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Report to Congressional Requesters:
United States Government Accountability Office:
GAO:
September 2007:
Employer-Sponsored Benefits:
Many Factors Affect the Treatment of Pension and Health Benefits in
Chapter 11 Bankruptcy:
GAO-07-1101:
GAO Highlights:
Highlights of GAO-07-1101, a report to congressional requesters.
Why GAO Did This Study:
In recent years, considerable debate has centered on companies using
the chapter 11 bankruptcy reorganization process to reduce or eliminate
employer-sponsored benefits in an effort to become more competitive.
Congress recently enacted several laws, in part, to help address this
issue. Most notably, Congress passed the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005 (BAPCPA) and the Pension Protection
Act of 2006 (PPA). BAPCPA contained provisions related to chapter 11
business bankruptcies and sought to address the treatment of benefits
during the bankruptcy process. In addition, the PPA amended several
Employee Retirement Income Security Act of 1974 (ERISA) provisions
related to defined benefit (DB) plans in bankruptcy.
This report addresses (1) how, if at all, recent legislative changes
affected the treatment of pension and health benefits during chapter 11
bankruptcies, and (2) what is known about the extent to which
businesses have modified employee or retiree pension and health
benefits. GAO reviewed filings of 115 public companies that filed for
bankruptcy between October 17, 2004 and October 17, 2006, and conducted
interviews with various experts on the treatment of benefits in the
bankruptcy process. Relevant federal agencies agreed with the findings
contained in this report.
What GAO Found:
The effects of recent legislation, including BAPCPA and PPA, on
employers’ decisions to modify benefits are difficult to distinguish
from the effects of other factors that lead to changes in benefits both
within and outside of the bankruptcy process. Most bankruptcy
professionals agreed that while BAPCPA included some changes that will
affect the treatment of employer-sponsored benefits—such as the look-
back period for the reinstatement of retiree health benefits—it will
not substantially affect employers’ decisions to modify benefits. Some
bankruptcy professionals suggested that PPA may affect employers’
decisions to maintain their defined benefit (DB) plans. Bankrupt
employers consider many other factors when trying to reorganize
successfully, including competing claims, their stakeholders and
creditors, and outside forces such as the financial market and industry
competition.
More information is known about the extent to which selected employers
made benefit changes resulting in court decisions—i.e., changes to DB
plans, retiree health benefits, and benefits covered by a collective
bargaining agreement (CBA)—than changes not resulting in them—i.e.,
changes to defined contribution (DC) plans and active employee health
benefits not covered by a CBA. Most of the 115 employers we reviewed
did not offer benefits that specifically needed court approval to
change. We found only 20 of these employers had DB plans, 18 had
retiree health benefits, and 28 had employees covered by a CBA. Nine
employers terminated at least one of their DB plans, and 3 have
terminations pending; 5 sought to modify their retiree health benefits;
and 8 sought to modify or reject CBAs. While most employers received
approval to continue employee benefits in their initial motions, it is
unknown how many employers that offered health benefits to active
employees or DC plans continued to fund them because employers do not
always need to seek court approval to change these benefits.
[hyperlink, www.gao.gov/cgi-bin/getrpt?GAO-07-1101].
To view the full product, including the scope and methodology, click on
the link above. For more information, contact Barbara Bovbjerg at (202)
512-7215 or bovbjergb@gao.gov.
[End of Section]
Contents:
Letter:
Summary of Findings:
Concluding Observations:
Agency Comments and Our Evaluation:
Appendix I: Briefing Slides:
Appendix I: Select Information on Bankruptcy Cases Reviewed:
Appendix III: Comments from the Pension Benefit Guaranty Corporation:
Appendix IV: GAO Contacts and Staff Acknowledgments:
Abbreviations:
AOUSC: Administrative Office of the United States Courts:
BAPCPA: Bankruptcy Abuse Prevention and Consumer Protection Act of 2005:
CBA: collective bargaining agreement:
DB: defined benefit:
DC: defined contribution:
EBSA: Employee Benefits Security Administration:
ERISA: Employee Retirement Income Security Act of 1974:
PACER: Public Access to Court Electronic Records:
PBGC: Pension Benefit Guaranty Corporation:
PPA: Pension Protection Act of 2006:
SEC: Securities and Exchange Commission:
United States Government Accountability Office:
Washington, DC 20548:
September 6, 2007:
Congressional Requesters:
Each year, thousands of employers file for chapter 11 bankruptcy to
reorganize their finances in an attempt to become profitable[Footnote
1]. This process can often be contentious, as many stakeholders,
including creditors, and employee and retiree groups, may be competing
for diminishing portions of the employers' remaining assets. In recent
years, considerable debate has centered on the use of the chapter 11
bankruptcy process by employers to reduce or eliminate benefit
obligations in an effort to become more competitive, and whether such
benefit obligations have disproportionately affected employers in
certain industries. For example, structural problems in industries such
as airlines, steel, and automotive parts manufacturing have led large
employers to declare bankruptcy and terminate their defined benefit
(DB) plans[Footnote 2]. These recent high-profile bankruptcy
reorganizations have frequently resulted in significant reductions of
jobs and employee benefits--including wages, retirement, and health
benefits--and resulted in the Pension Benefit Guaranty Corporation
(PBGC) assuming billions of dollars in underfunded pension benefit
obligations.
In recent years, Congress enacted several laws to, in part, help
address some of these issues. Most notably, Congress passed the
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
(BAPCPA) and the Pension Protection Act of 2006 (PPA). BAPCPA sought to
reduce the number of perceived abuses in consumer and corporate
bankruptcy filings. Although BAPCPA mainly focused on consumer
bankruptcies, it contained certain provisions related to chapter 11
business bankruptcies and sought to address the ways in which employer-
sponsored benefits are treated during the bankruptcy process. For
example, BAPCPA established a "look-back" period allowing courts to
reinstate retiree health benefits to what they were before any
modification by the employer during the 180 days prior to filing for
bankruptcy. Among other things, PPA amended the Employee Retirement
Income Security Act of 1974 (ERISA), including several provisions
related to the termination and funding of DB plans in bankruptcy. In
response to your interest in the effects of business bankruptcies on
employee and retiree pension and health benefits, this report addresses
(1) how, if at all, recent legislative changes have affected how
businesses may treat pension and health benefits during chapter 11
bankruptcies, and (2) what is known about the extent to which
businesses have modified employee or retiree pension or health benefits
in chapter 11 bankruptcies before and after changes in the bankruptcy
law took effect.
To address these questions, we focused on the 115 public
employers[Footnote 3] identified by the Securities and Exchange
Commission (SEC) that filed for chapter 11 bankruptcy the year prior to
and the year following BAPCPA's general enactment date--October 17,
2005. Therefore, our analysis covers bankruptcy cases filed between
October 17, 2004, and October 17, 2006. To identify key changes to the
U. S. Bankruptcy Code and ERISA, we reviewed BAPCPA and PPA as well as
other laws that affected the treatment of benefits. We interviewed
bankruptcy professionals, including researchers, federal bankruptcy
judges, and attorneys, to gain their insights on these changes and the
potential effects they may have on benefits. The attorneys we
interviewed have represented various stakeholders in the chapter 11
process including unions, retiree committees, debtor employers, and
creditors. We also interviewed officials that represented the
government and the public at the PBGC, Administrative Office of the
United States Courts (AOUSC), Department of Justice's U.S. Trustee
Program, Department of Labor's Employee Benefits Security
Administration (EBSA), and Department of the Treasury to obtain their
insights on how recent legislative changes could affect the treatment
of benefits in bankruptcy. Additionally, we interviewed officials at
SEC to gain an understanding of public companies' SEC filings. We
reviewed documents submitted in connection with court motions to change
certain benefits (including DB plans, retiree health benefits[Footnote
4], and benefits covered by collective bargaining agreements (CBA)),
first day orders, and motions to continue employee benefits. We
obtained and reviewed these publicly available documents from the
Public Access to Court Electronic Records system (PACER). We also
reviewed company information from annual SEC filings to identify
employers' various benefit obligations. To provide contextual
information, we obtained and analyzed data from AOUSC on all chapter 11
cases filed over the period. We found these data to be sufficiently
reliable for our purposes. The newness of BAPCPA and PPA and the small
number of changes they contain affecting how employers can treat
benefits, as well as the limited information readily available on
benefit changes proposed and approved, made it difficult to assess the
effects of these laws. We conducted our work between October 2006 and
September 2007 in accordance with generally accepted government
auditing standards. On August 23, 2007 and August 28, 2007, we briefed
your staff on the results of our work using the briefing slides we
include in appendix I. The report formally conveys the information
provided during our briefings.
