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DSRA options: Accept court’s ruling or appeal to the 6th Circuit Court of Appeals
Group can continue fight with appeal to 6th U.S. Circuit Court of Appeals
WARREN
Leaders of the Delphi Salaried Retirees Association say they are disappointed by a ruling from the U.S. District Court in Eastern Michigan saying the salaried retires offered no evidence to support their claim the Pension Benefit Guaranty Corporation terminated their pension plan in violation of law.
“It’s not over yet,” said Chuck Cunningham, spokesman for Delphi salaried retirees.
Cunninghan, who said the group learned of the court’s decision late last Friday, has been consulting with its attorneys to determine a course of action.
He explained that both Delphi Salaried employees and the PBGC had filed for a summary judgement from the federal court and Delphi Salaried employees lost.
The retirees lost their health and life-insurance policies and had their pensions cut between 30 percent and 70 percent as part of Delphi’s 2009 bankruptcy. There are about 20,000 salaried retirees, including about 1,500 in the Mahoning Valley.
Cunningham said his group has two options: Accept the district court’s decision or appeal to the 6th U.S. Circuit Court of Appeals in Cincinnati that ruled in favor of the Delphi Salaried Retirees Association the last time around.
Cunningham would not say in which direction the Delphi Salaried Retirees’ leadership is leaning until the membership is notified, which he said Wednesday would be in the near future.
Cunningham did say, however, “We believe we have a strong case in law and the facts. We believe nothing has changed. Absolutely, I have heard from a lot of the membership. Everybody is disappointed. It’s tough to lose when you’re right. The case has been going on for 91/2 years, and it just may not be over yet,” he said.
U.S. Rep. Tim Ryan, of Howland, D-13th, slammed the district court’s ruling.
“I’m extremely disappointed by the court’s decision. The Delphi retirees put in a lifetime of work, investing in their retirement, and yet the rug was pulled out from under them,” Ryan said in a news release.
“This federal ruling denies them their hard-earned pension – that’s not right. Retirement should be a protected asset in this country. And regardless of our political affiliation and employment status, we all should be fighting for income and retirement security.”