Viewing page 80 of 102

This transcription has been completed. Contact us with corrections.

-59-

A. There is nothing in the proposed air line pilots' retirement act which would require an air line company to continue or discontinue or modify or refrain from modifying a retirement system; on the contrary, there is a specific provision that nothing in the act is to be construed as restricting payments of annuities, pensions or lump sums or as terminating any arrangement created for that purpose. The air line company will be quite as free to continue, modify, terminate or amend its plan as it would be without a pilots' system in operation.

87. Q. If the air line I work for discontinues the pension plan, do I lose all the credits I have earned under that plan?

A. That is nothing with which this bill can deal. The answer under existing law is that an employee cannot, without prohibitive loss, make a retroactive change in his plan to take away rights from his employees.

Service

88. Q. What is a pilot?

A. A pilot is an individual (1) who is in the service of an employer and subject to the continuing authority of the employer to supervise and direct the manner of rendition of his service; (2) who has duties which include either the command of aircraft while under way, or the responsibility for the manipulation of or the manipulation of flight controls of aircraft while under way, including take-off and landing of such aircraft, or assistance in or relief to the individual responsible for such manipulation of flight controls; and (3) who holds a certificate issued by the Administrator of Civil Aeronautics, pursuant to the Civil Air Regulations of the Civil Aeronautics Board, authorizing him to serve as a pilot in scheduled air transportation.

89. Q. What is an employer?

A. An employer is any common carrier engaged in interstate or foreign commerce and any carrier by air transporting mail for or under contract with the United States Government.

90. Q. When is a common carrier engaged in "interstate or foreign commerce"?

A. "Interstate or foreign commerce" has the same meaning as "interstate air transport" in section 1(21) of the Civil Aeronautics Act of 1938, as amended, with an additional clarification that craft engaged in transport entirely outside of the United States may be engaged in commerce subject to the Act if such craft is eligible for registration under Section 501 (b) of the Civil Aeronautics Act of 1948, as amended.

91. Q. Would a pilot flying a plane for Standard Oil Company be eligible to participate in the air line pilots' retirement system.

A. No. The Standard Oil Company is not a common carrier by air.

92. Q. Suppose I became physically unable to continue as a pilot; but my employer keeps me in service on a job which does not involve flying. Could I continue in the air line pilots' retirement system?