Summary of Findings:
In summary, the effects of recent legislation on employers' decisions
to modify benefits are difficult to distinguish from the effects of
other factors--both within and outside of the bankruptcy process.
Several laws may affect the way employers treat employee and retiree
benefit plans in bankruptcy, including the Bankruptcy Code and ERISA.
BAPCPA and PPA--which amended the Bankruptcy Code and ERISA,
respectively--included some provisions related to the ways that
employers can treat benefits in the bankruptcy process. While BAPCPA
included some changes that will affect the treatment of employer-
sponsored benefits in bankruptcy--such as the possible reinstatement of
retiree health benefits to what they were before any modification by
the employer during the 180 days prior to filing for bankruptcy--most
professionals agreed that the act will not substantially affect
employers' decisions to change benefits. Some bankruptcy professionals
said that PPA may impact employers' treatment of benefits in bankruptcy
and, in particular, how employers may seek to modify DB pension plans.
For example, some bankruptcy professionals said that the additional
time given to airlines to fund their DB plans contributed to at least
two major airlines retaining some or all of their plans in bankruptcy;
other professionals, however, said this change may not fully protect
these DB plans in the long-term. Further, the National Labor Relations
Act[Footnote 5] outlines how most employers can treat benefits covered
by collective bargaining agreements, and the Railway Labor Act[Footnote
6] can affect the treatment of benefits affecting airline and
railroad employees. Bankrupt employers may also consider other factors
when trying to successfully reorganize. For example, competing claims
in bankruptcy, stakeholders and creditors, and other outside forces
such as the financial market and industry competition, may contribute
to employers' decisions to modify their employee benefit plans.
More information is known about the extent to which employers made
benefit changes that involved specific court approval--such as the
termination of DB plans, or changes to retiree health benefits or
benefits covered by CBAs--than those that can usually be made without
specific court involvement or approval--such as changes to DC plans or
benefits for active employees not covered by CBAs. Most of the 115
employers we reviewed did not offer benefits that specifically needed
court approval to change. Specifically, we found that 20 of these
employers offered DB plans, 18 offered retiree health benefits, and 28
offered at least some employees benefits covered by a CBA[Footnote 7]
Fewer than half of the employers with these types of benefits sought to
modify them in bankruptcy. For example, in the year prior to and the
year after the enactment of BAPCPA, nine employers terminated their DB
plans, resulting in a $1.4 billion liability to PBGC. An additional
three employers had terminations pending. Five employers sought
approval to modify their retiree health benefits. The presence of a CBA
adds another layer of complexity to how employers may treat benefits in
bankruptcy. Generally, employers and unions negotiate any changes to a
CBA--changes that often include benefit and wage cuts--outside the
courts. Eight of the employers that reported having at least some
employees with union representation sought to modify or reject at least
one of their collective bargaining agreements. While most employers
received approval to continue employee benefit plans in their first day
orders, it is unknown how many employers that offered health benefits
to active employees or defined contribution plans continued to fund
them. In particular, employers do not need court approval to change
these benefits if they are outside of a contractual agreement, although
some employers may still seek such approval. Some bankruptcy
professionals said that employers may stop making matching
contributions to these plans or may not remit payments in a timely
manner. However, experts stated that this information is often
difficult to track.
Concluding Observations:
Employers continue to play a primary role in financing retirement
income and health benefits for many workers. However, many are finding
it challenging to provide these benefits in an increasingly competitive
environment. Modifying benefit offerings as a cost-cutting measure is
not unique to bankruptcy, and is a trend that is also occurring outside
the bankruptcy process. In addition, changes in benefits, such as the
shift from defined benefit to defined contribution plans, means that
fewer employers may file motions to modify benefits in the future
because these changes typically do not involve specific court approval.
While additional time may be needed to more fully understand how recent
legislation has affected employers' treatment of benefits in specific
cases, the full impact of both of these laws on individuals' benefits
or related federal programs may never be known because employers'
decisions to modify benefits are part of a complex process, of which
bankruptcy and pension laws are only a part.
Many stakeholders are involved in the decision to modify benefits, and
striking a balance between maintaining employee benefits and successful
reorganization can be difficult for all parties involved. Achieving
this balance will often require successful negotiations between various
stakeholders such as unions, creditors, debtors, and in some cases
PBGC. Few employers have sought to modify their benefit plans in
bankruptcy. However, when such modifications are made, the effect on
employees, retirees, and related federal programs may be substantial.
Agency Comments and Our Evaluation:
We obtained technical comments on a draft of the briefing slides from
cognizant agency officials, which we incorporated where appropriate
prior to briefing your staff. After the briefing, we provided a draft
of the entire report to officials of the Department of Labor, PBGC,
Department of Justice, and the AOUSC. We received technical comments
from PBGC and EBSA, which we have incorporated where appropriate. The
Interim Director of the Pension Benefit Guaranty Corporation provided
written comments on a draft of this report in a September 4, 2007
letter. PBGC agreed with our findings and highlighted that PBGC will
continue to monitor the effects of both the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005 and the Pension Protection Act of
2006 on PBGC's insurance programs. The Department of Justice and AOUSC
did not provide comments.
We plan to provide copies of this report to the Secretaries of Labor,
Justice, and the Treasury. We will also send copies to EBSA, the
Department of Justice's U.S. Trustee Program, AOUSC, PBGC, and
interested congressional offices. We will make copies available to
others upon request. In addition, the report will be available at no
charge on the GAO Web site at http://www.gao.gov. If you or your staff
have any questions about this report, please contact me at (202) 512-
7215 or bovbjergb@gao.gov. Contact points for our Offices of
Congressional Relations and Public Affairs may be found on the last
page of this report.
Signed by:
Barbara D. Bovbjerg:
Director, Education, Workforce, and Income Security Issues:
Congressional Requesters:
The Honorable Patrick J. Leahy:
Chairman:
Committee on the Judiciary:
United States Senate:
The Honorable Richard J. Durbin:
The Honorable Russell D. Feingold:
The Honorable Edward M. Kennedy:
United States Senate:
The Honorable John Conyers, Jr.:
Chairman:
Committee on the Judiciary:
House of Representatives:
The Honorable Howard L. Berman:
The Honorable William D. Delahunt:
The Honorable Sheila Jackson-Lee:
The Honorable Zoe Lofgren:
The Honorable Jerrold Nadler:
The Honorable Robert C. Scott:
The Honorable Chris Van Hollen, Jr.:
The Honorable Debbie Wasserman Schultz:
The Honorable Melvin L. Watt:
House of Representatives:
[End of section]
Appendix I Briefing Slides:
Employer-Sponsored Benefits: Many Factors Affect the Treatment of
Pension and Health Benefits in Chapter 11 Bankruptcy:
Briefing for Senate and House Committees on the Judiciary:
August 2007:
Introduction:
* In recent years, considerable debate has centered on the use of the
chapter 11 bankruptcy process by employers to reduce or eliminate
employer-sponsored benefit obligations.
* In part, because of these concerns, Congress passed legislation that
included provisions affecting how employers may treat benefits in
chapter 11 bankruptcy:
- The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
(BAPCPA) amended the Bankruptcy Code.
- The Pension Protection Act of 2006 (PPA) amended the Employee
Retirement Income Security Act of 1974 (ERISA).
Key Questions:
* How, if at all, have recent legislative changes affected the
treatment of pension and health benefits during chapter 11 bankruptcies?
* What is known about the extent to which businesses have modified
employee or retiree pension and health benefits in chapter 11
bankruptcies before and after changes in the bankruptcy law took effect?
