Is Central States pension fund ready to go under?

area43

Well-Known Member
Area43, I'm all for being able to manage my own account. Problem is the majority of people have trouble managing their money. People on this site that make 70 to 80 grand a year can't survive 2 or 3 weeks if we went on strike. Many people in similar plans don't even sign up or at least take the company match. It's a have it now, buy it today, no thought for tommorow society. Ask how many drivers in your area even participate in the 401k. The majority of the people need someone to look out for them and that's why the Teamster pension, no matter how much it shrinks, is the only thing many can count on. BM

I agree with alot of what you say. Its sad. I still believe its the way to go. Individual retirement. Brown what you don't realize is that the weekly contributions can't be touched. The 401k and IRA's can only be touched when you hit age 59 1/2. Again, the monies can't be touched. Now with a little education. My advice to you. When you hit age 59 1/2 don't take it out in a lump sum. Instead leave it in there so it can still collect earnings. What you do now is cut yourself a monthly check. $700, $800 or whatever. Remember, the higher the monthly amount the shorter the distance your money will last. Now if you were born before 1960 your S.S. will be kicking in at 62(early retirement). Brown, about the people needing someone to look out from them. Let them stay in the MEP. Why must I be forced to stay on the ship? Im for the Teamsters, but the pension sucks. Why can't I have what the mechanics have? Go ahead drivers go ask you mechanic what his retirement will be. Its just plan cruel. They will just keep raising the age. I'll be an out right crippled individual. Brown, the real question is can I count on the Teamsters for my retirement. I'll tell you this, when I hit 47 years of age I will have hit 25 years driving. Im leaving. I held up my part of the bargain. I pray the Teamsters will hold up to theirs. Joint 83, 73% funded, only 10% away from being underfunded and I still have 5 years to go. Yikes!
 

area43

Well-Known Member
Spoken by somebody who apparently has nothing to lose. Please consider the people who are close to retirement and can not physically last 10 more years let alone 30. Starting from scratch is not an option. :crying:

Ok, right now in the CS plan your getting 40 cents to every dollar UPS puts in your behalf. Now in the Cut out the middle man Plan you would get the whole dollar. So, in doing this you have just acceralated your pension earnings. For every one year working under the cut middle man plan would equal 2 1/5 years under the Teamsters plan. Also lets say you started driving at 50 and only made it to 54. Well, under the Teamsters plan you would get 0, nada, nothing(not vested yet, 5 years remember it used to be 10, how cruel was that, Im sure they'll change it back to 10. LOL). Under my plan you will get those weekly contribution cks after your 40 day probation is up. Do the math. 4 yrs times I'll use 10 grand even though its more than that equals 40,000 dollars(no earnings added so it might be more). Now, you still have intill 59 1/2 to collect. So for those 5 years your money is multipling. Then if you have a 401k(gross contributions) another 40,000 dollars there, combined with the IRA(UPS weekly pension payments were made) you could have a very nice nest egg. Grand total of 80,000 dollars in 4 years. Thats with no earnings folks. Unbelievable!!! Teamsters plan will give you nothing............
 
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Cole

Well-Known Member
Can't say for sure Sat, but probably they mean "done talking", and take a hiatus for a while. We'll see.
 
J

JonFrum

Guest
Central States Trust Agreement (Your Homework for Labor Day)

TRUST AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND
AS AMENDED THROUGH MAY 31, 2007

(Exerpts. All emphasis added.)

ARTICLE III - CONTRIBUTIONS AND COLLECTIONS
Sec. 7. (b) An Employer’s obligation to contribute to the Fund will
immediately cease in the event the Union loses its status
as bargaining representative of the employee through an
NLRB election
or valid disclaimer of interest by the
Union. In the event the Union loses its representative
status through an NLRB election, the duty to contribute
shall cease on the day the election results are certified
by the NLRB. This provision shall supersede any contrary
provision in any agreement, including any collective
bargaining agreement, participation agreement, this
Agreement and the certification clause of the Fund’s
billing forms.

ARTICLE IV - POWERS AND DUTIES OF TRUSTEES
Sec. 15. The Trustees shall be entitled to receive reasonable
compensation for services rendered, and the reimbursement of
expenses properly and actually incurred, in the performance of
their duties to the Fund; except that no Trustee who already
receives full-time pay from an Employer or an association of
Employers or from the Union shall receive compensation from the
Fund, except for reimbursement of expenses properly and actually
incurred.


Sec. 20. The Trustees are authorized to reject any collective
bargaining agreement,
participation agreement and/or terminate the
participation of an Employer (and all contributions from the
Employer) whenever they determine either that the agreement is
unlawful and/or inconsistent with any rule or requirement for
participation by Employers in the Fund and/or that the Employer is
engaged in one or more practices or arrangements that threaten to
cause economic harm to, and/or impairment of the actuarial
soundness of, the Fund (including but not limited to any
arrangement in which the Employer is obligated to make
contributions to the Trust Fund on behalf of some but not all of
the Employer's bargaining unit employees,
and any arrangement in
which the Employer is obligated to make contributions to the Trust
Fund at different contribution rates for different groups of the
Employer's bargaining unit employees).

ARTICLE VI - OPERATION OF BOARD OF TRUSTEES
Sec. 6. Expenses - All proper and necessary expenses incurred
by any former or incumbent Trustee, including costs of defense in
litigation arising out of the Trusteeship of this Fund, and also
including costs incurred by any former or incumbent Trustee in
providing testimony or information about administration of this
Fund in any investigation, trial or other proceeding, shall be paid
out of the Trust Fund, as a matter of right of any such former or
incumbent Trustee, to the extent permitted by applicable law. As
used in the preceding sentence, the term "costs" includes, but is
not limited to, reasonable attorneys' fees.

ARTICLE - AMENDMENT OF AGREEMENT
. . . the provisions of this Trust, among
which is to pay the largest benefits possible, which are consistent
with the number of participants becoming and likely to become
eligible for such payments, the amounts of funds which are
available and which will probably become available, and the
following of sound actuarial practice.

ARTICLE XIV - MISCELLANEOUS
Sec. 1. In no event shall Employers, directly or
indirectly, participate in the disposition of the Trust Fund or
receive any benefits from the Trust Fund.


Sec. 9. No person shall serve, or be permitted to serve, as
an administrator, fiduciary, officer, trustee, custodian, counsel,
agent, employee, adviser, provider of goods or services or
consultant of the Fund, or as its representative in any capacity,
or to serve in any capacity that involves decision making authority
or custody or control of the moneys, funds or assets of the Fund,
if such person has been convicted of: robbery, bribery, extortion,
embezzlement, fraud, grand larceny, burglary, arson, a felony
violation of Federal or State law involving substances defined in
section 802(6) of title 21 of the United States Code (hereinafter
referred to as the "Code"), murder, rape, kidnapping, perjury,
assault with intent to kill, any crime described in section
80a-9(a)(1) of title 15 of the Code, a violation of any provision
of the Employee Retirement Income Security Act of 1974, a violation
of section 186 of title 29 of the Code, a violation of chapter 63
of title 18 of the Code, a violation of sections 874, 1027, 1503,
1505, 1506, 1510, 1951 or 1954 of title 18 of the Code, a violation
of the Labor-Management Reporting and Disclosure Act of 1959, or
any felony involving abuse or misuse of such person's labor
organization or employee benefit plan position or employment; or
conspiracy to commit any such crimes; or attempt to commit any such
crimes, or a crime in which any of the foregoing crimes is an
element; or a misdemeanor involving a breach of fiduciary
responsibility. Upon conviction of any of the crimes described in
the preceding sentence, such person shall immediately be
disqualified from serving the Fund in any capacity described in the
preceding sentence, and any such service shall immediately be
terminated; provided that, upon final reversal of such conviction,
such person, unless otherwise ineligible, shall thereafter be
eligible to serve the Fund; and provided further that this
disqualification shall continue in effect until ten (10) years
after such conviction or after the end of imprisonment on such
conviction, whichever is the later, unless, prior to the end of
such ten-year period, in the case of a person so convicted or
imprisoned, (a) his citizenship rights, having been revoked as a
result of such conviction, have been fully restored, or (b) the
United States Parole Commission, pursuant to applicable law,
determines that such person's service would not be contrary to the
best interests of the Fund.


ARTICLE XV - BENEFICIAL RIGHTS
No Employer or Union, or Employees, shall have any right,
title or interest in or to the Trust Fund or any part thereof other
than vesting under the Pension Plan except in accordance with
applicable law. There shall be no pro rata or other distribution
of any of the assets of the Fund as a result of any Union, Employer
or group of Employees of Employers ceasing their participation in
this Fund for any purpose or reason, except as required by law.
 

