Homepage EmpForm PlanForm Dept of Labor 0pinion Hour of Service minimums
Revised 2-20-98 still more to come
The following are my requests to Boeing - Certain names and personal information has been removed.Some internal references have been removed, and Certified Mail numbers removed. Primarily to shorten this mess.
The Boeing answer to my personal benefit request is noted- but not included . It will be made available seperately. I prefer that you first figure out for yourself what the answer for credited service should be.
Included in this series of letters are links to the related Boeing descriptions in the SPD, and copies of appropriate Federal Law.
THE FIRST REQUEST FOR DATA
The Boeing Company Wed, Jul 9, 1997 Retirement Plan Administrator Attn: Bev Jones P.O. Box 3707 MS 11-59 Seattle Wa 98124-2207
I am a Boeing Retiree. I am requesting some additional information about the retirement plan. I do have the 1994 edition of the Employee Retirement Plan. ( Orange Booklet ), and the 1993 edition of the Personal Benefits for Salaried Employees booklet.
I am requesting a simple tabulation table of the following information as it applies to all Boeing retirees covered by this plan:
Number of retirees, Annual pay bracket, average credited service, and median age tabulated similar to that shown the following table. (Example data)
Number Annual Avg Credit Median Retirees Pay Service Age (Mid 97 ) 1230 3K-5K 30 77 2340 5K-7K 29 68 3450 7K-9K 31 74 2570 25K-27K 32 70
These data should be easy to extract from your actuarial database, and I will pay the necessary reproduction costs. If there are any questions, please call me at 425-885-9528.
Acknowledgement of receipt would be appreciated.
Thank you. Donald W Shuper
*Rev 2-20** BOEING ANSWER --- NO -- and eventually Dec10 Letter
July 18, 1997 I-1851-7
Dear Mr. Shuper:
This is in response to your letter dated July 9, 1997 requesting data in regards to the Boeing Employee Retirement Plan. As I indicated in our conversation, I discussed your request with my manager.
A plan Participant is entitled to request any information concerning his own benefits and/or status at any time. This includes requesting Summary Plan Description and legal text booklets concerning the plan. However, data such as you have requested is not furnished to individuals or companies; therefore, we are not able to honor your request.
If you have any questions concerning your personal benefits you can contact this office at any time.
Very truly yours, COMPANY OFFICES Manager - Retirement Records and Counseling
The Boeing Company Tue Aug 19, 1997 Retirement Plan Administrator Certified Mail # P-435-491-490 P.O. Box 3707 Seattle Wa 98124-2207 Subject : Second Request for Retirement Plan Information Ref: a) My letter of July 9, 1997 --- b) Boeing letter of July 18,1997, # 1-1851-7, Refusing my request.
I do not understand your answer " data not furnished to individuals or companies." (Ref b.). The data I requested appears to be part of the plan documents on file with the Department of Labor and the IRS (see other side ). Perhaps I should have been more specific in my letter and phone calls.
I am now requesting the following plan documents for the calendar years 1995 and 1996. (Participant data as of Jan 1,1996 and Jan 1, 1997.)
EmpForm 5500 Series, Schedule B, and all relevant attachments and related documents containing actuarial information relating to: number of active, retired, and inactive participants, average pension benefits and assumptions by age, and other identified groups such as hourly, salaried, and management.
This includes but is not limited to executive summaries, plan provisions, actuarial assumptions, all supporting tables, summary of participant data, forecast of disbursements, plan financial statements of disclosure, and weighted average retirement age for all defined groups.
I estimate total pages to be less than 1000. ( 500/year)
I am willing to pay reasonable reproduction costs.
Please call if there are any further questions. My phone number is 425-885-9528
Thank you Donald W Shuper cc/w/encl :PWBA Seattle District Office Room 860, 1111 Third Ave Seattle Wa, 98101
The Boeing Company SEPT 5, 1997 Retirement Plan Administrator Certified Mail# P-435-491-492 P.O. Box 3707 Seattle Wa. 98124-2207 Subject : Third Request for Retirement Plan Information. Ref: (a) My (first) letter of July 9, 1997 (b) Boeing letter of July 18,1997, # 1-1851-7, (c) My (second )letter of August 19, 1997, (d) My receipt of form 5500 data only, (e) Several Phone calls to/from various company managers. . (f) U.S.C. TITLE 29 - LABOR - CHAPTER 18 - ERISA Sections. 1023, 1024, 1132.
This letter:
Confirms my receipt of a portion of the information I have requested (Ref (d) ).
