Originally Posted by
Tiredofbeingtired
So they should make an announcement to something to come that has not even happen yet?
I receive a letter this week from them. They talk about legal things. That not good enough for you I guess.
"There are several, ongoing legal disputes from claimants regarding their entitlements which also increases the legal costs of the Trust’s attorneys. This is an expected by-product of the impartiality of the Trust which bases its entitlement decisions solely on the recommendation of Harvey Watt & Co. which makes its recommendation based on the Rules of the Plan which are written by your fellow Emirates pilots.
For those of you unfamiliar with the API Trust; having placed the bank account where you make your contributions into the Trust, payments from the account can only be directed by the Trustee, not by the pilots who manage the Plan. The Trustee makes that decision based on the recommendation of Harvey Watt & Co.....the pilots who manage the Plan have no authority to direct the Trustee in that payment process. By placing the Rules into the Trust the pilots who manage the Plan wanted to ensure that the Trustee reviews any changes to the Rules and makes the decision to approve or reject based on the Trust’s legally-regulated duty to protect the members (you) as well as the fund (for everyone); again, the pilots who manage the plan have no authority to direct the Trustee as to whether their suggestions will be followed."
So forensically dealing with the above statement point by point:
Pilot loses medical
Harvey Watt & Co receive pilot medical file for review
Harvey Watt ‘recommend' claim is settled or denied
Trustee follows Harvey Watt & Co recommendation without question (solely)
The fund money (pilot contributed money) is being used to pay Trust hired Attorneys to fight legal action brought against the trustee Sovereign (Guernsey) LIMITED by several API claimant members who feel their claim has been wrongly denied as a result of recommendations made by Harvey Watt & Co.
Seems Harvey Watt & Co recommendations are being challenged and the pilot fund money is being used as a legal fund.
There appears to be no known aircrewprotection rule allowing the fund to be spent in this way.
Members of the aircrewprotection plan would be
strongly advised to dowload a copy of both LIPS and API rules for their personal records.This will allow members to note changes made unannounced by the pilot managers (aka consultants).
Copies of the rules are available for download in PDF format on aircrewptotection.org website.
Forensic analysis continued:
The pilots managers write the rules of the plan
Harvey Watt & Co makes its ‘recommendations’ based on the rules of the plan.
The Trustee Sovereign (Guernsey) Limited bases its entitlement decisions solely on the ‘recommendation' of Harvey Watt & Co
Seems pilot managers ( aka consultants ) directly control both Trustee Sovereign Trust (Guernsey) Limited and Harvey Watt & Co by changing the rules at source.
The pilot managers have absolute control of the rules, can change them at will,and they do so.
Why? Because they wrote the rule that says so:
11 VALIDITY AND CHANGES OF RULES
11.1 The Rules of the Plan are posted on the API official website at
Aircrew Protection International | Dashboard.
11.2 The current version of the Rules posted on the website is the valid, controlling version.
11.3 The current version of the Rules (Rule 11.2 above) on the date a benefits claim is filed shall be the controlling version for the claim. It is the responsibility of API to furnish the current, controlling version of the Rules to the Member when the benefit claim is filed.
11.4 Changes to the Rules will be posted under ‘NEWS’ on the official website at Aircrew Protection International | Dashboard. Alternatively, the trustee may elect to notify the Member via newsletter.
11.5 Previous versions of the Rules are obsolete when a newer version is posted on the official website. Terms and conditions of previous versions of the Rules are not controlling and have no validity except on the date that the Emirates Loss of Income Protection Scheme (LIPS) notifies the Members that it has changed its name to Aircrew Protection International:
source aircrew protection.org
RULES API RULES
API 4 december 2017
page 14 0f 27
RULE 11
FACT FYI
The
API COMMITTEE (the pilots who manage the plan)
have changed their title to
API CONSULTANTS
go to aircrewprotection.org HOW API WORKS and scroll to the end of the
page.
GD ACCOUNT SIGNATORY ONLY (signs the cheques :thought he had resigned from API)
PD TRUST CONSULTANT (aka Superman)
DT TRUST CONSULTANT
DM INVESTMENT COMMITTEE
JP MEDICAL RECORDS