705red

Browncafe Steward
Can't say for sure Sat, but probably they mean "done talking", and take a hiatus for a while. We'll see.
It means that if they cant get it hammered out by oct 1st we done dealing on an early agreement and will see them next year at normal negiotations.
 
J

JonFrum

Guest
Central States Participation Agreement (More Labor Day Homework)

PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND/HEALTH AND WELFARE FUND

1. The Union and Employer agree to be bound by the Trust Agreement(s) of the Pension Fund and/or the Health and Welfare Fund and all amendments subsequently adopted as well as all rules and regulations presently in effect or subsequently adopted by the Trustees of the Fund(s) and accept the respective Employer and Employee Trustees and their successors.

5. This Agreement and the obligation to pay contributions to the Fund(s) will continue after the termination of a collective bargaining agreement except no contributions shall be due during a strike unless the Union and the Employer mutually agree in writing otherwise. This Agreement and the Employer's obligation to pay contributions shall not terminate until a) the Trustees decide to terminate the participation of the Employer and provide written notice of their decision to the Employer specifying the date of termination of participation or b) the Employer is no longer obligated by a contract or statute to contribute to the Fund(s) and the Fund(s) have received a written notice directed to the Fund(s)' Contracts Department at the address specified above sent by certified mail with return receipt requested which describes the reason why the Employer is no longer obligated to contribute or c) the date the NLRB certifies the result of an election that terminates the Union’s representative status or d) the date the Union’s representative status terminates through a valid disclaimer of interest. In the event the Employer participates in both the Pension Fund and the Health and Welfare Fund and the termination referred to in a) or b) relates to only one Fund, then this Agreement shall remain in effect with respect to the other Fund. In the event an NLRB election or disclaimer of interest referred to in c) or d) relates to only part of the bargaining unit, this Agreement shall remain in effect with respect to the remainder of the bargaining unit.
 

Cezanne

Well-Known Member
JonFrum; what are you getting at with these articles from the Central States trust agreement?

With just skimming the legal jargon are you claiming that the Trustees violated ERISA standards and or involved in criminal behavior?

I find that hard to believe considering that the trust has been under the watchful eye of the feds for the last 25 or so years.

Please define your post....:confused:1
 
J

JonFrum

Guest
JonFrum; what are you getting at with these articles from the Central States trust agreement?

With just skimming the legal jargon are you claiming that the Trustees violated ERISA standards and or involved in criminal behavior?

I find that hard to believe considering that the trust has been under the watchful eye of the feds for the last 25 or so years.

Please define your post....:confused:1

Cezanne,
There is a lot of misinformation and speculation posted about pensions on this site, even at this late date. My view is everyone should first read all the official information on the plan website, and only then start posting and speculating afterward. This would save all of us a great deal of time. There would still be differences of opinion, but at least the basic facts would be commonly known.

Most people won't look up the plan documents on their own, so I provide a link. Some people still won't click on the link, so I provide the text. Some people still will not read the text, so I provide exerpts. Some people still won't read the exerpts, so I highlight a few key sentences. Just trying to make it as easy as possible. And if anyone does actually go and read the full text, well, it's difficult language, so it doesn't hurt to have read my exerpts first.

The IBT has just announced that they intend to cooperate with UPS in setting up a new pension plan for Central States people, so I think it's time to get serious. Eventually you'll be asked to approve that new plan. UPS and the Teamsters will combine their resources to sell you on the new plan. The new plan will be just one feature of the overall Central States Supplement that you will vote on. This is Labor Day Weekend so everyone may have a little extra time to do some reading.

As for the plan documents, they speak for themselves. They say what they say. Everyone who has made it this far in this thread should have a working knowledge of them. They also provide a guide to understanding the new plan, since the new plan will have similar plan documents of its own.
 

