Having failed in these efforts to meet the $850 million contribution level, US Airways filed a notice of intent to terminate the pension plan on January 30, 2003. See 29 U.S.C. § 1341(c)(1)(A). Under the
Employee Retirement Income Security Act (ERISA), US Airways could effect such a "distress termination" only upon the bankruptcy court’s finding that, "unless the [pension] plan is terminated, [US Airways] will be unable to pay all its debts pursuant to a plan of reorganization and will be unable to continue in business outside the chapter 11 reorganization process." Id. § 1341(c)(2)(B)(ii)(IV). Appellant, in addition to ALPA and other pilot groups, opposed US Airways’ motion. ALPA also filed a grievance, alleging that a distress termination would violate the terms of US Airways’ collective bargaining agreement with its active pilots.
On March 2, 2003, the bankruptcy court entered an order finding that US Airways had demonstrated the financial requirements necessary for a distress termination. The court therefore permitted US Airways to terminate the pension plan, subject to a determination that doing so would not violate the collective bargaining agreement. US Airways then resolved the collective bargaining agreement issue on March 21, 2003, when it reached an agreement with ALPA to terminate the pension plan effective on March 31 and to replace it with a new pension plan for its active and other non-retired pilots.
Then, on March 18, 2003, the bankruptcy court issued a confirmation order approving US Airways’ reorganization plan. US Airways subsequently obtained approval from ALPA, the PBGC, and the bankruptcy court to terminate the pension plan and to put the new pension plan for active and non-retired pilots in its place. On March
28, the PBGC executed the termination of the pension plan and assumed the plan’s liabilities. US Airways successfully emerged from Chapter 11 bankruptcy on March 31 and received the $1.24 billion in exit financing and equity investment as a result of meeting its financial projections. Since that time, US Airways has continued its business operations and has entered into hundreds of transactions with third parties.