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PAGES 4-22	 	  4-23 SPD BOEING RETIREMENT PLAN - 1993 EDITION - 1996 EDITION SIMILAR

Participant Protections Under ERISA The Employee Retirement Income Security Act of 1974 (ERISA) guarantees certain rights and protections to participants of pension plans such as the Plan described in this booklet. As in the past, the Company fully intends to support your rights. Nevertheless, federal law and regulations require that a statement of ERISA rights be included in this description of your Plan. You have the following rights as a participant in The Boeing Company Employee Retirement Plan:

1. You may examine, without ch1arge, ALL Plan documents including any insurance contracts, collective bargaining agreements, annual reports, summary plan descriptions, and other documents filed with the Department of Labor.

NOTE: An extract of DOL opinion -"Participants and beneficiaries have, under sections 104(b)(2) and 104(b)(4), a statutory right to examine and obtain copies of among other things, "instruments under which the plan is established or operated."

NOTE: Complete Text of Opinion at D0L0pinion

2. If you want a personal copy of Plan documents or related material, you should send a written request to the Plan Administrator. You will be charged only the actual cost of reproduction of these copies.

NOTE:ERISA - "However, all plan documents must be made availablefor your examination at (office address of plan administrator) and certain other locations, such as worksites and union halls, at no charge." Specifically in ERISA 2520.104b-1 we find

** "They are not required to maintain these plan documents at all times at each employer establishment or union hall or office as described in paragraphs (b)(3) (i), (ii), and (iii) of this section, but the documents must be made available at any such location within ten calendar days following the day on which a request for disclosure at that location is made."

3. Each year, the Company will provide Plan participants with a summary of the Plan's annual financial report. Copies of previous years' reports are available for viewing at the Retirement Office. In accordance with ERISA, these summary annual reports will be sent automatically to all Plan participants, shortly after midyear.

4. In addition, once each year you may request, in writing, a statement which describes in dollars-and-cents terms your rights to future benefit payments. Specifically, this statement explains whether or not you have earned a right to receive a pension at normal retirement age. If you have earned a right to future payments, the statement will describe when benefits will begin and how much they will amount to if you were to leave the Company immediately. If you have not earned a right to future benefits, the statement will describe how much longer you must work in order to become vested under the Plan.

Under ERISA, the people responsible for operating the Plan are called fiduciaries. These individuals have an obligation to administer the Plan prudently and to act in the interest of Plan participants and beneficiaries. No one may discriminate against you in any way to prevent you from receiving benefits or exercising your rights under ERISA

When you become eligible for payments from the Plan, you should follow the appropriate steps for filing a claim. In case of claim denial (in whole or in part), you will receive a written explanation of the reasons for the denial. See page 4-20 for a description of the claims review and appeal procedure.

If you feel that your ERISA rights have been violated, you may file suit. Among the violations for which you may file suit are the following:

1. Improper denial of benefits. (You may file suit in either a state or federal court.)

2. Misuse of Plan funds by a fiduciary or discrimination against you for asserting your rights. (In either case, you may seek assistance from the Labor Department or file suit in a federal court.)

3. Failure of the Plan Administrator to provide materials within 30 days ** after receiving your written request unless due to reasons beyond the Administrator's control. (You may file suit in a federal court. If a violation exists, the court may require the Plan Administrator to provide the materials and to pay up to $100 for each day's delay.) [ Note- Now $110/day ]

** "They are not required to maintain these plan documents at all times at each employer establishment or union hall or office as described in paragraphs (b)(3) (i), (ii), and (iii) of this section, but the documents must be made available at any such location within ten calendar days following the day on which a request for disclosure at that location is made. (ERISA 2520.104b-1 )

The court will decide who should pay court costs and legal fees. For example, if you are successful, the court may order the person you sued to pay these costs and fees. If you lose or if the court finds your suit to be frivolous, you may be ordered to pay these costs and fees.

If you have any questions about your Plan, you should contact the Plan Administrator at P.O. Box 3707, MS 11-59, Seattle, WA 98124-2207 (telephone 206-655-1700). For questions regarding the explanation of your rights under ERISA, contact the nearest area office of the U.S. Labor Management Services Administration, Department of Labor. E

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