Scope and Methodology:
To answer these questions, we:
* Reviewed the Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005 and other laws, including the Pension Protection Act of 2006,
to identify how they affect the way that businesses may treat benefits
in bankruptcy.
* Reviewed publicly available court documents of the 115 public
companies identified by the Securities and Exchange Commission (SEC) as
having filed for chapter 11 bankruptcy in the years before and after
BAPCPA’s general enactment date—October 17, 2005, (76 companies before,
39 after), including motions to change benefits, such as defined
benefit (DB) plans, retiree health benefits, and those protected by
collective bargaining agreements (CBA). We also reviewed whether
employers sought approval to continue benefit programs. The scope of
analysis was limited to public companies due to data limitations and is
not generalizable to all companies in bankruptcy.
* Interviewed selected bankruptcy professionals, including researchers,
judges, and attorneys who have represented various stakeholders
including unions, retiree committees, debtor employers, and creditors,
as well as officials who have represented the government and the public
at the Pension Benefit Guaranty Corporation (PBGC), Administrative
Office of the United States Courts, Department of Justice’s U.S.
Trustee Program, Department of Labor’s Employee Benefits Security
Administration (EBSA), Department of the Treasury, and SEC.
* Our work was performed between October 2006 and July 2007 in
accordance with generally accepted government auditing standards.
Summary of Findings:
* The effects of recent legislation, including BAPCPA and PPA, on
employers’ decisions to modify benefits are difficult to distinguish
from the effects of other factors that lead to changes in benefits both
within the bankruptcy process and outside of the bankruptcy process
such as competitive pressures in certain industries.
* More is known about benefit changes subject to court approval—such as
the termination of DB plans, and changes to retiree health
benefits[Footnote 8] or benefits covered by collective bargaining
agreements—than about other types of benefits such as defined
contribution plans:
- Nearly one-half of the employers we reviewed with DB plans terminated
them in bankruptcy.
- About 28 percent of employers we reviewed with retiree health
obligations sought to modify these benefits.
- About 29 percent of employers we reviewed with collective bargaining
agreements sought to reject these agreements.
Background: Examples of Employer-Sponsored Benefits:
* Employers generally can sponsor two types of pension plans:
- Defined benefit (DB) plans provide a pension benefit that is
typically expressed as a monthly benefit based on a formula that
generally combines salary and years of service to the company.
- Defined contribution (DC) plans, which include 401(k) plans, base
retirement benefits on employee and/or employer contributions to and
investment returns on individual accounts; participants may be able to
direct the investment of the assets in their individual accounts.
* Employers may sponsor several types of health benefits, and the
amounts they contribute can vary.
* Benefits may be offered as part of a collective bargaining agreement
(CBA)—a written agreement or contract between an employer and a union
or professional or trade association. Typically, labor and management
negotiate the terms of employment, which include salaries, work rules,
and health and pension benefits.
Background: Treatment of Benefits under the Bankruptcy Code and the
Employee Retirement Income Security Act of 1974 (ERISA):
Bankruptcy Code:
Generally, employers will file for bankruptcy protection either under
chapter 7 (liquidation) or chapter 11 (reorganization). Chapter 11
provides an opportunity for a debtor to reorganize its financial
obligations during which time the debtor may continue to conduct its
business.
BAPCPA amended the Bankruptcy Code. Many of the changes focused on
consumer bankruptcies, but it also contained provisions related to
chapter 11.
ERISA:
Pension:
Sets certain standards for most voluntarily-established employer-
sponsored pension benefit plans in the private sector. Generally,
employers may seek to terminate a pension plan, in the absence of a
contractual agreement prohibiting it, if they meet certain
requirements. Employers may not decrease participants’ DB benefits or
increase benefits during bankruptcy if the plan is underfunded. PPA
amended several ERISA provisions related to DB plan funding and
termination, among other things.
Health:
While ERISA generally governs employee health benefit plans, these
plans are subject to less extensive requirements than pension plans.
Pension assets that have been deposited into the trust are not part of
the debtor's estate.
Bankruptcy Code:
BAPCPA specified that the definition of "property of the estate"
excludes employee contributions to benefit plans, protecting
contributions that were withheld but not yet deposited into the trust
ERISA:
Contributions made to a pension plan must be maintained for the
exclusive benefit of participants and their beneficiaries.
* DB plans are typically insured by PBGC. An employer’s DB plan can be
terminated in one of three ways:
- Standard termination—the employer wants to end its DB plan and the
plan has sufficient funds to pay all benefits owed to participants.
- Distress termination—the employer is in financial distress and must
prove it cannot remain in business unless the plan is terminated.
- Involuntary termination—PBGC can end the plan if it determines that
the termination is needed to protect the interests of plan participants
or the PBGC insurance program.
Defined contribution plans, e.g., 401(k) plans, are held in trust and
not insured by PBGC.
Bankruptcy Code:
To modify or terminate retiree health benefits, the debtor must be able
to show that:
* It negotiated in good faith with authorized representatives of the
retirees.
* The retirees’ authorized representative refused the proposal without
good cause.
* The modification is necessary to permit the reorganization, assures
that all parties are treated equitably, and is clearly favored by the
balance of the equities.
BAPCPA amended the law to allow the court to reinstate retiree health
benefits that were modified within 180 days prior to filing for
bankruptcy.
ERISA:
Generally, employers can reserve the right to modify or terminate
employee health benefit plans[Footnote 9]. Employers must provide
employees with a minimum of 60 days advanced notice of its intent to
terminate a plan.
Background (cont.) Treatment of Benefits Covered by a Collective
Bargaining Agreement:
Bankruptcy Code:
To terminate or change a CBA, the debtor must be able to show that:
* Prior to filing the motion, the debtor made a proposal based on the
most complete and reliable information and that the proposal treats all
affected parties fairly and equitably.
* The employees’ authorized representative refused the proposal without
good cause.
* The balance of the equities clearly favors rejection[Footnote 10].
ERISA:
National Labor Relations Act[Footnote 11] and ERISA:
A CBA may require that an employer establish or maintain pension and
health benefits for employees and/or retirees. These agreements
generally cannot be changed without negotiations and agreement by both
parties. PBGC may, however, terminate a DB plan (involuntary
termination) or undo a termination— restoring the plan to the employer
as the trustee—regardless of whether the plan is part of a CBA.
Background (cont.) Other Key Changes in BAPCPA:
* Increased the amount of wages and benefits allowed as a priority claim
(those paid before other unsecured claims) from $4,925 per covered
employee earned within 90 days of the bankruptcy to $10,000 earned
within 180 days prior to bankruptcy.
* Limited the amount of and approval procedures for key employee
retention plans (KERP), including limiting certain retention or
severance payments to executives to, for example, 10 times the average
amount of similar payments to nonmanagement employees.
* Shortened the possible exclusivity period—where debtors have the
exclusive right to file a reorganization plan—limiting the maximum
exclusivity period to 18 months.
Background (cont.) Other Key Changes to ERISA:
PPA amended ERISA and included several provisions specifically related
to the treatment of pension plans in bankruptcy, including:
* Made permanent the $1,250 per participant premium, added by the
Deficit Reduction Act of 2005, that an employer is required to pay to
PBGC if its DB plan is terminated during chapter 11 bankruptcy. These
employers are to pay this premium for 3 years after they emerge from
bankruptcy.
* For terminated DB plans, PPA changed the date used to calculate the
pension guarantee from the plan termination date to the bankruptcy
petition filing date.
* In response to financial weakness of the commercial airline industry,
allowed an alternative funding schedule for airlines’ DB plans.
Airlines may amortize their unfunded liabilities over 17 years if
benefit accruals are frozen or 10 years if benefit accruals are not
frozen.
* Taxed benefits set aside to prefund certain deferred compensation
plans for top executives—known as nonqualified plans—if, among other
things, the employer is in bankruptcy.
Background (cont.) Role of Federal Agencies:
* The Department of Justice’s U.S. Trustee Program:
- Oversees the administration of bankruptcy cases and private trustees.
* The Department of Labor’s Employee Benefits Security Administration:
- Administers and enforces the fiduciary, reporting, disclosure, and
other provisions of ERISA.
* Administrative Office of the United States Courts:
- Among other things, provides a wide range of administrative, legal,
financial, management, program, and information technology services to
the federal courts.
* Pension Benefit Guaranty Corporation:
- Insures certain DB pension plans and becomes statutory trustee of
terminated plans when an employer has insufficient assets to pay the
benefits that participants are owed.
Background (cont.) Information on All Chapter 11 Bankruptcies Filed:
Figure 1: Chapter 11 Bankruptcy Filings in the Year Before and the Year
After BAPCPA’s Effective Date (October 17, 2005)
[See PDF for image]
This is a bar graph containing two lines and two bars, with each line
indicating the number of cases filed[Footnote 12].
Line one indicates the number of cases filed one year after BAPCPA
(approximately 4740).
Line two indicates the number of cases filed one year before BAPCPA
(approximately 6200).
Source: GAO Analysis of AOUSC data.
[End of Figure]
Effects of Recent Legislation:
The Effects of Recent Legislation on Employers’ Decisions to Modify
Benefits Are Difficult to Distinguish from Those of Other Factors
* Bankruptcy professionals generally agreed that BAPCPA will have a
limited effect on employers’ decisions to modify benefits.
* Changes included in the PPA, such as the change in termination date
and to funding rules, may affect employers’ decisions to maintain their
DB plans.
* Several other factors such as market conditions and benefit
obligations can also influence employers’ decisions in bankruptcy.
Many Factors Affect Employers’ Benefit Decisions:
Figure 2: Factors That May Affect Employers’ Decisions Regarding
Benefits:
[See PDF for image]
Source: GAO
[End of figure]
BAPCPA Had Few Provisions Affecting Treatment of Benefits:
Bankruptcy professionals identified two changes directly affecting
benefits in chapter 11.
* Possible reinstatement of retiree health benefits modified within 180
days prior to filing for bankruptcy:Some professionals stated this was
a positive change; others stated that it addressed a nonexistent
problem. Bankruptcy professionals said that they were not aware of any
cases filed since BAPCPA involving such retiree benefit changes
* Increase in the amount of employee wages and benefits considered
priority payments: While this change increased the potential amount of
funds available to pay wages and benefits, professionals varied in
their opinions of how this change would affect benefits. Some stated it
may not be enough and would all be used on wages; others stated most
participants would not reach the $10,000 limit, with the exception of
highly paid employees.
Bankruptcy professionals identified some provisions not directly
related to benefits that might affect how employers treat benefits and
the amount of benefits that employees receive.
* Lease assumptions and utility payments: The tightening of the time
for assuming leases and enhanced protection for utility payments could
contribute to employers seeking savings elsewhere (including by
modifying benefits).
* Key employee retention plans: Several professionals said that the
restrictions on KERPs—which were meant, in part, to curb employers from
awarding large executive bonuses while cutting employees’ benefits—may
not be effective. For example, employers can try to circumvent the
provision by proposing incentive plans rather than retention
plans[Footnote 13]. Others felt that the restrictions were too
stringent and could hinder successful reorganization.
* Exclusivity period: Shortening the time for filing a reorganization
plan decreases the amount of time employers have to negotiate and make
decisions, which could cause some employers to cut benefits without
exploring alternatives. Employers are just now reaching the 18-month
exclusivity limit, so the effect of the change is unknown.
PPA Had Some Provisions That May Affect the Treatment of DB Plans in
Bankruptcy:
* Termination premium: While this premium may provide additional
revenue to PBGC, some professionals stated the cost could cause more
employers to liquidate their assets instead of reorganizing—generally
eliminating any employee benefit obligations.
* Termination date: Some professionals stated that this could reduce an
individual’s benefit because of the decrease in time used to calculate
the guaranteed benefits. The change may also reduce an employer’s
incentive to delay plan termination. For example, PBGC officials said
that prior to PPA, employers could have delayed plan termination,
increasing the amount for which PBGC was liable.
* Airline “stretch-out”: Some professionals stated this contributed to
Delta Air Lines maintaining plans for its ground employees and
Northwest Airlines maintaining its employee plans throughout the
bankruptcy process. However, it is unknown whether either will be able
to fund its plans by the end of the stretch-out period.
Professionals Cited Other Factors That May Influence Employers’
Treatment of Benefits:
* Competing pressures between maintaining benefits and long-term
stability after reorganization.
* Employers with high employee benefit costs and in specific
industries—such as airlines or automotive manufacturing—may find it
difficult to compete given the potential cost of these
obligations[Footnote 14].
* Lenders may affect employers’ treatment of benefits. For example, in
at least one case, the lender would only provide financing if the DB
plan were terminated. In another instance, an employer was able to
retain its DB plan because it received additional financing.
* The composition and actions of the creditors or creditors’ committee
may affect employers’ treatment of benefits.
* The cost and risk factors of providing benefits also influence
employers’ decisions to modify these benefits outside the bankruptcy
process[Footnote 15].
Extent of Benefit Modifications:
More Is Known about Benefit Changes Subject to Court Approval:
* More is known about the extent to which employers make benefit
changes subject to court approval, including changes to:
- DB pensions,
- retiree health benefits, and
- benefits covered by a CBA.
More is Known about Benefit Changes Subject to Court Approval: DB Plans:
* Employers may consider terminating DB plans in bankruptcy because
they are a large liability. However, while DB plan obligations topped
several billion dollars for some employers, not all of them terminated
their plans.
* Several employers froze their DB plans prior to filing for bankruptcy.
* In the year prior to and after BAPCPA, 20 of the 115 employers
offered at least one DB plan:
- 9 of these terminated their plans in bankruptcy (4 post-BAPCPA cases);
- 3 of these have terminations pending (2 post-BAPCPA cases); and
- 8 of these emerged or are planning to emerge with their plans intact
(2 post-BAPCPA cases).
The employers that terminated pension plans during bankruptcy resulted
in an estimated $1.4 billion liability to PBGC, as shown below.
Table 1: Liability of DB Pension Terminations and Number Affected, as
of Plan Termination Date:
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Amcast Industrial Corporation;
Pension plan termination finalized date: 07/01/05;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 83.0;
Number of employees and retirees affected: 6,200;
Funded percentage (assets/benefits/liabilities): 53%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Collins & Aikman Corporation;
Pension plan termination finalized date: 03/29/07;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 161.0;
Number of employees and retirees affected: 21,000;
Funded percentage (assets/benefits/liabilities): 42%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Delta Airlines Incorporated [a];
Pension plan termination finalized date: 09/02/06;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 944.6;
Number of employees and retirees affected: 13,294;
Funded percentage (assets/benefits/liabilities): 35%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Commerical Furniture Group (Falcon Products)[b];
Pension plan termination finalized date: 08/31/05;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 31.8;
Number of employees and retirees affected: 2,432;
Funded percentage (assets/benefits/liabilities): 48%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Huffy Corporation;
Pension plan termination finalized date: 01/14/05;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 80.0;
Number of employees and retirees affected: 3,700;
Funded percentage (assets/benefits/liabilities): 53%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Oneida LTD;
Pension plan termination finalized date: 05/01/06;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 48.3;
Number of employees and retirees affected: 1,900;
Funded percentage (assets/benefits/liabilities): 69%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Tom's Food Incorporated;
Pension plan termination finalized date: 12//06;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 42.5;
Number of employees and retirees affected: 3,000;
Funded percentage (assets/benefits/liabilities): 49%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Tropical Sportswear Int'l. Corporation;
Pension plan termination finalized date: 08/18/05;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 5.4;
Number of employees and retirees affected: 977;
Funded percentage (assets/benefits/liabilities): 55%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: USA Commerical Mortgage;
Pension plan termination finalized date: 01/12/07;
Unfunded guaranteed benefit liability (UGL)(dollars in millions): 0.6;
Number of employees and retirees affected: 30;
Funded percentage (assets/benefits/liabilities): 56%.
Plan sponsors filing for bankruptcy between October 17, 2004, and
October 17, 2006: Total;
Unfunded guaranteed benefit liability (UGL)(dollars in millions):
1,397.2;
Number of employees and retirees affected: 52,533.
[a] The termination of Delta's pilots plan represents the sixth largest
claim in PBGS's history.
[b] PBGC disputed the termination of one of Falcon's plans, but lost
the appeal. The termination of this plan which covers 72 employees and
represents a UGL of about $974,000 is pending.
Source: PBGC
{End of table]
* Employees may still receive some DB benefits when a DB plan is
terminated.
• While covered participants receive a pension benefit from the
PBGC, the level of guarantee varies[Footnote 16]. PBGC officials stated
that most individuals receive their full benefit if the pension is
terminated. However, the percentage receiving their full benefit when a
plan terminates has decreased. This is, in part, attributable to the
rise in terminations of airline pilots’ pension plans[Footnote 17].
* According to PBGC, it does not collect data on the percentage of
benefits that individuals receive.
* Some employers that terminated their DB plans created “follow-on” DC
plans or increased their contributions to an existing DC plan. For
example, Delta Air Lines, which recently emerged from bankruptcy,
increased its DC plan contribution.
* PBGC may file claims against the debtor for the unfunded benefit
liability amount, among other things. PBGC officials stated that PBGC
uses a portion of the recoveries on claims to pay non-guaranteed
benefits to plan participants.
More Is Known about Benefit Changes Subject to Court Approval: Retiree
Health Benefits:
* Several bankruptcy professionals stated that employers consider
changing retiree health benefits, in part, because they often carry a
high cost and are not usually prefunded.
* In the year prior to and after BAPCPA, 18 of the 115 employers
reported retiree health benefit obligations.
* 5 of these (one post-BAPCPA case) sought to modify benefits. Several
others changed their benefits prior to bankruptcy.
Table 2: Information on Employers That Filed to Modify Retiree Health
Benefits, Year Prior to Filing for Bankruptcy (dollars in millions):
Employer[a]: Delphi Corporation;
Other postretirement benefit obligations (OPEB)[b]: $9,600;
Total employer liabilities: $19,934;
Employer[a]: Delta Airlines, Inc.;
Other postretirement benefit obligations (OPEB)[b]: $1,835;
Total employer liabilities: $26,789;
Employer[a]: Dana Corporation;
Other postretirement benefit obligations (OPEB)[b]: $1,543;
Total employer liabilities: $6,608;
Employer[a]: Northwest Airlines Corporation;
Other postretirement benefit obligations (OPEB)[b]: $926;
Total employer liabilities: $16,866;
Employer[a]: Tower Automotive, Inc.;
Other postretirement benefit obligations (OPEB)[b]: $173;
Total employer liabilities: $2,681;
[a] Allied Holdings, Inc. withdrew its motion to terminate certain
nonunion retiree health benefits.
[b] Postemployment benefit obligations across companies are not
comparable because companies have wide latitude in the assumptions they
use to calculate these obligations. Other postretirement benefits may
include medical, life, dental, vision, or other insurance benefits.
Source: Most recently available SEC 10-k filings prior to bankruptcy.
[End of table]
* Several bankruptcy professionals stated that modifications to retiree
health benefits will have the biggest effect on individuals because
these benefits generally are not insured by the government or funded
and held in trust. Similarly, participants do not generally have
statutory vesting rights.
* To help mitigate some of the potential negative effect on
participants, some employers created a fund to help pay for certain
retiree health benefits. For example, the Dana Corporation and Tower
Automotive both set up voluntary employee beneficiary associations
(VEBA)[Footnote 18] and funded these accounts for retirees whose health
coverage was eliminated.
* Some federal provisions such as those requiring employers to offer
continuation coverage, or the Health Coverage Tax Credit
(HCTC)[Footnote 19], may also help to mitigate the potential negative
effect.
More Is Known about Benefit Changes Subject to Court Approval: CBAs:
* The presence of a collective bargaining agreement adds another layer
of complexity to how employers may treat benefits. Twenty-eight of the
115 public employers reported having at least some employees who were
represented by a union.
* Eight of the 28 employers that reported union representation sought
to modify or reject their CBAs:
- Generally, employers and unions negotiate the changes to the CBA.
Negotiations often include wage and benefit cuts.
- Many of the employers terminating their DB plans, and all 5 employers
modifying retiree health benefits had CBAs.
* Changes to wages or benefit packages may be made to the CBA leading
up to bankruptcy filing.
Table 3: Examples of Changes Made to Collective Bargaining Agreements
Employer: ATA Holdings Corporation;
Examples of CBA Changes: 20 per cent wage cut;
Examples of CBA Changes: Stopped some employer contributions to the DC
plan.
Employer: Dana Corporation;
Examples of CBA Changes: terminated nonpension retiree benefits for
autoworker and steelworker union employees and started a VEBA;
Examples of CBA Changes: Froze DB plan for employees with less than 20
years of service and replaced it with a DC plan;
Examples of CBA Changes: Changed wage structure.
Employer: Delphi Corporation[a];
Examples of CBA Changes: Froze DB pensions and started a 401(k) plan
with a 7 percent employer contribution for Delphi employees;
Examples of CBA Changes: Terminated the postretirement benefits and
provided an additional 1 percent employer contribution to the 401(k)
plan for Delphi employees.
Employer: Delta Airlines, Inc.;
Examples of CBA Changes: Terminated pilots' DB plan.
Employer: Falcon Products, Inc.;
Examples of CBA Changes: Terminated DB plan (previously froze nonunion
DB plan) and started a 401(k) with no match;
Examples of CBA Changes: Modified medical benefits;
Examples of CBA Changes: Modified work rules.
Employer: Northwest Airlines Corporation;
Examples of CBA Changes: 21 percent wage reduction for the flight
attendants' employee union;
Examples of CBA Changes: Froze DB plan and replaced it with DC plan
that included a 5 percent employer contribution;
Examples of CBA Changes: Machinists' union employees - replacement DB
plan;
Examples of CBA Changes: Increases to unions' health premiums ranging
from 5 percent to 25 percent depending on the union affected.
Employer: Tower Automotive, Inc.;
Examples of CBA Changes: 4 percent wage reduction;
Examples of CBA Changes: Froze DB pensions and started a 401(k) with a
2-5 percent employer contribution depending on the union affected.
[a] Delphi was spun off from General Motors (GM) in 1999, and the
separation agreement included language that made GM contingently liable
for postretirement benefits for Delphi employees who worked for GM
before the separation. Some eligible Delphi employees retain their DB
pension benefits. GM provides posretirement medical and employer paid
retirement life insurance to some eligible Delphi employees.
Source: GAO review of court documents and news articles.
[End of table]
Limited Information Is Available on Benefit Changes Not Subject to
Court Approval:
* In most of the cases we reviewed, employers received court
approval—usually in first day orders—to continue employee benefits.
While court approval allows employers to continue their benefit
programs, it may not require them to do so.
* Employers may stop making matching contributions during bankruptcy or
seek to terminate their DC plans, but absent a contractual agreement
often do not file for approval from the court. Several of the employers
halted their contributions (at least temporarily) prior to bankruptcy.
* Some professionals stated that employers may miss DC plan or health
plan contribution payments or not remit pension contributions to the
trusts in a timely manner, and this could lessen individuals’ benefits.
According to EBSA officials, employee contributions not remitted to the
trust are sometimes difficult to track.
* To the extent an employer fails to remit certain employee benefit
plan contributions, such as DC plan or health plan contributions owed,
EBSA may file a proof of claim and/or commence an adversary proceeding
against a debtor.
Concluding Observations:
* Many stakeholders are involved in the decision to modify benefits,
and striking a balance between maintaining employee benefit programs
and successful reorganization can be difficult for all parties involved.
* While additional time may be needed to more fully understand how some
aspects of BAPCPA and PPA affect benefits in specific cases, the full
impact of both pieces of legislation on individuals’ benefits or
federal agencies may never be known because employers’ decisions to
modify benefits are part of a more complex process, and bankruptcy and
pension laws are only part of this process.
[End of section]
Appendix II: Select Information on Bankruptcy Cases Reviewed:
(Dollars in millions):
Post-BAPCPA cases:
Company name[A]: Sea Containers Ltd.;
File date: 2006-10-15;
Total assets: 2.4;
Total liabilities: 1.9;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:[Empty].
Company name[A]: Delta Woodside Industries, Inc.;
File date: 2006-10-13;
Total assets: 38.2;
Total liabilities: 2.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Anvil Holdings, Inc.;
File date: 2006-10-02;
Total assets: 108.3;
Total liabilities: 231.1;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Global Power Equipment Group, Inc.;
File date: 2006-09-28;
Total assets: 366.9;
Total liabilities: 204.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: The Rowe Companies;
File date: 2006-09-18;
Total assets: 134.2;
Total liabilities: 86.6;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Naturade, Inc.;
File date: 2006-08-31;
Total assets: 12.0;
Total liabilities: 13.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Portrait Corporation of America, Inc.;
File date: 2006-08-31;
Total assets: 0.2; Total liabilities: 0.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Unicomp, Inc.;
File date: 2006-08-25;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Fischer Imaging Corporation;
File date: 2006-08-22;
Total assets: 14.7;
Total liabilities: 9.7;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Deja Foods, Inc.;
File date: 2006-08-14;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Vesta Insurance Group, Inc.;
File date: 2006-07-18;
Total assets: 1,980.8;
Total liabilities: 1,880.7;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: OneTravel Holdings, Inc.;
File date: 2006-07-07;
Total assets: 84.3;
Total liabilities: 76.6;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Image Innovations Holdings Inc.;
File date: 2006-07-06;
Total assets: 7.5;
Total liabilities: 2.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Transcapital Financial Corporation;
File date: 2006-06-19;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: America Capital Corporation;
File date: 2006-06-19;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Werner Holding Co.;
File date: 2006-06-12;
Total assets: 283.6;
Total liabilities: 463.7;
DB Obligations at Bankruptcy[B,C,D]: 67.9;
Other postretirement
benefit obligations at bankruptcy[B,C]: 3.3;
Collective bargaining agreement: Yes.
Company name[A]: Airnet Communications Corporation;
File date: 2006-05-22;
Total assets: 29.0;
Total liabilities: 8.1;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Silicon Graphics, Inc.;
File date: 2006-05-08;
Total assets: 452.1;
Total liabilities: 643.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: IDI Global, Inc.;
File date: 2006-04-17;
Total assets: 2.2;
Total liabilities: 3.6;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: USA Commerical Mortgage Company;
File date: 2006-04-13;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Prosoft Learning Corporation;
File date: 2006-04-12;
Total assets: 8.6;
Total liabilities: 4.8;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Verilink Corporation;
File date: 2006-04-09;
Total assets: 42.3;
Total liabilities: 26.6;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Trans-Industries, Inc.;
File date: 2006-04-03;
Total assets: 15.7;
Total liabilities: 13.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: SeraCare Life Sciences, Inc.;
File date: 2006-03-22;
Total assets: 89.1;
Total liabilities: 43.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Oneida Ltd.;
File date: 2006-03-19;
Total assets: 300.2;
Total liabilities: 333.5;
DB Obligations at Bankruptcy[B,C,D]: 79.6;
Other postretirement benefit obligations at bankruptcy[B,C]: 2.5;
Collective bargaining agreement: Yes.
Company name[A]: Televideo, Inc.;
File date: 2006-03-14;
Total assets: 9.1;
Total liabilities: 14.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: The Plusfunds Group, Inc.;
File date: 2006-03-06;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Dana Corporation;
File date: 2006-03-03;
Total assets: 9,019.0;
Total liabilities: 6,608.0;
DB Obligations at Bankruptcy[B,C,D]: 2,151.0;
Other postretirement benefit obligations at bankruptcy[B,C]: 1,543.0;
Collective bargaining agreement: Yes.
Company name[A]: Integrated Electrical Services, Inc.;
File date: 2006-02-14;
Total assets: 580.9;
Total liabilities: 437.8;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Glycogenesys, Inc.;
File date: 2006-02-02;
Total assets: 3.1;
Total liabilities: 1.8;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Large Scale Biology Corporation;
File date: 2006-01-09;
Total assets: 12.8;
Total liabilities: 1.1;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Calpine Corporation;
File date: 2005-12-20;
Total assets: 27,216.1;
Total liabilities: 22,235.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: Desert Health Products, Inc.;
File date: 2005-12-15;
Total assets: 0.3;
Total liabilities: 4.6;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Syndicated Food Service International, Inc.;
File date: 2005-12-14;
Total assets: 9.0;
Total liabilities: 11.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: FLYi, Inc.;
File date: 2005-11-07;
Total assets: 677.7;
Total liabilities: 510.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: 21st Century Technologies, Inc.;
File date: 2005-11-01;
Total assets: 13.5;
Total liabilities: 2.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Mcleodusa Incorporated;
File date: 2005-10-28;
Total assets: 1,025.8;
Total liabilities: 997.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Refco, Inc.;
File date: 2005-10-17;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Pre-BAPCPA cases:
Company name[A]: The Boyds Collection, Ltd.;
File date: 2005-10-16;
Total assets: 223.0;
Total liabilities: 85.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Pliant Corporation;
File date: 2006-01-03;
Total assets: 820.9;
Total liabilities: 1,455.8;
DB Obligations at Bankruptcy[B,C,D]: 87.2;
Other postretirement
benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: Gardenburger, Inc.;
File date: 2005-10-14;
Total assets: 19.9;
Total liabilities: 101.8;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Dynamic Sciences International;
File date: 2005-10-14;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Cyber Care, Inc.;
File date: 2005-10-14;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Jacobson Resonance Enterprises, Inc.;
File date: 2005-10-13;
Total assets: 0.3;
Total liabilities: 2.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Stassi Interaxx, Inc.;
File date: 2005-10-13;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Delphi Corporation;
File date: 2005-10-08;
Total assets: 16,593.0;
Total liabilities: 19,934.0;
DB Obligations at Bankruptcy[B,C,D]: 12,872.0;
Other postretirement benefit obligations at bankruptcy[B,C]: 9,605.0;
Collective bargaining agreement: Yes.
Company name[A]: Epixtar Corp.;
File date: 2005-10-06;
Total assets: 18.0;
Total liabilities: 18.8;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Tectonic Network, Inc.;
File date: 2005-10-03;
Total assets: 10.8;
Total liabilities: 6.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: GB Holdings, Inc.;
File date: 2005-09-29;
Total assets: 217.0;
Total liabilities: 181.7;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:Yes.
Company name[A]: Home Directors, Inc.;
File date: 2005-09-28;
Total assets: 8.7;
Total liabilities: 2.7;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Thermoview Industries Inc.;
File date: 2005-09-26;
Total assets: 30.2;
Total liabilities: 33.8;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: Entergy New Orleans, Inc.;
File date: 2005-09-23;
Total assets: 662.8;
Total liabilities: 488.5;
DB Obligations at Bankruptcy[B,C,D]: 78.4;
Other postretirement benefit obligations at bankruptcy[B,C]: 54.8;
Collective bargaining agreement: Yes.
Company name[A]: Foamex International;
File date: 2005-09-19;
Total assets: 645.7;
Total liabilities: 1,004.0;
DB Obligations at Bankruptcy[B,C,D]: 143.9;
Other postretirement benefit obligations at bankruptcy[B,C]: 1.2;
Collective bargaining agreement: Yes.
Company name[A]: Northwest Airlines Corporation;
File date: 2005-09-14;
Total assets: 14,042.0;
Total liabilities: 16,866.0;
DB Obligations at Bankruptcy[B,C,D]: 9,245.0;
Other postretirement benefit obligations at bankruptcy[B,C]: 926.0;
Collective bargaining agreement: Yes.
Company name[A]: Delta Air Lines, Inc.;
File date: 2005-09-14;
Total assets: 21,801.0;
Total liabilities: 27,597.0;
DB Obligations at Bankruptcy[B,C,D]: 12,100.0;
Other postretirement benefit obligations at bankruptcy[B,C]: 1,835.0;
Collective bargaining agreement: Yes.
