4'6 Pension Benefit Guaranty Corporation p-wuc 1200 K Street, N.W., Washington, D.C. 20005-4026 

NOV 2 0 2002 

Re: Appeal 

Republic Retirement 

No. Estate 

p'lan (the 

of - 

"Plan") 

Dear 71 

The Appeals Board has reviewed your appeal, prepared for you 

by your son-in-law, 7 of PBGC's February 6, 1998 

determination concerning benefit under the Plan. 

For the reasons stated below, the Board found that you presented no 

basis for changing PBGCSs determination that -1 

benefit was paid and payable as a Straight Life Annuity ("SLAV') 

with no survivor benefits. 

Please note, however, that PBGC1s determination does not 

affect the Surviving Spouse's Benefit ("SSB") that you are 

currently receiving under an insurance contract between LTV and the 

Metropolitan Life Insurance Company ( "MetLif en . You should 

continue receiving that benefit for the rest of your life. 

Determination and A~~eal 

PBGC's determination letter said that was 

entitled to a monthly benefit of $490.11, payabldich 

provided 1 a benefit for his lifetime and no survivor 

benefit. The letter noted that the final amount of $490.11 was the 

same amount he received on an estimated basis until he died on 

July 15, 1989. In that regard, the Board would like to express our 

condolences. 

signed 

In 

the 

your 

Plan's form 

March 12, 1998 

for 

appeal, 

acceptance 

you said that 

or revocation 

when 71

of the 

Automatic 50% Spouse Option ("ASO") on October 29, 1976, he was 

under psychiatric care. You also noted that considering the 

statement in the revocation that other benefits would be available 

to you, it is understandable that he thought other benefits would 

be available to you after his death. You enclosed several 

documents with your appeal, including a document dated June 10, 
-J 1976 and signed by I, stating that after being -J 

I admitted to the hospital on May 24, 1976, had remained C 

I- hospitalized in the Psychiatric Unit of Deaconess Hospital. 

S 

I 

14 Discussion 

The record shows that retired in 1976 under a 

Permanent Incapacity Retirement, as defined in Section 2.5 of the 

Plan document in effect when he retired. Plan 5 3.14(g) provided 

that a participant's "regular pension" was payable as an SLA. 

However, under S 3. l a 1, a married participant's regular 

pension was reduced and paid under the ASO, unless he revoked the 

ASO. Section 3.17(a) (4) of the Plan permitted participants to 

revoke the ASO, without the concurrence of their spouses, within 90 

days before retirement or within 90 days after being given written 

notice regarding the ASO. 

Under Section 3.17 (a) (4) of the Plan, a married participant 

who revoked his AS0 was eligible to elect a Co-Pensioner Option, 

described in Plan § 3.18. Section 3.18 (a) (1) of the Plan permitted 

an eligible participant upon retirement, to elect to convert his 

regular pension to a "net reduced pension," which would provide a 

survivor's benefit payable to a "co-pensioner" designated by the 

participant. BEST COW AV~~~ 

PBGC files show that in accordance with the Plan's provisions, 

revoked the AS0 on October 29, 1976. Although the law 

at the time did not require your concurrence in the revocation, the 

revocation form that signed carries your signature as 

"Witness. " See Enclosure. Furthermore, the Appeals Board found no 

evidence that dected a Co-Pensioner Option. 

Although a benefit similar to the SSB you are now receiving 

was formerly provided under the Plan itself, LTV removed postretirement SSB's from the Plan effective for retirement~ on or 

after April 1, 1976. LTV elected to remove the SSB from the Plan, 

and provide it under an annuity contract with MetLife. Thus, you 

should continue to receive the monthly you are receiving from 

MetLife under that annuity contract for the rest of your life. 

Decision 

Having applied the provisions of the Plan to the facts in your 

case, the Appeals Board found that you presented no reason to 

change PBGC's determination that Plan benefit was paid 

and payable as an SLA with no survivor benefits. 

This is the agency's final decision regarding the issues you 
r6 

9 raised in your appeal. You have exhausted your administrative 

4 

I remedies, and may, if you wish, seek court review of this decision. ,- 

C 

2 We appreciate your patience while we completed our review. If 

ID you have any additional questions regarding your late husband's 

benefit, please call PBGC's Customer Service Center at 1-800-400- 

7242. 

Sincerely, 

Michel Louis 

Appeals Board Member 

Enclosure 

BSl COW AVAILABLE