This is the accessible text file for GAO report number GAO-05-945 
entitled 'Commercial Aviation: Bankruptcy and Pension Problems Are 
Symptoms of Underlying Structural Issues' which was released on October 
3, 2005. 

This text file was formatted by the U.S. Government Accountability 
Office (GAO) to be accessible to users with visual impairments, as part 
of a longer term project to improve GAO products' accessibility. Every 
attempt has been made to maintain the structural and data integrity of 
the original printed product. Accessibility features, such as text 
descriptions of tables, consecutively numbered footnotes placed at the 
end of the file, and the text of agency comment letters, are provided 
but may not exactly duplicate the presentation or format of the printed 
version. The portable document format (PDF) file is an exact electronic 
replica of the printed version. We welcome your feedback. Please E-mail 
your comments regarding the contents or accessibility features of this 
document to Webmaster@gao.gov. 

This is a work of the U.S. government and is not subject to copyright 
protection in the United States. It may be reproduced and distributed 
in its entirety without further permission from GAO. Because this work 
may contain copyrighted images or other material, permission from the 
copyright holder may be necessary if you wish to reproduce this 
material separately. 

Report to Congressional Committees: 

September 2005: 

Commercial Aviation: 

Bankruptcy and Pension Problems Are Symptoms of Underlying Structural 
Issues: 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-945]: 

GAO Highlights: 

Highlights of GAO-05-945, a report to congressional committees: 

Why GAO Did This Study: 

Since 2001 the U.S. airline industry has lost over $30 billion. Delta, 
Northwest, United, and US Airways have filed for bankruptcy, the latter 
two terminating and transferring their pension plans to the Pension 
Benefit Guaranty Corporation (PBGC). The net claim on PBGC from these 
terminations was $9.7 billion; plan participants lost $5.3 billion in 
benefits (in constant 2005 dollars). 

Considerable debate has ensued over airlines’ use of bankruptcy 
protection as a means to continue operations. Many in the industry have 
maintained that airlines’ use of this approach is harmful to the 
industry. This debate has received even sharper focus with pension 
defaults. Critics argue that by not having to meet their pension 
obligations, airlines in bankruptcy have an advantage that may 
encourage other companies to take the same approach. 

At the request of the Congress, we have continued to assess the 
financial condition of the airline industry and focused on the problems 
of bankruptcy and pension terminations. This report details: (1) the 
role of bankruptcy in the airline industry, (2) whether bankruptcies 
are harming the industry, and (3) the effect of airline pension 
underfunding on employees, airlines, and the PBGC. 

DOT and PBGC agreed with this report’s conclusions. GAO is making no 
recommendations. 

What GAO Found: 

Bankruptcy is endemic to the airline industry, owing to long-standing 
structural challenges and weak financial performance in the industry. 
Structurally, the industry is characterized by high fixed costs, 
cyclical demand for its services, and intense competition. 
Consequently, since deregulation in 1978, there have been 162 airline 
bankruptcy filings, 22 of them in the last five years. Airlines have 
used bankruptcy in response to liquidity pressures and as a means to 
restructure their costs. Our analysis of major airline bankruptcies 
shows mixed results in being able to significantly reduce costs—most 
but not all airlines were able to do so. However, bankruptcy is not a 
panacea for airlines. Few have emerged from bankruptcy and are still 
operating. 

There is no clear evidence that airlines in bankruptcy keep capacity in 
the system that otherwise would have been eliminated, or harm the 
industry by lowering fares below what other airlines charge. While the 
liquidation of an airline may reduce capacity in the near-term, 
capacity returns relatively quickly. In individual markets where a 
dominant carrier significantly reduces operations, other carriers 
expand capacity to compensate. Several studies have found that airlines 
in bankruptcy have not reduced fares and rival airlines were not harmed 
financially. 

The defined benefit pension plans of the remaining airlines with active 
plans are underfunded by $13.7 billion, raising the potential of more 
sizeable losses to PBGC and plan participants. These airlines face an 
estimated $10.4 billion in minimum pension contribution requirements 
over the next 4 years, significantly more than some of them may be able 
to afford given their continued operating losses and other fixed 
obligations (see figure). While spreading these contributions over more 
years would relieve some of these airlines’ liquidity pressures, it 
does not ensure that they will avoid bankruptcy because it does not 
fully address other fundamental structural problems, such as other high 
fixed costs. 

Comparison of Legacy Airline Cash Balance with Future Fixed 
Obligations: 

[See PDF for image] 

[End of figure] 

www.gao.gov/cgi-bin/getrpt?GAO-05-945. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact JayEtta Z. Hecker at 
(202) 512-2834 or heckerj@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Bankruptcy Is a Response to the Airline Industry's Structural 
Challenges: 

No Evidence That Bankruptcy Protection Harms the Industry or Hurts 
Competitors: 

Airlines Have Shed Billions in Pension Obligations, but Structural Cost 
Problems Remain: 

Concluding Observations: 

Agency Comments: 

Appendixes: 

Appendix I: Scope and Methodology: 

Appendix II: Case Studies Describing Market Responses to Airline 
Withdrawals: 

Colorado Springs: Western Pacific Moved Its Operations to Denver: 

Columbus: America West Eliminated Its Hub: 

Greensboro: Continental Lite Service Was Dismantled: 

Kansas City: Vanguard Ceased Operations: 

Nashville: American Dismantled a Hub: 

St. Louis: American Acquired TWA: 

Appendix III: Comments from the Pension Benefit Guaranty Corporation: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Related GAO Products: 

Tables: 

Table 1: Airline Bankruptcy Filings Since 2000: 

Table 2: Cost Reductions Achieved during Major Airline Bankruptcies: 

Table 3: Recent Examples of Airline Financing: 

Table 4: Case Examples of Markets' Response to Airline Withdrawals: 

Table 5: Bankruptcy Filings, 1978-2004: 

Table 6: Costs of Terminating Airline Pension Plans: 

Table 7: Estimated Benefit Cuts for United Airlines Active Employees: 

Table 8: Estimated Benefit Cuts for United Airlines Retirees: 

Table 9: 2006 Estimated Deficit Reduction Contribution Payments under 
Different Amortization Periods: 

Figures: 

Figure 1: Average Annual Spot Price for Gulf Coast Jet Fuel, 1998-2005: 

Figure 2: Percentage Change in Passenger Yields Since 2000: 

Figure 3: Difference in Unit Costs between Legacy and Low Cost 
Airlines, 1998-2004: 

Figure 4: Airline Operating Profits and Losses, 1998-2004: 

Figure 5: Comparison of Airline and Overall Business Failure Rates, 
1984-1997: 

Figure 6: Average Duration of Bankruptcies, by Industry, 1980-2004: 

Figure 7: Comparison of Airlines' and Other Industries' Bankruptcy 
Outcomes, 1980-2004: 

Figure 8: Growth of Airline Industry Capacity and Major Airline 
Liquidations: 

Figure 9: Return on Capital Invested, 1992-1996: 

Figure 10: Operating Profits, 2000-2001: 

Figure 11: Funded Status of Legacy Airline Defined Benefit Plans, 1998- 
2004: 

Figure 12: Pension Funding Status, 1998-2004: 

Figure 13: Legacy Airlines' Projected Minimum Contribution 
Requirements, 2005-2008: 

Figure 14: Legacy Airlines' Pension Assets and Returns, 1998-2004: 

Figure 15: Corporate and 30-Year Treasury Bond Yields, 1977-2005: 

Figure 16: Legacy Airlines' Maximum Allowable Pension Contributions, 
Actual Pension Contributions, and Operating Profits, 1997-2002: 

Figure 17: Legacy Airline Pension Assets as a Percent of Liabilities, 
1998-2003: 

Figure 18: Comparison of Legacy Airlines' Year-end 2004 Cash Balances 
with Fixed Obligations, 2005-2008: 

Figure 19: Percentage Change in Colorado Springs Capacity and Total 
Traffic: 

Figure 20: Number of Destinations Served from Colorado Springs: 

Figure 21: Percentage Change in Columbus Capacity and Total Traffic: 

Figure 22: Number of Destinations Served from Columbus: 

Figure 23: Percentage Change in Greensboro Capacity and Total Traffic: 

Figure 24: Number of Destinations Served from Greensboro: 

Figure 25: Percentage Change in Kansas City Capacity and Total Traffic: 

Figure 26: Number of Destinations Served from Kansas City: 

Figure 27: Percentage Change in Nashville Capacity and Total Traffic: 

Figure 28: Number of Destinations Served from Nashville: 

Figure 29: Percentage Change in St. Louis Capacity and Total Traffic: 

Figure 30: Number of Destinations Served from St. Louis: 

Abbreviations: 

ASM: Available seat mile: 

ATSB: Air Transportation Stabilization Board: 

BTS: Bureau of Transportation Statistics:: 

CASM: Cost per available seat mile: 

DOT: Department of Transportation: 

DRC: Deficit Reduction Contributions: 

FAA: Federal Aviation Administration: 

PBGC: Pension Benefit Guaranty Corporation: 

PFEA: Pension Funding Equity Act: 

RLA: Railway Labor Act: 

SEC: Securities and Exchange Commission: 

Letter September 30, 2005: 

Congressional Committees: 

Since 2001, the U.S. airline industry has confronted financial losses 
of unprecedented proportions. From 2001 through 2004, legacy airlines 
(i.e., generally, those network airlines whose interstate operations 
predated deregulation) incurred operating losses of $28 billion. Since 
2000, four of the nation's largest legacy airlines--Delta Air Lines, 
Northwest Airlines, United Airlines and US Airways--have gone into 
bankruptcy.[Footnote 1] Together, these airlines provided over 40 
percent of the available passenger seating capacity operated by all 
U.S. airlines during the second quarter of 2005. Under bankruptcy 
protection, United and US Airways terminated their pension plans and 
passed the unfunded liability to the Pension Benefit Guaranty 
Corporation (PBGC).[Footnote 2] 

In recent years, considerable debate has ensued over legacy airlines' 
use of chapter 11 bankruptcy protection as a means to continue 
operations, often for years. Some in the industry and elsewhere have 
maintained that legacy airlines' use of this approach is harmful to the 
airline industry as a whole because it allows inefficient carriers to 
stay in business, creating overcapacity and allowing these airlines to 
potentially underprice their competitors. This debate has received even 
sharper focus since US Airways and United defaulted on their pensions. 
Without their pension obligations, critics argue, US Airways and United 
enjoy a cost advantage that may encourage other airlines sponsoring 
defined benefit plans to take the same approach. 

Last year, we reported on the industry's poor financial condition, the 
reasons for it, and the need for legacy airlines to reduce their costs 
if they are to survive.[Footnote 3] At the request of Congress, we have 
continued to assess the financial condition of the airline industry 
and, in particular, the problems of bankruptcy and pension plan 
terminations. Accordingly, this report details (1) the role of 
bankruptcy in the airline industry, (2) whether bankruptcies are 
harming the industry, and (3) the effect of airline pension 
underfunding on employees, airlines, and PBGC. 

To help answer these questions, we relied on a variety of data sources. 
To assess the financial status of airlines, including bankrupt 
airlines, we used airline financial and operating data reported to the 
U.S. Department of Transportation (DOT). To assess the reliability of 
these data, we reviewed the quality control procedures that the 
Department and its contractors use in collecting and maintaining these 
data. To analyze the impact of airline bankruptcies, we relied on two 
different but complementary databases: Professor Lynn M. LoPucki's 
Bankruptcy Research Database and New Generation Research's 
bankruptcydata.com. We assessed the reliability of these data by 
comparing key elements from the two data sources and also by comparing 
key elements with corporate filings with the U.S. Securities and 
Exchange Commission (SEC). To assess the effect of underfunding airline 
pensions, we relied on PBGC data, supplemented by public financial 
reports filed with SEC. We determined that the data we used were 
sufficiently reliable for the purposes of this report. For our work, we 
also reviewed academic studies, met with airline and trade association 
representatives, government experts, and industry and legal analysts. 
Additional information on our scope and methodology is available in 
appendix I. We performed our work from August 2004 through September 
2005 in accordance with generally accepted government auditing 
standards. 

Results in Brief: 

Bankruptcy is endemic to the airline industry, owing to long-standing 
structural challenges and weak financial performance in the industry. 
Airlines have used bankruptcy in response to liquidity pressures and as 
a means to restructure their costs. However, our analysis of major 
airline bankruptcies shows mixed results in reducing costs while under 
bankruptcy. For example, Continental Airlines was able to reduce costs 
significantly during its first and second bankruptcies, while TWA was 
far less successful and saw its unit costs rise faster than the rest of 
the industry's during its first bankruptcy. Since deregulation in 1978, 
there have been 162 airline bankruptcies, 22 of them in the last 5 
years. While most of these bankruptcies affected small airlines that 
eventually liquidated, four of the more recent bankruptcies (Delta, 
Northwest, United, and US Airways) are among the largest corporate 
bankruptcies ever, excluding financial services firms. The airline 
industry is characterized by intense competition, high fixed costs, 
cyclical demand, and vulnerability to external shocks. As a result, 
airlines have performed worse financially and are more prone to failure 
than most other industries. For airlines in bankruptcy, the process, 
while well developed, can be contentious as the numerous stakeholders, 
such as airline employees and creditors, fight for pieces of a 
diminishing pie. We found some indication that airline bankruptcies 
differ from those in many other industries: for example, they tend to 
last longer and are more likely to terminate in liquidation. 

There is no clear evidence that airlines in bankruptcy harm the 
industry by contributing to overcapacity or underpricing their 
competitors. We found that although an airline's liquidation may reduce 
capacity in the near-term, capacity returns relatively quickly. Even 
when a dominant carrier retreats from an individual market because it 
has liquidated or changed its business strategy (by, for example, 
dropping a hub city), other carriers quickly expand capacity to 
compensate with little or no increase in fares. For example, in 
Nashville, after American Airlines dismantled their hub there, other 
airlines increased their capacity and total origin-and-destination 
capacity actually increased. Several studies have also found that 
airlines in bankruptcy have not reduced fares and rival airlines were 
not harmed financially. Furthermore, bankruptcy is not a panacea for 
airlines, and few have emerged from it. 

While bankruptcy may not harm the financial health of the airline 
industry, it has become a considerable concern for the federal 
government and legacy airline employees and retirees because of the 
recent terminations of pension plans by US Airways and United Airlines. 
These terminations resulted in claims on PBGC's single-employer program 
of $9.7 billion, and plan participants (employees, retirees, and 
beneficiaries) are estimated to have lost more than $5.3 billion in 
benefits that were not covered by PBGC. At termination in May 2005, 
United's pension plans were underfunded by $9.8 billion; while the 
plans promised $16.8 billion in benefits, they were backed by only $7 
billion in assets. PBGC guaranteed $13.6 billion of the promised 
benefits, resulting in a net claim on the agency of $6.6 billion and an 
estimated loss of $3.2 billion in benefits to participants. The defined 
benefit pension plans of the remaining legacy airlines with active 
plans are underfunded by approximately $13.7 billion (according to data 
from SEC), raising the potential for additional sizeable losses to PBGC 
and plan participants. Since Delta and Northwest declared bankruptcy on 
September 14, 2005, PBGC released estimates stating that their plans 
are underfunded by a combined total of $16.3 billion on a termination 
basis, of which PBGC estimates it would be liable for $11.2 billion. 
Legacy airlines face an estimated minimum of $10.4 billion in pension 
contributions over the next 4 years, significantly more than some of 
them may be able to afford given continued losses and their other fixed 
obligations. If the remaining legacy airlines with defined benefit 
plans were to spread their contributions over more years, as some 
airlines have proposed, they would relieve some of the liquidity 
pressure but would not necessarily stay out of bankruptcy because this 
approach does not fully address their fundamental cost structure 
problems. 

In its written comments on a draft of this report, PBGC generally 
agreed with our findings and conclusions. PBGC noted that the report 
makes a strong case for pension funding reform, demonstrating the 
possible consequences of the weak funding rules now in place. DOT did 
not provide any written comments. Both PBGC and DOT provided technical 
comments and suggestions that we incorporated as appropriate. 

Background: 

In 1978, under the Airline Deregulation Act, the United States 
deregulated its domestic airline industry. The main purpose of 
deregulation was to remove government control and open the air 
transport industry to market forces. Previously, the Civil Aeronautics 
Board regulated all domestic air transport, controlling fares and 
setting routes. In this regulated market, airlines competed more 
through advertising and onboard services than through fares. When the 
industry was deregulated, "legacy" airlines carried over the cost 
structures that had been protected by price regulation. Similar to 
other highly regulated industries, the airline industry was heavily 
unionized, with a highly trained and stable workforce. By contrast, 
carriers that started operations after deregulation sought to attract 
passengers from legacy network carriers and to stimulate new passenger 
traffic--and did so--by offering lower fares. These airlines generally 
paid less for labor, on a unit cost basis, which helped them keep their 
overall operating costs low.[Footnote 4] 

In August 2004, we reported on the financial condition of the airline 
industry. High-end demand for air travel had begun weakening in 2000 
because of an economic turndown, and demand dropped significantly 
following the September 11, 2001, terrorist attacks; the war in Iraq; 
and the outbreak of SARS.[Footnote 5] We found that in response to 
changing market conditions, legacy airlines had reduced costs, but 
mostly by reducing capacity and not nearly enough to be competitive 
with low cost airlines. Low cost airlines experienced significant 
growth and a fall in their unit costs as measured by cost per available 
seat-mile (CASM), whereas legacy airlines' unit costs did not improve. 
In addition, we found that neither legacy nor low cost airlines 
possessed much pricing power and suffered declining unit revenue. As a 
result of their weak financial performance and mounting losses, legacy 
airlines saw their financial liquidity and solvency seriously 
deteriorate even as their debt and pension obligations mounted. Since 
our 2004 report was issued, losses have continued to mount for airlines 
even though traffic levels have returned to pre-9/11 levels. One of the 
primary culprits has been record fuel prices, nearly doubling since 
2003 (see fig. 1). 

Figure 1: Average Annual Spot Price for Gulf Coast Jet Fuel, 1998-2005: 

[See PDF for image] 

Note: 2005 prices reflect average through August 16. 

[End of figure] 

Low fares have affected revenues for both legacy and low cost airlines. 
Yields, the amount of revenue airlines collect for every mile a 
passenger travels, fell for both low cost and legacy airlines from 2000 
through 2004 (see fig. 2). However, the decline has been greater for 
legacy airlines than for low cost airlines. Only during the first half 
of 2005 has stronger demand allowed airlines to increase fares 
sufficiently to boost their yields. 

Figure 2: Percentage Change in Passenger Yields Since 2000: 

[See PDF for image] 

[End of figure] 

Legacy airlines, as a group, have been unsuccessful in reducing their 
costs to become more competitive with low cost airlines. Unit-cost 
competitiveness is essential to profitability for airlines after years 
of declining yields. While legacy airlines have been able to reduce 
their overall costs since 2001, they have done so largely by reducing 
capacity and without improving their unit costs as compared to low cost 
airlines. Meanwhile, low cost airlines have been able to maintain low 
unit costs by continuing to grow and maintaining high productivity. As 
a result, low cost airlines have been able to sustain a unit-cost 
advantage over their legacy rivals (see fig. 3). In 2004, low cost 
airlines maintained a 2.7 cent advantage per available seat mile over 
legacy airlines. This advantage is attributable to lower overall costs 
and greater labor and asset productivity. Thus far in 2005, airlines 
have been able to trim most of their nonfuel-related costs, but high 
fuel prices and debt interest charges have kept airlines' costs from 
falling. 

Figure 3: Difference in Unit Costs between Legacy and Low Cost 
Airlines, 1998-2004: 

[See PDF for image] 

Note: "Other" costs include costs of aircraft, supplies, and 
facilities. 

[End of figure] 

Weak revenues and the inability to realize greater unit-cost savings 
have combined to produce unprecedented losses for legacy airlines. At 
the same time, low cost airlines have been able to continue producing 
modest profits (see fig. 4). Legacy airlines have incurred a cumulative 
$28 billion in operating losses since 2001. Despite a modest recovery 
for some airlines during the first half of 2005, analysts predict the 
industry will lose another $5 billion to $9 billion in 2005. 

Figure 4: Airline Operating Profits and Losses, 1998-2004: 

[See PDF for image] 

[End of figure] 

Owing to continued losses, legacy airlines built cash balances not 
through operations but by borrowing. Legacy airlines have lost cash 
from operations and compensated for operating losses by taking on 
additional debt, relying on creditors for more of their capital needs 
than in the past. In doing so, several legacy airlines have used all, 
or nearly all, of their assets as collateral, potentially limiting 
their future access to capital markets. 

Airlines (and other businesses) that are unable to operate profitably 
over time may seek recourse under the U.S. Bankruptcy Code.[Footnote 6] 
In general, two major provisions of the bankruptcy code govern actions 
taken by airlines and other businesses: 

* Chapter 7 of the code governs liquidation of the debtor's estate and 
is often referred to as a "straight bankruptcy." A trustee is appointed 
to sell off available assets to repay creditors. 

* Chapter 11 of the code governs business reorganizations. This chapter 
is designed to accommodate complicated reorganizations of publicly held 
corporations. Among other things, it allows companies, with court 
approval, to reject agreements made under collective bargaining and 
renegotiate contracts with other creditors. With the approval of the 
bankruptcy courts (which administer the bankruptcy laws), companies may 
also modify retiree benefits. 

Airline bankruptcies[Footnote 7] typically include a large number of 
stakeholders. The primary stakeholder is the airline itself, known as 
the debtor-in-possession. Federal stakeholders include the bankruptcy 
judge, who presides over the administration of the case and decides 
contested aspects, and the U.S. Trustee,[Footnote 8] whose duties 
include ensuring the integrity of the process and approving the 
retention of professionals (e.g., bankruptcy attorneys).[Footnote 9] 
During this most recent round of airline bankruptcies, two additional 
governmental entities have become major stakeholders in airline 
bankruptcies: the Air Transportation Stabilization Board (ATSB), which 
was formed after September 11 to administer a $10 billion loan 
guarantee program for airlines, and PBGC, which insures defined benefit 
pension plans. Both agencies have taken ownership stakes in bankrupt 
and nonbankrupt airlines through ATSB's loan guarantees and PBGC's 
taking over defined benefit pension plans terminated in 
bankruptcy.[Footnote 10] The entities that provide the financing while 
an airline is in bankruptcy (known as debtor-in-possession financing) 
and upon its exit (exit financing) are also major stakeholders, as are 
airline employees, many of whom are represented by labor 
unions.[Footnote 11] Other secured and nonsecured creditors and 
shareholders are also stakeholders in an airline bankruptcy. The 
interests of unsecured creditors (including labor) and shareholders are 
represented in the process by committees appointed by the U.S. Trustee. 

Among the largest cost elements for both legacy airlines and low cost 
airlines are those associated with employee compensation and benefits. 
As part of the retirement benefits offered, legacy airlines have tended 
to offer "defined benefit plans" and supplemental defined contribution 
plans, whereas low cost airlines tend to provide only "defined 
contribution plans." 

* Defined benefit plans typically provide participants with an annuity 
at retirement--a series of periodic payments over a specified period of 
time or for the life of the participant. As designed, defined benefit 
plan annuities are generally based on a participant's retirement age, 
number of years of employment, and salary. As of December 31, 2004, 
nine major airlines sponsored defined benefit plans for their 
employees: Aloha, Alaska, American, Continental, Delta, Hawaii, 
Northwest, US Airways, and United. These airlines generally offered 
different pension plans for different groups of employees--pilots, 
machinists, and flight attendants, for example--with varying levels of 
promised benefits. 

* Defined contribution plans base pension benefits on the contributions 
to and investment returns on individual accounts. Contributions may 
consist of pretax or after-tax employee contributions, employer 
matching contributions that require employee contributions, and other 
employer contributions that may be made independent of any participant 
contributions. In a defined contribution plan, the employee bears the 
investment risk and often controls how the individual account assets 
are invested. 

PBGC was established to encourage the continuation and maintenance of 
voluntary private pension plans and to insure the benefits of workers 
and retirees in defined benefit plans should plan sponsors fail to pay 
benefits.[Footnote 12] However, if a pension plan's assets are 
insufficient to pay accrued benefits, the plan can be terminated under 
certain conditions, and PBGC then assumes responsibility for paying 
retiree pensions. PBGC may pay only a portion of the benefits 
originally promised to employees and retirees. For 2005, the maximum 
statutory limit of annual benefits guaranteed by PBGC is $45,613.68 per 
participant, for retirement at age 65. The amount paid decreases at 
earlier retirement ages. 

Bankruptcy Is a Response to the Airline Industry's Structural 
Challenges: 

Bankruptcy filings are prevalent in the U.S. airline industry because 
of long-standing economic structural issues that have led to 
historically weak financial performance for the industry. Structurally, 
the airline industry is characterized by high fixed costs, cyclical 
demand for its services, intense competition, and vulnerability to 
external shocks. As a result, airlines have been more prone to failure 
than many other businesses, and the sector's financial performance has 
continually been very weak. Airlines frequently seek bankruptcy 
protection because of severe liquidity pressures, but while bankruptcy 
may provide some immediate protection from creditors, airlines in 
bankruptcy have not always been able to reduce their costs or avoid 
liquidation. Owing to the long history of airline bankruptcies, the 
process is well developed, and the code includes provisions applicable 
just to airline bankruptcies. Even so, the process can be lengthy and 
contentious--for example, United is in its third year of bankruptcy, 
and its process to date has included litigation over aircraft 
repossessions as well as employee pensions. 

Bankruptcies Are Endemic to the Airline Industry, and Airlines Fail at 
a Higher Rate Than Most Other Industries: 

Since the 1978 economic deregulation of the U.S. airline industry, 
airline bankruptcy filings have become prevalent in the United States, 
and airlines fail at a higher rate than companies in most other 
industries. This has been particularly true for small, new entrant 
carriers. Since 1978, there have been 162 airline bankruptcy filings in 
the United States, 22 of them since 2000.[Footnote 13] Most of these 
bankruptcies were chapter 11 filings by small, new-entrant airlines 
that eventually liquidated. Only 24 of the filings were by airlines 
with over $100 million in assets; however, 12 of these large 
bankruptcies were filed after 2000 (see table 1). 

Table 1: Airline Bankruptcy Filings Since 2000: 

Filing date: 2/29/2000; 
Airline: Tower Air; [A] 
Chapter filed: 11; 
Outcome: Ceased operations. 

Filing date: 5/1/2000; 
Airline: Kitty Hawk; [A] 
Chapter filed: 11; 
Outcome: Emerged from bankruptcy. 

Filing date: 9/19/2000; 
Airline: Pro Air; 
Chapter filed: 11; 
Outcome: Ceased operations. 

Filing date: 9/27/2000; 
Airline: Fine Air Services; [A] 
Chapter filed: 11; 
Outcome: Emerged from bankruptcy. 

Filing date: 12/3/2000; 
Airline: Legend Airlines; 
Chapter filed: 11; 
Outcome: Ceased operations. 

Filing date: 12/6/2000; 
Airline: National Airlines; 
Chapter filed: 11; 
Outcome: Ceased operations. 

Filing date: 8/13/2001; 
Airline: Midway Airlines; [A] 
Chapter filed: 11; 
Outcome: Ceased operations in 2002 before filing for chapter 7 in 2003. 

Filing date: 11/10/2001; 
Airline: Trans World Airlines; [A] 
Chapter filed: 11; 
Outcome: Acquired by American Airlines. 

Filing date: 1/2/2002; 
Airline: Sun Country Airlines; 
Chapter filed: 7; 
Outcome: Liquidated; new owners acquired assets and resumed operations. 

Filing date: 7/30/2002; 
Airline: Vanguard Airlines; 
Chapter filed: 11; 
Outcome: Ceased operations. 

Filing date: 8/11/2002; 
Airline: US Airways; [A] 
Chapter filed: 11; 
Outcome: Emerged but later refiled. 

Filing date: 12/9/2002; 
Airline: United Airlines; [A] 
Chapter filed: 11; 
Outcome: Still in bankruptcy. 

Filing date: 3/21/2003; 
Airline: Hawaiian Airlines; [A] 
Chapter filed: 11; 
Outcome: Emerged from bankruptcy. 

Filing date: 10/30/2003; 
Airline: Midway Airlines; 
Chapter filed: 7; 
Outcome: Ceased operations. 

Filing date: 1/23/2004; 
Airline: Great Plains Airlines; 
Chapter filed: 11; 
Outcome: Ceased operations. 

Filing date: 1/30/2004; 
Airline: Atlas Air/Polar Air Cargo; 
Chapter filed: 11; 
Outcome: Emerged from bankruptcy. 

Filing date: 9/12/2004; 
Airline: US Airways; [A] 
Chapter filed: 11; 
Outcome: Merged with America West. 

Filing date: 10/26/2004; 
Airline: ATA Airlines; [A] 
Chapter filed: 11; 
Outcome: Still in bankruptcy. 

Filing date: 12/01/2004; 
Airline: Southeast Airlines; 
Chapter filed: 7; 
Outcome: Ceased operations. 

Filing date: 12/30/2004; 
Airline: Aloha Airlines; 
Chapter filed: 11; 
Outcome: Still in bankruptcy. 

Filing date: 9/14/2005; 
Airline: Delta Air Lines; [A] 
Chapter filed: 11; 
Outcome: Still in bankruptcy. 

Filing date: 9/14/2005; 
Airline: Northwest Airlines; [A] 
Chapter filed: 11; 
Outcome: Still in bankruptcy. 

Sources: Air Transport Association, Department of Transportation, Lynn 
M. LoPucki's Bankruptcy Research Database, and media reports. 

[A] Indicates airlines with over $100 million in assets. 

[End of table] 

Airline Bankruptcies Are the Result of Long-Standing Structural Issues 
and Weak Financial Performance: 

Because of certain structural characteristics, including its 
susceptibility to external shocks and historically weak financial 
performance, the airline industry is more prone to failure than many 
other types of businesses. Airlines have high fixed costs and are 
subject to highly cyclical demand and intense competition. Compounding 
these other structural problems is the industry's vulnerability to 
external shocks--such as terrorist attacks or war--that decrease demand 
and increase costs. The result is that the airline industry has had the 
worst financial performance of any major industry. 

Structural Issues Hinder the Airline Industry: 

Structural characteristics of the airline industry have resulted in 
repeated cycles of boom and bust as its high fixed costs and particular 
sensitivity to seasonal and business cycle changes strain declining 
revenues. External shocks such as the Iraq War and the SARS epidemic 
have exacerbated the situation. Operating an airline requires expensive 
equipment and facilities as well as large numbers of people to operate 
them. Aircraft are very expensive--for example, the 2005 list price for 
a Boeing 777 ranges from $171 million to $253 million--and, therefore, 
airlines use outside financing to acquire a fleet. In the United 
States, airlines typically use operating leases, loans, or public 
financing instruments to fund their aircraft. Servicing these leases or 
debt instruments requires considerable and regular cash payments 
regardless of how extensively the aircraft are used. Airlines also rely 
on specialists like pilots and mechanics who cannot be easily replaced, 
making labor force adjustments to changes in demand more difficult. In 
addition, the workers of many carriers, particularly those of the 
legacy carriers, are covered by multiyear collective bargaining 
agreements. While such agreements may provide important protections to 
employees, they may limit carriers' ability to respond quickly to 
cyclical changes in demand, much less unanticipated shocks like the 
September 11 attacks or SARS. Together, these characteristics result in 
long-term high fixed costs for an industry whose fortunes fluctuate 
with the business cycle. 

The airline industry is very competitive and has become increasingly so 
with the emergence of low cost airlines and the relative ease with 
which new airlines gain access to capital and enter the industry. It is 
difficult for airlines to reduce their capacity because of the high 
fixed costs and low variable costs of providing service. Capacity 
increases by individual airlines are frequently matched by competitors. 
Low cost airlines grew over the last 5 years, from 10.8 percent of 
domestic capacity in 1998 to 17.5 percent of domestic capacity in 2004. 
Low cost airlines have been able to maintain their low costs by 
continuing to grow. Finally, despite historic losses in the industry, 
new airlines are still willing to enter the market. As of July 2005, 
seven carriers were obtaining operating certificates, while at least 
one other had obtained its operating certificate but was not yet 
operating. It is uncertain if and when these carriers will actually 
begin service. These carriers plan to provide domestic and 
international scheduled and charter service.[Footnote 14] These new 
airlines are indicative of the willingness of capital providers to 
finance aircraft despite the industry's continued losses. 

Demand for air travel is closely tied to the business cycle and is 
subject to external shocks. So while airlines' most prominent costs-- 
for aircraft and labor--are locked into fixed payments and multiyear 
contracts, airline revenues fluctuate because demand is cyclical. 
External demand shocks can have a devastating impact on airline 
finances. For example, beginning in 2000, an economic downturn 
precipitated a decrease in high-end demand for air travel, while the 
terrorist attacks of September 11, the Iraq War, and the outbreak of 
SARS compounded that trend. These events contributed to the 22 airline 
bankruptcy filings since 2000. 

The Airline Industry's Financial Performance Has Historically Been 
Poor: 

The structural issues discussed in the previous section have 
contributed to the airline industry's historically poor financial 
performance and higher-than-average industry failure rate. This 
performance is illustrated by the industry's weak revenues and lack of 
profitability. In particular, legacy airlines in aggregate have 
experienced operating losses in all quarters but one since September 
11, 2001. A return to profitability that some financial analysts 
expected for legacy airlines in 2004 and 2005 has not materialized, in 
large part because of historically high oil prices. 

One way to measure the inherent instability of the airline industry is 
to compare its operating ratio with that of other industries. The 
operating ratio is the ratio of a company's operating expenses to its 
operating revenues. One study found that from 1983 through 2001, the 
airline industry had the highest risk in relation to return of any 
industry sector when measured using this ratio.[Footnote 15] This study 
found that the airline industry had an operating ratio of 97 percent, 
well above the average of 83.5 percent for all other industries. 

Evidence of the volatility and weak financial performance of the 
airline industry can also be found by comparing airline failure rates 
with overall U.S. business failure rates. For 1997, the last year in 
which Dun & Bradstreet produced these data, the overall U.S. business 
failure rate was 0.9 percent, while the failure rate for the airline 
industry was three times greater, at 2.9 percent. Although we do not 
have overall business failure rates for more recent years, there is no 
reason to believe that the disparity between the rates has changed 
significantly since 1997 (see fig. 5). 

Figure 5: Comparison of Airline and Overall Business Failure Rates, 
1984-1997: 

[See PDF for image] 

Note: Dun & Bradstreet data were available only through 1997. 

[End of figure] 

Airlines Seek Bankruptcy as a Means to Restructure, but Are Not Always 
Successful in Reducing Costs: 

Bankruptcy has played a prominent role in the U.S. airline industry 
since deregulation because many carriers have used the bankruptcy code 
in an effort to restructure their operations and cut costs--by, for 
example, terminating defined pension benefit plans and rejecting high- 
cost aircraft leases. These carriers have met with varying degrees of 
success. Prominent examples include US Airways, which has entered 
chapter 11 twice since 2002 and has merged with America West Airlines, 
which itself went through bankruptcy 11 years before; United Airlines, 
which is hoping to emerge from bankruptcy in 2006 after more than 3 
years in bankruptcy; and TWA, which entered bankruptcy three times 
before its assets were eventually acquired by American Airlines in 
2001. 

Generally, major airlines have been able to reduce their costs during 
bankruptcy. Reductions in operating expenses were generally achieved 
through reductions in wages and in capacity. In eight of the nine 
largest airline bankruptcies over the last 25 years, operating expenses 
and capacity were reduced (see table 2).[Footnote 16] The exception was 
the first Continental Airlines bankruptcy, when the airline's capacity 
doubled but expenses rose by only one-third. Typically, cost savings 
were achieved disproportionately by cutting wages--in six of the nine 
cases, reductions in wages were greater than the overall reduction in 
operating expenses. Most critically, however, unit costs were reduced 
in only five of the nine cases, and in two cases (TWA 1 and US Airways 
1) unit costs went up and by more than the industry average, perhaps 
explaining why those airlines filed for bankruptcy again within 2 
years. 

Table 2: Cost Reductions Achieved during Major Airline Bankruptcies: 

Airline bankruptcy: Continental 1; 
Date: Entered: 9/24/83; 
Date: Emerged: 6/30/86; 
Change in wages: Airline: 1%; 
Change in wages: Industry: 18%; 
Change in operating expense: Airline: 31%; 
Change in operating expense: Industry: 16%; 
Change in capacity (ASM)[A]: Airline: 103%; 
Change in capacity (ASM)[A]: Industry: 30%; 
Change in unit costs (CASM)[B]: Airline: -35%; 
Change in unit costs (CASM)[B]: Industry: -11%. 

Airline bankruptcy: Eastern; 
Date: Entered: 3/9/89; 
Date: Emerged: Failed[C]; 
Change in wages: Airline: -34%; 
Change in wages: Industry: 19%; 
Change in operating expense: Airline: -17%; 
Change in operating expense: Industry: 34%; 
Change in capacity (ASM)[A]: Airline: -9%; 
Change in capacity (ASM)[A]: Industry: 13%; 
Change in unit costs (CASM)[B]: Airline: -9%; 
Change in unit costs (CASM)[B]: Industry: 19%. 

Airline bankruptcy: Continental 2; 
Date: Entered: 12/3/90; 
Date: Emerged: 4/27/93; 
Change in wages: Airline: -1%; 
Change in wages: Industry: 2%; 
Change in operating expense: Airline: - 20%; 
Change in operating expense: Industry: -4%; 
Change in capacity (ASM)[A]: Airline: -3%; 
Change in capacity (ASM)[A]: Industry: 9%; 
Change in unit costs (CASM)[B]: Airline: -18%; 
Change in unit costs (CASM)[B]: Industry: -12%. 

Airline bankruptcy: America West; 
Date: Entered: 6/27/91; 
Date: Emerged: 8/25/94; 
Change in wages: Airline: -23%; 
Change in wages: Industry: 9%; 
Change in operating expense: Airline: - 20%; 
Change in operating expense: Industry: 10%; 
Change in capacity (ASM)[A]: Airline: -12%; 
Change in capacity (ASM)[A]: Industry: 9%; 
Change in unit costs (CASM)[B]: Airline: -9%; 
Change in unit costs (CASM)[B]: Industry: 1%. 

Airline bankruptcy: TWA 1; 
Date: Entered: 1/31/92; 
Date: Emerged: 11/3/93; 
Change in wages: Airline: -23%; 
Change in wages: Industry: 2%; 
Change in operating expense: Airline: -18%; 
Change in operating expense: Industry: 2%; 
Change in capacity (ASM)[A]: Airline: -22%; 
Change in capacity (ASM)[A]: Industry: 1%; 
Change in unit costs (CASM)[B]: Airline: 5%; 
Change in unit costs (CASM)[B]: Industry: 1%. 

Airline bankruptcy: TWA 2; 
Date: Entered: 6/30/95; 
Date: Emerged: 8/23/95; 
Change in wages: Airline: -22%; 
Change in wages: Industry: 2%; 
Change in operating expense: Airline: -11%; 
Change in operating expense: Industry: 2%; 
Change in capacity (ASM)[A]: Airline: -10%; 
Change in capacity (ASM)[A]: Industry: -5%; 
Change in unit costs (CASM)[B]: Airline: 0%; 
Change in unit costs (CASM)[B]: Industry: 7%. 

Airline bankruptcy: US Airways 1; 
Date: Entered: 8/11/02; 
Date: Emerged: 3/31/03; 
Change in wages: Airline: -2%; 
Change in wages: Industry: -13%; 
Change in operating expense: Airline: - 3%; 
Change in operating expense: Industry: -7%; 
Change in capacity (ASM)[A]: Airline: -13%; 
Change in capacity (ASM)[A]: Industry: -10%; 
Change in unit costs (CASM)[B]: Airline: 12%; 
Change in unit costs (CASM)[B]: Industry: 4%. 

Airline bankruptcy: United Airlines; 
Date: Entered: 12/9/02; 
Date: Emerged: Current[D]; 
Change in wages: Airline: -45%; 
Change in wages: Industry: -19%; 
Change in operating expense: Airline: - 7%; 
Change in operating expense: Industry: 14%; 
Change in capacity (ASM)[A]: Airline: -7%; 
Change in capacity (ASM)[A]: Industry: 4%; 
Change in unit costs (CASM)[B]: Airline: 0%; 
Change in unit costs (CASM)[B]: Industry: 10%. 

Airline bankruptcy: US Airways 2; 
Date: Entered: 9/12/04; 
Date: Emerged: Current[D]; 
Change in wages: Airline: -23%; 
Change in wages: Industry: -8%; 
Change in operating expense: Airline: -7%; 
Change in operating expense: Industry: 0%; 
Change in capacity (ASM)[A]: Airline: -3%; 
Change in capacity (ASM)[A]: Industry: -5%; 
Change in unit costs (CASM)[B]: Airline: -5%; 
Change in unit costs (CASM)[B]: Industry: 6%. 

Source: GAO analysis of Department of Transportation data. 

[A] ASM = available seat mile. 

[B] CASM = cost per available seat mile. 

[C] Change measured through fourth quarter of 1990, the last quarter 
for which data were reported. 

[D] Change measured through first quarter of 2005. 

[End of table] 

The Airline Bankruptcy Process Is Well Developed and Understood: 

Most airlines file to reorganize their operations and finances under 
chapter 11 of the bankruptcy code, some sections of which will change 
under the new bankruptcy law that comes into effect in October 2005. 
Given the number of airline bankruptcies that have occurred over the 
last 20 years, the process is well developed and understood by those 
involved, but it can still be quite contentious. 

Airlines Typically File for Chapter 11 Reorganization: 

Most U.S. airlines that are in financial distress and choose to file 
for bankruptcy protection file under chapter 11 of the U.S. bankruptcy 
code. Chapter 11 provides protection from creditors and allows a 
company to reorganize itself and become profitable again. Management-- 
as the debtor-in-possession--continues to run the airline, but all 
significant decisions must be approved by the bankruptcy court. In a 
chapter 7 filing, the airline stops all operations and a trustee is 
appointed to sell the assets to pay off the debt. According to SEC, 
most publicly held companies will file under chapter 11 rather than 
chapter 7 because they can still run their business and control the 
bankruptcy process. For airlines, 148 of the 162 bankruptcy filings 
since 1978 were chapter 11 filings. 

Several sections of the bankruptcy code have played a prominent role in 
airline bankruptcies. Section 362--the automatic stay provision--gives 
an airline breathing room from its creditors by stopping all collection 
efforts and foreclosure actions and permitting the debtor to attempt to 
develop a repayment plan.[Footnote 17] Under section 1121, the 
airline's management--or the private trustee if one has been appointed-
-currently has the exclusive right to file a reorganization plan for 
120 days following the filing of the bankruptcy petition; this period 
may be extended for cause. Other parties-in-interest may file a plan if 
120 days have elapsed without the debtor's filing a plan or if 180 days 
have elapsed and the debtor's plan has not been accepted by each class 
of creditors. This period may also be extended for cause. Other 
sections of the code govern actions an airline might take to 
restructure its operations and lower its costs in order to emerge from 
bankruptcy. For example, section 1113 governs the rejection of labor 
contracts and requires that the airline complete certain steps before 
requesting that the court abrogate contracts. Section 1110 gives an 
airline 60 days to accept or reject aircraft leases, which allows the 
airline to continue to operate without fear that its chief assets will 
be repossessed. Additionally, several subsections of section 365 
currently relate to airline leases of aircraft terminals and gates. For 
example, an airline that leases more than one terminal or gate may not 
assume or assign the leases unless it assumes or assigns all of them to 
the same entity, which limits the ability of an airline to realize the 
full value of its leases. To emerge from bankruptcy, the airline 
devises and obtains approval of a reorganization plan from the 
bankruptcy court and obtains exit financing, which is used to operate 
the company once it is no longer within the jurisdiction of the 
bankruptcy court. 

Airline Bankruptcies Follow a Well-Practiced but at Times Disputed 
Process: 

The airline bankruptcy process has been honed over the past 27 years as 
carriers, large and small, have built on prior experiences and 
expertise. We interviewed numerous industry experts (attorneys, 
consultants, analysts, and current and former airline officials), many 
of whom have had experience in more than one airline bankruptcy. 
Additionally, several of these experts confirmed that the case law and 
documents produced by each bankruptcy case provide a body of expertise 
available for subsequent filers. They indicated that this documentation 
serves as precedent that is useful even though each bankruptcy case is 
unique. 

The process can also be contentious as the various stakeholders compete 
for their share of a dwindling pie. In recent airline bankruptcies, 
labor groups have disputed airlines' right to cancel collective 
bargaining agreements and terminate defined benefit pension plans while 
airlines have challenged creditors. For example, United Airlines has 
been involved in litigation with its flight attendants over its 
termination of their pension plan and with a group of aircraft lessors 
over their aircraft repossessions during its current bankruptcy. 

Changes under New Bankruptcy Law Might Affect Future Airline Filings: 

On October 17, 2005, the first major overhaul of the nation's 
bankruptcy laws in 9 years will become effective. Many provisions of 
the Bankruptcy Abuse Prevention and Consumer Protection Act of 
2005[Footnote 18] apply to consumer bankruptcies, but several important 
provisions apply to corporate bankruptcies. Some of these provisions 
may induce distressed airlines to seek bankruptcy before the new law 
takes effect while other provisions may provide more advantages to 
airlines in bankruptcy. The mid-September Delta and Northwest 
bankruptcy filings may be an indication that these carriers were 
seeking to avoid some portions of the new bankruptcy law. 

First, the 2005 law limits the "exclusivity period" for the debtor to 
file a reorganization plan to 18 months after the bankruptcy filing. 
Currently, the debtor has the first 120 days to file a plan, and can 
obtain numerous extensions. The new limit will not force liquidations 
but will give other parties an opportunity to file a competing plan 
somewhat sooner, thereby limiting the debtor's "exclusive period" of 
control of the business. One bankruptcy expert we spoke with indicated 
that this change would not affect the majority of business 
bankruptcies, since most are concluded within 180 days. However, 
because airline bankruptcies tend to take longer than those in many 
other industries, this change may induce airlines considering 
bankruptcy to file before October 17, 2005. 

Second, the new law eliminated two subsections of the code--365(c)(4) 
and 365(d)(5)-(9)--that limited bankrupt airlines' options when 
assuming or assigning terminal and gate leases. This change in the law 
will favor airlines that control gates and leases, because they will 
have the potential to realize greater value from these assets when in 
bankruptcy. 

Third, the 2005 act increases the time limits on assuming or rejecting 
unexpired commercial and real property leases but limits extensions. 
Under the current code, the debtor has 60 days from the commencement of 
the case to assume or reject commercial real property leases, and this 
time is often extended by the bankruptcy court. The 2005 act increases 
the initial decision period to 120 days but allows for only one 
extension (of up to 90 days) after that. Therefore, debtors will have a 
maximum of 210 days from the commencement of the bankruptcy case to 
make a decision on these leases. The court may grant a subsequent 
extension only upon prior written consent of the lessors in each 
instance. 

In addition, the new law expands the grounds on which a chapter 11 case 
may be converted to chapter 7 and increases the circumstances under 
which a chapter 11 trustee may be appointed. The act also encourages 
fast-track chapter 11 cases by making it easier for debtors to 
implement prearranged plans. Finally, the new law regulates the 
circumstances for approval of key employee retention plans and related 
severance payments by requiring that (1) the debtor establish that the 
bonus is essential to retain the employee, (2) the employee have a bona 
fide job offer, and (3) the debtor prove that the employee's services 
are essential to the survival of the company. Additionally, these 
bonuses and severance packages are linked to those that are paid to 
nonmanagement employees. This provision also might induce pre-October 
17, 2005, airline bankruptcy filings. 

Airline Bankruptcies Can Differ Significantly from Bankruptcies in 
Other Industries: 

Airline bankruptcies can differ notably from bankruptcies in other 
industries along a number of dimensions. However, it is hard to 
determine whether the differences are directly attributable to the 
unique sections of the bankruptcy code specific to airlines or are the 
result of factors unique to the airline industry. 

Airline bankruptcies can take a long time to resolve. According to our 
analysis of the Bankruptcy Research Database,[Footnote 19] airline 
bankruptcies ranked fifth in overall duration (averaging 714 days), 
behind bankruptcies in such industries as water transportation and 
petroleum refining, and lasted significantly longer than the average 
for bankruptcies in all of the industries in the database, which was 
518 days. (See fig. 6). 

Figure 6: Average Duration of Bankruptcies, by Industry, 1980-2004: 

[See PDF for image] 

[End of figure] 

Airlines in bankruptcy also appeared to retain assets better than other 
industries, but at the cost of much greater debt; however, a limited 
number of observations precludes firm conclusions. According to 
available data for 19 of the top 50 bankruptcies since 1970,[Footnote 
20] which involved 3 airlines and 16 other companies, the airlines' 
assets were 0.8 percent lower on average after bankruptcy, while the 
other companies' assets were 47.2 percent lower on average. At the same 
time, the airlines' liabilities decreased 32.1 percent while the 
liabilities of companies in the other industries decreased 56.9 
percent. 

Outcomes also differed for airline and other industry bankruptcies, 
according to Bankruptcy Research Database. The airlines were more 
likely than the other industries in our analysis to liquidate. (See 
fig. 7.) However, airlines are also more likely than other industries 
to start bankruptcy in chapter 11, which may account for their greater 
tendency to liquidate once in chapter 11. For each group, a majority of 
the companies had reorganization plans confirmed by the court (i.e., 
the companies had exited or emerged from bankruptcy), though for 
airlines this majority was smaller because of the larger percentage of 
liquidations. 

Figure 7: Comparison of Airlines' and Other Industries' Bankruptcy 
Outcomes, 1980-2004: 

[See PDF for image] 

Note: "Company liquidated" means that the company sold its assets 
either in chapter 11 or chapter 7; "plan confirmed" means that the 
company obtained approved of a reorganization plan from the bankruptcy 
court; "case dismissed" means that the bankruptcy case was rejected by 
the bankruptcy court; and "case pending" means that the case is still 
in progress. 

[End of figure] 

Our analysis of the Bankruptcy Research Database also revealed no 
discernable difference between airlines' and other industries' 
likelihood of reentering bankruptcy within 5 years. The rates at which 
airlines and other industries filed again for bankruptcy were just 
under 15 percent. However, these rates should be accepted with some 
caution and perhaps viewed as conservative because the database 
captured only refilings that occurred within 5 years and excluded 
companies with assets of less than $100 million.[Footnote 21] As a 
result, filings by companies not meeting one or the other criterion 
were not counted. 

No Evidence That Bankruptcy Protection Harms the Industry or Hurts 
Competitors: 

There is no clear evidence that airlines in bankruptcy are harming the 
industry or their rivals or that bankruptcy is a panacea for airlines 
seeking an easy path to profitability. Some have asserted that 
protecting airlines in bankruptcy, rather than forcing liquidation, 
contributes to overcapacity in the industry. They further contend that 
bankrupt airlines underprice their rivals, hurting the financial well- 
being of healthier competitors. We found no evidence to support either 
contention and some evidence to the contrary. For example, despite many 
airline liquidations since deregulation in 1978, some of which were 
quite large, industry capacity has continued to grow unabated thanks to 
the growth of existing airlines and new entrants, often using the just- 
liquidated airline's planes. We also found that capacity rebounded 
quickly in individual markets that experienced the liquidation or 
retreat of a significant airline, as other carriers quickly expanded 
capacity to compensate with little or no increase in overall average 
fares. Several studies have also found that airlines in bankruptcy have 
not reduced fares and did not harm rival airlines financially. 
Bankruptcies are not a panacea for airlines, as some might believe. 
Bankruptcy entails significant costs, loss of management control, and 
damaged relations with employees, investors, and suppliers. Of the 162 
airlines that have filed for bankruptcy, 142 (88 percent) are no longer 
in operation. 

