Pension Benefit Guaranty Corporation 

1200 K Street, N.W., Washington, D.C. 20005-4026 

Re: I (Case No: 195672), Retirement Plan 

For Employees of Walter Pye's Stores (the "Plan") 

Dear '-----------' 

We are responding to your appeal of PBGC's December 23, 2004 

determination that you are not entitled to receive a PBGC benefit. 

For the reasons stated below, we are denying your appeal. 

PBGC's Benefit Determination and Your Appeal 

PBGC determined that based on Plan records, you were paid a 

lump sum by the prior Plan Administrator and, consequently, are not 

entitled to receive additional benefits from PBGC. PBGC's March 8, 

2005 letter to you explained that, after additional research, PBGC 

determined you were paid a lump sum of $2,398.00 by the prior plan 

Administrator on December 1, 199B. 

In your January 6, 2005 and March 22, 2005 appeal letters, you 

stated that "to the best of my knowledge, I never received any 

lump-sum payment from . [the Plan]", and asked the Appeals 

Board to review your case. Further, on September 29, 2005, in 

response to a PBGC request, you submitted copies of your 1998 and 

1999 Federal Income Tax Returns as well as a 1999 Internal Revenue 

Service W-2 form, as proof of non-payment. 

Discussion 

PBGC files show that the Plan terminated on May 5, 1997, and 

PBGe became trustee on August 15, 2002. As part of its process to 

determine PBGC-payable benefits, PBGC obtained Plan records, 

participant data and payment information from the prior Plan 

Administrators and other sources. The records for the Plan include 

an executed Participant Distribution Request form on which you 

elected a Lump Sum Distribution (Enclosure I), and a list prepared 

by the prior Plan actuary, MBM Advisors, Inc., which shows you as 

having been paid a lump sum of $2,398.00 on December 1, 1998 

(Enclosure 2). The records also include a copy of the Plan's check 

register for the period ending 12/21/1998, which shows a check in 

the amount of $2,398.00 was generated and sent to your current 

address in late December 1998{Enclosure 3). 
- 2 -

An individual who receives the value of his or her vested 

benefit in a lump sum ceases to be a Plan participant. We checked 

the 2000 and 2001 actuarial valuation reports prepared by MBM, and 

you were not included in those valuations. 

PBGC's technical procedures provide that when participant 

payment information provided by a former Administrator has been 

found reliable, but PBGC does not have copies of cancelled checks, 

a simple assertion of non-receipt does not constitute sufficient 

evidence that a lump-sum payment was not issued and received. In 

this case, PBGC does have proof that a check in the amount of 

$2,398.00 was issued and mailed to your current address in late 

December 1998. Thus, after reviewing the evidence described above, 

we cannot accept your claim that you did not receive a lump-sum 

distribution from the Plan. 

Decision 

Because you have not presented any grounds that could change 

PBGC's determination (See 29 Code of Federal Regulations § 4003.54) , 

we must deny your appeal. This is the agency's final decision on 

this matter and you may, if you wish, seek court review. If you 

need other information from PBGC, please telephone PBGC's Customer 

Contact Center at 1-800-400-7242, and ask to speak to the 

Authorized Representative for the Plan. 

Sincerely, 

Linda M. Mizzi 

Member, Appeals Board 

Enclosures (3)