United pilots contract, LOA 12-05 — Long Term Disability Plan Transition
1. Pilots Receiving PDI Plan or LOL/LTD Plan Benefits As of Effective Date. Any Pilot receiving benefits under the PDI Plan or LOL/LTD Plan immediately prior to the Effective Date of the Agreement shall continue to receive such benefits under the terms of such plan. If any such Pilot returns to Active Service (even for one (1) day), thereafter the Pilot shall be automatically eligible to participate in the Pilot LTD Plan in accordance with its terms and shall no longer be eligible to participate in the PDI Plan or LOL/LTD Plan, as applicable. The following duration of benefits rules shall apply to Pilots receiving benefits under the PDI Plan or the LOL/LTD Plan on the Effective Date of the Agreement:
(a) Duration of Benefits – PDI Plan Post-12/13/07 Disableds.
For any Pilot who commenced benefits under the PDI Plan on or after December 13, 2007, such Pilot shall be paid to the legally-mandated retirement age or, if earlier, the date on which the Pilot ceases to be permanently grounded and returns to Active Service as a Pilot.
(b) Duration of Benefits – PDI Plan Pre-12/13/07 Disableds.
For any Pilot who commenced benefits under the PDI Plan prior to December 13, 2007 and is still receiving benefits as of the Effective Date of the Agreement, the Company shall file for a declaratory judgment in the United States District Court for the Northern District of Illinois to seek a binding court decision as to the ADEA requirements regarding minimum legally permissible duration of PDI Plan benefits for pre-December 13, 2007 disabled Pilots. Pending a judicially final decision on the Company’s request for declaratory relief, the Agreement between the Company and the Association dated April 3, 2009 (the “Stand- Still Agreement”) shall remain in effect and the Company agrees that it shall not, prior to such judicially final decision, exercise its right under Paragraph 8 of the Stand-Still Agreement to terminate said Agreement. For purposes of this Paragraph, a “judicially final decision” is a decision of the United States District Court which, if appealed, has been sustained on appeal, or as to which the time for appeal or petition for certiorari has expired.
(c) Duration of Benefits – LOL/LTD Plan 4/1/05 to 12/13/07 Disableds.
For any Pilot who commenced benefits under the LOL/LTD Plan on or after April 1, 2005 but prior to December 13, 2007, and whose benefits are scheduled to cease at age 60, the Company shall treat such Pilot the same as Pilots described in (b) above, including paying such Pilots LOL/LTD benefits during the pendency of the federal declaratory judgment action described in (b) above, pending a judicially final decision (as defined in (b) above).
(d) Duration of Benefits – LOL/LTD Plan for All Other Disableds.
For any Pilot, other than a Pilot in (c) above, receiving benefits under the LOL/LTD Plan as of the Effective Date of the Agreement, such Pilot shall receive benefits until the legally- mandated retirement age or, if earlier, the date on which the Pilot recovers from disability and returns to Active Service.
2. Transitional Coverage Rules.
(a) A Pilot on any leave of absence as of the Effective Date of the Agreement may commence participation in the Pilot LTD Plan by presenting his FAA First Class Medical Certificate (or FAA Second Class Medical Certificate, if sufficient to qualify for current bid status) and paying the Pilot portion of the contribution as set forth in Section 24-H-2-b of the Agreement. In that case, in the event the Pilot becomes disabled while still on leave, the Pilot shall be entitled to benefits under the Pilot LTD Plan. A Pilot may also elect not to participate during the leave of absence by declining to pay the required contribution and instead may re-enter the Plan automatically upon return to Active Service by presenting his FAA First Class Medical Certificate (or FAA Second Class Medical Certificate, if sufficient to qualify for current bid status, provided the Pilot relying on a Second Class Certificate returns to Active Service within twelve (12) months following the Effective Date of this
Agreement). In that case, in the event the Pilot becomes disabled while still on leave, the Pilot shall not be entitled to benefits under the Pilot LTD Plan.
(b) A Pilot absent on the Effective Date of the Agreement due to sickness (not on a leave of absence) is an Active Pilot and shall be treated as such under the terms of Section 24-H of the Agreement. A Pilot who was covered under the Prior UAL CBA and who on the Effective Date of the Agreement is absent due to sickness (including an illness or medical leave of absence) or vacation and ineligible to enter the Pilot LTD Plan on the Effective Date (due to lack of required Medical Certificate), such Pilot shall continue to be eligible for coverage under the PDI Plan (and STD Plan) unless and until (i) such Pilot returns to Active Service or (ii) becomes eligible for the Pilot LTD Plan due to regaining the required medical certificate. If (i) or (ii) occurs, the Pilot shall no longer be eligible for coverage under the PDI Plan and shall instead be eligible for coverage under the LTD Plan to the extent provided under Section 24-H of the Agreement. If the Pilot becomes eligible for benefits under the PDI Plan prior to the occurrence of (i) or (ii) (i.e., is permanently grounded), benefits shall be payable until the legally-mandated retirement age or, if earlier, the date on which the Pilot ceases to be permanently grounded and returns to Active Service as a Pilot. If any such permanently grounded Pilot returns to Active Service (even for one day), thereafter the Pilot shall be automatically eligible to participate in the Pilot LTD Plan in accordance with its terms and shall no longer be eligible to participate in the PDI Plan.
3. Transitional Benefit Rules.
Subject to Paragraph 2 of this Letter of Agreement, if the Pilot’s date of disability as determined by the LTD Administrative Committee is prior to the Effective Date of the Agreement, benefits shall be determined under the PDI Plan or LOL/LTD Plan, whichever is applicable, in which case benefits shall be payable until the legally-mandated retirement age or, if earlier, the date on which the Pilot ceases to be permanently grounded or disabled, as applicable, and returns to Active Service as a Pilot. Otherwise, benefits shall be determined under the Pilot LTD Plan. The LTD Administrative Committee may determine, subject to the rights of review provided under the Plan and under Section 24-J-6 of the Agreement, that with respect to a particular Pilot a date other than the date of disability is more appropriate in determining under which plan benefits should be paid. If such Pilot is determined to be covered under the PDI Plan or LOL/LTD Plan and has made contributions to the Pilot LTD Plan in accordance with Paragraph 2 of this Letter of Agreement, then the LTD Administrative Committee shall refund any such contributions to the Pilot, and, in the case of a Pilot who is to receive benefits under the LOL/LTD Plan, such Pilot shall not be required to pay any contributions to the LOL/LTD Plan attributable to any period commencing on or after the Effective Date of the Agreement.
4. Pilots Owing Amounts to the PDI Plan or LOL/LTD Plan.
A Pilot who, as of the Effective Date of the Agreement, owes any overpayment to the PDI Plan or the LOL/LTD Plan (or to the Company with respect thereto) shall not be eligible for coverage under the Pilot LTD Plan unless the Pilot has repaid, is in the process of repaying (and continues to do so), or commences repaying (and continues to do so) such overpayment in accordance with the terms of the PDI Plan or LOL/LTD Plan, as applicable, or the Prior CAL CBA or Prior UAL CBA as
applicable. Any Pilot paying LOL/LTD Plan back premiums shall, as of the Effective Date of the Agreement, cease to owe any further back premiums under the LOL/LTD Plan provided the Pilot was making payments as required under the Pilot’s payment plan immediately prior to the Effective Date. Any Company contributions relating to back premiums shall also cease as of the Effective Date of the Agreement.
5. Recurring Disability.
For a Pilot who returns to Active Service from receiving disability benefits that commenced prior to the Effective Date of the Agreement, becomes covered under the Pilot LTD Plan, and then goes back out on disability for the same disability within twenty four (24) months, the LTD Administrative Committee shall determine whether the Pilot is subject to the waiting period under the Pilot LTD Plan by applying the Pilot LTD Plan’s recurring disability and waiting period rules as if the Pilot had been covered under the Pilot LTD Plan prior to the Effective Date of the Agreement.