No Evidence That Bankruptcy Protection Contributes to Overcapacity or 
Lower Fares: 

Contrary to some assertions, we found no evidence that bankruptcy 
protection has led to overcapacity and lower fares that have harmed 
healthy airlines, either in individual markets or in the industry 
overall. In 1993, a national commission to study airline industry 
problems cited bankruptcy protection as a cause for the industry's 
overcapacity and fare problems.[Footnote 22] Airline executives have 
also cited bankruptcy protection as a reason for industry overcapacity 
and low fares. However, we found no evidence to support these views and 
some evidence to the contrary. Notably, both in individual markets and 
industrywide, the liquidation of major airlines has had only a very 
temporary or negligible effect on capacity, as other airlines have 
quickly replenished capacity. In part, this short-term effect can be 
attributed to the fungibility of aircraft and the notion that industry 
capacity is determined by the entire aviation supply chain and not 
solely by individual airlines. Finally, separate academic studies have 
found that airlines in bankruptcy have not lowered their fares or 
harmed the financial standing of their rivals. 

Both a national commission and airline executives have asserted, but 
without specific evidence, that bankruptcy protection allows airlines 
to avoid liquidation, thus contributing to industry overcapacity and 
underpricing that harms bankrupt carriers' rivals. According to a 1993 
report by the National Commission to Ensure a Strong Competitive 
Airline Industry, one of the causes of the industry's financial 
problems was bankrupt airlines. Industry executives and some 
publications have gone further, stating that bankrupt airlines damage 
the entire industry.[Footnote 23] For example, a former Chairman of 
American Airlines asserted that bankrupt airlines contribute to 
industry overcapacity and are able to underprice rivals by virtue of 
their bankruptcy protection. However, very little evidence has been 
cited in any of these claims. In 1993, we testified that claims and 
counterclaims concerning the underpricing of bankrupt airlines had not 
been substantiated or considered in a larger context.[Footnote 24] 

There is little evidence that bankruptcy protection has contributed to 
industry overcapacity, at least in the long term. If it did, then some 
evidence that liquidation permanently removes capacity from the market 
should also exist. All indications are that this has not occurred. For 
example, industry capacity, as measured by available seat miles (ASM), 
grew two and one-half times from 1978 through 2004. Growth has slowed 
or declined just before and during recessions, but not as a result of 
large airline liquidations (see fig. 8). 

Figure 8: Growth of Airline Industry Capacity and Major Airline 
Liquidations: 

[See PDF for image] 

Note: Figure does not show liquidations of smaller airlines. 

[End of figure] 

Capacity has continued to grow despite liquidations for a variety of 
reasons, including the fungibility of aircraft and the ease of entry, 
but ultimately capacity in any industry can be traced to the flow of 
capital into and out of the industry. For the airline industry, in 
which the chief asset (aircraft) is easily resold (fungible) and 
heavily leveraged, capital flows have supported the continued expansion 
of capacity even during industry downturns. Except for government 
subsidies to airlines or manufacturers, capital would flow to airlines 
only if the providers of that capital received a return on their 
investments. Evidence suggests that capital providers have profited and 
helps explain why airlines in bankruptcy continue to receive 
substantial capital support from other members of the value chain. 
Experts have espoused the notion of the value chain in understanding 
the role of companies in an industry.[Footnote 25] In the airline 
industry, the value chain includes aircraft and engine manufacturers, 
such as Boeing, General Electric, and Airbus; lessors, such as GE 
Commercial Aviation Service and International Lease Finance 
Corporation; global ticket distribution systems, like Sabre and 
Worldspan; credit card companies; airports; suppliers; and others. 
There is considerable evidence that these other members of the value 
chain have earned a good return on capital while airlines have not (see 
figs. 9 and 10). Those companies further up the value chain face less 
competition and are able to impose higher costs on airlines. 
Accordingly, these companies have a vested interest in ensuring that 
airlines survive and that capacity not leave the industry. 

Figure 9: Return on Capital Invested, 1992-1996: 

[See PDF for image] 

[End of figure] 

Figure 10: Operating Profits, 2000-2001: 

[See PDF for image] 

[End of figure] 

Data from sources of financing to airlines that are in bankruptcy or 
financial trouble provide some evidence of the vested interests of 
value chain members in keeping troubled airlines alive. Table 3 lists 
some of the major injections of capital into airlines since 2004. 

Table 3: Recent Examples of Airline Financing: 

Dollars in millions. 

US Airways; 
Amount: $740; 
Year: 2002; 
Sources: Retirement Systems of Alabama. 

Delta; 
Amount: $1,100; 
Year: 2004; 
Sources: American Express, GE Commercial Aviation Services. 

US Airways; 
Amount: $140; 
Year: 2004; 
Sources: GE Commercial Aviation Services. 

Independence Air; 
Amount: $20; 
Year: 2005; 
Sources: GE Commercial Aviation Services; 
Amount: $60; 
Year: 2005; 
Sources: Airbus. 

US Airways/America West merger; 
Amount: 1,500; 
Year: 2005; 
Sources: Regional airline, Airbus, hedge funds, credit card companies. 

Hawaiian; 
Amount: $60; 
Year: 2005; 
Sources: RC Aviation. 

Source: Airline and media reports. 

[End of table] 

Our research indicates that the departure or liquidation of a carrier 
from a market does not necessarily lead to a long-term decline in local 
traffic (i.e., that which originates at or is destined for the 
particular airport) for that market. We contracted with InterVISTAS- 
ga2, an aviation consultant, to examine traffic to and from six cities 
that experienced the departure or significant withdrawal of service of 
an airline (see table 4). In most cases, while total capacity and 
passenger traffic decreased, the reduction was largely attributable to 
the loss of connecting passenger traffic from the departing carrier. 
There was little diminution in local passenger traffic for most of 
these markets because other carriers increased their capacity to 
replace the departing carrier's capacity. This research provides 
further evidence that demand drives capacity and that the departure of 
a carrier due to bankruptcy or a change in market strategy does not 
lead to a long-term decline in capacity. Appendix II contains 
additional detailed information on each case study. 

Table 4: Case Examples of Markets' Response to Airline Withdrawals: 

Market: Greensboro, NC; 
Year: 1995; 
Airline: Continental Lite dismantled service; 
Effect on passenger traffic: Other airlines' traffic increased. Origin 
and destination traffic decreased. 

Market: Nashville, TN; 
Year: 1995; 
Airline: American Airlines eliminated hub; 
Effect on passenger traffic: Other airlines' traffic increased. Origin 
and destination traffic increased. 

Market: Colorado Springs, CO; 
Year: 1997; 
Airline: Western Pacific moved operations to Denver; 
Effect on passenger traffic: Other airlines' traffic decreased. Origin 
and destination traffic decreased. 

Market: St. Louis, MO; 
Year: 2001; 
Airline: TWA acquired by American Airlines; 
Effect on passenger traffic: Other airlines' traffic decreased. Little 
change in origin and destination traffic. 

Market: Kansas City, MO; 
Year: 2002; 
Airline: Vanguard Airlines suspended service; 
Effect on passenger traffic: Little change in other airlines' traffic. 
Little change in origin and destination traffic. 

Market: Columbus, OH; 
Year: 2003; 
Airline: America West eliminated hub; 
Effect on passenger traffic: Other airlines' traffic increased. Little 
change in origin and destination traffic. 

Source: InterVISTAS-ga2 and Department of Transportation. 

Note: "Little change" means that origin and destination traffic 
increased or decreased less than 10 percent. Changes in passenger 
traffic are measured from 4 quarters before to 8 quarters after the 
airline's departure. 

[End of table] 

A major study of airline bankruptcies' effects on air service also 
found that bankruptcy generally does not harm individual airline 
markets. This April 2003 study examined all major chapter 11 
bankruptcies from 1984 through 2001 to determine if and how they 
affected air service.[Footnote 26] The study found that the effect of 
bankruptcies on large and small airports was insubstantial and not 
separable from normal fluctuations in air traffic. However, for medium- 
sized airports, the study found the bankruptcy of an airline with a 
significant share of flights reduced service by amounts that were 
statistically significant. 

Two major academic studies have found that airlines under bankruptcy 
protection do not lower their fares or hurt competitor airlines, as 
some have contended. A 1995 study found that an airline typically 
reduces its fares somewhat before entering bankruptcy.[Footnote 27] 
However, the study found that other airlines do not lower their fares 
in response and, more important, do not lose passenger traffic to their 
bankrupt rival and therefore are not harmed by the bankrupt airline. 
Another study came to a similar conclusion in 2000, this time examining 
the operating performance of 51 bankrupt firms, including 5 
airlines.[Footnote 28] Rather than examine fares as did the 1995 study, 
this study examined the operating and financial performance of bankrupt 
firms and their rivals. The study found that the performance of a 
bankrupt firm deteriorates before the firm files for bankruptcy and its 
rivals' profits also decline during this period. However, once the firm 
is in bankruptcy, its rivals' profits recover. 

Bankruptcies Are Not a Panacea and Few Airlines Have Emerged 
Successfully: 

With very few exceptions, airlines that entered bankruptcy did not 
emerge from it. Many of the advantages of bankruptcy stem from the 
legal protection afforded the debtor airline from its creditors, but 
this protection comes at a high cost in loss of control over airline 
operations and damaged relations with employees, investors, and 
suppliers. 

Bankruptcy Involves Costs: 

Bankruptcy involves many costs for airlines that file. The financial 
costs include the consultant and legal fees of managing a lengthy 
bankruptcy. For example, United, which filed for bankruptcy in December 
2002, had spent nearly $260 million in legal fees as of June 2005. A 
study of bankruptcy fees found that large companies generally spend an 
average of 2.2 percent of their assets on legal fees while in 
bankruptcy.[Footnote 29] The fees for United are high for a company of 
its size, and they are rising as the company continues to operate under 
chapter 11. These fees, thus far, make United's bankruptcy the seventh 
most costly bankruptcy of all time. Bankruptcy also wipes out 
shareholders' equity, which may mean significant losses for the 
original owners, and leaves them without a financial interest in the 
company. Finally, airlines in bankruptcy do not immediately receive all 
the cash from credit card ticket sales because credit card companies 
protect themselves against liquidation by withholding a large 
percentage of receipts until travel is actually taken. For the cash- 
flow-intensive airline business, this wait is difficult. 

In addition to financial costs, there are many negative factors to be 
considered by firms filing for bankruptcy. Notably, airline officials 
told us, loss of control over the airline's operations can be 
significant, because the courts must approve important changes, such as 
sales of assets or significant changes in fare structures or schedules. 
Rival airlines are able to learn of strategic changes well before they 
may occur. There may also be damage to public and customer perceptions 
of the airline. Finally, bankruptcy damages, sometimes permanently, 
relations with employees if they are made to bear a significant portion 
of the bankruptcy costs. In other cases, an airline may suffer a "brain 
drain" when its most talented employees seek employment elsewhere. 

Very Few Airlines Have Emerged Successfully from Bankruptcy: 

Very few airlines have emerged from bankruptcy and are still operating. 
Many others have gone out of business through liquidation or merger. Of 
the 162 airline bankruptcy filings by 142 different airlines since 
1978, 148 were for chapter 11 reorganization and 14 were for chapter 7 
liquidation (see table 5). Of the 148 chapter 11 reorganization 
filings, in only 18 cases does the airline still hold an operating 
certificate from the Federal Aviation Administration (FAA). 

Table 5: Bankruptcy Filings, 1978-2004: 

Filing for chapter 7 liquidation: 14. 

Filing for chapter 11 reorganization: 148: 

* Airline no longer certificated by FAA: 112. 

* Airline refiled for bankruptcy and is no longer certificated by FAA: 
18. 

* Airline is still certificated and operating: 18. 

Total filings: 162. 

Source: Air Transport Association and Department of Transportation. 

[End of table] 

Airlines Have Shed Billions in Pension Obligations, but Structural Cost 
Problems Remain: 

Market factors, management-labor decisions, and pension law provisions 
have played a role in airline pension underfunding of approximately 
$13.7 billion, with an estimated $10.4 billion in minimum funding 
requirements due from 2005 through 2008 as a result. These pension 
obligations contribute to the liquidity problems faced by legacy 
airlines that still operate pension plans, and may help cause 
additional airlines to declare bankruptcy. Remaining airline pensions 
expose PBGC to $23.7 billion in unfunded pension obligations and would 
result in significant benefit reductions to participants if their 
pension plans are terminated. PBGC has taken over a combined $24.9 
billion in pension obligations from US Airways and United within the 
last 3 years, at a cost of over $9.7 billion to the agency. While 
eliminating or easing pension plan obligations may help ease legacy 
airlines' immediate liquidity pressures, they do not eliminate the 
structural cost imbalance between legacy and low cost airlines, or 
guarantee that the legacy airlines will avoid bankruptcy. Pension 
reform proposals--including extending payment time frames, changing 
premium rules, and using a yield curve to calculate liabilities--would 
have differential effects among airlines and implications for PBGC. 

Pension Underfunding Will Require Airlines to Contribute a Minimum of 
$10.4 Billion to Plans between 2005 and 2008: 

Airline defined benefit pensions are underfunded by approximately $13.7 
billion, according to airline financial reports filed with 
SEC.[Footnote 30] This underfunding is down from $21 billion at the end 
of 2004 as a result of the termination and transfer of US Airways' 
remaining pension plans and all of United's pension plans to PBGC. 
Under existing law, minimum pension contribution requirements for the 
remaining legacy airlines that still operate plans are estimated to be 
at least $10.4 billion from 2005 through 2008. These minimum 
contribution requirements contribute to airline liquidity problems. 
Estimates suggest the combined costs of the minimum pension 
contribution requirements, long-term debt, capital leases, and 
operating leases will exceed available cash. 

Overfunded in 1999, Legacy Airlines' Pensions Were Underfunded by $21 
Billion at the End of 2004: 

The magnitude of legacy airlines' future pension funding requirements 
is attributable to the size of the pension shortfall that has developed 
since 2000. As recently as 1999, airline pensions were overfunded by 
$700 million, according to SEC filings; by the end of 2004, legacy 
airlines reported a deficit of $21 billion (see fig. 11), despite the 
termination of the US Airways pilots' plan in 2003. Since these 
filings, the total underfunding has declined to approximately $13.7 
billion, in part because of the termination of the remaining US Airways 
plans and all of the United plans.[Footnote 31] 

Figure 11: Funded Status of Legacy Airline Defined Benefit Plans, 1998- 
2004: 

[See PDF for image] 

Note: The termination of the United Airlines and remaining US Airways 
defined benefit pension plans in 2005 reduced the total shortfall to 
approximately $13.7 billion, according to 2004 year-end data. The SEC 
liability data used in this report may include some pension plans not 
guaranteed by PBGC. 

[End of figure] 

Extent of Pension Underfunding Varies Significantly by Airline: 

The extent of pension underfunding varies significantly by airline. At 
the end of 2004, before terminating its pension plans, United reported 
underfunding of $6.4 billion, an amount equal to over 40 percent of its 
total operating revenues in 2004. In contrast, Alaska reported pension 
underfunding of $303 million at the end of 2004, equal to 13.5 percent 
of its operating revenues. Since United terminated its pension plans, 
Delta and Northwest have the most significant pension funding deficits-
-over $5 billion and nearly $4 billion, respectively--which represent 
about 35 percent of each airline's 2004 operating revenues (see fig. 
12). PBGC released estimated after Delta and Northwest declared 
bankruptcy on September 14, 2005, stating that on a termination basis 
Delta's defined benefit plans were underfunded by $10.6 billion, while 
Northwest's underfunding totaled $5.7 billion. 

Figure 12: Pension Funding Status, 1998-2004: 

[See PDF for image] 

Note: Funding status is based on projected benefit obligation data and 
aggregates all plans sponsored by an airline into one measure. 

[End of figure] 

Over $10 Billion Needed to Meet Minimum Pension Contribution 
Requirements over the Next 4 Years: 

Under current law, companies whose pension plans fail certain funding 
benchmarks and are underfunded by more than 10 percent on a current 
liability basis must make deficit reduction contributions (DRC), in 
addition to other contributions, to remedy the underfunding.[Footnote 
32] Minimum contribution requirements, including DRCs, are estimated to 
total a minimum of $10.4 billion from 2005 through 2008.[Footnote 33] 
These estimates assume the expiration of the Pension Funding Equity Act 
(PFEA) at the end of this year.[Footnote 34] PFEA permitted airlines to 
defer the majority of their DRCs in 2004 and 2005. If this legislation 
is allowed to expire at the end of 2005, payments due from legacy 
airlines will significantly increase in 2006. According to PBGC data, 
legacy airlines are estimated to owe a minimum of $1.5 billion this 
year, nearly $2.9 billion in 2006, $3.5 billion in 2007, and $2.6 
billion in 2008 (see fig. 13). 

Figure 13: Legacy Airlines' Projected Minimum Contribution 
Requirements, 2005-2008: 

[See PDF for image] 

[End of figure] 

Market Factors, Management-Labor Decisions, and Pension Law Provisions 
Have Played a Role in Airline Pension Underfunding: 

Declines in pension plan assets from investment losses and low interest 
rates have been significant factors in current pension underfunding. 
Airline pension asset values dropped nearly 15 percent from 2001 
through 2004 because of the decline in the stock market, while future 
obligations have steadily increased because of (1) declines in the 
yields on the fixed-income securities used to calculate the liabilities 
of plans, and (2) new benefit accruals. Management and labor decisions 
increased pension obligations in profitable years, but much less was 
contributed to the pension funds than could have been. In addition to 
these factors, pension funding rules have not prevented plans from 
becoming significantly underfunded. Even though U.S. Airways and United 
Airlines were in full compliance with the minimum funding rules for 
pension plans prior to bankruptcy, their plans, in aggregate, were 
underfunded by nearly $15 billion at termination. 

Asset Declines Have Contributed to Pension Underfunding: 

Pension asset values for legacy airlines reached a high in 2000 of 
$35.8 billion. Investment returns turned negative in 2001 and caused 
the value of airline pension assets to decline. By 2002, the value of 
legacy airline pension assets dropped to $26.2 billion--a loss of over 
$9 billion (26.7 percent). By 2004, pension asset values recovered to 
$30.4 billion, about 15 percent below the high in 2000 (see fig. 14). 
If PBGC takes over an underfunded plan after it has been terminated, 
the plan's liabilities and assets are transferred to PBGC. If the 
plan's assets are insufficient to cover the plan's liabilities, PBGC, 
and sometimes plan participants, must assume the loss. While the 
Employment Retirement Income Security Act[Footnote 35] provides some 
standards of conduct for the plan sponsor's investment practices, the 
sponsor's chosen plan fiduciary has discretionary control over the 
management of plan assets. We did not examine the investment practices 
of airlines or other companies; however, one union has suggested that 
airline investment practices may have contributed to plan failure and 
has requested that PBGC conduct an audit to ensure the integrity of 
asset investment practices. PBGC, however, does not have the authority 
to conduct this type of audit; this responsibility falls under the 
authority of the Department of Labor. 

Figure 14: Legacy Airlines' Pension Assets and Returns, 1998-2004: 

[See PDF for image] 

[End of figure] 

Falling Interest Rates Have Increased the Value of Pension Liabilities: 

The decline in key interest rates compounded the loss in asset value by 
increasing the value of pension liabilities. Interest rates are 
critical factors in calculating the level of plan assets needed today 
in order to fulfill promised benefits. When interest rates are lower, 
projected returns on assets are lower, requiring more money to be 
invested today to finance promised future benefits. At a 6-percent 
interest rate, for example, a promise to pay $1 per year for the next 
30 years has a present value of $14. If the interest rate is reduced to 
1 percent, however, the present value of the promise to pay $1 per year 
for the next 30 years increases to $26. 

Bond yields underpinning the interest rates used to calculate pension 
liabilities on a current liability basis have been trending lower since 
the early 1980s, causing the value of future liabilities to grow. Until 
2004, the interest rate used to calculate liabilities on a current 
liability basis was based on the 30-year Treasury bond rate. PFEA 
changed the basis of this interest rate from the 30-year Treasury bond 
rate to a composite index of high-grade corporate bonds for years 2004 
and 2005. As figure 15 shows, the two rates track each other fairly 
closely, but the 30-year Treasury rate is lower. 

Figure 15: Corporate and 30-Year Treasury Bond Yields, 1977-2005: 

[See PDF for image] 

[End of figure] 

Management and Labor Decisions Contributed to the Size of Underfunding: 

In addition to market forces, decisions made by management and labor 
have increased pension liabilities. Although management and labor 
unions have agreed to a number of changes to collective bargaining 
agreements that have limited pension and other benefits in recent 
years, labor agreements have also increased pension liabilities in a 
number of instances since the late 1990s. In some instances, pension 
benefits increased beyond what financially weak airlines could 
reasonably afford. For example, in the spring of 2002, United's 
management and mechanics reached a new labor agreement that increased 
the mechanics' pension benefit by 45 percent, but the airline declared 
bankruptcy the following December.[Footnote 36] 

In addition, legacy airlines have funded their pension plans far less 
than they could have, even during the airlines' profitable years. PBGC 
examined 101 cases of airline pension contributions from 1997 through 
2002 and found that while airlines made the maximum deductible 
contribution in 10 cases, they made no contributions in 49 cases when 
they could have contributed.[Footnote 37] When airlines did make tax 
deductible contributions, the contributions were often far less than 
permitted. For example, in 2000, the airlines PBGC examined could have 
made a total of $4.2 billion in tax-deductible contributions, but they 
contributed only about $136 million despite recording profits of $4.1 
billion (see fig. 16).[Footnote 38] 

Figure 16: Legacy Airlines' Maximum Allowable Pension Contributions, 
Actual Pension Contributions, and Operating Profits, 1997-2002: 

[See PDF for image] 

[End of figure] 

Pension Funding Rules Have Not Prevented Pension Underfunding: 

PBGC has taken over a number of pension plans that have been 
substantially underfunded even though their sponsors were in full 
compliance with the minimum funding requirements. Existing laws 
governing pension funding and premiums have not protected PBGC from 
accumulating a significant long-term deficit and have not minimized the 
impact of PBGC's exposure to the moral hazard[Footnote 39] arising from 
insuring pension plans. The minimum funding rules depend on the plan 
sponsor being in good financial health and continuing operations 
indefinitely; the rules do not ensure that the plan sponsor will have 
the means to meet the plan's benefit obligations if the plan sponsor 
meets financial distress. Meanwhile, in the aggregate, premiums paid by 
plan sponsors under the pension insurance system have not adequately 
reflected the financial risk to which PBGC is exposed. Accordingly, 
defined benefit plan sponsors, acting within the rules, have been able 
to turn significantly underfunded plans over to PBGC, thereby creating 
PBGC's current deficit. This section addresses three aspects of the 
rules--the current liability measure, the use of credit balances in 
meeting funding requirements, and PBGC's premium structure.[Footnote 
40] 

* The current liability measure, which measures the value of a plan's 
accrued liabilities to date for funding purposes, may provide an overly 
optimistic picture of a plan's financial status and the sponsor's 
ability to fulfill its obligations. Such a picture is possible because 
the current liability measure tacitly assumes, among other things, that 
the plan and its sponsor are financially healthy, viable entities. For 
a plan whose sponsor is in financial trouble, a more conservative 
measure, the termination liability, is likely to present a more 
realistic picture of the liabilities the plan has accrued to 
date.[Footnote 41] From 1998 through 2002, airline pensions were 
consistently funded above 90 percent on a current liability basis. By 
that measure, the plan sponsors were not required to make contributions 
because the "full funding limitation" exemption applied. In contrast, 
the funding status of airline pensions on a termination basis during 
this time was under 90 percent in each year except 2000, with a spread 
of more than 25 percent between the two measures in 2003. Figure 17 
illustrates the difference in aggregate funding status shown by each 
measure. 

Figure 17: Legacy Airline Pension Assets as a Percent of Liabilities, 
1998-2003: 

[See PDF for image] 

[End of figure] 

The result is that pensions often are significantly more underfunded 
when plans are terminated than the current liability measure indicates. 
US Airways' and United Airlines' recent pension plan terminations 
illustrate this point. When these airlines terminated their pension 
plans, the plans' combined benefit liability was $24.9 billion. 
Combined assets in the funds totaled $10 billion--a 60 percent 
shortfall. 

* The ability of sponsors to use funding credits to fulfill minimum 
contribution requirements has also contributed to pension plan 
underfunding. Plan sponsors accumulate funding credits when they 
contribute more than the minimum contribution requirement in a plan 
year or when the plan's actual experience, including investment returns 
on assets, exceed expectations; these credits can then be substituted 
in later years for cash contributions. In this way, funding credits can 
act as a buffer against potentially volatile funding requirements and 
allow sponsors flexibility in managing their annual level of pension 
contributions. 

If the market value of a plan's assets declines, however, the value of 
funding credits may be significantly overstated. This overstatement 
occurs because credits are not measured at their market value and are 
credited with interest each year. For example, a sponsor can accrue a 
$1 million credit by making a $1 million contribution above the minimum 
contribution requirement. Even if the $1 million in assets loses all 
value in the following year, the $1 million credit balance remains and 
may be used as a credit toward the plan's minimum contribution 
requirement. In addition, the sponsor would have to report only a 
portion of that lost $1 million in asset value as a plan charge the 
following year because of smoothing rules that allow losses to be 
amortized over multiple years. 

Over the past 5 years, airlines have used funding credits to fulfill 
minimum contribution requirements despite significant levels of pension 
underfunding. For example, starting in 2000, United used funding 
credits to avoid making cash contributions to its pilots' plan, even 
though the true funded status of the plan had deteriorated. The plan 
was only 50 percent funded at termination. Similarly, US Airways 
avoided contributing cash to its pilots' plan by applying funding 
credits to fulfill its minimum contribution requirements. At 
termination, this plan was only 33 percent funded. 

* Finally, the premium structure in PBGC's single-employer pension 
insurance program does not reflect the agency's exposure to financial 
risk. Although PBGC premiums may be partially based on plan funding 
levels, they do not consider other relevant risk factors, such as the 
economic strength of the sponsor or the plan's asset investment 
strategies, benefit structure, or demographic profile. The current 
premium structure relies heavily on flat-rate premiums, which are 
unrelated to risk. PBGC also charges plan sponsors a variable-rate 
premium based on the plan's level of underfunding; however, underfunded 
plans are not required to pay this premium if they satisfy the full 
funding limit or another exemption. 

In addition, current pension funding and pension accounting rules-- 
especially those that permit assets to be smoothed rather than valued 
at their market rate--may encourage sponsors to invest in riskier 
assets and potentially benefit from higher expected long-term rates of 
return. In determinations of funding requirements, a higher expected 
rate of return on pension assets means that a plan needs to hold fewer 
assets to meet its future benefit obligations. Under current accounting 
rules, the greater the expected rate of return on plan assets, the 
greater the plan sponsor's operating earnings and net income. However, 
higher expected rates of return require riskier investments that lead 
to greater investment volatility and risk of losses. 

Airline Pension Underfunding Contributes to Airline Liquidity Problems, 
Threatens Employee Retirement Benefits, and Is Costing PBGC Billions: 

Estimated minimum pension contribution requirements of $10.4 billion 
over the next 4 years, combined with other fixed obligations, threaten 
the liquidity position of the remaining legacy airlines with pension 
plans. As a result, some airlines have suggested they will be forced to 
declare bankruptcy and terminate their pension plans if they are not 
granted some form of pension relief. Pension plan terminations often 
result in significant benefit cuts to participants and cost PBGC 
billions. When United and US Airways terminated their pension plans and 
transferred $19.6 billion in pension obligations to PBGC, participants 
lost a total of $5.3 billion in benefits, and PBGC incurred costs of 
$9.7 billion to cover the gap between guaranteed benefits and available 
assets. Remaining airline pension plans expose PBGC to an additional 
$23.7 billion in unfunded benefit obligations.[Footnote 42] Although 
pension plan terminations provide airlines with significant liquidity 
relief in the near term, these terminations alone will not make legacy 
airlines cost competitive with low cost airlines, which offer 401(k)- 
type defined contribution plans. 

Pensions Obligations Contribute to Airlines' Liquidity Problems, but 
Terminations Alone Do Not Solve Legacy Airlines' Structural Cost 
Disadvantage: 

The size of legacy airlines' future fixed obligations (including 
pensions, long-term debt, and capital and operating leases) relative to 
their financial position suggests these airlines will have trouble 
meeting their various financial obligations, regardless of whether they 
terminate their pension plans. Legacy airlines' fixed obligations in 
each year from 2005 through 2008 significantly exceed the total year- 
end 2004 cash balances of these same legacy airlines. Legacy airlines 
carried a combined cash balance of just under $10 billion going into 
2005 (see fig. 18) and have used cash to fund their operating losses. 
These airlines' fixed obligations are estimated to be over $15 billion 
in both 2005 and 2006, over $17 billion in 2007, and about $13 billion 
in 2008. Fixed obligations exceed total year-end 2004 cash by an 
average of $2.7 billion during this time even when pension obligations 
are not included. While cash from operations can fund some of these 
obligations, continued losses and the size of these obligations put 
these airlines in a sizable liquidity bind. Fixed obligations in 2008 
and beyond will likely increase as payments due in 2006 and 2007 may be 
pushed out and as new obligations are assumed. If these airlines 
continue to lose money this year, as analysts predict, their position 
will become even more tenuous. 

Figure 18: Comparison of Legacy Airlines' Year-end 2004 Cash Balances 
with Fixed Obligations, 2005-2008: 

[See PDF for image] 

[End of figure] 

Nor will easing required pension contribution requirements fix the 
legacy airlines' underlying structural cost disadvantage. Pension 
costs, while substantial, are only a small portion of legacy airlines' 
overall unit costs. The cost of legacy airlines' defined benefit plans 
accounted for approximately 0.4 cent per available seat mile, a 15 
percent difference between legacy and low cost airline unit costs (see 
fig. 3). The remaining 85 percent of the unit cost differential between 
legacy and low cost airlines is attributable to factors other than 
defined benefit pension plans. Furthermore, even if legacy airlines 
terminated their defined benefit plans, this portion of the unit cost 
differential would not be fully eliminated because, according to PBGC 
staff and industry labor officials we interviewed, other plans would 
replace the defined benefit plans. 

Airline Pensions Have Cost PBGC Billions and Expose the Agency to $23.7 
Billion in Benefit Liabilities: 

The cost to PBGC and participants of defined benefit pension plan 
terminations has grown in recent years as the level of pension 
underfunding has deepened (see table 6). When Eastern Airlines 
defaulted on its pension obligations of nearly $2.2 billion in 1991, 
for example, the net claim against PBGC totaled $701 million.[Footnote 
43] By comparison, US Airways' and United's pension plan terminations 
cost PBGC $9.7 billion in combined claims against the agency. 

Table 6: Costs of Terminating Airline Pension Plans: 

In millions of constant 2005 dollars. 

Eastern Airlines; 
Date of termination: 1991; 
Benefit liability[A]: $2,228; 
PBGC liability[B]: $2,080; 
Net claim on PBGC[C]: $701; 
Cost to participants[D]: $148. 

Pam Am; 
Date of termination: 1991; 
Benefit liability[A]: $1,674; 
PBGC liability[B]: $1,602; 
Net claim on PBGC[C]: $995; 
Cost to participants[D]: $72. 

TWA; 
Date of termination: 2001; 
Benefit liability[A]: $1,885; 
PBGC liability[B]: $1,836; 
Net claim on PBGC[C]: $728; 
Cost to participants[D]: $49. 

US Airways; 
Date of termination: 2003, 2005; 
Benefit liability[A]: $8,085; 
PBGC liability[B]: $6,022; 
Net claim on PBGC[C]: $3,062; 
Cost to participants[D]: $2,062. 

United Airlines; 
Date of termination: 2005; 
Benefit liability[A]: $16,800; 
PBGC liability[B]: $13,600; 
Net claim on PBGC[C]: $6,600; 
Cost to participants[D]: $3,200. 

Total; 
Benefit liability[A]: $30,671; 
PBGC liability[B]: $25,140; 
Net claim on PBGC[C]: $12,086; 
Cost to participants[D]: $5,531. 

Source: PBGC. 

Notes: Bureau of Economic Analysis GDP price indexes were used to 
calculate constant dollars. 

[A] The full value of the benefits promised to participants prior to 
termination. 

[B] The amount of the original benefit insured by PBGC after agency 
limits are imposed. 

[C] The difference between the PBGC liability and the assets 
transferred at termination. 

[D] The difference between the original benefit and the amount insured 
by PBGC that the participants lose when PBGC takes over a plan. 

[End of table] 

The remaining legacy airlines' defined benefit plans expose PBGC to 
billions more in potential losses. At the end of 2004, these legacy 
airlines reported $23.7 billion in total termination liabilities for 
their defined benefit plans, with assets to cover 48 percent of these 
obligations. 

Effect of Pension Plan Terminations on Airline Employees Varies: 

When US Airways and United terminated their pension plans, active and 
high-salaried employees generally lost more of their promised benefits 
than did retirees and low-salaried employees because of statutory 
limits. For example, PBGC generally does not guarantee benefits above a 
certain amount, currently $45,614 annually per participant retiring at 
age 65.[Footnote 44] For participants who retire before age 65, the 
guaranteed benefit amounts are less; for instance, participants who 
first receive benefits from PBGC at age 60 are guaranteed benefits of 
$29,649. Commercial pilots often end up with substantial benefit cuts 
when their plans are terminated because, according to PBGC, their 
benefits generally exceed PBGC's maximum guaranteed amount. In 
addition, if they elect to begin receiving benefits from PBGC at age 
60--the age at which FAA requires pilots to retire from operating 
commercial service flights--their benefits are cut further. While the 
loss of a defined benefit plan can be substantial for pilots, they 
typically have additional and sometimes sizable retirement plans, such 
as 401(k) plans, that supplement their pension plans. Nonpilot retirees 
are not as often affected by the maximum payout limits. For example, at 
US Airways, fewer than 5 percent of the retired mechanics and flight 
attendants faced benefit cuts when their pension plans were terminated. 
Retirees generally fare better than active employees because they 
receive higher priority when PBGC allocates existing assets at plan 
termination. For example, PBGC estimates that the pension benefits of 
all United's active ground employees will be cut, with 71 percent of 
these employees facing estimated cuts of between 1 percent and 25 
percent. Of United's retired ground employees, an estimated 39 percent 
will face benefit cuts; of these retired employees, an estimated 93 
percent will see reductions of between 1 to 25 percent. Tables 8 and 9 
summarize the expected cuts in benefits for different groups of 
United's active and retired employees. 

Table 7: Estimated Benefit Cuts for United Airlines Active Employees: 

Plan: Management, administrative, and public contact employees; 
Active employees in plan: 20,784; 
Active employees with benefit cuts: 19,231; 
Extent of benefit cuts: 1% to <25%: 1,696; 
Extent of benefit cuts: 25% to < 50%: 15,885; 
Extent of benefit cuts: 50% or more: 1,650. 

Plan: Ground employees; 
Active employees in plan: 16,062; 
Active employees with benefit cuts: 16,062; 
Extent of benefit cuts: 1% to <25%: 11,448; 
Extent of benefit cuts: 25% to < 50%: 3,441; 
Extent of benefit cuts: 50% or more: 1,173. 

Plan: Flight attendants; 
Active employees in plan: 15,024; 
Active employees with benefit cuts: 11,109; 
Extent of benefit cuts: 1% to <25%: 1,305; 
Extent of benefit cuts: 25% to < 50%: 7,067; 
Extent of benefit cuts: 50% or more: 2,737. 

