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REV B- 1-31-98
REQUEST FOR PLAN DATA
The following is a suggested format. You may want to write or modify it. Please include the references, and some sort of definition as to the type of information you are looking for: ie; sick leave, overtime, vacation hours, effect of hours paid but not worked in the year of retirement. Some sort of index as to identification of documents and how they relate. Consider requesting some sort of certification that all documents required by ERISA have been supplied.
The documents you are requesting are supposed to be available at the company offices. But you can also make a request for those same plan documents to be delivered at a convienent Union Hall. There does not appear to be any requirement that you be a member of the union, just that it is a Union Hall ( that has a contract with the company ).
The Boeing Company Date ________________________ Retirement Plan Administrator P.O. Box 3707 Certified Mail # _________________________ Seattle Wa 98124-2207 From: ____________________________________________ SS# ____________________ Birthdate _______________
SUBJECT: Request for Examination of Retirement Plan Documents.
Ref:: a)Summary Plan Description- Examination of Plan Documents.
b)ERISA - Section 2520.104(b)(1),(2),(3),(4)
c) Boeing Letter of 10 Dec from Counsel.
I am requesting ALL 1993 thru 1998 plan documents under which the Plan is established or operated be made available at my local Union Hall . Please provide ALL actuarial information. Persuasive legal decisions [see, for example, Bartling v Fruehauf Corp, 29 F. 3d 1062 6th Cir, 1994 ] support this request for actuarial data.
I expect to examine the documents on ___________________
The address of the Union Hall I prefer to use is:
______________________________ ______________________________ ______________________________
I wish to review plan documentation for decisions and procedures
relating to Service Credits in the year of retirement for:
Unused, accrued, reserved, and unreserved sick leave hours.
Unused and accrued vacation hours
Paid and unpaid overtime hours.
Please include documents including:
Appeal procedure, requirements, and necessary forms for benefit requests.
Controlling and/or defining administrative procedures.
A definitive worksheet explaining calculations for hours of service and
F.A.E.
Please explain the reason for the difference in hour of service definitions between 1995 and 1996 Retirement Plan legal documents. Does this change affect or limit credited service for those retiring after Jan 1, 1996.?
Please send me an index of those documents you may have already made available at the Union Hall, and a listing of where the above information and supporting documentation may be found.
Please confirm the availability of ALL documents listed above, or specify the date such documents will be available at the union hall for my use and examination.
Thank you for your attention
________________________________
_________________________________
_________________________________
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Send Certified Mail - Return receipt requested. Cost $ 2.80
Write Certified mail number on your letter - forms are free at post office - make a copy of letter with number
on it. Pension request
Re: I expect to examine them on ___________________. ***
*** Timing: allow about 15 /20 calendar days from the day you mail for your " inspection " date.
What to look for in documents delivered to Union Hall.
1) Look for a document that starts as follows :
The Boeing Company Employee Retirement Plan
CLAIMS PROCEDURE ( extract below )
Application for Benefits. All applications for benefits shall be submitted in writing to the appropriate Retirement Plan Office which may be the Corporate Retirement Plan Office or a Divisional Retirement Plan Office. All applications shall be on forms prescribed by the Committee as appropriate, . . . etc.
. . . The Corporate Retirement Plan Office shall give the applicant or his duly authorized representative an opportunity to review pertinent documents relating to the denial in preparing his request for review. The request must set forth all the grounds upon which it is based, supporting facts and any other matters which the applicant deems pertinent, and the relief sought. . . .etc..
( End Extract )
2) Look for a 1980 memo 1-9503-4-5670 Jan 8, 1980 and Management Bulletin of Dec 18, 1979.
3) Look for Procedures and definitions for unused, unreserved, and reserved sick leave, and how they are included in credited service.
4) Procedures defining credited service for overtime hours paid.
5) Look for some administrative procedures, or any other documents that fit the definitions shown in DOL-ALL.
Until these and other similar documents are delivered to the appropriate Union Hall(s), Boeing IS in violation of ERISA, and liable for court imposed fines of up to 110 dollars/day, payable to *each* person who has requested such data. The timing for failure to deliver can start as early as 10 calendar days or possibly 30 days after receipt of your request.
NOTE: In July of 1997, the maximum penalty was increased to $110 per
day from $100 per day.
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I suggest you also send a copy of your request to appropriate Union Hall. (certified mail not needed).
Ask your union to notify you of any Boeing contacts, but the company should notify you when All documents are available.
I would appreciate a copy of your request with personal data deleted, the date mailed, and a copy of any Boeing response
Please keep me informed as to progress -
Donald W Shuper 425-885-9528 Fax Number is the same. e-mail dshuper@halcyon.com
13715 NE 70th Place Redmond, Wa 9805
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