Delphi salaried retirees win battle in war for pension restorati - WFMJ.com News weather sports for Youngstown-Warren Ohio

Delphi salaried retirees win battle in war for pension restoration

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DETROIT -

The Pension Benefit Guaranty Corporation has lost a battle in a war to prevent the release of thousands of documents which 20,000 Delphi and GM salaried retirees hope will lead to the restoration of their pensions.

In a strongly worded order, U.S. District Judge Arthur J. Tarnow has denied motions filed by the PBGC designed to prevent the retirees from obtaining census information and other documents.

The PBGC argued that that delaying the order to produce the documents would not substantially harm the retirees, but would do irreparable harm to the PBGC.

The Delphi Salaried Retirees Association wants to force the United States Treasury and the PBGC to produce documents and emails that workers believe will show who made decisions during the General Motors bankruptcy that cost them their full pensions.

In his decision, Judge Tarnow notes, “PBGC has been under court order since March 9, 2012 to respond to Plaintiff’s discovery requests and has only asserted boilerplate objections. Filing boilerplate objections to discovery requests is tantamount to filing no objections at all. The Court strongly condemns the practice of asserting boilerplate objections to every discovery request.”

The judge also ruled that a Magistrate Judge was correct to conclude that the PBGC has waived the right to claim privilege based on well-settled law.

Delphi salaried retirees say that documents suggest that when the government bailed out General Motors, retirement and other benefits for union retirees were protected because of fears that a strike by unions could delay GM's exit from bankruptcy.

When Delphi’s pension plan was terminated, 20,000 Delphi salaried retirees lost up to 70 percent in benefits, including 5,000 Ohioans. including 1,500 in the Mahoning Valley, according to Senator Rob Portman's office.

 

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