November 5, 2002: The Central States Pension Fund, in a bulletin to all local unions dated November 2002, has finally made a comment on the sudden removal of Ronald Kubalanza as director. He was replaced on Oct. 16 by Thomas Nyhan, the fund’s general counsel. Unfortunately, the statement gives no reason for Kubalanza’s removal, so it raises more questions than answers.
The bulletin goes on to state that reports that initially appeared in Traffic World of three union trustees stepping down are exaggerated. The fund reports that Ray Cash is stepping down as one of the five union trustees, and that Phil Young has temporarily vacated his seat. They report Young will come back as a trustee, assuming Cash’s position, effective March 31, 2003. Fred Gegare has been appointed to fill the vacant trustee position.
Members deserve answers regarding why the long-time director of the fund was suddenly removed. Lacking honest answers, rumors will continue to spread.
International Union to Issue Report
On Nov. 12 the International Union announced they would retain two firms to perform an independent assessment of the actuarial condition of the Central States Fund. The announcement is clearly timed to try to derail the growing movement of Teamsters demanding pension improvements and relief from unjust re-employment rules.
In fact, the general counsel of the International, Patrick Szymanski, told the St. Louis Dispatch on Nov. 18, “We’re concerned about how hard the union should push for increased pensions, given increased contributions (from employers).” Szymanski, whose firm is paid millions of dollars per year by our union, seems to know the result of their “study” in advance: no pension increases for members. He didn’t publicly comment on the re-employment rule or the increases in payments for retiree health care.
The Central States Fund — like almost all pension plans — has lost assets with the decline of the stock market in recent years.
The officers-only pension plan that covers all International officials and top staff, including Hoffa, Phil Young, (and yes, their attorneys) has no re-employment restrictions whatsoever. It is very much more generous than the Central States Fund, and its benefits go up every time salaries go up, which is every year. It also provides free health benefits for life.
The International Union says the study should be completed early in 2003. We urge them to release the entire study – which members are paying for – not just press releases.
Class Action Lawsuit to Challenge Reemployment Rule
Local Unions Speak Out On Pensions
July 15, 2002: The pressure is on! The Central Pennsylvania Teamster Pension Reform Committee is a force that will not be denied. Through lawsuits, mass meetings, media exposure, petitions, contact with influential public officials and regulatory agencies, tough questioning at union meetings and membership education, the committee has created a situation where the Teamsters, from Hoffa on down, have to deal with their critical pension problem.
For Teamsters in the Central Pennsylvania pension plan, any pension credits they have accrued prior to 1987 are in a defined benefits (DB) plan. Since 1987, the benefits are in a defined contribution (RIP) plan. When the switch was made all participants were assured by the fund trustees that the old DB plan was fully funded. The trustees were dead wrong. The old DB plan is anywhere between $103 and $160 million underfunded, with no additional revenues coming into it.
To make matters worse the trustees have botched up investments in good times and in bad. They are completely discredited in the eyes of the rank and file.
How to make up the money they need for the DB fund? The trustees have an idea — a bad one. Rather than going after the companies, they want to take from 20 to 35 percent, depending on age and years of service, of the pension contributions paid on behalf of fund participants under the age of 51 and divert that RIP money into the old DB plan to make up the deficit. Since the legality of such a move (taking one person’s guaranteed pension money and giving it to someone else) is highly dubious, this money is being held in an escrow account for the time being.
Facing a rank and file revolt, the Hoffa administration is pressing the Upstate New York pension fund to take the fund over. A formal proposal from the Upstate New York plan is expected within weeks. The Reform Committee, which has recently held mass meetings in Milton, Scranton and Harrisburg and has another scheduled for Reading, vows to carefully scrutinize the Upstate New York proposal.
July 15, 2002: Many Teamsters rely on their pension benefits to provide for a secure retirement. But recent events like the crisis in the Central Pennsylvania Teamsters Pension Fund and health benefit rollbacks in the Central States and New England funds (see related stories) have Teamsters asking a lot of questions about the security of those benefits.
This article answers some frequently-asked questions about our Teamster benefits. Please note that these answers are only general guidelines, and each pension plan is different. If you have a specific question about your plan, webmaster [at] tdu.org (contact TDU).
What are the different kinds of Teamster pensions?
Teamsters are generally covered by two types of pension plans: defined benefit and defined contribution.
With a defined benefit plan, your retirement benefit is a guaranteed amount, linked to your age and/or the number of years for which your employer has made contributions to the pension fund on your behalf (known as years of contributory credit). For example, Central States fund participants get $2,500 per month with 25 years of contributory credit at age 57. In the West, benefits are based on a PEER system, where you become eligible once your age and years of contributory credit add up to a certain number, currently 80. Many plans now also offer retirement benefits linked solely to years of contributory credit, like the 25-and-out benefit in the Central States.
With a defined contribution plan, your employer contributions are held in an account and invested by the fund on your behalf until you retire. Your benefit is based on how much money has accumulated in your account. Depending on how your money has been invested and what the economy is like when you retire, your benefit level can vary quite substantially.
