.

Dr. PAETH: I certainly do believe that this could have a long-term damaging effect on both the economy and the society, to the degree that a corporation doesn't view employees as human beings but simply commodities, like any other commodity, to be disposed of.

Ms. SAMPSON: Broken promises, you know, lead to mistrust and lead to just a general feeling that, what can you believe? Who can you believe?

Mr. BRADLEY: America needs to stand up and realize if this is successfully done at United and then through the rest of the airline industry and then boomerangs through the auto industry and the others, it's going to be devastating and a real blow to the middle class.

VALENTE: All nonunion employees, including United management and top executives, will also see their defined pension benefits vanish -- with one exception: United CEO Glenn Tilton. His retirement benefits are protected in a $4.5 million trust.

United's rank-and-file workers, meanwhile, are hoping the public will bring pressure to bear on the airline to restore their pensions.

Photo of SARA NELSON DELA CRUZ Ms. NELSON DELA CRUZ: Even throughout all of these sacrifices, employees have remained faithful to our customers and to our jobs, to our careers, to our airline. And we would encourage people to continue to fly United Airlines and support us.

VALENTE: Most of all, they hope the once-proud airline, which decades ago dubbed itself "the friendly skies," will fly out of this crisis.

Ms. PODLESNY: I think everybody's praying for United -- especially us, because there's a lot of good people who are hurting.

VALENTE: As are people at other companies which are struggling to remain financially viable while still meeting their obligations to employees.

For RELIGION & ETHICS NEWSWEEKLY, I'm Judy Valente in Chicago.

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