Northwest Airlines: Good health insurance, there Was a pension but that was terminated in the last year before the merger with Delta Airlines, Great travel benefit. The district court's judgment found that Opeta was not totally and permanently disabled within the meaning of the Plan and thus, not eligible for disability retirement benefits. WebNorthwest Airlines Pension Plan for Contract Employees address: C/O Delta Air Lines, Inc., 1030 Delta Boulevard, Atlanta, US-GA, 30354, US Entity Overview Registration OPETA v. NORTHWEST AIRLINES PENSION PLAN FOR CONTRACT EMPLOYEES. Northwest also argues that after Dr. Gold submitted his evaluation, the Plan exercised its discretion to review these reports and interpreted them to conclude that Opeta did not satisfy the definition as set forth in the Plan language. We reject this argument. Northwest Airlines Pension In contract employees in its. It relies heavily on the contributions of individuals, although employers may contribute funds as well. 68 FR 49792 - Northwest Airlines Pension Plan for Salaried Employees (Salaried Plan), the Northwest Airlines Pension Plan for Pilot Employees (Pilot Plan), and the Northwest Airlines Pension Plan for Contract Employees (Contract Plan) (Collectively, the Plans), We reserve the right to block IP addresses that submit excessive requests. Multiemployer Pension Fund in the United States. Id. 991 0 obj <> endobj Law360 takes your privacy seriously. In 2002, on Dr. Mealer's recommendation, Opeta was placed on leave due to total disability. Station manager salaries ($46k) glassdoor is your resource for. For security purposes, and to ensure that the public service remains available to users, this government computer system employs programs to monitor network traffic to identify unauthorized attempts to upload or change information or to otherwise cause damage, including attempts to deny service to users. Delta has entered into an accelerated agreement to repurchase $350 million in stock so that the pension contribution doesnt increase the total number of outstanding shares. During opening statements, over Opeta's objection, the district court allowed Northwest to read a textual description of a previously undisclosed surveillance videotape of Opeta filmed in September 2002-two months before Dr. Gold examined Opeta. Sign up and get the best of News delivered straight to your email inbox, free of charge. However, Northwest asserts that Dr. Gold found Opeta to be totally, but not permanently disabled. Hearing on Proposed Individual Exemption Involving the Northwest Airlines Pension Plan for Salaried Employees, the Northwest Airlines Pension Plan for Pilot Employees, and the Northwest Airlines Pension Plan for Contract Employees (collectively, the Plans) A Notice by the Employee Benefits Security Administration on 03/11/2003 The possibility of extreme sedentary type of work could be a possibility after further time and appropriate treatment. Finding a Lost Pension The purpose of our Journey to Retirement (JTR) magazine is to provide a description of important steps for plan participants to consider for staying healthy on their way to enjoying a well-deserved retirement, along with a brief by decade look at the history of the Funds. Employees may become eligible for employer pension contributions within a year of employment, but those funds must be vested before employees can access them in the future. It also showed Opeta using a broom and dust pan with an extended handle to sweep, as well as a hose to water the lawn. Because we conclude that none of the extrinsic evidence was necessary to conduct an adequate de novo review, we hold that the district court abused its discretion in admitting the evidence.2. The New Benefits Administration System is Here; V3 Employer Self Service (ESS) and Participant Self Service (PSS) are live! Opeta underwent surgery and received extensive treatment for his injury, including physical therapy, and numerous epidurals for pain relief. Ms. DuVaney is a participant in the Contract Plan, a defined benefit plan for union members established by Northwest Airlines Corp. in 1970, covering all Northwest employees before Oct. 1, 2006. The email address cannot be subscribed. The third-party sites are not under the control of BudgetSmart and BudgetSmart is not responsible for the content of any third-party site. WebQDRO Preparation for NORTHWEST AIRLINES PENSION PLAN FOR CONTRACT EMPLOYEES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z NA NB NC ND NE In Mongeluzo v. Baxter Travenol Long Term Disability Benefit Plan, we resolved the question of the scope of review that a district court may employ upon de novo review of a plan administrator's decision. Legislative Alerts. The IAM National Pension Fund provides participants with a defined-benefit pension plan for their retirement. Northwest Airlines Pension Plan for Contract Employees In Quesinberry, the Fourth Circuit provided a non-exhaustive list of exceptional circumstances where introduction of evidence beyond the administrative record could be considered necessary: claims that require consideration of complex medical questions or issues regarding the credibility of medical experts; the availability of very limited administrative review procedures with little or no evidentiary record; the necessity of evidence regarding interpretation of the terms of the plan rather than specific historical facts; instances where the payor and the administrator are the same entity and the court is concerned about impartiality; claims which would have been insurance contract claims prior to ERISA; and circumstances in which there is additional evidence that the claimant could not have presented in the administrative process. Therefore, we reverse the district court's judgment and remand for a grant of benefits under the Plan. Schnabel , State Employees Credit Union Randleman . Opeta, however, suggests that the Plan's language providing for an independent medical opinion, with respect to the determination of total and permanent disability, is in essence an agreement to arbitrate. We review for clear error underlying findings of fact. Delta Air Lines Inc. defeated a proposed class action by Northwest Airlines retirees claiming their pensions were wrongly cut to account for workers compensation If the employee disagrees with Northwest's decision, a doctor acceptable to both the employee