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Floranne D.

I worked for Delphi Automotive when my job was outsourced to India. I took a job with Inteva Products, LLC that had a Contribution of Benefits agreement (COB) with Delphi. Under the COB my years of service from Delphi would continue while employed with Inteva.  When Delphi filed for bankruptcy on 7/31/2009 I was 56 years old and had accumulated enough years plus age to qualify for retirement under a program called 85 points.  I inquired with the PBGC about pension eligibility and was told that I would be eligible at age 65 or early unreduced benefits if 1) at age 60 years with 10 years of service, 2) 30 years of service or 3) at age 55 where years of service and age equals 85.  I applied and began drawing a pension from the PBGC in 2010 while continuing to work at Inteva.  I was informed in 2015 that my pension would be suspended until I quit Inteva or reached age 65 because I was not eligible for an early retirement under the COB agreement.  I was also told that the pension that I received for five years would have to be repaid as a reduction to any future pension payments. I have still not been told what that reduced amount will be making it nearly impossible to plan for retirement. Under the Delphi bankruptcy the “Old Delphi” ceased to exist and the “New Delphi” emerged yet I am still bound by an agreement with the “Old Delphi”. Delphi having breached its responsibility to its employees by turning over its pension to the PBGC in my opinion also forfeits any rights to bind its former employees to a COB agreement that no longer benefits the employee.  Furthermore employees working for the “New Delphi” are eligible to draw early retirement pension from the PBGC.  This only strengthens my argument that the COB should no longer be binding.

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