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March 02, 2007



Spring Introduction Possible for Bill Making Technical Corrections to PPA

The House Education and Labor Committee may hold hearings in March on a technical corrections bill, while the Senate Finance Committee may consider such a bill in the Spring, aides told BNA Feb. 28.

“While only tentative, we're looking at holding hearings in the next month or so to address technical corrections to the Pension Protection Act (Pub. L. No. 109-280),” Aaron K. Albright, press secretary for the committee, told BNA.

Also on Feb. 28, an aide to Senate Finance Committee Chairman Max Baucus (D-Mont.), confirmed that the committee's staff was currently working on technical corrections to the PPA and that a bill is expected to be filed this spring.

Asked whether the anticipated legislation, to amend nonsubstantive errors in the PPA, would include additional pension-related provisions, Sen. Michael B. Enzi (R-Wyo.), ranking member of the Senate Health, Education, Labor and Pensions Committee told BNA Feb. 27, “Technical corrections can't have new provisions.” He also said it was too early to tell whether the technical corrections bill would be accompanied by separate, pension-related legislation, or when either could be expected.

“The way I work these bills is to talk to all the people who are involved--that's thousands--about pensions, and we are doing that. We're having stakeholders' meetings.” He added, “I've had staff people, who have never quit working on pensions” since PPA was enacted on Aug. 17, 2006.

Sen. John Cornyn (R-Texas) told BNA he remained interested in ensuring that promised airline-related corrections occur. “I know of no specific timeframe although I know that sooner is better because of the disadvantage that some Texas-based airlines were placed under as a result of the earlier pensions bill that this correction would remedy. But I don't know about any particular deadlines.”

The PPA allowed some airlines to spread their pension funding over an additional 17 years and under more stable, long-range terms, but Sens. Cornyn and Kay Bailey Hutchison (R-Texas) complained the bill favored certain airlines--in the way it treated amortization periods and interest rates--over others in similar underfunded situations. At issue was how much the legislation extended the seven-year implementation period required under the PPA's stricter funding rules for airlines that have placed a so-called “hard freeze” on their pension plans, versus those whose plans were put in a “soft freeze” status.

Atlanta-based Delta Air Lines Inc. and Minneapolis/St. Paul-based Northwest Airlines, were operating in bankruptcy at the time the PPA was passed, Hutchison noted, while Texas-based American Airlines and Continental Airlines are not. The Texas senators charged that airline relief provisions in the bill gave Delta and Northwest (hard freeze) an unjust competitive advantage with a total of 17 years over American and Continental (soft freeze) that will only have 10 years to amortize their underfunded liabilities.

By Sheila R. Cherry


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