Summarizes the company position to date, which is to not provide me anything that is not filed with the IRS or Department of Labor ( Ref (b), (e) ).
Documents your verbal agreement to respond in writing, within a week, to my second request.
Documents your verbal agreement to include appropriate citations of federal regulations and court decisions supporting your refusal to supply actuarial information used for planning or operation of the Plan.
Documents your verbal claim that certain information provided by the company and used by the Actuary is not available to plan participants (Ref(f)1024 b -(4).
Documents your verbal claim that the actuary does not represent the plan participants (Ref( f) 1023 a-3A,4A ).
Requests you to provide an affidavit that you have also forwarded a copy of your reply to the PWBA Seattle District Office.
Thank you
Donald W Shuper - Retired 1995 - cc/:PWBA Seattle District Office Room 860, 1111 Third Ave Seattle Wa, 98101
The Boeing Company Thu, Sep 11, 1997 Retirement Plan Administrator Certified Mail# P-435-491-494 P.O. Box 3707 Seattle Wa. 98124-2207 Subject : Fourth Request for Retirement Plan Information. Ref: (a) My (first) letter of July 9, 1997 (b) Boeing letter of July 18,1997, # 1-1851-7, (c) My (second )letter of August 19, 1997 (e) Several Phone calls to/from various company managers. July-Aug -Sept 1997 . (f) U.S.C. TITLE 29 - LABOR - CHAPTER 18 - ERISA Sections. 1023, 1024, 1132, 2520 (g) My Third letter of Sept 5, 1997.-
The SPEEA Offices at 15205 52nd Ave South will be a convenient place for me to examine ALL Plan documents, including those documents requested in my Ref (c) letter of August 19. and again listed here. I plan to examine them on Tuesday, Sept 23, 1997 at the SPEEA offices.
I am again requesting the following plan documents for the calendar years 1995 and 1996. (Participant data as of Jan 1,1996 and Jan 1, 1997.) be made available at the time and place requested.
EmpForm 5500 Series, Schedule B, and all relevant attachments and related documents containing actuarial information relating to: number of active, retired, and inactive participants, average pension benefits and assumptions by age, and other identified groups such as hourly, salaried, and management. This includes but is not limited to executive summaries, plan provisions, actuarial assumptions, all supporting tables, summary of participant data, forecast of disbursements, plan financial statements of disclosure, and weighted average retirement age for all defined groups.
In accordance with ERISA -2520.104b-1 (3) " the documents must be made available at any such location (union) within ten calendar days following the day on which a request for disclosure at that location is made. " Effective July 29, 1997, the civil penalties for failure to provide in a timely manner are now a maximum of $110 per day. ( USDL 97-265 ).
Please provide the requested documents at the place indicated or the legal precedent allowing you to continue ignoring my requests.
This letter (WAS) also transmitted by Fax to 206-544-1190 on Friday 12 Sept.
Thank you
Donald W Shuper cc/:PWBA Seattle District Office Room 860, 1111 Third Ave Seattle Wa, 98101
Homepage EmpForm PlanForm Dept of Labor 0pinion Hour of Service minimums
NOTE: ON NOV 24, 1997 I RECEIVED A LETTER THAT DENIED MY PERSONAL BENEFIT REQUEST - THIS WILL BE SHOWN SEPERATELY.
VIA FAX 206-544-1190 Thu, Dec 4, 1997
Ms.Nancy Cannon
The Boeing Company Director of Benefits
From:Donald W Shuper
Subject : Request for a meeting - Week of Dec 8 -12, 1997
Re: 1) Boeing Memo 1-1851-6-0347 Nov 21 1997
2) My Request for Additional Benefits Aug 24, 1997
3) My Fourth Request for Plan Data Sept 11, 1997
This is a request for a meeting with you or your authorized representative
and a person knowledgeable on ERISA regulations during the week of Dec 15
thru Dec 19, 1997.
This meeting is requested as an attempt to rapidly clarify several issues
detailed in the above references prior to my formal appeal of your Ref 1)
memo, and further action on my Ref 3) request.
Specifically, I am requesting the company to explain why it is not in violation
of ERISA Federal Regulations, including.
§2520.102-2 (a) 2(i) Hour of service.
§ 2530.200b-2( a) and (f) Hour of service.
§ 2530.200b-3 Determination of service
§ 2560.503-1(f)-4 §1021. Duty of disclosure and reporting
§ 1023. 3 A and 4 A Appeal Notification
Provision of a copy of these regulations along with the effectivity dates
of the above sections would be appreciated.
