AAP MBF Trustees sending Member toward Bankruptcy
* My name is Mark Whitaker and I live in Cairns. I have been in the aviation industry since 1980 and among other companies I have been Cheif Pilot with both Airnorth in Darwin and Regional Pacific Airlines in Cairns.
Since the 80’s I have been a member of the AAP MBF. 2 years ago I lost my Class 1 Medical. I sent the following letter to the Chairman yesterday morning.
Captain David Harget
Chairman AAPMBF
Austair Pilots Pty Ltd
132-136 Albert Road
South Melbourne 3205
Dear Sir,
The following are direct quotes from the rules of the AAP MBF:
INTRODUCTION FAILURE TO MEET CASA MEDICAL STANDARDS
Because of the suddenness with which a Pilot Class 1 Medical Certificate can be lost, with its serious consequences to family financial security, adequate protection against this eventuality has always been considered of the utmost importance. No less today than at any previous time.
Rule 7 (g)
Where in the opinion of the Trustee, circumstances exist that indicate that a Member or a Member’s dependants may be subject to hardship, the Trustee may in their absolute discretion commence payment disregarding the qualifying periods designated in Rule 7(f).
Rule 7 (j)
Any Member making application for benefits from the Fund shall, if required by the Trustee, submit to an independent medical examination at the expense of the Fund for the purpose of ascertaining the nature and extent of the notified disability.
And Rule 14 (b) (vii)
Do all such acts and things as may be necessary for the carrying out of the objects of the Fund.
To say I am disappointed with the performance of the Trustees would be an understatement.
Since I lost my Class 1 Medical, I have been keeping the Trustees informed of my medical condition and financial situation and completed another medical examination as per Rule 7 (j).
I have had one only formal correspondence from Trustees in the form of a letter from the old Chairman in November 2010; which included, “The Board has considered your claim and at this stage is unable to authorize the payment of a final capital benefit”. This letter was not compliant with Rule 14 (b) as it gave no reason for the decision and no advise as to what I was to do next.
I have formally offered on two occasions that I am willing to sign a DEED stating I would pay 100% of any Capital Claim if I ever regained my Class 1 Medical, I have had no formal response to this offer.
After the March Trustees meeting, I was advised by the office that the Trustees would exercise Rule 7 (j). I complied with this and the report from the Cardiologist agreed with my Cardiologists report.
At the meeting on 14-15 April you had three Cardiologists reports, all stating the same thing, I have a cardiac condition that does not meet CASA Class 1 Medical Standards and the treatment is medication only! Therefore I will never regain my Class 1 Medical.
Since that meeting I have heard nothing from the Trustees nor the office even though I called Yesterday at 12 midday and the manager was in a meeting as was to call me back. I have heard nothing!
I did notice that the monthly payment has arrived into my Bank account, but as I stated, no information as to my Capital Claim, not even an email or phone call saying a formal response from the Trustees would be forthcoming.
I advise you of my financial situation six weeks ago and due to your total lack of communication you have now backed me into a corner that I will find very hard to escape from.
I find the total lack of communication from the Trustees and you as Chairman as demeaning and insulting.
You have my email and phone numbers, please pay me the courtesy of communicating with me.
Yours Sincerely
Geoffrey Mark Whitaker
Today at 5:50 pm I received this email:
Dear Mark
Further to my telephone call to you yesterday I confirm the following:
Following your request for the payment of the balance of your capital benefit, the Board has reviewed at length the medical advice received and advise that they are unable to conclude that the suspension of your Class One is permanent. Therefore they cannot at this time authorise the payment of the balance of your capital benefit.
However in accordance with the Rules a further monthly benefit has been authorised for payment to you.
With respect to the correspondence forwarded by you by email and received yesterday this will be tabled for consideration at the next Board meeting in May.
Kind regards
Last week I had my Lawyer write to the Board of Trustees on my Behalf and the Trustees have not replied to them or me until the above email tonite. By not formally replying to me or my Lawyers this week shows that current crop of Trustees have no concept of “Corporate Governance” and no concept of there responsibilities and obligations of overseeing $100M+ organization.
6 weeks ago I informed the Trustees of my financial situation and the reasons why I find myself in this situation and of my time constraints. I also told them that if they need bank account details I would be happy to supply them. Again, I have heard nothing from them.
Next week I have booked in to see my accountant to start bankruptcy proceedings. Hopefully they can find another way around it but I will still end up with no money and no assets!
During the 21 months that I have not had a medical, the Trustees have never given any advise as how to move forward, Rule 14 (b) (vii). They have only asked for 1 thing which I complied with to see another Cardiologist for another opinion. I went to one they suggested and he agreed with the Cardiologist that performed my Angiogram 2 years ago and my own Cardiologist. I have a stuffed heart and the treatment is medication only. CASA has stated that I will never meet the standard for a Class 1 Medical with my current condition; they will only review my Class 1 Medical if I have surgery. As 3 Cardiologist have stated, I do not need surgery and 70% of people with my condition never need surgery. I will never regain my Class 1 Medical. I have even offered the Trustees that I will repay 100% of any Capital Benefit I receive if I ever get my Class 1 back. They have never responded.
I can get no answer from the Trustees as to why they are not paying out my Capital Benefit.
So why am I putting this on Pprune?
Easy, I want some answers, unfortunately for them its Membership renewal time when they ask members to hand over their hard earned $$$, and yes I make no apologies for using this to get some answers.
I believe the fund is very good and every eligible pilot should be a member, I also believe the rules are very good except for 2 changes, these are:
1. All Trustees must be current pilots and current members, not retired pilots and past members. 2 current Trustees fit this criteria.
2. If you develop a medical condition such as Type 2 Diabetes, CASA puts a condition on exercising a Class 1 Medical “As or With Co-Pilot”. Currently, this restriction is ignored by the rules. If you are an Ag pilot, Instructor or other single pilot you have lost your job with no coverage.
Now getting back to renewal time. Before handing over your money or if you are looking at joining the AAP MBF, ask a current Trustee if you know them or if you don’t, call the office and ask for a Trustee to call you back and ask this question:
“If I ever develop a medical condition that causes the loss my Class 1 Medical, will I be treated by you as you are currently treating Mark Whitaker?”
Currently the Trustees have no SOP’s, Procedures Manual or any other document that I know of that guides them in their decisions. Everything is AdHoc.
If you politely ask the Office for a Trustee to call you back and they come back to you with something like “That’s not the way we do it”; Politely inform them that there is nothing in the Rules from preventing a Trustee from calling a member and insist that one does so.
This is Pprune and posts have a habit of getting out of hand. Please don’t vilify anyone. I would like to hear what answer you get from a Trustee to the question
Mark Whitaker
Cairns
Ex Pilot currently unemployed. (I was selling boats up until 2 months ago, but lost that job due to no one buying boats!)