Cezanne

Well-Known Member
I clearly get where you are going on this, truth is that speculation and heresay is all we are going to get with nut and bolts of the current negotiations. Liability is a BIG issue with both sides, I still remember that when Central States brought it to our attention that they were going to cut benefts they issued orders for the local officials not to talk to their members who had questions and issued a 1-800 number instead. Like you have stated before most of us are novices and do not have the time or expertise to act on any ERISA law violations, if you have been seriously looking into this matter over the years there is a time and place for professional advice and you are not going to get it on this site no matter how well intended. My attitude is to wait and see what comes down the pike with this withdraw liability and newly created co-sponsored pension plan, but I have to admit that I am very eager to see the light at the end of the tunnel or ALL of us in the Central
States area. The very prospect of us at UPS working till 62 without something going south medically and not being able to collect a full pension is down right depressing, the attrition factor would be considerable.

You may consider patience with most of the members who post here, I have been skimming and collecting any documentation relating to violations of ERISA law, contract agreements, written responses to inquiries from myself and others for a number of years. It is a learning experience and very difficult to understand the ends and outs of ERISA law. I personally can see why I never had the ambition to become an attorney, legal script is beyond my mental capabilites, like reading sandscript to me, I am bored just reading the simple union contract lanuage. Bottom line on this is when it is time for a professional for any of us on any legal matters, do not hesitate saves alot of hurt.:thumbup1:
 
Does a UPS withdrawal from the CS pension plan still leave us with CS medical or is this a combination deal? I understand that they are different, but I haven't heard or read anything about the medical side of the issue, so I'm curious if it would fall under a UPS plan as well?
 

area43

Well-Known Member
This is my advice to the APWA. First, I believe that you would have alot more broad range of support nationally if you focused more on putting the weekly UPS contributions into a seperate account, strickly with that employee s name on it. So simple, huh. That account could be the 401k, Roth IRA or just a plan IRA. APWA supporters I honestly feel your pain and I dont say that lightly. If I was in your shoes, and again I said this before I would be extremely pissed to put it lightly. I have almost 20 years and all of it has been in a pkg car(also 2 1/2 yrs pt loader), no offense to the feeders, but to be honest to go 25 or 30 years in a pkg car is saying alot. I thought about feeders but it just dosen't interest me as of yet. We had one driver retired sometime ago, drove the downtown route for 25 years. Wow, that guy was totally messed up physically. I truly felt sorry for him. Anyhow, I got the run after him and left to another after 3 yrs. Im tuff, folks LOL So that goes to show how tuff that run was. OOps Rabbit trail.

OK, The pension mess at CS. Folks I believe we have to go back to the basics so to speak. I know you all have heard of this before, their are only two things for sure in life death and tax's. Keep that in mind as I proceed. First, I feel that some think, My opinion of course that somehow we are intitled to a pension. Yes, I can hear the cries now. Don't base everything on the notion that UPS(who is the anchor in the CS plan) will always be in business(I hear more yells) or remain healthy. Remember the big negatives. Possible National Class action lawsuit on the lunch issue which could send stock prices and profit margins crashing to the floor, pending contract negotiations and pressing competition. Especially with todays world climate things don't look to cherrie. Terrorism, can totaly devastate an economy as we can see by 9/11. Gas prices are thru the roof. Just to name a couple. I don't want to sound dome and gloom folks, but lets be honest. I here from so many of you on this board that the way UPS is managing the centers, were on the sure road to destruction. Ok, keep that in mind.

The CS plan is not run by the federal government, but it might just end up that way. Wall Street is taking a BEATING. Take a look at your 401k's and yes it's my money to lose. Unlike Social Security which is run by the government and they can just raise tax's or print more money hehe to take care of any short comings they have. CS is not blessed to have that option CS is like social security(short falls) in some respects.

Ok, reread what I just wrote. Folks the CS plan is in a CRISIS. I believe UPS is liable to pay at least half of what the asking buy out is. Why? I might be wrong but is the pension jointly ran. Maybe it differs from fund to fund. Just so many of those darn things. Confusing at times. Kind of like the tax code. So the blame for its failure can be shared. I believe I might be wrong on this(the sharing part) due to the fact in Va Joint council 83 runs our pension and health care with no company involvement.

