August 25, 2011

		BY CERTIFIED MAIL; RETURN RECEIPT REQUESTED

Plan Administrator
Honeywell
PO Box 1057
Morristown, NJ 07962-1057

	Re: 	Rosemary Smith, 
			Surviving spouse of Thomas R. Smith,  SSN: XXX-XX-XXXX (D)
		
Dear Plan Administrator:

	Mrs. Rosemary Smith has requested the assistance of the New England Pension Assistance Project with respect to the issue of payment of survivor benefits pursuant to the Pension Plan of the Bunker Ramo Company, now administered by Honeywell.  Included as Exhibit 1, you will find a release form signed by Rosemary Smith, authorizing the New England Pension Assistance Project to act on her behalf.  This letter constitutes a claim for survivor benefits due her pursuant to the plan and ERISA.   

	Statement of Facts
	
	 Rosemary and Thomas Smith were married on June 10, 1956, and remained married until Mr. Smith’s death on August 24, 2010.  See copies of Marriage Certificate and Death Certificate enclosed herein as Exhibits 2 and 3. 

Mr. Smith was employed by Bunker Ramo from 1959 through 1976 when he was laid off with 17 years and 3 months credited service.  In June, 1978, Mr. Smith exercised the option to receive a distribution of his retirement funds from the Bunker Ramo Profit Sharing Retirement Plan.  At that time, he was also informed by a letter from the Director of Pension & Retirement Plans states that he was also entitled to receive a deferred vested pension in the amount of $104.65 per month at normal retirement age (65).  This letter is enclosed as Exhibit 4.  Mr. Smith’s entitlement to a deferred vested benefit from the Bunker Ramo Pension Plan for Salaried Employees is also confirmed by Mrs. Smith’s receipt of a Notice of Potential Private Pension detailing this same monthly entitlement (Copy enclosed as Exhibit 5).

As Mr. Smith was born on February 6, 1931, he attained Normal Retirement Age on February 6, 1996.  In February of 2001, Mr. Smith received election forms and other paperwork from  Honeywell (see copies enclosed as Exhibit 6).    However, after Mr. Smith died on August 24, 2010, Rosemary Smith realized that he had never completed any election forms and had never received the deferred vested pension to which he was entitled.  

	Argument

The evidence included herein demonstrates conclusively that Thomas Smith was entitled to a deferred vested pension in the amount of $104.65 payable at Normal Retirement Age.  Mr. Smith attained Normal Retirement Age on February 6, 1996, but died on August 24, 2010, without ever electing to begin receipt of his retirement benefits.  We note for the plan’s information that this benefit is nonforfeitable pursuant to Section 203 of ERISA. 

Rosemary Smith, his surviving spouse, is therefore entitled to a survivor’s benefit pursuant to the plan and pursuant to law. Pursuant to Section 205 of ERISA, every pension plan which pays benefits in the form of a monthly annuity must automatically pay them in the form of a 50% joint and survivor annuity.  This automatic benefit form may only be waived through strict compliance with the requirements set forth in ERISA §205.  These requirements apply to vested participants who were alive on August 23, 1984, and whose benefits were not yet in pay status in 1984.  

Pursuant to Section 205(c) of ERISA, an effective waiver of a spouse’s right may only occur where: (1) the participant ‘s spouse consents in writing to such an election, and (2) the consent acknowledges the effect of the election, and (3) the consent is witnessed by a plan representative or notary public.  Mrs. Smith has never waived her right to a 50% joint and survivor benefit.  

	Conclusion

	For the reasons discussed above, we hereby request that the plan immediately calculate and pay the survivor benefit to which Rosemary Smith is entitled pursuant to the plan and ERISA.   

	Please direct your written response to us at : New England Pension Assistance Project, Gerontology Institute, Univ. of Massachusetts Boston, 100 Morrissey Blvd. Boston, MA   02125.   Please feel free to call either of us at 617-287-7307  or to email us at: Jeanne.medeiros@umb.edu or Maureen.egan@umb.edu  if we can provide you with any further information. 

Thank you for your attention to this matter.

								Sincerely,

								Jeanne M. Medeiros, Esq.
								Managing Attorney 

								Maureen Egan
								Pension Counselor

Enclosures: 

Ex. 1 – Release Form

Ex. 2 - Marriage Certificate
	
Ex. 3- Death Certificate

Ex. 4 -  June 16, 1978 letter from Bunker Ramo Director, Pension & Retirement Plans

Ex. 5 – Social Security Notice of Potential Private Pension Benefit

Ex. 6 -  February 8, 2001 letter from Honeywell Retirement Pension Planning 

cc: Rosemary Smith