and Northwest will make a final and binding determination following an Independent Medical Examination (IME). On November 4, 2002, Dr. Gold examined Opeta and determined that Opeta was temporarily totally disabled and unable to work in any capacity. Dr. Gold reported that while there was a possibility that [Opeta] could be a candidate for extreme sedentary work, it was very unlikely.. Co. of Am., 269 F.3d 974, 985 (9th Cir.2001); Friedrich, 181 F.3d at 1110-11. Already a subscriber? Net investment loss from the northwest airline pension plan for contract employees portion of the master trust was $31,409,821. We emphasized that a district court should not take additional evidence merely because someone at a later time comes up with new evidence and that [i]n most cases only the evidence that was before the plan administrator at the time of determination should be considered. Company profile page for northwest airlines pension plan for contract employees including stock price, company news, press releases, executives, board members, and contact information Northwest also established major hubs at Learn about Northwest Airlines , including insurance benefits, retirement benefits, and vacation policy. "Delta is causing plaintiff and class members to receive less than they should as a pension each month, which will continue to affect them throughout their retirements," said the complaint in the case of Marsha DuVaney vs. Delta Air Lines Inc. et al. Tax Numbers: What Are the Different Types? Therefore, because the Plan did not unambiguously confer discretion on Northwest to interpret the terms of the Plan and determine eligibility benefits, the district court correctly determined that it should apply a de novo standard of review. The best was getting free or reduced airline passes. Frequent shift rebids are a constant in the industry. You can also sign up for email updates on the SEC open data program, including best practices that make it more efficient to download data, and SEC.gov enhancements that may impact scripted downloading processes. A representative for Delta did not immediately reply to a request for comment on Friday. Best health benefits around, and of course travel benefits! They all retired from nwa after april 30, 1992, after having completed 10. If yes, please describe the type of treatment and the frequency and duration of care you believe is indicated. 1002 0 obj <>/Filter/FlateDecode/ID[<6F2413FFF3E24CE0BB007FBB2A7E94FD>]/Index[991 34]/Info 990 0 R/Length 70/Prev 173380/Root 992 0 R/Size 1025/Type/XRef/W[1 2 1]>>stream On October 30, 1996, Ioane John Opeta, a Northwest employee, severely injured his back when he grabbed a falling 300-pound crate while loading cargo onto an aircraft. "The plans improperly reduce annuity benefits for participants" who receive several types of benefit payouts at a rate that is "below the benefits that they would receive if those benefits satisfied ERISA's actuarial equivalence requirements," the complaint said. How Much Does Parker Schnabel Pay His Employees, How Much Does Parker Schnabel Pay His Employees . If the fund comes up short, the employer is obligated to pay the full amount of the pension. That agreement is part of Deltas existing $5 billion share repurchase Please declare your traffic by updating your user agent to include company specific information. Medical tests revealed that he had mild degenerative disc disease in his spine. Vacation was skimpy to start, at 2 weeks paid, and after over 10 years climbed to 5 weeks. Under Mongeluzo, we must determine whether each piece of extrinsic evidence was necessary for the district court to conduct an adequate de novo review. Answer: Yes, Mr. Ioane John Opeta was totally disabled from all employment with Northwest Airlines on 05-03-02. Northwest airlines pension plan for contract employees, court case no. Plan for Pilots Employed by MarkAir, Inc., 293 F.3d 1139, 1142 (9th Cir.2002) (concluding that a plan conferred discretion because its terms granted the administrator the power and duty to interpret the plan and to decide on questions concerning the plan and the eligibility of any Employee (internal quotation marks and citations omitted)); McDaniel v. Chevron Corp., 203 F.3d 1099, 1107 (9th Cir.2000) (holding that a plan conferred sufficient discretion because the Plan Administrator has the sole discretion to interpret the terms of the Plan) (internal quotation marks omitted); Friedrich, 181 F.3d at 1110 n. 5 (finding that administrator had discretionary authority because plan stated that insurer shall have the sole discretion to interpret the terms of the Plan and to determine eligibility for benefits) (internal quotation marks omitted). Question 5: Is there any treatment currently available that would allow John Opeta to return to some kind of employment? In ERISA cases, we review de novo the district court's choice and application of the appropriate standard of review. I have been doing them for years under ERISA. Abatie, 458 F.3d at 963. Stay up-to-date with how the law affects your life. Delta ABCs OF RETIREMENT. the contract plan in effect at the time of plaintiff's initial. Businesses who use them agree to pay their employees set benefit amounts throughout their retirement years. Theoretically, in this case I have no objection to bringing in Dr. Gold. Instead, we construe the Plan, consistent with its plain language, as requiring Opeta to be totally and permanently disabled as determined by an independent doctor at the time of his medical evaluation. We hold that admitting the videotape and additional testimony was an abuse of discretion and that, based on the plain terms of the Plan and binding nature of Dr. Gold's pretrial opinion, the district court erred as a matter of law by awarding a judgment in Northwest's favor. For more information, contact opendata@sec.gov. Retirement Please see our Privacy Policy. Finally, the Pension Benefit Guaranty Corporation insures private defined benefit pension plans, to make sure that workers are not deprived of their accumulated benefits when a plan terminates (see page 12 for more information on PBGC). has provided valuable retirement benefits for members of the International Association of Machinists and Aerospace Workers and their families since 1960. The carrier continues to pay into a frozen defined-benefit plan for pilots at Northwest Airlines, which it acquired.