Plan: Pilots; 
Active employees in plan: 7,360; 
Active employees with benefit cuts: 7,270; 
Extent of benefit cuts: 1% to <25%: 3,927; 
Extent of benefit cuts: 25% to < 50%: 2,039; 
Extent of benefit cuts: 50% or more: 1,304. 

Source: PBGC. 

Note: Estimates calculated using January 1, 2005, PBGC data. 

[End of table] 

Table 8: Estimated Benefit Cuts for United Airlines Retirees: 

Plan: Management, administrative, and public contact employees; 
Retirees in plan: 11,360; 
Retirees with benefit cuts: 2,996; 
Extent of benefit cuts: 1% to <25%: 2,816; 
Extent of benefit cuts: 25% to <50%: 104; 
Extent of benefit cuts: 50% or more: 76. 

Plan: Ground employees; 
Retirees in plan: 12,676; 
Retirees with benefit cuts: 4,961; 
Extent of benefit cuts: 1% to <25%: 4,810; 
Extent of benefit cuts: 25% to <50%: 121; 
Extent of benefit cuts: 50% or more: 30. 

Plan: Flight attendants; 
Retirees in plan: 5,108; 
Retirees with benefit cuts: 29; 
Extent of benefit cuts: 1% to <25%: 27; 
Extent of benefit cuts: 25% to <50%: 1; 
Extent of benefit cuts: 50% or more: 1. 

Plan: Pilots; 
Retirees in plan: 6,087; 
Retirees with benefit cuts: 3,041; 
Extent of benefit cuts: 1% to <25%: 1,902; 
Extent of benefit cuts: 25% to <50%: 975; 
Extent of benefit cuts: 50% or more: 164. 

Source: PBGC. 

Note: Estimates calculated using January 1, 2005, PBGC data. 

[End of table] 

In addition to reducing pension plan benefits, airlines have made 
significant cuts to active employees' health care benefits. For 
example, American Airlines increased its active pilots' monthly 
contributions for family health care coverage by 162 percent and began 
to require contributions by disabled pilots for health care coverage. 
Before 2003, United's ramp service employees did not have to make 
monthly contributions for family health care coverage; however, these 
employees now must contribute $173 a month for their coverage. While 
active employees' health benefits have been cut, retirees' health care 
plans have not changed significantly. Union officials said that 
reductions in retirees' health care benefit would not produce the 
savings sought by the airlines and were not considered foremost during 
contract negotiations. 

Congress Is Currently Considering Various Pension Reform Proposals: 

The decline of PBGC's financial condition, the expiration of PFEA at 
the end of the year, and pension plan terminations at US Airways and 
United have prompted congressional consideration of various reform 
proposals for defined benefit pensions. Currently, the three most 
prominent proposals are the administration's plan; H.R. 2830, "The 
Pension Protection Act of 2005;" and S. 219, "The National Employee 
Savings and Trust Equity Guarantee Act of 2005."[Footnote 45] All three 
are broad reform proposals that seek to strengthen the defined benefit 
pension system in the long term and attempt to resolve fundamental 
problems with the system, as highlighted in this report and other GAO 
reports.[Footnote 46] For example, all three proposals contain, among 
others, provisions that a) modify the measurement of pension assets and 
liabilities, b) increase the premiums paid to PBGC, c) restrict lump- 
sum distribution provisions, and d) adjust disclosure requirements. 

From the airlines' perspective, an important difference among the bills 
concerns the length of time over which they can amortize the large 
minimum contribution requirements currently due over the next 4 years. 
The administration's proposal and H.R. 2830 would use a 7-year payment 
period. According to a document issued by the Joint Committee on 
Taxation, S. 219 would extend the amortization payment period to 14 
years, but only for airlines that "freeze" their defined benefit 
plans.[Footnote 47] Table 9 suggests how this provision could 
significantly reduce the airlines' minimum contribution requirements in 
2006. Amortizing these obligations over 14 years would have an 
immediate impact on the airlines' liquidity. 

Table 9: 2006 Estimated Deficit Reduction Contribution Payments under 
Different Amortization Periods: 

Dollars in millions. 

Amortization period: 4 years; 
Alaska: 7; 
American: 149; 
Continental: 156; 
Delta: 936; 
Northwest: 562; 
Total: 1,810. 

Amortization period: 7 years; 
Alaska: 4; 
American: 85; 
Continental: 89; 
Delta: 535; 
Northwest: 321; 
Total: 1,034. 

Amortization period: 15 years; 
Alaska: 2; 
American: 40; 
Continental: 42; 
Delta: 250; 
Northwest: 150; 
Total: 483. 

Amortization period: 20 years; 
Alaska: 1; 
American: 30; 
Continental: 31; 
Delta: 187; 
Northwest: 112; 
Total: 362. 

Amortization period: 25 years; 
Alaska: 1; 
American: 24; 
Continental: 25; 
Delta: 150; 
Northwest: 90; 
Total: 290. 

Source: Bear Stearns. 

Note: Bear Stearns' report did not include estimates for the 14-year 
amortization period proposed for the airlines in S. 219. 

[End of table] 

The rationale for extending the amortization period is that unless 
airlines receive funding relief, existing minimum contribution 
requirements may have such an adverse effect on their liquidity that 
they will be forced into bankruptcy. The airlines then could terminate 
their pension plans and transfer billions in obligations to PBGC. To 
prevent such terminations, according to the Joint Committee on 
Taxation, S. 219 would decrease the required annual contribution by 
allowing the airlines to extend their payments over a longer period. 
Requiring the airlines to "freeze" their existing plans is designed to 
limit PBGC's exposure in case the airlines cannot recover financially 
and terminate the plans before fully funding them over the 14-year 
period. 

Although extending the amortization period would provide some liquidity 
relief to the remaining legacy airlines with defined benefit plans, it 
would not solve those airlines' overall financial problems, and the 
extent to which it would limit PBGC's exposure to additional pension 
liabilities is unclear. As shown in figure 18, pension obligations are 
only part of a much larger set of fixed obligations through 2008. Given 
these other fixed obligations and persistent high fuel prices, pension 
relief alone will not solve those airlines' financial problems, nor can 
it guarantee that airlines will not declare bankruptcy in the future. 
Furthermore, there is no assurance that PBGC's financial exposure will 
be limited. According to a summary by the Joint Committee on Taxation, 
S. 219 requires pensions to be frozen for the extended amortization 
period to apply; however, liabilities could still increase. For 
example, liabilities may increase with salary increases for existing 
participants because pension benefits are based on participants' 
salaries. Even if liabilities are frozen, a plan's assets could 
decrease, leaving PBGC with fewer assets to cover obligations. In the 
short term, extending the amortization period might prevent airline 
pension plan terminations, allow employees to collect more benefits 
than they might otherwise collect, and allow PBGC to avoid taking over 
plans that are significantly underfunded. In the long term, however, 
special treatment of airlines could potentially expose PBGC to even 
greater costs. 

Concluding Observations: 

After 27 years, deregulation continues to affect the structure of the 
airline industry. Dramatic changes in the level and nature of demand 
for air travel, combined with an equally dramatic evolution in how 
airlines meet that demand, have forced a drastic restructuring of the 
industry. Airlines have experienced greatly diminished pricing power 
since 2000. Profitability, therefore, depends on which airlines can 
most effectively compete on cost. This development has created inroads 
for low cost airlines and forced wrenching change on legacy airlines 
that long competed using a high-cost business model. 

The historically high number of airline bankruptcies and liquidations 
is a reflection of the industry's inherent instability. However, these 
events should not be misinterpreted as a cause of the industry's 
instability. There is no clear evidence that bankruptcy has contributed 
to the industry's economic ills, including overcapacity and 
underpricing, and there is some evidence to the contrary. Equally 
telling is how few of the airlines that have filed for bankruptcy 
protection are still doing business. Clearly, bankruptcy has not 
afforded these companies a special advantage. 

Bankruptcy has become a well-traveled path by which some legacy 
airlines are seeking to shed some of their costs and become more 
competitive. However, the termination of pension plan obligations by US 
Airways and United Airlines has had substantial and widespread effects 
on PBGC and on thousands of airline employees, retirees, and other 
beneficiaries. The recent filings by Delta Air Lines and Northwest 
Airlines only exacerbate these concerns. Liquidity problems, including 
$10.4 billion in near-term pension contributions, may force additional 
legacy airlines to follow suit. Some airlines are seeking legislation 
to allow more time to fund their pensions. If their plans are frozen so 
that their liabilities do not continue to grow, allowing an extended 
payback period may reduce the likelihood that these airlines will file 
for bankruptcy and terminate their pension plans in the coming year. 
However, unless these airlines can reform their overall cost structures 
and become more competitive with low cost competition, this change will 
be only a temporary reprieve. 

We have previously reported that Congress should consider broad pension 
reform that is comprehensive in scope and balanced in effect.[Footnote 
48] Revising plan funding rules is an essential component of 
comprehensive pension reform. For example, we recently testified that 
Congress should consider the incentives that pension rules and reform 
may have on other financial decisions within affected industries. Under 
current conditions, the presence of PBGC insurance may create certain 
"moral hazard" incentives--struggling plan sponsors may place other 
financial priorities above "funding up" their pension plans because 
they know PBGC will pay guaranteed benefits. Furthermore, because PBGC 
generally takes over underfunded plans of bankrupt companies, PBGC 
insurance may create an additional incentive for troubled firms to seek 
bankruptcy protection, which in turn may affect the competitive balance 
within the industry. 

Agency Comments: 

We provided a draft of this report to DOT and PBGC for their review and 
comment. DOT and PBGC officials provided some technical and clarifying 
comments that we incorporated as appropriate. DOT declined to provide 
written comments, and PBGC's written comments appear in appendix III. 
We also provided selected portions of a draft of this report to the Air 
Transport Association to verify the presentation of factual material. 
We incorporated their technical clarifications as appropriate. 

We are providing copies of this report to the Secretary of 
Transportation, the Executive Director of PBGC, and other interested 
parties and will make copies available to others upon request. In 
addition, this report will be available at no charge on the GAO Web 
site at [Hyperlink, http://www.gao.gov]. If you have any questions 
about this report, please contact me at 202-512-2834, or [Hyperlink, 
heckerj@gao.gov]. Contact points for our Offices of Congressional 
Relations and Public Affairs may be found on the last page of this 
report. Other key contributors are listed in appendix IV. 

Signed by: 

JayEtta Z. Hecker: 
Director, Physical Infrastructure Issues: 

List of Congressional Committees: 

The Honorable Ted Stevens: 
Chairman: 
The Honorable Daniel K. Inouye: 
Co-Chairman: 
Committee on Commerce, Science, and Transportation: 
United States Senate: 

The Honorable Conrad Burns: 
Chairman: 
The Honorable John D. Rockefeller: 
Ranking Minority Member: 
Subcommittee on Aviation: 
Committee on Commerce, Science, and Transportation: 
United States Senate: 

The Honorable Don Young: 
Chairman: 
The Honorable James L. Oberstar: 
Ranking Democratic Member: 
Committee on Transportation and Infrastructure: 
House of Representatives: 

The Honorable John L. Mica: 
Chairman: 
The Honorable Jerry F. Costello: 
Ranking Democratic Member: 
Subcommittee on Aviation: 
Committee on Transportation and Infrastructure: 
House of Representatives: 

[End of section] 

Appendixes: 

[End of section] 

Appendix I: Scope and Methodology: 

To examine the role of bankruptcy in the airline industry, we drew on 
information from a variety of sources. We interviewed airline 
officials, representatives of airline trade associations, 
representatives of law firms with significant experience in 
representing different parties involved in airline bankruptcies, credit 
and equity analysts, academic experts, and private consultants. We 
reviewed relevant research obtained from these and other sources. We 
interviewed government experts from the Department of Transportation 
(DOT) and its agencies--the Federal Aviation Administration (FAA) and 
the Bureau of Transportation Statistics (BTS). To determine the 
financial state of the airlines and the extent to which airlines were 
able to reduce costs during bankruptcy, we analyzed DOT Form 41 data. 
We obtained these data from BACK Aviation Solutions, a private 
contractor that GAO has contracted with to provide DOT Form 41 and 
other aviation data. To assess the reliability of these data, we 
reviewed the quality control procedures applied to the data by DOT and 
BACK Aviation Solutions and subsequently determined that the data were 
sufficiently reliable for our purposes. To examine the prevalence and 
length of airline bankruptcies and make comparisons with other 
industries, we obtained data from two databases: New Generation 
Research's bankruptcydata.com and Professor Lynn M. LoPucki's 
Bankruptcy Research Database. To assess the reliability of these data, 
we reviewed the quality control procedures applied to each data source 
and subsequently determined that the data were sufficiently reliable 
for our purposes. 

To assess whether bankruptcies are harming the airline industry, we 
reviewed relevant research, interviewed experts, and analyzed 
historical data on bankruptcies. We interviewed airline officials, 
representatives of airline trade associations and law firms with 
significant experience in representing different parties involved in 
airline bankruptcies, airline industry credit and equity analysts, 
academic experts, and private consultants. We also reviewed relevant 
research obtained from these and other sources. In addition, we 
interviewed government experts from DOT, FAA, and BTS. We also 
contracted with InterVISTAS-ga2, a private consulting firm, to analyze 
changes in air service and fares at six hub cities where an airline 
exited or significantly reduced its service. The cities were Colorado 
Springs, Colorado; Columbus, Ohio; Greensboro, North Carolina; Kansas 
City, Missouri; Nashville, Tennessee; and St. Louis, Missouri. 
InterVISTAS-ga2's analysis included an examination of changes in 
capacity (as measured by available seat miles, a common measure of the 
available capacity in a market) and in passenger traffic (from 4 
quarters before to 8 quarters after the airline left a given market or 
significantly reduced its operations there). InterVISTAS-ga2 used DOT 
airline data for this analysis; we reviewed the quality control 
procedures InterVISTAS-ga2 and DOT applied to these data to assess 
their reliability and determined that they were sufficiently reliable 
for our purposes. 

To assess the effect of airline pension underfunding on employees, 
airlines, and the Pension Benefit Guaranty Corporation (PBGC), we 
relied on a variety of sources. We drew on an extensive body of work 
that we have completed on private pension issues. We also interviewed 
airline officials, representatives of airline trade associations and 
airline labor unions, airline industry credit and equity analysts, 
academic experts, and officials from PBGC, DOT, FAA, and BTS. We 
reviewed relevant research obtained from these and other sources. To 
examine the current and historical financial status of airline pensions 
plans, we reviewed data from PBGC (from Forms 5500 and 4010) and 
Securities and Exchange Commission (SEC) filings, including funding 
contributions, funding status, and estimated future funding 
contribution requirements. To examine the effect of pension funding 
requirements on the financial status and cost competitiveness of 
airlines, we analyzed DOT Form 41 data obtained from BACK Aviation 
Solutions. To assess the reliability of these data, we reviewed the 
quality control procedures applied to the data by DOT and BACK Aviation 
Solutions and subsequently determined that the data were sufficiently 
reliable for our purposes. 

We performed our work from September 2004 through September 2005 in 
accordance with generally accepted government auditing standards. 

[End of section] 

Appendix II: Case Studies Describing Market Responses to Airline 
Withdrawals: 

For more in-depth information on what has occurred at hubs when 
carriers have significantly reduced their presence, we contracted with 
InterVISTAS-ga2,[Footnote 49] an aviation consulting firm, to collect 
and analyze data on changes in capacity, as measured in available seat 
miles (ASM),[Footnote 50] and traffic, including both local (origin and 
destination) and total traffic.[Footnote 51] During preliminary 
analysis and consultations, we screened out cases older than 10 years 
and eliminated others for which sufficient data were not available 
(thereby excluding, for example, the actions taken by US Airways at 
Pittsburgh in the latter half of 2004, because not enough time had 
passed to review these actions' possible effects on the market). 
Consequently, we selected the following six cases for examination: 

* Colorado Springs, Colorado--Western Pacific moved its operations to 
Denver (1997). 

* Columbus, Ohio--America West eliminated its hub (2003). 

* Greensboro, North Carolina--Continental Lite service was dismantled 
(1995). 

* Kansas City, Missouri--Vanguard Airlines ceased service (2002). 

* Nashville, Tennessee--American Airlines eliminated its hub (1995). 

* St. Louis, Missouri--TWA was acquired by American Airlines (2001). 

To eliminate the effects of seasonality, changes were measured from 4 
quarters before to 8 quarters after an event for a total of 12 quarters 
of data. We asked InterVISTAS-ga2 to provide us with benchmark industry 
data for the same periods. 

To determine changes in capacity and traffic, InterVISTAS -ga2 used 
data reported by airlines to DOT. InterVISTAS-ga2 calculated 4-quarter 
averages for each data element and determined percentage changes in 
these averages 1 and 2 years after the event. Because dehubbing, or 
withdrawing from a market, might occur over a period of time, however, 
there was no single "bright line" when the withdrawal occurred for most 
of these cases, so InterVISTAS -ga2 determined that the effective 
quarter of the withdrawal was generally the quarter with the greatest 
downturn in traffic. 

To determine whether a destination received service from a hub, we 
obtained and reviewed the number of departures reported to DOT for the 
first 4 quarters and the last 4 quarters of the period under review for 
each hub city and for each carrier. If a destination received at least 
80 departures in a quarter from any one carrier (roughly the equivalent 
of daily service, allowing for less service on weekends), we counted it 
as having received service. To determine whether small community 
destinations suffered losses of service when these hub cities were 
deemphasized, we assigned hub sizes to community airports on the basis 
of the Federal Aviation Administration's (FAA) hub designation list for 
the corresponding calendar year. We defined small community airports as 
small and nonhub airports that are not located in major metropolitan 
areas.[Footnote 52] 

Colorado Springs: Western Pacific Moved Its Operations to Denver: 

Colorado Springs served as the hub for Western Pacific Airlines, a low 
fare airline that flew medium-haul routes from April 1995 to June 1997. 
By June 1995, the airline was flying an average of 14 departures daily. 
Western Pacific chose Colorado Springs because it believed the airport 
could be an effective alternative to Denver International. In June 
1997, Western Pacific, which was then operating 32 departures daily 
from Colorado Springs, left Colorado Springs to establish a hub at 
Denver. However, the airline filed for chapter 11 bankruptcy protection 
on October 5, 1997, and shut down in February 1998. 

Western Pacific's departure from Colorado Springs in June 1997 resulted 
in significantly lower capacity and traffic. When Western Pacific left, 
a significant amount of capacity was taken from the market, resulting 
in decreased total traffic. (See fig. 19.) Local traffic also decreased 
significantly, by 43.6 percent. No small communities had received 
nonstop service out of Colorado Springs during this period, so none 
were directly affected by Western Pacific's move to Denver. (See fig. 
20.) 

Figure 19: Percentage Change in Colorado Springs Capacity and Total 
Traffic: 

[See PDF for image] 

Note: Percentage changes are calculated for the year beginning the 
third quarter of 1996 compared with the 2-year period beginning the 
third quarter of 1997. 

[End of figure] 

Figure 20: Number of Destinations Served from Colorado Springs: 

[See PDF for image] 

Note: We defined the period "before" Western Pacific's withdrawal as 
the third quarter of 1996 through the second quarter of 1997. The 
period "after" includes the third quarter of 1998 through the second 
quarter of 1999. 

[End of figure] 

Columbus: America West Eliminated Its Hub: 

America West began service at Columbus, Ohio, in December 1991--6 
months after its June 1991 chapter 11 bankruptcy filing[Footnote 53]-- 
with 5 daily departures. During February 2003, America West announced 
its plans to eliminate the Columbus hub operations. At that time, 
America West mainline was operating 9 daily departures out of 
Columbus.[Footnote 54] The airline reported the hub had lost $25 
million annually and indicated that the elimination of the hub was part 
of America West's response to difficult economic conditions. By 
February 2004, America West mainline was operating 4 daily departures 
from Columbus. 

The elimination of America West's hub operations at Columbus, Ohio, had 
little effect, since the carrier's mainline had captured less than 15 
percent of total traffic before it withdrew. Therefore, decreases in 
capacity and increases in total traffic were negligible. Total traffic 
increased slightly overall because Southwest was increasing its 
capacity. (See fig. 21.) However, this increase did not offset the 4.2 
percent decline in local traffic. No small communities were served 
nonstop out of Columbus by America West mainline. (See fig. 22). 

Figure 21: Percentage Change in Columbus Capacity and Total Traffic: 

[See PDF for image] 

Note: Percentage changes are calculated for the year beginning the 
first quarter of 2002 compared with the 2-year period beginning the 
first quarter of 2003. 

[End of figure] 

Figure 22: Number of Destinations Served from Columbus: 

[See PDF for image] 

Note: We defined the period "before" America West's hub elimination as 
the first quarter of 2002 through the fourth quarter of 2002. The 
period "after" includes the first quarter of 2004 through the fourth 
quarter of 2004. 

[End of figure] 

Greensboro: Continental Lite Service Was Dismantled: 

Greensboro was one of the focus cities for Continental's point-to- 
point, short-haul, no-frills, low-fare "Continental Lite" (CALite) 
service initiated in the eastern United States in October 1993. 
Continental quickly ramped up service from 3 departures per day to a 
high of 74 per day by September 1994. However, after operational 
problems and financial losses, Continental decided to dismantle the 
CALite service in 1995. In June 1995, the airline was offering 52 daily 
departures from Greensboro. By June 1998, Continental had reduced that 
number to 6. 

Dismantling the CALite service resulted in less overall capacity and 
traffic at Greensboro.[Footnote 55] Greensboro's overall capacity 
decreased despite capacity increases by other airlines. Total traffic 
decreased nearly 30 percent with the reduction of the CALite service. 
(See fig. 23.) Local traffic decreased 10.7 percent. 

Figure 23: Percentage Change in Greensboro Capacity and Total Traffic: 

[See PDF for image] 

Note: Percentage changes are calculated for the year beginning the 
third quarter of 1995 compared with the 2-year period beginning the 
third quarter of 1996. 

[End of figure] 

Continental served 21 markets nonstop before it dismantled the 
Greensboro hub; four of these were small community markets.[Footnote 
56] After the airline decreased its capacity at Greensboro, it 
continued nonstop service to its three hubs but cancelled nonstop 
service to the small communities. (See fig. 24.) 

Figure 24: Number of Destinations Served from Greensboro: 

[See PDF for image] 

Note: We defined the period "before" Continental's dismantling of 
CALite service in Greensboro as the third quarter of 1995 through the 
second quarter of 1996. The period "after" includes the third quarter 
of 1997 through the second quarter of 1998. 

[End of figure] 

Kansas City: Vanguard Ceased Operations: 

Vanguard Airlines began operating in 1994 as a low fare carrier and 
eventually operated a hub in Kansas City, Missouri, with 2 departures 
daily. Vanguard eventually served 13 percent of the passengers in 
Kansas City. On July 30, 2002, the airline ceased operations and filed 
for chapter 11 bankruptcy protection after being denied a federal loan 
guarantee by the Air Transportation Stabilization Board. When the 
company stopped operating, it had been flying 33 departures daily out 
of Kansas City. 

When Vanguard abruptly exited the Kansas City market, overall capacity 
and thus traffic declined somewhat. Vanguard had a 13 percent market 
share to Southwest's 36 percent share, and Southwest had cut its 
capacity out of Kansas City during the same period while overall other 
carriers had increased their capacity slightly. (See fig. 25). Local 
traffic decreased 6.8 percent. Vanguard served only one small community 
at the time it exited Kansas City, and during the period of our review 
no other carriers served that community from Kansas City, so one small 
community lost air service to Kansas City as a result of Vanguard's 
demise. (See fig. 26). 

Figure 25: Percentage Change in Kansas City Capacity and Total Traffic: 

[See PDF for image] 

Note: Percentage changes are calculated for the year beginning the 
third quarter of 2001 compared with the 2-year period beginning the 
third quarter of 2002. 

[End of figure] 

Figure 26: Number of Destinations Served from Kansas City: 

[See PDF for image] 

Note: We defined the period "before" Vanguard's demise as the third 
quarter of 2001 through the second quarter of 2002. The period "after" 
includes the third quarter of 2003 through the second quarter of 2004. 

[End of figure] 

Nashville: American Dismantled a Hub: 

Nashville was one of six American Airlines hubs. The airline opened the 
hub in April 1986, and at its peak in January 1992, it operated 135 
daily departures out of Nashville.[Footnote 57] In December 1994, just 
before it started dismantling the Nashville hub, it reduced daily 
departures to 80. By December 1996, American had further reduced its 
service at Nashville to 22 daily departures. 

When American dismantled its Nashville hub, overall capacity and total 
traffic declined. Other airlines increased their capacity and their 
traffic substantially when American decreased its service. However, 
because American had been so dominant at Nashville, a small decline in 
overall traffic occurred. (See fig. 27.) Local traffic, however, 
increased 28 percent. Southwest increased its share of Nashville's 
traffic from 13 percent the year before American pulled out to 33 
percent 2 years later. 

Figure 27: Percentage Change in Nashville Capacity and Total Traffic: 

[See PDF for image] 

Note: Percentage changes are calculated for the year beginning the 
first quarter of 1994 compared with the 2-year period beginning the 
first quarter of 1995. 

[End of figure] 

When American Airlines dehubbed at Nashville, few small communities 
were among those receiving service. As a result of the carrier's 
actions, fewer total destinations--and just one small community-- 
received nonstop air service from that city. American and American 
Eagle had served 32 of the 44 total nonstop destinations out of 
Nashville, and 2 years later, American served 7 of 34 total 
destinations. In the year before American's dehubbing at Nashville, 
eight small hubs were served out of Nashville, five of which were 
served by American and American Eagle. Two years later, American and 
American Eagle had eliminated their small community service from 
Nashville; another carrier maintained service to one small community. 
(See fig. 28). 

Figure 28: Number of Destinations Served from Nashville: 

[See PDF for image] 

Note: We defined the period "before" Continental eliminated its hub as 
the first quarter of 1994 through the fourth quarter of 1994. The 
period "after" includes the first quarter of 1996 through the fourth 
quarter of 1996. 

[End of figure] 

St. Louis: American Acquired TWA: 

When Trans World Airlines (TWA) filed for bankruptcy protection for the 
third time on January 10, 2001, the airline had been operating a 
domestic hub out of St. Louis and offering 324 departures daily. By the 
end of that year, TWA--which had reduced its daily departures to 281-- 
had been acquired by American Airlines. American departures out of St. 
Louis in 2001 decreased from 17 daily in January to 4 daily in 
December. In January 2002, American departures increased to 286 daily 
with the acquisition of TWA.[Footnote 58] 

With American's takeover of TWA, capacity rose slightly in St. Louis 
while total traffic decreased. The decrease in total traffic occurred 
in spite of American's dramatic increase in traffic as it took over 
TWA. (See fig. 29.) Local traffic, meanwhile, declined 6.1 percent 
overall. 

Figure 29: Percentage Change in St. Louis Capacity and Total Traffic: 

[See PDF for image] 

Note: Percent changes are calculated for the year beginning the third 
quarter of 2001 compared with the 2-year period beginning the third 
quarter of 2002. 

[End of figure] 

While TWA served a total of 27 small communities before the 
acquisition, 11 of these were also served by American Airlines. Of the 
16 markets that TWA served alone, American maintained service to 13 
after the acquisition. Overall, however, more small communities 
received nonstop service from St. Louis after American acquired TWA. 
(See fig. 30). 

Figure 30: Number of Destinations Served from St. Louis: 

[See PDF for image] 

Note: We defined the period "before" American's acquisition of TWA as 
the third quarter of 2001 through the second quarter of 2002. The 
period "after" includes the third quarter of 2003 through the second 
quarter of 2004. The number of nonhubs served by all carriers after the 
acquisition includes 8 nonprimary airports. Nonprimary airports are 
commercial service airports enplaning 2,500 to 10,000 passengers 
annually. Primary airports (nonhubs, small hubs, medium hubs, and large 
hubs) have more than 10,000 enplanements annually and receive federal 
Airport Improvement Program funds. 

[End of figure] 

[End of section] 

Appendix III: Comments from the Pension Benefit Guaranty Corporation: 

Pension Benefit Guaranty Corporation: 
1200 K Street, N.W., 
Washington, D.C. 20005-4026: 

Office of the Executive Director: 

SEP 16 2005: 

JayEtta Z. Hecker:
Director, Physical Infrastructure Issues:
United States Government Accountability Office: 
441 G Street, NW:
Washington, DC 20548: 

Dear Ms. Hecker: 

Thank you for providing the PBGC the opportunity to review and comment 
on GAO's draft report, Commercial Aviation: Bankruptcy and Pension 
Problems Are Symptoms of Underlying Structural Issues. We commend you 
and your team for examining the many issues affecting the funded status 
of defined benefit pension plans and the special problems that face 
defined benefit plans sponsored by companies in the airline industry. 
The report is especially timely given the recent bankruptcy filings by 
Delta Air Lines and Northwest Airlines. This report complements other 
recent GAO reports that highlight problems with the current pension 
funding rules. [NOTE] 

The report makes two important points regarding airlines' pension 
problems. First, the report highlights the fact that pension 
contribution requirements, large as they appear to be, represent a 
relatively small proportion of the airlines' future fixed costs (and an 
even smaller part of their total costs). Second, the report explains 
that the very high levels of pension underfunding in the airline 
industry are the result of flawed minimum funding requirements and 
decisions made by corporate management. Companies did not contribute as 
much cash as they could when times were good, and in certain cases 
contributed no cash at all when it was needed most. Too often, the 
airlines satisfied their pension funding requirements with so-called 
credit balances rather than cash payments that actually would have 
improved the plans' funding levels. While the existing levels of 
underfunding may result in financial and cash flow burdens on the 
sponsors, they have the responsibility for ensuring that these pension 
promises are honored by adequately funding their plans. 

The report clearly shows that pension underfunding can lead to harsh 
consequences for workers and retirees, as well as companies that have 
acted responsibly in honoring their pension promises. When the United 
Airlines and US Airways plans were terminated, participants lost $5.3 
billion of the $24.9 billion in benefits they had earned and were 
expecting to receive in retirement. The plans of Delta and Northwest 
Airlines are underfunded by a combined $16.3 billion. If these plans 
terminate, participants will lose over $5 billion in earned benefits. 
Such losses can be devastating, especially for those in or near 
retirement. In addition, Plan sponsors face increased PBGC premiums as 
a result of the large losses the pension insurance program has incurred 
during the past four years. As a result, all plan sponsors will have to 
pay more to cover the claims from the plans of those sponsors who 
failed to properly fund their plans. 

One aspect of the report we found confusing was the mixed use of 
underfunding data from two sources--the companies' 10-K filings with 
the SEC (which show $13.7 billion in pension underfunding) and the 
reports some of these companies file with PBGC as required under 
section 4010 of ERISA (which show underfunding of about $23.7 billion). 
From our perspective, the 4010 data are the more appropriate because 
the SEC data are aggregated across all defined benefit plans sponsored 
by the company (whether or not insured by PBGC) and because the SEC 
data are not based on the termination value of plan liabilities. We 
recognize that the Congress has restricted the ability of PBGC and GAO 
to disclose the 4010 data on a plan-by-plan basis. To provide better 
transparency on the funded status of defined benefit plans, the 
Administration's pension reform proposal includes a provision that 
would eliminate this restriction and make the 4010 data publicly 
available. 

Again, I would like to thank GAO for preparing this timely report which 
strongly makes the case that pension funding reform is needed. Your 
report ably demonstrates the unfortunate consequences that can occur 
given the weak funding rules currently in place. We are looking forward 
to working with GAO and the Congress on measures to strengthen the 
defined benefit pension system and America's pension insurance program. 

Sincerely, 

Signed by: 

Bradley D. Belt: 

[NOTE] See: Pension Benefit Guaranty Corporation: Single-Employer 
Pension Insurance Program Faces Significant Long-Term Risks, GAO-04-90 
(Washington, D.C.: Oct. 29, 2003); Private Pensions: Recent Experiences 
of Large Defined Benefit Plans Illustrate Weaknesses in Funding Rules, 
GAO-05-294 (Washington, D.C.: May 31, 2005); Private Pensions: Revision 
of Defined Benefit Pension Plan Funding Rules Is an Essential Component 
of Comprehensive Pension Reform, GAO-05-794T (Washington, D.C.: June 
7,2005); and Private Pensions: The Pension Benefit Guaranty Corporation 
and Long-Term Budgetary Challenges, GAO-05-772T (Washington, D.C.: June 
9, 2005). 

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

JayEtta Z. Hecker (202) 512-2834: 

Acknowledgments: 

In addition to those named above, Joseph Applebaum, Paul Aussendorf, 
Barbara Bovbjerg, Anne Dilger, David Eisenstadt, Charles J. Ford, David 
Hooper, Charles A. Jeszeck, Ron La Due Lake, Steven Martin, Scott 
McNulty, George Scott, Richard Swayze, Roger J. Thomas, and Pamela 
Vines made key contributions to this report. 

[End of section] 

Related GAO Products: 

[End of section] 

Private Pensions: The Pension Benefit Guaranty Corporation and Long- 
Term Budgetary Challenges. GAO-05-772T. Washington, D.C.: June 9, 2005. 

Private Pensions: Government Actions Could Improve the Timeliness and 
Content of Form 5500 Pension Information. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-294]. 
Washington, D.C.: June 3, 2005. 

Highlights of a GAO Forum: The Future of the Defined Benefit System and 
the Pension Benefit Guaranty Corporation. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-578SP]

Washington, D.C.: June 1, 2005. 

Private Pensions: Recent Experiences of Large Defined Benefit Plans 
Illustrate Weaknesses in Funding Rules. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-05-294]. 
Washington, D.C.: May 31, 2005. 

Commercial Aviation: Legacy Airlines Must Further Reduce Costs to 
Restore Profitability. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-04-836]. 
Washington, D.C.: August 11, 2004. 

Private Pensions: Publicly Available Reports Provide Useful but Limited 
Information on Plans' Financial Condition. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-04-395]. 
Washington, D.C.: March 31, 2004. 

Private Pensions: Multiemployer Plans Face Short-and Long-Term 
Challenges. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-04-423]. 
Washington, D.C.: March 26, 2004. 

Private Pensions: Timely and Accurate Information Is Needed to Identify 
and Track Frozen Defined Benefit Plans. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-04-200R]. 
Washington, D.C.: December 17, 2003, 

Pension Benefit Guaranty Corporation: Single-Employer Pension Insurance 
Program Faces Significant Long-Term Risks. 
[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-04-90]. 
Washington, D.C.: October 29, 2003. 

(544096): 

FOOTNOTES 

[1] Two other smaller carriers--ATA Airlines and Aloha--are also in 
bankruptcy protection. Hawaiian Airlines emerged from bankruptcy 
protection in June of this year. 

