September 2, 2005
Mimi Hull, President
ASSOCIATION OF U S WEST
RETIREES
Board Members and
general membership
This update concerns
the Kerber v. Qwest
case (Pension Death
Benefits case). As you know
from the July 28, 2005
update, we attempted to reach a
resolution that would result in
an agreement to voluntarily
dismiss the Pension Death
Benefits
litigation. However, no
agreement was reached.
Therefore, on August 12, Qwest
was required to respond to the
pending Amended Complaint
which concerns Qwest's announced
position that the Pension Death
Benefit is not a protected
benefit. Qwest's position is
that the Pension Death Benefit
is a "take away" benefit.
Indeed, in September 2003, the
Company was fully prepared to
send out a letter telling all
retirees that the Pension Death
Benefit was going to be ended.
After an immense uproar by your
AUSWR leadership and an intense
letter writing campaign by
numerous retirees, the company
decided to "delay" the
decision. But, Qwest senior
leadership still maintain that
the Pension Death Benefit is a
"take away" benefit that could
be ended at any time.
On August 12, 2005,
Qwest's legal counsel filed a
formal request -- a motion to
dismiss -- asking the Denver
Federal Judge to dismiss the
pending case. Qwest's position
is that there is no "case or
controversy," since the Company
has not yet taken away the
Pension Death Benefit. You can
go to this URL and read a copy
of the company's legal brief (19
pages): http://www.uswestretiree.org/QwestMotionToDismiss&Brief.pdf