Employers generally prefer defined contribution plans, as they pass the risk for your retirement on to you. If the stock market dips a few months before you retire, or if the plan administrators mismanage the fund (as in the case of the Central Pennsylvania fund) your employer has no responsibility for making up for the shortfall.
How can our pension plan trustees be held accountable?
This depends on whether your plan is a single company plan or a multi-employer plan which is jointly managed by an equal number of union and company trustees.
If you are covered by a company plan, your plan is controlled by the company, which makes it easier for the company to use your money for their own interests, and harder for you to do anything about it. That’s why UPS tries to get Teamsters into their company plan.
Multi-employer plans are jointly controlled by the companies and the union, which allows for more member accountability.. Union trustees of most smaller Teamster pension plans are usually officers of the local union. But in larger plans union trustees are appointed officials who themselves hold multiple lucrative pensions and are shielded from accountability. For example, in the West, trustees are selected by the heads of the Joint Councils in the plan. In the Central States, trustees are selected by an official from each state in the plan.
It is possible to make your trustees sit up and listen though, as our brothers and sisters in Central Pennsylvania are showing.
Health coverage in Central States just tripled in cost.
What can we do about it?
Central States, along with many other Teamster pension plans, has been warning retirees about the rising cost of health coverage for some time now. But the trustees proposals for dealing with the problem just stick members with the tab, resulting in a net cut in benefits.
There is a way to address rising health costs while protecting members benefits that our union trustees refuse to talk about. The solution is to negotiate sufficient employer contribution rates for our pension and health and welfare funds in upcoming contract talks. This requires a more coordinated bargaining strategy. With our union currently bargaining on economic issues with UPS, which will set the pattern for freight and carhaul next year, now’s the time to push for decent employer contribution rates to restore retiree health coverage.
I want to keep working after I retire, but I’m worried that I might lose my pension benefits. How can I avoid that?
It used to be that Teamsters looked forward to retirement as a well-deserved rest after a career of hard work. But today, Teamsters are retiring younger and staying active. Many take early retirement and start a second career.
Unfortunately, our Teamster pension plans refuse to change with the times. They impose overly restrictive re-employment rules that severely limit retirees choices of second careers. Central States has gone so far as to say that “The Pension Fund ... was designed to provide a retirement income, not supplemental income.”
While re-employment rules make sense to the extent that they keep retirees from putting their Teamster-related skills to work for the nonunion competition, the current rules are so restrictive that they end up denying retirees the right to earn a living. The rules are even more outrageous when compared to those for the lucrative officials-only pension plans that cover many union trustees. These plans have virtually no re-employment rule, and even allow officials to retire and work for management.
To protect yourself if you’re working after retirement, seek advice before filling out any forms for your fund related to re-employment. Every case is different, and you could be denied benefits unfairly simply because of how you word your job description, even if your job is legal under the funds regulations.
How can I protect my pension benefits?
Education and documentation are the key. Share this article with your co-workers, and educate yourself about how your plan works. Request all plan documents and financial information youre entitled to (see the Convoy article on “Your Right to Union Documents and Financial Information” to find out which documents, or go to the Department of Labor’s pension website at http://www.dol.gov/pwba/pubs/youknow/know2.htm#disclose).
Keep a paper trail so you can prove what benefits youre entitled to. Keep all your pay stubs and a copy of every contract you work under. Keep lists of the Teamster companies you work for, along with the names of your supervisors. Request your personal summary of plan benefits from your pension fund (they should send this to you every year), and make sure the funds records correspond with yours.
Teamsters in some areas have organized Pension Improvement Committees to safeguard their benefits and advocate for improvements. webmaster [at] tdu.org (Contact TDU) to find out how.
April 30, 2002: The latest wrinkle in the fight to salvage decent pensions from the troubled Central Pennsylvania Pension Fund is a proposed merger with the New York State Fund. This is a position being pushed by the International union and six of the eight local unions involved. The proposal is being resisted by Reading Local 429, the pension fund’s controlling local and Allentown Local 773.
On July 17 the actuaries from the New York State Fund, the Central Pennsylvania Fund and an actuary appointed by the IBT met to discuss the feasibility of such a merger. Audits on both funds have reportedly been completed but the results have yet to be released. Sentiment among the rank and file is running heavily in favor of the merger due to a complete lack of trust in the Central Pennsylvania Fund.
Members Say ‘Do It Right, Not Fast’
The leaderships of the six locals supporting the merger are pushing for a quick completion of the merger. But the leadership of the rank and file Central Pennsylvania Teamster Pension Reform Committee is more concerned with getting it done right than with getting it done fast.
There are many unanswered questions about the merger and the committee wants to get a full and complete understanding of what such a merger would mean and to make sure the numbers add up. They are demanding transparency, accountability and full disclosure before any final decisions are made.
Meanwhile, in an apparent last ditch effort to shore up some support for their keeping control of the fund, the Central Pennsylvania Pension trustees are now offering freight and UPS Teamsters a $3,100 a month benefit for 25 years of service at age 57. Based on their past performance, no one believes anything they have to say anymore.