[2] Through its single-employer insurance program, PBGC insures certain 
benefits of the more than 34 million worker, retiree, and separated 
vested participants of over 29,000 private-sector defined benefit 
pension plans. Defined benefit pension plans promise a benefit that is 
generally based on an employee's salary and years of service, with the 
employer being responsible to fund the benefit, invest and manage plan 
assets, and bear the investment risk. A single-employer plan is one 
that is established and maintained by only one employer. It may be 
established unilaterally by the sponsor or through a collective 
bargaining agreement. 

[3] GAO, Commercial Aviation: Legacy Airlines Must Further Reduce Costs 
to Restore Profitability, GAO-04-836 (Washington, D.C.: Aug. 11, 2004). 

[4] Despite variation in the size and financial condition of the 
airlines in each of these categories, there are more similarities than 
differences for airlines in each group. Each of the legacy airlines 
adopted a hub-and-spoke network model that can be more expensive to 
operate than a simple point-to-point service model. Low cost airlines 
have generally entered the market since 1978, are smaller, and 
generally employ the less costly point-to-point service model. The 
seven low cost airlines (AirTran, America West, ATA, Frontier, JetBlue, 
Southwest, and Spirit) have had consistently lower unit costs than the 
seven legacy airlines (Alaska, American, Continental, Delta, Northwest, 
United, and US Airways). 

[5] Severe acute respiratory syndrome. 

[6] 11 U.S.C. § 101 et seq. 

[7] Henceforth, unless otherwise specified, references to airline 
"bankruptcies" will mean bankruptcies filed under chapter 11 of the 
bankruptcy code. 

[8] Currently, bankruptcy cases in Alabama and North Carolina are not 
within the jurisdiction of the U.S. Trustee Program. 

[9] U.S. Trustees, upon order of the bankruptcy court, may also appoint 
a private trustee to run the airline if it is determined that the 
airline's current management has operated fraudulently or 
incompetently, or if such action is deemed to be in the interests of 
the creditors. A private trustee was appointed in the March 2003 
Hawaiian Airlines bankruptcy case. 

[10] ATSB ultimately provided $1.608 billion in loan guarantees to 6 
airlines (Aloha, World, Frontier, US Airways, ATA, and America West). 

[11] Since 1936, airline employees have fallen under the jurisdiction 
of the Railway Labor Act (RLA), 45 U.S.C. section 151, et seq. Under 
RLA, collective bargaining agreements do not expire; they instead 
become amendable. The act provides for a lengthy process before 
employees are allowed to strike and even at the point of a strike, a 
presidential intervention could preclude a strike. In recent airline 
bankruptcy cases, airlines gained permission from the courts to 
abrogate collective bargaining agreements and unions have threatened 
strikes in response. There is uncertainty as to whether a strike by 
airline employees whose contract has been abrogated in bankruptcy would 
violate RLA. 

[12] The Employee Retirement Income Security Act of 1974 (ERISA) and 
the Internal Revenue Code of 1986 set forth standards and requirements 
that apply to defined benefit plans. 

[13] This number includes repeat filings (e.g., US Airways in 2002 and 
2004) as well as filings by different incarnations of airlines (e.g., 
Pan Am in 1991 and 1998). 

[14] Additional applicants are requesting certification to provide 
cargo, charter, and helicopter services. 

[15] Richard D. Gritta et al., "The Instability of the Profitability of 
the Major U.S. Domestic Airlines: Risk and Return Over the Period 1983- 
2001--A Comparison to Other Industrial Groups," Credit and Financial 
Management Review, Vol. 11, No. 1 (Spring Quarter 2005). 

[16] Excluding Delta and Northwest Airlines, both of which filed for 
chapter 11 just before this report was issued. 

[17] 11 U.S.C. Sec. 362(a). Under certain circumstances, however, 
secured creditors, governmental bodies, and other interests can obtain 
relief from the automatic stay. 

[18] P.L. 109-8. 

[19] For this comparison, we relied on two different but complementary 
databases: Professor Lynn M. LoPucki's Bankruptcy Research Database and 
New Generation Research's bankruptcydata.com. The Bankruptcy Research 
Database contains data--for such factors as duration, number of 
employees, and assets--on the chapter 11 filings of public companies 
with assets over $100 million that are required to file a form 10-K 
(annual report) with SEC. Bankruptcydata.com provides information on 
public companies with more than $50 million in assets that file for 
bankruptcy. 

[20] PricewaterhouseCoopers' 2004 Phoenix Forecast: Bankruptcy 
Barometer. Comparable data for assets and liabilities before and after 
bankruptcy were not available for 31 of the 50 companies (2 airlines 
and 29 other companies). 

[21] As measured in 1980 dollars. 

[22] The National Commission to Ensure a Strong Competitive Airline 
Industry, "Change, Challenge and Competition: A Report to the President 
and Congress," August 1993. 

[23] "[B]ankrupt carriers severely damage the economic health of the 
entire airline industry. They transmit their financial condition to 
other, solvent carriers much like a virus is transmitted from the sick 
to the healthy" Aviation Week & Space Technology, 3, May 1993, p. 66. 

[24] GAO, Airline Competition: Industry Competitive and Financial 
Issues. GAO-T-RCED-93-49 June 9,1993. 

[25] The value chain is based on the process view of organizations, the 
idea of seeing a manufacturing or service organization as a system made 
up of subsystems, each with inputs, transformation processes, and 
outputs. The inputs, transformation processes, and outputs involve the 
acquisition and consumption of resources - e.g., money, labor, 
materials, equipment, and management --and how the value chain 
activities are carried out determines costs and revenues. Airlines, to 
adopt Porter's terminology, can be seen as being at the end of a chain 
of vertical linkages that supply the ultimate air transport service. 
Michael E. Porter, "Competitive Advantage: Creating and Sustaining 
Superior Performance" and Kenneth Button, "Wings Across Europe: Towards 
An Efficient European Air Transport System." 

[26] Severin Borenstein and Nancy L. Rose, Do Airline Bankruptcies 
Reduce Air Service?, National Bureau of Economic Research Working Paper 
9636, April 2003. 

[27] Severin Borenstein and Nancy L. Rose, Do Airlines in Chapter 11 
Harm Their Rivals?: Bankruptcy and Pricing Behavior in U.S. Airline 
Markets, National Bureau of Economic Research Working Paper 5047, 
February 1995. 

[28] Robert E. Kennedy, "The Effect of Bankruptcy Filings on Rivals' 
Operating Performance: Evidence From 51 Large Bankruptcies," 
International Journal of the Economics of Business; February 2000; pp. 
5-25. 

[29] Lynn M. LoPucki and Joseph W. Doherty, "The Determinants of 
Professional Fees in Large Bankruptcy Reorganization Cases," UCLA 
School of Law, Law & Econ Research Paper No. 3-14, Journal of Empirical 
Legal Studies, Vol. 1, January 2004. 

[30] Exact pension underfunding varies daily because pension assets 
change with market factors, and liabilities change with, among other 
things, market factors and changes to labor agreements. This 
underfunding estimate is based on year-end 2004 SEC filings, and does 
not include pension data from United and US Airways because their plans 
have been or are being terminated. 

[31] SEC data and PBGC data on the funded status of plans can differ 
because they serve different purposes, provide different information, 
and are calculated differently. Corporate financial statements show the 
aggregate effect of all of a company's defined benefit pension plans on 
its overall financial position and performance. These data show airline 
defined benefit plans were underfunded by $21 billion at the end of 
2004; excluding the US Airways and United plans lowers this figure to 
$13.7 billion. The PBGC data focus, in part, on the funding needs of 
each pension plan. The two sources may also differ in the rates assumed 
for investment returns on pension assets, how these rates are used, and 
the rates used to calculate the values of pension liabilities. As a 
result, the information available from the two sources often may appear 
to be inconsistent. According to data filed on Form 4010 with PBGC 
("4010" data), airline pension plans were underfunded by $33.2 billion 
at the end of 2004; excluding the data for US Airways and United plans 
lowers this figure to $23.7 billion. For more information on which 
agency's data we used in different sections of this report, see app. I. 
See also GAO, Private Pensions: Publicly Available Reports Provide 
Useful but Limited Information on Plans' Financial Condition, GAO-04- 
395 (Washington, D.C.: Mar. 31, 2004) and GAO, Pension Benefit Guaranty 
Corporation: Single-Employer Pension Insurance Program Faces 
Significant Long-Term Risks, GAO-04-90 (Washington, D.C.: Oct. 29, 
2003). 

[32] If a single-employer plan is at least 90 percent funded on a 
current liability basis, the sponsor is not required to make any 
contributions because of a "full funding limit" exemption. If the value 
of plan assets is less than 90 percent of the sponsor's current 
liability, a plan may be subject to a deficit reduction contribution. 
However, a plan is not subject to this requirement if the value of plan 
assets (1) is at least 80 percent of current liability and (2) was at 
least 90 percent of current liability for each of the 2 immediately 
preceding years or for each of the second and third immediately 
preceding years. To determine whether the additional funding rule 
applies to a plan, the Internal Revenue Code requires sponsors to 
calculate current liability using the highest interest rate allowable 
for the plan year. See 26 U.S.C. 412(l)(9)(C). See GAO, Private 
Pensions, Recent Experiences of Large Defined Benefit Plans Illustrate 
Weaknesses in Funding Rules, GAO-05-294 (Washington, D.C.: May 31, 
2005). 

[33] These estimates are based on 4010 filings and include data only 
for legacy airlines that currently sponsor defined benefit pension 
plans and reported their estimated pension obligations to PBGC. Pension 
law provisions prohibit publicly identifying the airlines and other 
plan sponsors that have reported 4010 information. 

[34] Pension Funding Equity Act of 2004 (P.L. 108-218, Apr. 10, 2004). 
A provision of this act changed the interest rate used to calculate 
future liability from the 30-year Treasury bond rate to a corporate 
bond rate, which effectively reduced the measured value of future 
liabilities. 

[35] 29 U.S.C. Sec. 1104. 

[36] The increase in benefits was not fully guaranteed by PBGC because 
PBGC phases in benefit increases made through plan amendments over 5 
years. PBGC guarantees the greater of 20 percent of the benefit 
increase or $20 per month of the increase on the anniversary of the 
date the increase was effective. For example, if the plan was 
terminated more than 3 years but less than 4 years after the benefit 
increase, then PBGC would guarantee the greater of 60 percent of the 
increase or $60 per month in increased benefits. The exact date of the 
termination may not be important for the phase-in except to the extent 
that it affects the guaranteed benefit amount. 

[37] These 101 cases covered 18 pension plans sponsored by five 
airlines. 

[38] Pension funding rules permit sponsors to choose the interest rate 
used to measure the plan's current liability from a specified range of 
interest rates. The interest rate, in conjunction with other factors, 
determines the maximum deductible pension contribution. Currently, the 
interest rate must be chosen from an interest rate "corridor" that is 
based on an index of investment-grade corporate bonds. In calculating 
the maximum deductible contribution, a higher interest rate produces a 
lower liability value and a lower deductible contribution limit. The 
maximum deductible contributions referred to in this paragraph and in 
figure 16 are calculated using the lowest interest rate permissible 
from the interest rate corridor. 

[39] Moral hazard emerges when the insured parties--in this case, plan 
sponsors and participants--engage in behavior that they would not 
otherwise have engaged in had they not been insured against certain 
losses. In the case of the pension insurance system, such behavior 
might include the willingness of parties to enter into agreements that 
increase pension liabilities, rather than taking wage increases. 

[40] An ongoing body of GAO work addresses these and other related 
issues more comprehensively. See, for example, GAO, Private Pensions, 
Recent Experiences of Large Defined Benefit Plans Illustrate Weaknesses 
in Funding Rules, GAO-05-294, (Washington, D.C.: May 31, 2005). 

[41] The termination liability measures the value of accrued benefits 
using assumptions appropriate for terminating a plan. 

[42] These estimates include only legacy airlines that currently 
sponsor defined benefit pension plans and reported their estimated 
pension obligations to PBGC. Pension law provisions prohibit publicly 
identifying the airlines that have reported 4010 information. 

[43] This dollar figure and other data in this section have been 
converted to constant 2005 dollars. 

[44] This guarantee level applies to plans that are terminated in 2005. 
The amount guaranteed is adjusted actuarially (1) for the participant's 
age when PBGC first begins paying benefits and (2) if benefits are not 
paid as a single-life annuity. Because of the way the Employee 
Retirement and Income Security Act of 1974 (ERISA), as amended, 
allocates plan assets to participants, certain participants can receive 
more than the PBGC-guaranteed amount. 

[45] According to a Senate Finance Committee press release (9/27/05), 
agreement has been reached on a compromise bill, the "Pension Security 
and Transparency Act", which would include elements of S. 219, 
including a special provision for airlines that would extend the 
amortization period for paying unfunded pension liabilities to 14 
years. 

[46] See list of GAO reports in appendix V. 

[47] See Joint Committee on Taxation, Modifications To The Senate 
Finance Committee Chairman's Mark Of The "National Employee Savings And 
Trust Equity Guarantee Act Of 2005" (JCX-57-05), July 26, 2005. 

[48] See GAO-04-90; GAO-05-108T; GAO, Pension Benefit Guaranty 
Corporation: Single-Employer Pension Insurance Program Faces 
Significant Long-Term Risks, GAO-03-873T (Washington, D.C.: Sept. 4, 
2003); Pension Benefit Guaranty Corporation: Long-Term Financing Risks 
to Single-Employer Insurance Program Highlight Need for Comprehensive 
Reform, GAO-04-150T (Washington, D.C.: Oct. 14, 2003); Private 
Pensions: Changing Funding Rules and Enhancing Incentives Can Improve 
Plan Funding, GAO-04-176T (Washington, D.C.: Oct. 29, 2003). 

[49] InterVISTAS-ga2 is an aviation consulting firm specializing in 
policy, regulatory, and economic analysis and planning. 

[50] Available seat miles are the number of seats offered by an airline 
multiplied by the number of scheduled miles flown. This is a typical 
measure of capacity in the airline industry. 

[51] Origin and destination traffic is local traffic that originates at 
or is destined for a particular hub but does not connect through the 
hub. Total traffic is the combination of a carrier's enplanements and 
deplanements and thus includes passenger traffic that connects to 
another flight at the airport. 

[52] The categories of airports--large hub, medium hub, small hub, and 
nonhub--are defined by statute. Small hubs and nonhubs are defined in 
49 U.S.C. 41731. The categories are based on the number of passengers 
boarding an aircraft (enplanements) for all operations of U.S. carriers 
in the United States. A small hub enplanes 0.05 to 0.249 percent of all 
passengers, and a nonhub less than 0.05 percent. In 2003, the latest 
year for which FAA had data, there were 68 small hubs and 236 nonhubs. 

[53] America West emerged from bankruptcy on August 25, 1994. 

[54] Although America West Express also provided service out of 
Columbus during this time, we did not include Express capacity, 
traffic, and departure data in this analysis. 

[55] Continental Express capacity and traffic changes out of Greensboro 
are not included in this analysis. 

[56] Continental Express, then Continental's wholly owned regional 
affiliate, also provided service out of Greensboro, and its 
destinations are included in the tallies for Continental. 

[57] American Eagle, the regional subsidiary owned by American's parent 
company, AMR Corp., also provided service out of Nashville, and its 
traffic, capacity, and destinations are included in the tallies for 
American. 

[58] TWA capacity, traffic, and destinations served before its 
acquisition and American destinations served after it acquired TWA, 
includes service by TWA's and, later, American's regional partner, 
Trans States Airlines." 

GAO's Mission: 

The Government Accountability Office, the investigative arm of 
Congress, exists to support Congress in meeting its constitutional 
responsibilities and to help improve the performance and accountability 
of the federal government for the American people. GAO examines the use 
of public funds; evaluates federal programs and policies; and provides 
analyses, recommendations, and other assistance to help Congress make 
informed oversight, policy, and funding decisions. GAO's commitment to 
good government is reflected in its core values of accountability, 
integrity, and reliability. 

Obtaining Copies of GAO Reports and Testimony: 

The fastest and easiest way to obtain copies of GAO documents at no 
cost is through the Internet. GAO's Web site ( www.gao.gov ) contains 
abstracts and full-text files of current reports and testimony and an 
expanding archive of older products. The Web site features a search 
engine to help you locate documents using key words and phrases. You 
can print these documents in their entirety, including charts and other 
graphics. 

Each day, GAO issues a list of newly released reports, testimony, and 
correspondence. GAO posts this list, known as "Today's Reports," on its 
Web site daily. The list contains links to the full-text document 
files. To have GAO e-mail this list to you every afternoon, go to 
www.gao.gov and select "Subscribe to e-mail alerts" under the "Order 
GAO Products" heading. 

Order by Mail or Phone: 

The first copy of each printed report is free. Additional copies are $2 
each. A check or money order should be made out to the Superintendent 
of Documents. GAO also accepts VISA and Mastercard. Orders for 100 or 
more copies mailed to a single address are discounted 25 percent. 
Orders should be sent to: 

U.S. Government Accountability Office 

441 G Street NW, Room LM 

Washington, D.C. 20548: 

To order by Phone: 

Voice: (202) 512-6000: 

TDD: (202) 512-2537: 

Fax: (202) 512-6061: 

To Report Fraud, Waste, and Abuse in Federal Programs: 

Contact: 

Web site: www.gao.gov/fraudnet/fraudnet.htm 

E-mail: fraudnet@gao.gov 

Automated answering system: (800) 424-5454 or (202) 512-7470: 

Public Affairs: 

Jeff Nelligan, managing director, 

NelliganJ@gao.gov 

(202) 512-4800 

U.S. Government Accountability Office, 

441 G Street NW, Room 7149 

Washington, D.C. 20548: