[CAUTION: This post contains sound reasoning based on actual facts. If this may disturb you, please back slowly away from your computer, and read no further.]
PobreCarlos, so you don't believe the Judge, who legally oversees the Fund, is responsible, or the Trustees who, as fiduciaries, have a legal responsibility to run the Fund soley in the best interests of the participants are responsible, or the Wall Street "named fiduciaries," who are legally responsible for the Fund's investment decisions, are responsible; but the IBT
is responsible, even though the Fund is a
completely seperate legal entity going back to Feb. 1,1955 when the IBT originally sponsored its creation as an independent Trust Fund? Well isn't that special.
You
do understand that Union Trustees, as fiduciaries, are legally prohibited from acting in the interests of the Teamsters Union? And Employer Trustees, as fiduciaries, are legally prohibited from acting in the interests of their respective employers? You
do understand that UPS signed documents appointing all the Employer Trustees as their representatives, and also ratifies the actions of the Board of Trustees, so long as they are acting within the Law? The Employer Trustees are UPS' representatives, just as a hired lawyer is UPS' representative in court, even if the lawyer is not a regular UPS employee, and may also represent UPS' competitors on other occasions.
What I say is spelled out in ERISA, the Law which prescribes in great detail, how the various types of pension and health & welfare funds must operate. . .
http://benefitslink.com/erisa/crossreference.html
I think you're making up the part about Central States telling UPS their Withdrawal Liability was only $4 billion when it was actually $6.1 billion. ERISA provides the formula for calculation of Withdrawal Liability. They just plug in the data and crunch the numbers. Can you post Central State's $4 billion calculation that you claim they gave to UPS?
Withdrawal Liability
is like a mortgage. You get to live in your house and call it your own, even though it is only partially paid for and the rest you owe to the bank. To sell the house and move out you must first finish buying the house in full by paying the remainder of what you owe to the bank. You owed the entire purchase price of the house all along. Announcing that you are moving away triggers the balance to come due.
In the early days of multi-employer pension funds, employers would leave the funds and not pay their Withdrawal Liability because they could legally do that. This left the funds shortchanged, and the rest of the remaining fund's employers had to pick up the slack unfairly. In 1980 Congress mandated that withdrawing employers would have to settle their accounts in full before leaving. They couldn't just leave town and skip out on their debts.
You say that Central States is in financial trouble because the IBT drove some of its contributing employers out of business and the remaining employers had to shoulder the burden the bankrupt contributors left unpaid. There is some truth to this because this is
exactly how multi-employer pension funds are designed. This is their very reason for being! It's an insurance arrangement. All the contributing employers agree to make up the difference if any one employer goes belly-up and can't pay the fund all it owes. In a single-employer fund, if the one and only contributing employer goes bankrupt, the fund is terminated and taken over by the Pension Benefit Guarantee Corporation. In a multi-employer fund like Central States, the other one or two thousand employers pick up the slack. There is safety in numbers. That's why the PBGC's historical records indicate that single-employer funds fail 100 times more often than multi-employer funds. After all, single-employer funds are totally dependent on just their one employer. All their eggs are in one basket.
I sometimes wonder what made UPS join multi-empoyer funds. given they are based on the idea that if UPS successfully puts it various Teamster-represented competitors in the package and freight business into bankruptcy by providing low prices and better service, then UPS must pay a portion of those bankrupt employers' unpaid Withdrawal Liability. Seems to diminsh the financial victory. But UPS has been in numerous such funds for decades, didn't ask this time to withdraw from any but the Central States Fund, and even signed a Memorandum of Understanding that they have such a firm commitment to staying in all the other funds for the next ten years that they won't even suggest leaving, either in negotiations or elsewhere! Go figure.
You say Central States suffers because the Teamsters drove some of its contributing employers out of business, but the Western Conference Pension Fund, which is the largest fund, was 100% funded (or nearly so) during this period. Meaning it had no Withdrawal Liability. Any employer could walk away at any time because those employers were fully paid-up and thus owed nothing additional. Tell me, how can one fund be financially healthy and the other, next door, in trouble, and it all be the fault of the Teamsters driving employers out of business? Some of these employers were nationwide and had operations in both the Central States area and the Western Conference area. With regional employers, some were in one area, others were in the other area. How do you account for the dramatic difference in fund performance when the Teamsters are presumably equally toxic to employers in both areas? Shouldn't the Western Conference Fund be in even worse shape than Central States since it is so much bigger and therefore so much more exposed to the Teamster's harmful effects?
As to UPS's proposal to withdraw from the pension plans in 1997, did you read the actual booklet they sent us? It was a sales job so it didn't have all the details, and it spun everything in a positive way. But if you read it critically, it was a very bad deal. It appeared to offer only a marginally acceptible deal to the handful of members who would be retireing immediately, so as to "buy" their contract ratification vote. The rest of us would be increasingly screwed as time went on. UPS also famously refused to say there would not be a Social Security Offset. That alone would have reduced our pensions a thousand dollars or more an month, and was a deal breaker all by itself.
Ah, the many joys of pension fund analysis.