Company name[A]: Three-five Systems Inc.;
File date: 2005-09-08;
Total assets: 111.8;
Total liabilities: 46.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: (NULL).
Company name[A]: Trans Max Technologies, Inc.;
File date: 2005-09-08;
Total assets: 1.8;
Total liabilities: 2.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: (NULL).
Company name[A]: Arlington Hospitality, Inc.;
File date: 2005-08-31;
Total assets: 103.4;
Total liabilities: 90.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: (NULL).
Company name[A]: Anchor Glass Container Corporation;
File date: 2005-08-08;
Total assets: 657.2;
Total liabilities: 472.0;
DB Obligations at Bankruptcy[B,C,D]: 55.8;
Other postretirement benefit obligations at bankruptcy[B,C]: 53.8;
Collective bargaining agreement: Yes.
Company name[A]: Teraforce Technology Corp.;
File date: 2005-08-03;
Total assets: 3.0;
Total liabilities: 11.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: (NULL).
Company name[A]: Allied Holdings, Inc.;
File date: 2005-07-31;
Total assets: 421.5;
Total liabilities: 463.1;
DB Obligations at Bankruptcy[B,C,D]: 52.9;
Other postretirement benefit obligations at bankruptcy[B,C]: 15.9;
Collective bargaining agreement: Yes.
Company name[A]: Able Laboratories, Inc.;
File date: 2005-07-18;
Total assets: 104.3;
Total liabilities: 8.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: The Project Group, Inc.;
File date: 2005-07-15;
Total assets: 0.4;
Total liabilities: 1.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Frontier Insurance Group, Inc.;
File date: 2005-07-05;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Torch Offshore, Inc.;
File date: 2005-01-07;
Total assets: 169.9;
Total liabilities: 99.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Aura Systems, Inc.;
File date: 2005-06-24;
Total assets: 17.8;
Total liabilities: 20.7;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Heartland Technology, Inc.;
File date: 2005-06-15;
Total assets: 11.7;
Total liabilities: 6.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Skyway Communications Holding;
File date: 2005-06-14;
Total assets: 7.0;
Total liabilities: 4.1;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Proxim Corporation;
File date: 2005-06-11;
Total assets: 63.6;
Total liabilities: 108.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Universal Automotive Industries, Inc.;
File date: 2005-05-26;
Total assets: 32.6;
Total liabilities: 30.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Greentech USA, Inc.;
File date: 2005-05-24;
Total assets: 3.4;
Total liabilities: 2.1;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Western Water Company;
File date: 2005-05-24;
Total assets: 16.9;
Total liabilities: 9.9;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Global Environmental Energy Co.;
File date: 2005-05-19;
Total assets: 35.7;
Total liabilities: 35.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Collins & Aikman Corporation;
File date: 2005-05-17;
Total assets: 3,191.2;
Total liabilities: 2,750.9;
DB Obligations at Bankruptcy[B,C,D]: 444.6;
Other postretirement benefit obligations at bankruptcy[B,C]: 100.2;
Collective bargaining agreement: Yes.
Company name[A]: Certified HR Services Company;
File date: 2005-05-12;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: AAIPHARMA Inc.;
File date: 2005-05-10;
Total assets: 339.1;
Total liabilities: 451.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Natural Golf Corporation;
File date: 2005-05-10;
Total assets: 1.2;
Total liabilities: 2.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Composite Technology Corporation;
File date: 2005-05-05;
Total assets: 18.1;
Total liabilities: 12.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Composite Solutions, Inc.;
File date: 2005-05-05;
Total assets: 914.1;
Total liabilities: 900.5;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Summit National Group, Inc.;
File date: 2005-04-21;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Eagle Picher Holdings, Inc.;
File date: 2005-04-11;
Total assets: 598.8;
Total liabilities: 740.8;
DB Obligations at Bankruptcy[B,C,D]: 259.8;
Other postretirement benefit obligations at bankruptcy[B,C]: 9.3;
Collective bargaining agreement: Yes.
Company name[A]: Southern Investors Service Company;
File date: 2005-04-08;
Total assets: 2.4;
Total liabilities: 8.6;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Tom's Foods Inc.;
File date: 2005-04-06;
Total assets: 101.3;
Total liabilities: 108.4;
DB Obligations at Bankruptcy[B,C,D]: 57.1;
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Claremont Technologies Corporation;
File date: 2005-03-25;
Total assets: 0.0;
Total liabilities: 0.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Intercell International Corporation;
File date: 2005-03-16;
Total assets: 0.3;
Total liabilities: 0.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: V-one Corporation;
File date: 2005-03-11;
Total assets: 0.9;
Total liabilities: 2.7;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: WHX Corporation;
File date: 2005-03-07;
Total assets: 311.9;
Total liabilities: 408.8;
DB Obligations at Bankruptcy[B,C,D]: 410.2;
Other postretirement benefit obligations at bankruptcy[B,C]: 8.6;
Collective bargaining agreement: Yes.
Company name[A]: Skin Nuvo International, LLC;
File date: 2005-03-07;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: HealthEssentials Solutions, Inc.;
File date: 2005-03-01;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Veritec Inc.;
File date: 2005-02-28;
Total assets: 1.7;
Total liabilities: 3.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Las Americas Broadband Inc.;
File date: 2005-02-28;
Total assets: 0.8;
Total liabilities: 3.8;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Terra Telecommunications Corp;
File date: 2005-02-22;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: WINN-DIXIE Stores, Inc.;
File date: 2005-02-21;
Total assets: 2,618.9;
Total liabilities: 1,701.5;
DB Obligations at Bankruptcy[B,C,D]: 68.8;
Other postretirement benefit obligations at bankruptcy[B,C]: 17.0;
Collective bargaining agreement:(NULL).
Company name[A]: Syratech Corporation;
File date: 2005-02-16;
Total assets: 118.6; Total liabilities: 174.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Tower Automotive, Inc.;
File date: 2005-02-02;
Total assets: 2,560.8;
Total liabilities: 2,681.7;
DB Obligations at Bankruptcy[B,C,D]: 280.7;
Other postretirement benefit obligations at bankruptcy[B,C]: 173.0;
Collective bargaining agreement: Yes.
Company name[A]: Falcon Products, Inc.;
File date: 2005-01-31;
Total assets: 266.5;
Total liabilities: 228.0;
DB Obligations at Bankruptcy[B,C,D]: 41.7;
Other postretirement
benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: American Business Financial Services, Inc.;
File date: 2005-01-21;
Total assets: 1,042.9;
Total liabilities: 1,031.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: First Virtual Communications, Inc.;
File date: 2005-01-20;
Total assets: 6.8;
Total liabilities: 8.1;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: SGD Holdings, LTD;
File date: 2005-01-20;
Total assets: 6.8;
Total liabilities: 4.4;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: American Banknote Corporation;
File date: 2005-01-19;
Total assets: 184.3;
Total liabilities: 178.0;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]: 1.5;
Collective bargaining agreement:(NULL).
Company name[A]: Friedman's Inc.;
File date: 2005-01-14;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Ultimate Electronics, Inc.;
File date: 2005-01-11;
Total assets: 336.2;
Total liabilities: 137.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Acceptance Insurance Companies, Inc.;
File date: 2005-01-07;
Total assets: 279.3;
Total liabilities: 376.7;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Trico Marine Service, Inc.;
File date: 2004-12-21;
Total assets: 585.2;
Total liabilities: 443.2;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: The MIIX Group, Inc.;
File date: 2004-12-20;
Total assets: 1,278.6;
Total liabilities: 1,557.2;
DB Obligations at Bankruptcy[B,C,D]: 13.6;
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Tropical Sportswear Int'l Corporation;
File date: 2004-12-16;
Total assets: 214.3;
Total liabilities: 191.5;
DB Obligations at Bankruptcy[B,C,D]: 10.7;
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: Yukos Oil Company;
File date: 2004-12-14;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Applied Extrusion Technologies, Inc.;
File date: 2004-12-01;
Total assets: 407.5;
Total liabilities: 413.3;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: Amcast Industrial Corporation;
File date: 2004-11-30;
Total assets: 230.3;
Total liabilities: 272.3;
DB Obligations at Bankruptcy[B,C,D]: 114.4;
Other postretirement benefit obligations at bankruptcy[B,C]: 0.6;
Collective bargaining agreement: Yes.