This is what needs to be done. Again, Crisis mode. Money that is now in the fund should be pulled out and each UPS employee should be given his fair share,plus maybe a 4% to 6% on top of that for interest per say deposited in a personal fund or account of his choice. This would be based on years of service and contributions made on his behalf by the company(UPS). What's fair is fair folks. Remember, Crisis and world climate uncertiany and you just might not live past tomorrow. Now! Cut out the middle man. The weekly UPS pension checks will start pouring in now combined with lets say your 401k you should have a healthy nest egg with in no time, even if you go with a very conservative investing plan. Excited!! yet. Folks the more hands the pension money passes through the less your going to get. Don't even trust the APWA, when ever there's a human element involved the chance for corruption exist(ex. crazy admin fees 65 million would be terminated). The best one to trust your money with is YOU. ( : This option is surely better than what you have now. Just think, most of us don't even consider us to get no social security(which is supposed to be a sure thing u know taxed funded and all) when we retire. Don't you wish the government would let us control or own retirement and let us just keep those so called tax S.S. donations to ourselves. I feel the CS plan is in the same boat. Power grab over the little guy. Isn't the Teamsters all about giving power back to the little guy, the common laborer. The Teamsters in my opinion is acting like a BIG Corporate GREEDY Giant. Sorry folks I might be over my word limit on post. I will proceed to the next post.

UPSer's please read, read , read , read.
 

area43

Well-Known Member
cont. from permalink 241

Ok let me address the retire's that are in the CS plan. Remember folks, CRISIS. Please go to the history of my post and do a little research and find the post that has some of my input on the retire's. Hint its in one of the 3 CS pensions threads that are running now and no its not in the Jonfrum thread.

Teamsters, Oh those Teamster. I love em but their accounting practices and making promises they know they cannot keep leaves me to wonder. Promises, What I mean here is that they have made promises, basically to give everyone, UPS and non UPS retire's a retirement check to the day you die. Side not , People are living a hell of a lot longer. Wow, Folks they were smart and they got us into believing it. Ok, Retire's its time to face the music. Remember, CRISIS everyone has to do their part and help out this sinking CS titanic(Jon made a similar analogy). Again, Teamsters broken promises. Why should just the(present) working man have to suffer with the thought of possibly getting nothing and your still getting a check. Don't get me wrong, your are in titled to some, but not to the extent the Teamsters had originally promised you. Reality Check. Do the math, add the years of service that they the company you worked for made contribitions on your behalf and add roughly 4 to 6 % Remember most of the companies you worked for have gone out of business.

Some or most of the basically 200,000 retire's I believe in The CS plan have never worked for UPS. Yes, its an MEP(MEP are a bad way to do Pensions, PERIOD) Hey, Jon you told me earlier about how MEP are so great and that SEP are the worse I guess at the present. Well, Jon here is another SEP that' s about too or allready is going to go bust. Right under our noses,folks. Social Security. Ok, retire's CRISIS remember. Teamster Promises that can't be kept. Next, most or some of the retire's companies have gone out of business. So, what do we do then? Teamsters think Hmmmm. We have been taking their companies contributions on their behalf. Don"t really want to give it back to them, even if it theirs and they worked hard for it. Remember folks, Teamster looking out for the common laborer. (teamsters thinking) Hey, I got it lets just make up some bogus promises(dime a dozen) after all we can still get the monthly dues out of him. We also can steal from Peter to pay Paul. MEP, you gotta love it. Pure corrupt Genius. LMAO Folks you just have to laugh or you'll just plan go insane.

Retire's what fair is fair. To be honest, most of you have probably received more than your fair share. Some(alot) of your companies that you have worked for have long ago gone out of business. Have compassion over the present day workers that are about to get a possible royal screwing. Teamsters, sadly to say, sold you a bill of goods. Promises that were never meant to be kept. How could they keep all those promises. There not a business. They don't make a product, etc, etc. Their a parasite when it comes to pensions.

In closing, Retire's its all about planning. Self reliance. I hope and pray that your economics affairs are in order, because if and when UPS pulls the plug so to speak. The CS titanic will go down. Thus the feds will have to take over in which case you will be making a lot less than what you are making now. Look at the Bright side. At least your getting something. The rest of the presentlly working CS laborers have the worry of getting nothing.

Oh, by the way Jon on your possible unethical practices. As you know by now I have passed alot of your posts to my center manager and acct rep. I have recently talked to the acct rep in particular. He has also told me some very interesting info. Anyhow, enuff said, Good Morning!!!!!!!!!!!!!!!!!! Cafers. area 43 out

Now Read This!!!! Than go to THREAD "THINK IT THRU.......PENSIONS TAKE OVER. BY BROWN DON AND READ PERMALINK #27
 
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