6. Administrative Committees.
For the first thirty-six (36) months following the Effective Date the Administrative Committee of the LOL/LTD Plan (the “LOL/LTD Administrative Committee”) shall continue in existence and a new Administrative Committee shall be established for the Pilot LTD Plan (the “LTD Administrative Committee”) in accordance with the following:
(a) the Association members of the LTD Administrative Committee shall include one Pilot who was covered by the Prior CAL CBA and one Pilot who was covered by the Prior UAL CBA; and
(b) the LOL/LTD Administrative Committee shall have the powers and duties set forth in the Prior CAL CBA and the LOL/LTD Plan, and the Association members (but not necessarily the alternates) of the LOL/LTD Administrative Committee shall be Pilots who were covered by such agreement.
(c) From and after the Effective Date of the Agreement, all determinations required by this LTD Transition Agreement, or regarding its interpretation or application, shall be made by the LTD Administrative Committee, subject to review as provided in Sections 24-H-17 and 24-J-6 of the Agreement.
After thirty-six (36) months, the LOL/LTD Administrative Committee shall merge into the LTD Administrative Committee and thereafter be subject to the provisions of Section 24-H-16 (Administrative Committee) and have authority over both the LOL/LTD Plan and the Pilot LTD Plan.
7. Opt-Outs Following Automatic Enrollment.
For automatic enrollments pursuant to Section 24-H-1 of the Agreement that occur upon the Effective Date of the Agreement, any Pilot who files an opt-out election in accordance with the LTD Administrative Committee’s process within ninety (90) days following the Effective Date of the Agreement shall be retroactively disenrolled from the Pilot LTD Plan and have any Pilot premiums refunded and current-year imputed income reversed. The Company shall provide the Association with a list of Pilots who opt-out under this provision upon request of the Association.
8. Transition.
The Company and the Association shall meet and agree regarding disability plan transition issues throughout implementation of Pilot LTD Plan, including development of required Pilot contributions and appropriate communications, and commit to transparent communication and sharing of information regarding disability transition issues.
9. The parties agree to the following regarding the "HIMS Benefit":
(a) Section 24-H-13 of the collective bargaining agreement between the Company and the Association (the "CBA") provides a special drug, alcohol, and substance abuse benefit (the "HIMS Benefit") for Pilots disabled on or after December 30, 2012 who participate in the Company's HIMS/EAP drug, alcohol, and substance abuse treatment program (the "HIMS Program"). The HIMS Benefit under Section 24-H-13 is limited to a lifetime maximum of 24 months. Pilots who receive the HIMS Benefit are also entitled to receive certain other benefits as provided in Section 24-H-14.
(b) The Company and the Association hereby agree that, effective February 1, 2013, the group of Pilots eligible for the provisions of Section 24-H-13 shall include the Pilots described in (i). below on the terms set forth in (ii). through (v). below:
i. The HIMS Benefit under Section 24-H-13 shall be paid to any otherwise eligible Pilot whose disability date occurred prior to December 30, 2012, but who participates in the HIMS Program on or after February 1, 2013 (a "pre-CBA Pilot"), provided the Pilot continues to comply with all HIMS Program requirements.
ii. The HIMS Benefit paid to a pre-CBA Pilot (including any required gross-up for taxes) shall be paid for by the LTD Plan and not by the Company (except to the extent, if any, that the cost of providing the HIMS Benefit to pre-CBA Pilots is reflected in future Company and Pilot contributions to the LTD Plan), even if the Pilot is not otherwise a participant in the LTD Plan or the predecessor sUA or sCO disability plans.
iii. The HIMS Benefit for a pre-CBA Pilot shall not be payable for any month of participation in the HIMS Program prior to February 1, 2013.
iv. The HIMS Benefit for a pre-CBA Pilot shall count against the Pilot's maximum 24 months of HIMS Benefit under Section 24-H-13, provided, however, that no period of disability prior to February 1, 2013 shall count against the 24 month maximum.
v. The provisions of Section 24-H-14 shall apply to a pre-CBA Pilot while receiving the HIMS benefit under this Letter of Agreement. The cost of benefits under Section 24-H- 14 shall be borne as provided in the first sentence of said Section and not by the LTD Plan.
vi. The Company and the Association will ensure that the modification to the HIMS Benefit reflected herein will be a benefit of the LTD Plan.
10. “PDI Plan”.
The term “PDI Plan” means the United Pilot Disability Income Plan as in effect immediately before the Effective Date of the Agreement.
