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UPDATE 3-US pension insurer
objects to UAL reorganization
Fri Oct 14, 2005 07:15 PM ET
(Adds PBGC comment)
CHICAGO, Oct 14 (Reuters) - The government agency that
insures corporate pensions has objected to United Airlines' (UALAQ.OB:
Quote,
Profile,
Research) reorganization, asserting in court documents the
carrier has changed a deal covering the termination of its
pension plans.
The Pension Benefit Guaranty Corp said in a filing late on
Thursday the airline's disclosure statement, which details its
financial model, is "unconfirmable" as is.
United, a unit of UAL Corp., must get bankruptcy court
approval of the disclosure statement before asking creditors to
vote on restructuring.
The PBGC complained the reorganization plan is inconsistent
with a settlement the parties reached last spring for the
airline to turn its underfunded pensions over to the government.
The PBGC said the disclosure statement violates the
settlement by restricting its ability to sell securities the
government would receive from United in exchange for taking over
its four pension plans.
In exchange for taking over UAL's pension, the PBGC was to
receive up to $1.5 billion in notes and convertible stock the
government would get at United's exit from bankruptcy.
The PBGC said the settlement had placed no restrictions on
its ability to sell the securities. But UAL's proposed plan
would restrict the transfer of the new equity securities for
five years.
"The sale restriction conflicts with the clear and
unambiguous terms of the PBGC settlement," the PBGC said.
But a source close to the dispute said the objection on its
own would not likely derail United's restructuring.
United spokeswoman Jean Medina said the airline worked
closely with its creditors and the PBGC throughout restructuring
and would continue to do so.
"We expect to resolve any issues and concerns so that the
court can approve our disclosure statement next week and we can
continue moving toward exit from bankruptcy," Medina said.
Jeffrey Speicher, a PBGC spokesman, said talks are ongoing.
"The PBGC and all other parties are continuing discussions and
hope to arrive at an amicable resolution."
But airline consultant Robert Mann said the PBGC's objection
could be the first of similar objections that threaten to delay
approval of UAL's reorganization plan.
"If they've got concerns then my guess is others will have
concerns," Mann said.
United has been in bankruptcy since December 2002. The filing
of its reorganization plan and disclosure statement last month
marked the beginning of its exit from Chapter 11. United hopes
to step out of court protection in early 2006.
United's pension plans covered 120,000 current and retired
workers. Jettisoning those accounts, which were underfunded by
nearly $10 billion, is a crucial piece of United's
restructuring.
The government will insure $6.6 billion of nearly $10 billion
in pension plan under-funding at United. Underfunding is the
difference between a plan's assets and promised benefits.

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