Delphi Corp. retirees called on the Sixth Circuit to rethink its decision upholding the 2009 government takeover of their pension plans, arguing the court was wrong to conclude that they didn’t have a property interest in the full amount of their vested pension benefits.
The retirees want a redo of the court’s September decision rejecting their lawsuit against the federal Pension Benefit Guaranty Corp., which they say arbitrarily terminated their plan in violation of their due process rights. In rejecting their due process claims, the Sixth Circuit wrongly held that the retirees lacked a property interest in the unfunded portion ...