(a) This subparagraph 10(a) shall apply to Workers' Compensation settlements and awards that occurred on or after December 1, 2011.
i. For purposes of Section J(2)(b) of LOA 03-16, the term “Workers' Compensation income benefits” shall include the following types of settlements or awards:
a. Temporary total disability benefits (e.g., Section 8(b) of the Illinois Workers Compensation Act ("IWCA)) , reduced by the amount, if any, returned by the Pilot to the Company pursuant to Section 13-A-7 of the Pilots' Agreement and further reduced by any amount recovered by the Company or its insurer pursuant to its right of subrogation under Section 5(b) of the IWCA.
b. Maintenance benefits (e.g., Section 8(a) of the IWCA)
c. Temporary partial disability benefits (e.g., Section 8(a) of the IWCA)
d. Wage differential 10ss benefits (e.g., Section 8(d)(I) of the IWCA)
e. Loss of a person as a whole (e.g., Section 8(d)(2) of the IWCA) will be offset at 25% of the award
f. Permanent total disability benefits (e.g., Section 8(f) of the IWCA)
With respect to subsections (d), (e) and (f) above, in the case of a lump sum settlement or award, the amount of the monthly offset shall be determined as a pro rata amount as follows. The Pilot's life expectancy shall be determined based upon the applicable mortality table pursuant to Internal Revenue Code Section 417(e)(3)(B). The pro rata portion of the lump sum settlement or award to be applied as an offset is calculated using: (i) a numerator that is the difference between the payment date of the lump sum settlement or award and the date that the Pilot will have received all POI benefits (measured in months and tenths of months); and (ii) a denominator that is the difference between the payment date of the lump sum settlement or award and the Pilot's projected date of death (measured in months and tenths of months). The resulting fractional portion of the lump sum settlement or award is then divided by the number of months of PDI payments until the Pilot will have received all POI payments. The foregoing shall not apply to any portion of a lump sum settlement or award that is a retroactive settlement or award.
ii. For purposes of Section J(2)(b) of LOA 03-16, the term "Workers' Compensation income benefits" shall exclude settlements or awards for Specific loss (e.g., Section 8(e) of the IWCA).
iii. Awards of attorneys' fees and related expenses will be an offset, up to a maximum of 50% of such award. In the case of lump sum settlements or awards, the amount of the monthly POI offset will be determined in accordance with the methodology set forth in the final paragraph of Section 1 above.
iv. The 2010 PDI Offset LOA from the subsidiary UAL Agreement regarding optional waiver of any Workers' Compensation income benefits offset to POI remains in effect.
v. For any offset to POI benefits (not just Workers' Compensation income benefits), the offset shall reduce the POI monthly benefit and then such reduced amount shall be paid to the Pilot, subject to any applicable state or federal taxes.
vi. Offset of Workers' Compensation awards and/or settlements in jurisdictions other than Illinois shall be determined and applied, as nearly as reasonably possible, consistent with this subparagraph 10(a).
(b) This subparagraph 10(b) shall apply to erroneous benefit payments under the United Pilot Disability Income Plan (as maintained pursuant to the 2003 Pilot Agreement and as continued for the benefit of certain legacy United Pilots under this Letter of Agreement (Long Term Disability Plan Transition), in accordance with the following provisions:
i. General Principles:
a. This process will apply to correction of erroneous benefit payments as follows:
1. correction of any erroneous benefit payment occurring on or after October 15, 2013;
2. with respect to correction of erroneous benefit payments under the circumstances described in subparagraphs 10(b)(ii)(b)(1) and 10(b)(ii)(b)(2) below, any erroneous benefit payment occurring on or after July 1, 2012 and before October 15, 2013 of which the Company or its Claims Administrator first becomes aware on or after October 15, 2013 and prior to December 15, 2013;
3. with respect to correction of erroneous benefit payments under the circumstances described in subparagraph 10(b)(ii)(b)(3) below, any erroneous benefit payment occurring prior to October 15, 2013 of which the Company or its Claims Administrator first becomes aware on or after October 15, 2013; and
4. any erroneous benefit payment identified by the Company or its Claims Administrator on or after October 15, 2011 but prior to October 15, 2013 for which the Company or its Claims Administrator had not, as of October 15, 2013, implemented a corrective adjustment arrangement with the Pilot.
