Judge tosses suit saying pilots got sham divo
#12
CAL's response:
CO’s lawsuit against nine pilots is still pending despite court's dismissal of some claims
U.S. District Judge Gray Miller dismissed some claims asserted by CO and the pilot pension plan against former CO pilots accused of getting sham divorces so they and their spouses or ex-spouses could have access to the pilots’ retirement benefits while the pilots continued flying. The lawsuit is still pending, and Continental intends to vigorously litigate the remaining claims.
The court acknowledged that the pilots at issue did not act in a manner consistent with the breakup of a marriage, but Miller said that the plain language of the statute at issue does not allow CO’s pension administrator to consider the employees’ motivation for getting divorced when deciding whether to “qualify” a domestic relations order issued by a family court and distribute pension benefits.
CO issued the following statement Monday in response to Judge Miller’s decision:
“While we are disappointed by this ruling based on a technical reading of the ERISA statute, we are heartened the court recognized that the facts show––and the pilots do not seem to contest––the pilots and their former spouses did not behave in a manner consistent with the breakup of a marriage.
“This ruling did not address the propriety of Continental’s termination of the pilots’ employment. Continental and the plan administrative committee still believe that the domestic relations orders were improper and to the detriment of plan beneficiaries as a whole. Continental is evaluating its appeal options.”
CO’s lawsuit against nine pilots is still pending despite court's dismissal of some claims
U.S. District Judge Gray Miller dismissed some claims asserted by CO and the pilot pension plan against former CO pilots accused of getting sham divorces so they and their spouses or ex-spouses could have access to the pilots’ retirement benefits while the pilots continued flying. The lawsuit is still pending, and Continental intends to vigorously litigate the remaining claims.
The court acknowledged that the pilots at issue did not act in a manner consistent with the breakup of a marriage, but Miller said that the plain language of the statute at issue does not allow CO’s pension administrator to consider the employees’ motivation for getting divorced when deciding whether to “qualify” a domestic relations order issued by a family court and distribute pension benefits.
CO issued the following statement Monday in response to Judge Miller’s decision:
“While we are disappointed by this ruling based on a technical reading of the ERISA statute, we are heartened the court recognized that the facts show––and the pilots do not seem to contest––the pilots and their former spouses did not behave in a manner consistent with the breakup of a marriage.
“This ruling did not address the propriety of Continental’s termination of the pilots’ employment. Continental and the plan administrative committee still believe that the domestic relations orders were improper and to the detriment of plan beneficiaries as a whole. Continental is evaluating its appeal options.”
#13
#18
HOSED BY PBS AGAIN
Joined APC: Mar 2005
Posts: 1,713
Sorry, but once again a judge determines that crime does pay. What these shysters did was wrong. That so many see screwing fellow employees is quite okay because "management does it" is pathetic in my book. These were a greedy bunch of pilots who wanted to "get mine first", and THOUGHT they found a way to do it without raising any suspicion. Unfortunately, 7 or 8 pilots who are friends all getting a divorce and remarried at the same time seems a bit "fishy" to me, especially when they all grab money and do the EXACT SAME THING. If so many here think this is okay, then your moral compasses are way off. What these guys did was wrong, and for so many to condone it at the expense of fellow employees is sad in my book. Sorry, these guys are just as bad as scabs in my book. Their sorry butts need to be in jail. Personally I'd like to see the IRS go after them with a vengeance.
#19
Sorry, but once again a judge determines that crime does pay. What these shysters did was wrong. That so many see screwing fellow employees is quite okay because "management does it" is pathetic in my book. These were a greedy bunch of pilots who wanted to "get mine first", and THOUGHT they found a way to do it without raising any suspicion. Unfortunately, 7 or 8 pilots who are friends all getting a divorce and remarried at the same time seems a bit "fishy" to me, especially when they all grab money and do the EXACT SAME THING. If so many here think this is okay, then your moral compasses are way off. What these guys did was wrong, and for so many to condone it at the expense of fellow employees is sad in my book. Sorry, these guys are just as bad as scabs in my book. Their sorry butts need to be in jail. Personally I'd like to see the IRS go after them with a vengeance.
What's your opinion on airline mgmt taking multi-million dollar bonuses after pilots take 23-50% paycuts (along with all other employees taking cuts)? Moral and ethical? It's (the bonuses) 'legal' just as these divorces were.....fishy or not.
The 'get mine first' crowd is mgmt. You may not like what these pilots did, but what do you suggest? Should they hang around until the airline goes totally under and there's no $$ for anyone? Do you really think the retirement $$ they earned and took via divorce really affects anything with the airline ops?
They used a legal loophole to extract $$ from the airline they'd never get otherwise (unless you really think this airline will be around to pay their retirements). You might disagree with them on moral and ethical grounds -- but you should be all over mgmt too, or you're a hypocrite.
Personally I don't like it either, but I'll vilify mgmt before I crucify an employee taking desperate measures to secure retirement funds that will be stolen by mgmt in the end anyway.
Do you think these pilots would have done this had they not been shoved into a corner? Who shoved them? Who's the real villiain?
OK, 2 rights don't make a wrong..........but then, this ain't Camelot.
#20
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