Pension Benefit Guaranty Corporation PrnE 1200 K Street. N.W.. Washington, D.C. 200054026 

Re: Appeal m; 

Trans World Airlines, Inc. ("TWA" Retirement Plan for 

Employees - Flight Attendants (the "IFFA Planu) 

The Appeals Board reviewed your appeal of PBGC1s 

September 25, ZOO1 determination that '1, for 

whom you were legal guardian, does not qualify for a disability 

benefit under the IFFA Plan. As explained below, although the 

Appeals Board disagreed with .PBGC1s reason, we found no reason 

to change their conclusion that is not entitled to a 

disability retirement benefit under the IFFA Plan. Therefore, 

the Appeals Board must deny your appeal. 

PBGC determined that 1 did not qualify for a 

disability retirement benefit from the IFFA Plan because she was 

deemed disabled after January 1, 2001, the IFFA Plan's 

termination date. 

Your October 11, 2001 appeal stated that was 

disabled on October 30, 1995, and enclosed supporting evidence. 

The Appeals Board agrees with you that was 

disabled before the IFFA Plan terminated. Unfortunately, the 

IFFA Plan imposes another requirement, which she did not meet. 

Article 8 of the IFFA Plan provides that a "Member who 

incurs a Total and Permanent Disability after completion of at 

least ten Years of Continuous Employment may retire1' shortly 

afterward, with a benefit that is not reduced because of early 

commencement. 

Section 3 .l (b) of the IFFA Plan provides that "Continuous 

Employment shall be each Year of Employment with the Company in 

which an Employee completes 2,340 Hours of Service with the 

Company. " 

Section 3.2 of the IFFA Plan provides that "Periods of 

. . . Medical Leave . . . during which an mloyee is off the 

Company payroll shall not be deemed to interrupt Continuous 
Employment but shall not be counted as Continuous Employment for i! purposes of the Plan; . . . (Emphasis ours) 41 w i 

E TWA salary records show that earnings ranged 

'f' from $20,380.76 to $28,501.82 in the 1993. 

m Even if the Appeals Board assumes that orked 2,340 

hours in each of those years, she 

years of Continuous Service from 1987 through 1993. TWA records 

also show that in 1994, she earned $5,794.77 before going on 

unpaid medical leave on March 20. Documents available to the 

Board indicate that did not return to active 

service with TWA at the end of her-medical leave of absence. 

Thus, the Board found that did not meet the IFFA 

Plan's disability retiremeit requireient of ten Years of 

Continuous Employment. 

The Appeals Board regrets that PBGC's letter stated 

erroneous grounds for denying I request for 

disability retirement under 'the IFFA Plan. The Board also 

regrets that the outcome of your appeal is not a favorable one. 

Having applied the IFFA Plan's provisions to the facts of 

this case, the ~ppeals. Board found no reason to change the PBGC 

determination's conclusion that - is not entitled to 

disability retirement under the IFFA P an. Therefore, we must 

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

matter and you may, if you wish, seek court review of this 

decision. 

PLEASE NOTE, however, that PBGC will always, even after an 

appeal is closed, consider any - new, specific evidence that 

presents (for example, documentation that she 

completed at least ten Years of Continuous Employment as defined 

in the IFFA Plan) showing that she is entitled to disability 

retirement. If you have or obtain any such evidence, please 

send it to PBGC, Attn: Insurance Operations Department, at P.O. 

Box 151750, Alexandria, Virginia 22315-1750. If you need 

additional information from PBGC, please call the Customer 

Service Center at 1-800-400-7242. 

Sincerely, 

', ~x~;/q'g<~ 

Michel Louis 

Appeals Board Member