All erroneous benefit payments not described above are barred. Any corrective adjustment arrangements existing as of October 15, 2013, remain in place.
b. This process will constitute the exclusive mechanism for correcting erroneous POI benefit payments, i.e., no other collection techniques will be used, except where expressly permitted after cessation of POI benefit payments in this process. This procedure does not apply to correction of erroneous payments of any other type of benefits, wages, etc.
c. There will be no reduction of PDI benefits to recoup any overpayment of anything other than PDI benefits.
d. Corrective benefit adjustments will not commence (or will be suspended) from the date a grievance is filed with respect to an alleged erroneous benefit payment until issuance of a System Board award, provided that the grievance is scheduled for a
System Board hearing on a date that is no later than 180 days following the last date on which ALPA may submit the dispute to the System Board under Section 17 of the Pilot's Agreement.
ii. Notice of Erroneous Payment
a. The Company (or its Claims Administrator) will provide the Pilot and the Chairman of the UAL MEC R&I Committee (or his designee) with written notice of any erroneous benefit payment. The notice will provide details and an explanation of the alleged erroneous payment and show the calculation of the erroneous payment and the amount of the default corrective PDI benefit adjustment.
b. The Pilot's future PDI benefits shall be adjusted in order to correct past erroneous payments, subject to the following:
1. In the case of an erroneous past payment(s) caused by a miscalculation of PDI benefits and resulting in the benefit payment(s) exceeding the Pilot's actual benefit entitlement, the Company (or its Claims Administrator) must notify the Pilot in writing of the error by the later of: (i) 180 days following the first miscalculated PDI payment; or (ii) December 1, 2013. In such case, the Company (or its Claims Administrator) will propose a reasonable corrective adjustment, which, unless the Pilot agrees to a greater percentage adjustment, shall not reduce the Pilot's PDI monthly benefit amount by more than 20%, net of all offsets (other than the offset for Actual Earnings under the 2010 PDI Offset LOA from the subsidiary UAL Agreement) and net of any other corrective reduction already in place. Failure by the Company or its Claims Administrator to issue a notice of erroneous payment within the time permitted by this subparagraph 10(b)(ii)(b)(1) shall constitute a waiver of the Company's right to correct future payments.
2. In the case of an erroneous payment caused by a failure to offset Workers' Compensation income benefits under Section J(2)(b) of LOA 03-16, the Company or its Claims Administrator must notify the Pilot in writing of the failure to offset by the later of: (i) 180 days following the date on which the offset should first have been applied; or (ii) December 1, 2013. In such case, the Company (or its Claims Administrator) will propose a reasonable corrective adjustment, which, unless the Pilot agrees to a greater percentage reduction, shall not reduce the Pilot's PDI monthly benefit amount by more than 20%, net of all offsets (other than the offset for Actual Earnings under the 2010 PDI Offset LOA from the subsidiary UAL Agreement) and net of any other corrective reduction already in place. Notwithstanding the foregoing, in the case of a settlement or award of Workers’ Compensation income benefits providing for retroactive payment of benefits, the 180 day period in clause (i) shall run from the date of the retroactive settlement or award and "30%" shall be substituted for "20%" in the preceding sentence. Failure to provide notice of failure to offset within the time permitted by this Subsection (b) shall constitute a waiver of the Company's right to correct future payments.
3. In the case of an erroneous benefit payment caused by failure to offset any other amounts referred to under Section J(2) of LOA 03-16, the Company or its Claims Administrator must notify the Pilot in writing of the failure to offset by the later of: (i) 180 days following the earliest date on which the Company or its Claims Administrator knew, or reasonably should have known, of the facts giving rise to the erroneous benefit payment; or (ii) December 1 , 2013 . In such case, the Company or its Claims Administrator shall propose a reasonable corrective adjustment which, unless the Pilot agrees to a greater percentage reduction, shall not reduce the Pilot's PDI monthly benefit amount by more than 30%, net of all offsets (other than the offset for Actual Earnings under the 2010 PDI Offset LOA from the subsidiary UAL Agreement) and net of any other corrective reduction already in place.
