Pilots’ En Banc Petition Denied In Pension Plan Benefits Deference Dispute

Mealey's (February 9, 2021, 9:22 AM EST) -- WASHINGTON, D.C. — The District of Columbia U.S. Court of Appeals on Feb. 4 denied a petition for rehearing en banc filed by pension plan participants seeking reconsideration of a panel’s finding that final benefits determinations made by the Pension Benefit Guaranty Corp. (PBGC) were not arbitrary or capricious because the appeals panel erred in relying on Davis v. PBGC to apply deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc....