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UNITED STATES DEPARTMENT OF LABOR
200 Constitution Avenue, N.W.
Washington, DC 20210
___________________________________
)
In the Matter of: )
)
U.S. DEPARTMENT OF LABOR, )
PENSION AND WELFARE BENEFITS )
ADMINISTRATION, )
Complainant, ) OALJ CASE NO. 1993-RIS-4
)
v. )
)
USAIRWAYS, INC., )
Respondent. )
___________________________________)
ORDER
IT IS ORDERED THAT, pursuant to the authority under
regulation 29 C.F.R. § 2570.71, the Decision and Order
issued on June 9, 2000, by the Hon. John M. Vittone, Chief
Administrative Law Judge, in this proceeding, brought under
§ 502(c)(2), 29 U.S.C. § 1132(c)(2), of the Employee
Retirement Income Security Act of 1974 (ERISA), as amended, be
set aside and vacated;
AND IT IS FURTHER ORDERED THAT the Settlement Agreement
attached hereto and made a part hereof be entered in lieu of the
Decision as final agency action in this matter.
FOR THE SECRETARY OF THE U.S. DEPARTMENT OF LABOR:
MORTON KLEVAN
Senior Policy Advisor
Pension and Welfare Benefits Administration
UNITED STATES DEPARTMENT OF LABOR
200 Constitution Avenue, N.W.
Washington, DC 20210
___________________________________
)
In the Matter of: )
)
U.S. DEPARTMENT OF LABOR, )
PENSION AND WELFARE BENEFITS )
ADMINISTRATION, )
Complainant, ) OALJ CASE NO. 1993-RIS-4
)
v. )
)
USAIRWAYS, INC., )
Respondent. )
___________________________________)
SETTLEMENT AGREEMENT
The parties have agreed to settle this matter. Respondent US
Airways, Inc., formerly d/b/a USAir, Inc., the successor plan
administrator of the Pension Plan for Employees of Piedmont
Aviation, Inc., Represented by the International Association of
Machinists and Aerospace Workers 013 ("Piedmont
Plan"), has resolved all penalty assessments by compliance
with the reporting requirements under ERISA for the Piedmont
Plan's 1989 plan year and payment of $2,500 in total1 , thus
settling any and all claims that the Pension and Welfare Benefits
Administration may have against plan administrators of the Piedmont
Plan regarding reporting deficiencies in connection with the Piedmont
Plan's 1989 annual report.2 Accordingly, the parties hereby stipulate
and agree that this Settlement Agreement be entered in lieu of
the Decision and Order issued in this case on June 9, 2000, and that
this proceeding be dismissed with prejudice.
The parties also stipulate and agree that each party shall
bear all its own costs, expenses, and legal and accounting fees
incurred in connection with this action.
Respectfully submitted,
For US Airways, Inc.: For the Pension and Welfare
Benefits Administration:
Karen M. Wahle, Esq. Stevan Durovic
O'Melveny & Myers LLP Plan Benefits Security Division
555 Thirteenth Street, N.W. Office of the Solicitor
Suite 500 West P.O. Box 1914
Washington, DC 20004-1109 Washington, DC 20013
(202) 383-5366 (202) 219-4600, Ext. 161
FAX: (202) 383-5414 FAX: (202)219-7346
SO ORDERED,
this 24th day of October, 2000.
FOR THE SECRETARY OF THE U.S. DEPARTMENT OF LABOR:
MORTON KLEVAN
Senior Policy Advisor, PWBA
[ENDNOTES]
1 Of the total, ,000 was paid on or about December 14, 1992,
and ,500 was paid on or about October 23d, 2000.
2 Effective September 1, 1989, the Piedmont Plan was merged
into the Pension Plan for Employees of USAir, Inc., Represented by
the International Association of Machinists and Aerospace Workers 002
(USAir Plan), so after the 1989 plan year the Piedmont Plan ceased
existence as a separate plan.
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