The following pages provide a summary of my concerns. NOT INCLUDED HERE
I can be reached at 425-885-9528, same number for FAX, or email at dshuper@halcyon.com.
Thank you Donald W Shuper.
Homepage Dept of Labor 0pinion Hour of Service minimums
NOTE: BOEING FINALLY RESPONDED TO THIS LETTER ON DEC 23- ANSWER WAS NO
The Boeing Company on Wed, Dec 10, 1997 Ms. Nancy Cannon Retirement Plan Administrator Certified Mail# P-435-491-551 P.O. Box 3707 Faxed to 206-544-1190 10 Dec 97 Seattle Wa. 98124-2207 Subject :FIFTH Request for Retirement Plan Information. Ref: (a) My (first) letter of July 9, 1997 (b) Boeing letter of July 18,1997, # 1-1851-7, Refusing my request. (c) My (second )letter of August 19, 1997, (d) My Third letter of Sept 5, 1997.- (e) Several Phone calls to/from various company managers. July-Nov 1997 (g) My Fourth letter of Sept 5, 1997.- (h) My letter of Dec 4, 1997 Requesting a meeting -
I am again requesting ALL plan documents to be delivered to SPEEA by Dec 22, 1997 including those previously requested , and those additional documents listed at the end of this letter. I direct your close attention to the following :
" It is the view of the Department of Labor (the Department) that the Employee Retirement Income Security Act of 1974 (ERISA) currently requires disclosure to participants and beneficiaries of any procedure, formula, or methodology applicable to the determination of a participant's or beneficiary's benefit entitlement under an employee benefit plan. Participants and beneficiaries have, under sections 104(b)(2) and 1 04(b)(4), a statutory right to examine and obtain copies of among other things, "instruments under which the plan is established or operated."
" For purposes of the disclosures required under sections 104(b)(2) and 104(b(4), any document or instrument that specifies the procedures, formulas or methodologies to be applied in determining or calculating benefit entitlements under an employee benefit plan, including documents describing formulas to be applied in the calculation of deferred compensation under a plan, would, in the view of the Department, constitute "instruments under which an employee benefit plan is established or operated," even if such information is not specifically referenced in a document designated as the "plan document." For example, if the formulas to be applied in determining distributions under a pension plan are set forth only in the minutes of a meeting of the plan's fiduciaries (e.g., board of trustees), such minutes, in relevant part, would constitute an "instrument" under which the plan is operated and would have to be disclosed to participants and beneficiaries in accordance with sections 104(b)(2) and 104(b)(4). "
" Participants and beneficiaries have the right to bring a civil action to enforce their disclosure rights. Thus, an administrator who fails or refuses to disclose the formula(s) pursuant to which lump sum distributions are calculated under the plan may, in the discretion of the court, be personally liable to the participant or beneficiary in the amount of up to $110 per day from the date of the failure or refusal. "
Additional Documents requested under ERISA :
Memo 1-9503-4-5670 Jan 8, 1980 Re: Unreserved sick leave credits.
Any other memos, minutes, documents relating to establishment or operation of the Plan.
Any memo, meeting minutes, files, documents in any media form that were the basis for or relate to benefits, restrictions, agreements, terms, conditions or special exclusions from the 1995 Special Retirement Program . This includes, but is not limited to appropriate extracts of minutes of the annual Shareholder Meeting ,any meetings of the Board of Directors or Board appointed subcommittee discussing, setting, or otherwise determining the benefits or terms of the Special Retirement Program. Comments by any company officer or manager to the news media relative to the Special Retirement Program as they relate to terms and conditions of the Program are also requested.
These documents are needed by the time indicated so that I will have time over the coming holidays to properly form my appeal to your denial of my personal benefits within the time limits set forth in your SPD page 4-20. I would also call your attention to S1185 by Senator Grassley. Although not yet law, it addresses the specific type of information I have requested from the beginning. I am forwarding a copy of this memo to the Senator and the Senate Labor and Human Resources committee as an example of the difficulty retirees face when dealing with a large company.
Again, your cooperation is requested. Donald W Shuper Phone 425-885-9528 email dshuper@halcyon.com
---- ---- ----- ----
NOTE ; ON 15 DEC I RECEIVED THE BOEING ANSWER TO MY DATA REQUESTS. -- PLEASE READ IT CAREFULLY- I WOULD LIKE YOUR OPINION AS TO WHAT YOU THINK THE MR KIGHT REALLY MEANS.
Dated 10 Dec 97 - Mailed 12 Dec 97 - Rcvd 15 Dec 97- From Boeing- Office of General Counsel - Dear Mr. Shuper:
I am writing to summarize the status of your requests for information about the Boeing Employees Retirement Plan (the Plan).