4. Notwithstanding anything in the foregoing or elsewhere in this process to the contrary, in the case of an erroneous benefit payment(s) resulting in the Pilot receiving less than the PDI benefit to which he or she is actually entitled, the Pilot's future benefit payments will be adjusted to the correct actual benefit entitlement, and all amounts due to the Pilot as a result of past erroneous payments will be paid in a single lump sum amount, as soon as administratively practicable (not more than 60 days) after discovery of the error.
c. In the case of a Pilot who either fails to respond within 60 days to the Company’s or Plan Administrator’s written notice or who refuses to agree to any corrective adjustment, the Company or its Plan Administrator shall have the authority to implement such corrective adjustment as it or they deem appropriate, subject to the limitation that no corrective adjustment shall result in a reduction to the Pilot's future PDI benefits in excess of the maximum amount described above for the applicable type of error, plus 5%. The Company or its Claims Administrator will promptly give the Pilot written notice of the corrective adjustment which adjustment shall be effective commencing with the first day of the second calendar month following the date of such notice.
d. If the Pilot ceases to qualify for PDI benefits as a result of recovery from disability and return to active service, the Pilot shall make monthly payments to the plan in an amount equal to, and for the same duration as, the corrective adjustment that was in place. In such case, if the Pilot fails to make scheduled payments, the matter will be sent to collections. In addition, if a Pilot whose benefit is subject to a corrective adjustment as a result of circumstances described in subparagraph 10(b)(ii)(b)(2) or (3) above ceases to qualify for PDI benefits as a result of reaching the limiting age for PDI, the Pilot shall make payments to the plan in an amount equal to, and for the same duration as, the corrective adjustment that that was in place and, if the Pilot fails to make scheduled payments, the matter will be sent to collections. In all other cases, if the Pilot ceases to qualify for PDI benefits for any reason, all collection efforts will cease. Notwithstanding anything in the foregoing to the contrary, the Pilot's obligation to make payments, and all collection efforts, will cease in the event of the Pilot's death.
e. The Company and the Association reserve the right, in particular cases, to modify the amount and/or timing of any corrective adjustments to PDI benefits, or payments after cessation of PDI benefits. The Company may, if requested by ALPA, grant reasonable modifications to the corrective adjustment schedule in cases of hardship to the Pilot.
11. Definition of Company.
Notwithstanding anything herein to the contrary, for purposes of this Letter of Agreement the terms “United Airlines” and “Company” include United Air Lines, Inc., Continental Airlines, Inc., and any other affiliate of such entities that sponsors any disability plan referred to herein.
This Letter of Agreement shall be effective on the Effective Date of the Agreement and shall remain in full force and effect concurrent with the provisions of Section 24. References in this Letter of Agreement to “Effective Date” or “Effective Date of this Agreement” refer to the original effective date of the UPA as it pertains to Pilot LTD.
AGREED, this 18th day of December, 2012.
For United Airlines, Inc.: For the Air Line Pilots Association, International:
Captain Fred Abbott Senior Vice President Flight Operations Captain Donald L. Moak President Air Line Pilots Association, International
P. Douglas McKeen Senior Vice President Labor Relations
Captain Jay Heppner Chairman UAL MEC
Captain Jay Pierce Chairman CAL MEC
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 29th day of September, 2023.
FOR UNITED AIRLINES, INC. FOR THE AIR LINE PILOTS ASSOCIATION, INT’L
Z. Michael Jones, Vice President Captain Jason Ambrosi, President Labor Relations Air Line Pilots Association, Intl
Captain Marc Champion Captain Garth Thompson, Chair Vice President Flight Operations United Master Executive Council
Mike Hansen, Managing Director Captain Phil Otis, Chair LR & Labor Economics UAL MEC Negotiating Committee
Captain Mary Ann Schaffer, Captain Andy Riggs, Vice-Chair Managing Director Aviation Safety UAL MEC Negotiating Committee
Captain David Zullo, Director Captain Adrian Rivero, Member Pilot Contract Administration UAL MEC Negotiating Committee
Sarah Nau, Director Labor Relations