Company name[A]: Trump Hotel & Casino Resorts, Inc.;
File date: 2004-11-21;
Total assets: 1,396.5;
Total liabilities: 1,482.9;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: Shreveport Capital Corporation;
File date: 2004-10-30;
Total assets: 141.7;
Total liabilities: 164.1;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: eB2B Commerce Inc.;
File date: 2004-10-27;
Total assets: NA;
Total liabilities: NA;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: ATA Holdings Corporation;
File date: 2004-10-26;
Total assets: 651.1;
Total liabilities: 1,571.6;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement: Yes.
Company name[A]: Epicus Communications Group, Inc.;
File date: 2004-10-25;
Total assets: 7.6;
Total liabilities: 16.9;
DB Obligations at Bankruptcy[B,C,D]:(NULL);
Other postretirement benefit obligations at bankruptcy[B,C]:(NULL);
Collective bargaining agreement:(NULL).
Company name[A]: Huffy Corporation;
File date: 2004-10-20;
Total assets: 293.0;
Total liabilities: 220.3;
DB Obligations at Bankruptcy[B,C,D]: 110.4;
Other postretirement benefit obligations at bankruptcy[B,C]: 4.2;
Collective bargaining agreement: Yes.
NA = Not Available:
[A] Company data may include information on all of its operating
subsidiaries.
[B] Benefit obligations may not be comparable across companies, because
companies may have used different assumptions in calculating these
obligations.
[C] Blank cells means that no DB benefit obligations or OPEBs for non-
executives were reported.
[D] Some of the DB plans may have been terminated prior to bankruptcy.
Source: GAO review of SEC 10-k filing data for the most recent year
available prior to employer's bankruptcy filing and PACER documents.
[End of table]
[End of section]
Appendix III: Comments from the Pension Benefit Guaranty Corporation:
PBGC:
Protecting America's Pensions:
Pension Benefit Guaranty Corporation:
1200 K Street, N.W.,:
Washington, D.C. 20005-4026:
Office of the Director:
SEP 04 2007:
Barbara D. Bovbjerg, Director:
Education, Workforce, and Income Security Issues:
U.S. Government Accountability Office:
Washington, D.C. 20548:
Dear Ms. Bovbjerg:
Thank you for the opportunity to comment on the draft version of your
report entitled, "Employer-Sponsored Benefits: Many Factors Affect the
Treatment of Pension and Health Benefits in Chapter 11 Bankruptcy."
We especially appreciate your work in reviewing the factors that may
impact decisions to seek to terminate a defined benefit pension plan or
modify its provisions during the bankruptcy process. Your efforts are
particularly noteworthy given the complexity of the subject.
PBGC is monitoring the effects of both Bankruptcy Abuse Prevention and
Consumer Protection Act and Pension Protection Act of 2006 on PBGC's
insurance programs. To help protect those programs, PBGC actively
monitors the financial health of plan sponsors that are in or facing
bankruptcy as well as related corporate transactions.
We look forward to continuing to work with your office in highlighting
matters which may impact the defined benefit pension plans which PBGC
insures.
Signed by:
Charles E. F. Millard:
Interim Director:
[End of section]
Appendix IV: GAO Contacts and Staff Acknowledgments:
GAO Contacts:
Barbara D. Bovbjerg, Director (202) 512-7215:
Staff Acknowledgments:
The following staff members made major contributions to this report:
David R. Lehrer, Assistant Director; Nyree M. Ryder, Analyst-in-Charge;
Mee-Yong Rao; John J. Larsen; Susannah L. Compton; Gloria Hernandez-
Saunders; Walter K. Vance; and Craig H. Winslow.
[End of section]
FOOTNOTES
[1] In this report, we refer to companies that filed for chapter 11
protection under the Bankruptcy Code as employers. In the legislation,
these employers are referred to as debtors, and if the management of
such employers continue to operate the business during the pendency of
the chapter 11 case, they are also referred to as debtors in
possession.
[2] DB plans generally provide a guaranteed pension based on salary and
years of service, and are often provided as part of a collective
bargaining agreement (CBA)--a written agreement or contract between an
employer and a union that includes provisions on conditions of
employment and the procedures to be used in settling disputes during
the term of the contract. Employers may also offer a defined
contribution (DC) plan in which the employer, participants, or both
make contributions to an individual account, and the benefits are paid
based on the contributions to and investment returns on this account.
[3] For detailed information on the 115 employers we reviewed, see
appendix II.
[4] While we refer to "health benefits," which are a focus of this
report, the Bankruptcy Code requires court approval for modification of
retiree medical, surgical, or hospital care benefits, and any retiree
benefits in the event of sickness, accident, disability, or death. 11
U.S.C. § 1114(a) and (e).
[5] 29 U.S.C. § 141 et seq.
[6] 45 U.S.C. § 151 et seq.
[7] The benefits that employers offer are not mutually exclusive. For
example, one employer may offer (and seek to change) pension benefits,
retiree health benefits, and benefits covered under a collective
bargaining agreement. In total, 15 employers sought to change at least
some of their benefits.
[8] While we refer to "health benefits," which are a focus of this
report, the Bankruptcy Code requires court approval for modification of
retiree medical, surgical, or hospital care benefits, and any retiree
benefits in the event of sickness, accident, disability, or death. 11
U.S.C. § 1114(a) and (e).
[9] In the event of the elimination or substantial elimination of
health benefits during bankruptcy, covered employees and retirees must
be offered continuation coverage at their own expense. 29 U.S.C. §§
1161-1167. If an employee's or retiree's spouse has access to an
employee health plan, coverage may also be available through it.
[10] Courts may consider various criteria in evaluating the balance of
equities, including the likelihood of an employer’s liquidating if the
CBA is not rejected or other creditors’ claims.
[11]The National Labor Relations Act is the primary law governing
relations between unions and employers in the private sector. In the
airline and railroad industries, labor relations are regulated by the
Railway Labor Act (RLA). Under the RLA, CBAs do not expire but, rather,
become amendable.
[12]This includes the 115 companies that we reviewed.
[13]A recent case concerning Dana Corporation dealt with KERPs. The
Bankruptcy Court for the Southern District of New York ruled that the
original proposed incentive plan was a “pay to stay” retention plan
subject to the restrictions established by BAPCPA and not a “produce
value for pay” plan, i.e., a true incentive plan. In re: Dana Corp.,
351 B.R. 96 (Bankr. S.D.N.Y. 2006 ). Dana modified its plan by
incorporating more stringent performance targets, and the court
approved it. In re: Dana Corp., 358 B.R. 567 (Bankr. S.D.N.Y. 2006 ).
[14]See GAO, Commercial Aviation: Bankruptcy and Pension Problems Are
Symptoms of Underlying Structural Issues, GAO-05-945 (Washington, D.C.:
Sept. 6, 2005).
[15]See GAO, Employer-Sponsored Health and Retirement Benefits: Efforts
to Control Employer Costs and the Implications for Workers, GAO-07-355
(Washington, D.C.: Mar. 30, 2007).
[16]The maximum amount that PBGC guarantees is set each year under
provisions of ERISA. This guarantee amount may be higher or lower, in
part depending on the age of the individual receiving benefits.
[17]Pilots typically have higher pension accruals and retire at an
earlier age. These two factors contribute to a potential reduction in
their pension benefits when they are derived from PBGC.
[19]VEBA’s are trusts that an employer may establish to fund retiree
health benefits such as medical, dental, disability, severance, and
life insurance. According to Treasury, VEBA assets are not available to
creditors in bankruptcy.
[19]The HCTC is available to individuals age 55 or over who are
currently being paid PBGC benefits or received a lump sum from PBGC
after August 5, 2002, among other groups. The tax credit can be used to
pay 65 percent of the cost of qualified health insurance.
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