In accordance with governing federal regulations, the Plan Administrator is required upon request to provide participants with the following material relating to the Plan:
· a statement of the participant's total accrued benefits,
· the latest annual report (EmpForm 5500),
· plan document,
· plan trust agreement,
· collective bargaining agreements, and other instruments under which the plan is established or operated.
All of those materials have previously been provided to you. [ NOPE- NO WAY ]
Additionally, you requested documents containing actuarial information relating to the number of active, retired, and inactive participants, average pension benefits, assumptions by age, and supporting tables. It is our view that the Plan Administrator is not required to provide participants with actuarial valuation reports or supporting documentation because those materials do not set forth rules or procedures used in the operation or maintenance of the Plan and do not contain any information used in calculating a participant's benefit. Controlling legal decisions (see, for example, Board of Trustees v. Weinstein 107 F.3d 139 (2d Cir. 1997)) support our position.Case
Accordingly, we will not provide that information. QUES
Very truly yours, Douglas P Kight Counsel
The Boeing Company DEC 23, 1997
Ms. Nancy Cannon FAXED to 206-544-1190 10:15AM Retirement Plan Administrator HAND DELIVERED P.O. Box 3707 RECPT BY(XX- 1:30 Wed )
Subject : SIXTH Request for Retirement Plan Information. Ref: (a) Personal Benefit Request of 24 Aug 97 (b) My letter of Sept 5, 97 - (c) Boeing denial of benefits - Nov 24, 97 # 1-1851-6-0347 (d) My request for meeting -letter of Dec 4, 97 (e) Fifth Request for Plan Information - Dec 10 97 (f) Boeing denial of data dated 10 Dec 97 from Doug Kight No number (h) ERISA 29 CFR 2560.503 -1(g)(ii) (j) US vs Evans 796 F2d 264 -9th Circuit 1984 pages 265-266
Because of your continued refusal to acknowledge my communications in a timely fashion, or comply with my requests, I am now requesting notification by phone and certified mail of your intentions re this request.
In accordance with ref (h) I am again requesting ALL information listed in ref (b),(e) and to include the following pertinent information be delivered to the previously designated SPEEA Office no later than Wed Jan 7, 1997. If you cannot accommodate this date, please waive my appeal limit date ( 24 Jan 98 ) in writing accordingly. I require at least two weeks to prepare and deliver my appeal after your delivery of ALL of the information and data requested. [ Feb 20 still nothing ]
These data and information are believed pertinent to my claim denial and are to be reasonably indexed and identified. For those data and information you refuse to provide, cite the correct controlling authority for such refusal, ie U.S. Supreme Court , 9th Circuit, or Washington State or provide certification as to their unavailability.
The term information or data is intended to include but not limited to the following :
Oral includes audio, visual, hand notes, affidavits of recalled conversations, comments, remarks, conversations whether or not recorded and in any media, or written evidence of oral communications ie; voice votes.
Written includes any company memo, notes, logs, minutes, administrative procedures, management publications, personal notes, personal logs, computer records (printed out in readable text form), remarks, comments on any media. Written also includes, scratch notes, pads, drafts.
Documents includes any form of media normally used, paper, film, computer records, video, audio.
Fiduciary includes anyone designated as such and acting in their fiduciary capacity or situation responsible position of authority by direct or indirect appointment or authorization or delegation. This specifically includes staff and staff assistants, management, supervisor, group or committee acting in fiduciary capacity.
Chain of Authority is to include ALL communications, votes, authorization, comments, legal opinions of counsel, including conversations with or including any and all personnel, groups, committees, up thru and including authorizing resolutions by the Board of directors and/or any fiduciary member. Identification of authorized/involved personnel involved is required, including consultants or related firms. In simple terms, who made the decisions, on what basis, and who indivudually or collectively is responsible, and when did they decide.
A. Management Information Bulletin of Dec 19, 1979, and the Chain of Authority.
B Memo 1-9503-4-5670 , Jan 1980 Chain of Authority , identification of S.A. Smith, his/her authorization, committee or board resolution(s), discussions, opinions of counsel or consultants.
C Identification of staff, committee, group, or board involved in denial of my claim, and Chain of Authority involved or assigned to interpreting or defining rules used in that decision.
D. Clear definitions of Sick Leave, Reserved, Unreserved, FSP, where they are found, where and when they were derived, and the Chain of Authority involved in those definitions and decisions. Include all communications, oral and written.
