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13-Jan-1998
The Boeing Company CERT MAIL # Z-294-493-557
Ms. Nancy Cannon
Retirement Plan Administrator
P.O. Box 3707 Seattle Wa. 98124-2207

FROM : Donald W Shuper Clock XXXX 1995 Retiree

Subject : APPEAL OF BENEFIT DENIAL - Received 24 Nov 1997

Ref:
(a) Personal Benefit Request - 24 Aug 97 # P-435-491-491
(b) Boeing denial of benefits - Letter # 1-1851-6-0347
(c) Boeing SPD - 1993 Edition.

I am requesting a full and fair review of my claim for correction of pension benefits and your [ref (b)] denial in accordance with the Boeing SPD.

I believe there are major errors in your determination of credited service for unused sick leave hours, credited service applied to FAE calculations, credited service for overtime, and pay at termination for unused sick leave hours.

Your timely consideration would be appreciated.

Donald W Shuper
13715 NE 70th Place Redmond Wa 98053
Phone and Fax. 425-885-9528

The Boeing Company
Ms. Nancy Cannon
Retirement Plan Administrator
P.O. Box 3707 Seattle Wa. 98124-2207
FROM : Donald W Shuper
Subject : Reinstatement Under Protest -Jan 13 Appeal.
Ref:

(a) Personal benefit request - 24 Aug 97 # P-435-491-491
(b) Boeing denial of benefits - Letter # 1-1851-6-0347
(c) My Appeal of 13 Jan 98 - Cert # Z-294-493-557
(d) Boeing letter of Jan 14 - Extension of Appeal to 24 Feb # 1-1851-10-0001
(e) Boeing letter of Jan 21- Confirmation of Appeal #1-1851-10-0060
(f) My request(s) for Plan documents and pertinent information (Attached index)
(g) Boeing Claims Procedure - Attached to your memo # 1-1851-4-1581
(h) Boeing letter of Feb 24- Response to document requests # 1-1851-10-0228
(j) My Revised Appeal of Benefit Denial 05 Feb 98 # Z-294-491-912

Thank you for your letter dated 24 Jan 1998 offering me a chance to amend or revise my Jan 13 appeal. Your letter makes it clear that you have no intention of providing me documents pertinent to my appeal and to which I am entitled by law. You further claim " there are no other . . ." plan documents that apply to my claim and appeal related credited service or payment questions about sick leave, final average earnings, vacation, and lump sum calculations and credits. I can not agree with your definition or assumption of what is pertinent without access to documents I have repeatedly requested (f). I wish to record my protest of your unilateral arbitrary denial of documents and your continued refusal to follow your claims procedure (g), thus denying me the "supporting facts" required by your claim procedure.

ALL of my previous communications and document requests (f) are part of my claim and appeal. I note and agree to an exception only under protest of questions, statements or requests relating to actuarial data. This may help to reduce confusion and separate issues.

My appeal of 13 Jan 98 without amendments or revisions shall be considered reinstated under protest. I also note the following:

1) The only reason for my revised appeal (j) was to reiterate my document requests and allow Boeing sufficient time to re-evaluate your previous position. Since you refused to timely respond, there is no reason for further amendments on my part or delay on your part.

2) You have failed to identify, provide, or characterize documents to which I am entitled by law. I expect you to complete your "full and fair" review by March 16 (60 days after receipt of my Jan 13th appeal). I trust you will be mindful of your acknowledged fiduciary responsibilities, and use only the Plan documentation available both to SPEEA and myself.
3) My Dec 23 letter (f) specifically requested minutes of related meetings on benefits. You are reminded that this request includes all meeting(s) involved in my appeal. Please deliver suitable audio, video, or written transcript(s) within a few weeks of my receipt of your decision(s) on my appeal.
4) The Jan 1980 memo (# 1-9503-4-5670), and a supporting Management Bulletin was not provided to SPEEA or others. Please define if this memo is or is not a Plan Document. Are there are other similar ambiguously defined documents ?
5) You have not provided documentation to support "payroll practice" explanations about treatment of sick leave, overtime, and related credited service issues. Please do not use undocumented "payroll practice" explanations in your answers to my claim(s).
6) Your oversight and delay in mentioning or providing the claims procedure to me 30 days after my claim denial is noted, as is my personal observation of this same procedure not being supplied to SPEEA and others as part of Plan documentation requests
7) It is hard to believe a multibillion dollar pension plan is administered and controlled without any minutes of committee meetings, without documentation of decisions resulting in "payroll practices", and without administrative procedures. Such records are normal business practice and required by law. Your failure to provide or acknowledge such documents is noted.

8) The Boeing letter of February 24 describes documents"which should contain information" and then states " There are no other . . .documents. .". Do they or don't they contain my requested pertinent information? Please explain why your statements and actions are not arbitrary or ambiguous.

You have not claimed adverse circumstances. I expect your decision(s) to be available to me no later than Monday, March 16, 1998.

I received their final answer on April 10, 1998 See FINAL ANSWER

Thank you for your cooperation
Donald Shuper ---

Index of Requests and Questions considered part of my Appeal

(1) Personal Benefit Request Aug 24 -97
(2) Plan Information Request Sept 5 -97 -
(3) All Plan Data to SPEEA Sept 11 -97
(4) Meeting request/concerns Dec 4 -97
(5) All Plan Data to SPEEA Dec 10 -97
(Including request for # 1-9503-4-5670, Jan 1980 )
(6) All Plan Data to SPEEA Dec 23 -97
(Including request for Mgmt Bulletin, 1980? )
(7) My Appeal 13 Jan 98
(8 ) All Plan Data to SPEEA 21 Jan 98
(9) Appeal revision/ protest 05 Feb 98
(10) This letter 04 Mar 98

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