E Clear definitions of F.A.E , Service, Credited Service, Compensation, Lump Sum, Productivity Pay, including where they are found, which definitions are controlling, where, when, and how they were derived, and the Chain of Authority involved. Include all communications, oral and written.
F. Hour of service definitions in the Employee Retirement Plan document are different in the 1995 and 1996 (Working copy ) documents supplied to SPEEA (1995 version) and the IAM (1996 version ).
Provide all documentation, explanation and reasons for this difference, including any communications oral, written, comments and decisions by fiduciaries, Chain of Authority, dates of implementation for the Hour of service definitions and limitations.
G. ALL complaints and queries , and resolutions related to Vacation, Sick leave, F.A.E, Lump Sum, Productivity Pay, and supporting calculations for the Plan since 1974. Include any documents, logs, oral communications. Privacy concerns can be accommodated by redaction of personal identifying information.
H. All decisions, comments, oral,written, involved in the Plan related Special Retirement Program. Include Chain of Authority decisons, dates, opinions of counsel, actions by fiduciaries.
J. ALL pertinent administrative procedures and policies relating to the Plan, ie; GG-ACC-709 and equivalents.
Your cooperation is requested Donald W Shuper
NOW COMES A BOEING ANSWER TO MY LETTER OF DEC 4TH
NOTE BY THIS DATE - I ONLY HAVE 30 DAYS LEFT TO APPEAL MY PENSION DENIAL - AND NOW THEY SEND ME THEIR REQUIRED PROCEDURE FOR APPEAL..
THIS LETTER JUST HAPPENED TO BE FAXED 4 HOURS
AFTER MY 6TH REQUEST ABOVE- AND IT READS AS IF THAT LETTER WAS UNKNOWN.
December 23, 1997 1-1851-4-1581 Donald W. Shuper Re: The Boeing Company Employee Retirement Plan
Dear: Mr. Shuper:
This is in response to your letter of December 4, 1997, requesting a meeting to clarify issues relative to your request for additional benefits under the Boeing Retirement Plan.
Generally, plan representatives do not meet with plan participants or beneficiaries to discuss claims issues. These matters are handled through written correspondence in accordance with the claims procedure as described on page 4-20 of the Retirement Plan SPD (and attached hereto).
Your December 4 letter also restates a number of points/issues which were addressed by XXXX in her November 21 St response to your initial request for additional benefits under the plan. I will attempt to provide additional written clarification of our position on these issues as soon as possible after the holiday break.
We are now also in receipt of your December 10 request for additional information. I believe that Doug Kight's letter of that date responds to your previous requests for plan documents and actuarial information. You have now requested additional documents, most particularly in connection with the 1995 Special Retirement Program. I will respond as appropriate to this latest request as soon as practicable.
Sincerely,
COMPANY OFFICES Manager, Retirement Plans (206)544-1132 cc: Nancy B Cannon Douglas P. Kight Attachment *CLAIM PROCEDURE*
BOEING OFFICIAL CLAIM/ APPEAL PROCEDURE
Extract
If the Corporate Retirement Plan Office denies
any application for benefits in whole or in part, it shall notify the
applicant in writing of such denial and of his right to a review by the
Retirement Plan Committee and shall set forth in a manner calculated
to be understood by the applicant, specific reasons for such denial, specific
references to the plan provisions on which the denial is based, a description
of any additional material necessary for him to perfect his application
an explanation of why such material is necessary, and an explanation
of the plan's review procedure.
[ Boeing didn't do this on the 24th of Nov , nor for anyone else ]
*Rev 2-20**
*Rev 2-20 NOTE: IN THEIR DENIAL OF MY CLAIM IN NOVEMBER, THEY DID NOT MENTION MY RIGHT TO APPEAL, THEY DID NOT MENTION THE 60 DAY LIMIT, AND THEY DID NOT MENTION ANY PROCEDURE -- SEVERAL OTHERS HAVE HAD THE SAME EMPForm LETTER RESPONSE AS I RECEIVED ON NOV 24 ( 58-59 DAYS AFTER MY AUGUST REQUEST - IT HAD BEEN SITTING ON THE " MANAGERS':" DESK SINCE AT LEAST NOV 5TH..
ALSO NOTE THAT AS OF Feb 20th THEY HAVE NOT YET PROVIDED ME ACCESS TO DATA PER THEIR OWN PROCEDURE. MY APPEAL WAS SENT IN ON THE 13TH OF JAN- TO BEAT THE JAN 24TH DEADLINE.
Homepage EmpForm PlanForm Dept of Labor 0pinion Hour of Service minimums
More to come later 2-20-98