Free Declaration - District Court of Arizona - Arizona

1 David B. Rosenbaum, Attyj No. 009819
Dawn L. Dagphine, Atty. 0. 010833
2 Osborn Mal on P.A.
2929 North Central Avenue
3 Suite 2100
Phoenix, AZ 85012-2794
4 Telephone: (602) 640-9000
[email protected]
5 [email protected] -
6 Michael L. Banks, Pro Hac Vice
William I. Delany, Pro Hac Vice .
7 Amy Covert, Pm Hac Vice " ‘
Azeez Hayne, Pro Hac Vice
8 MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
9 Philadelphia, PA 19103 ‘
Telephone: (215) 963-5000
10 [email protected]
w [email protected]
1 1 [email protected] '
12 [email protected]
13 Attomeys for Defendants
14 . .
15 IN THE UNITED STATES DISTRICT COURT
16 FOR THE DISTRICT OF ARIZONA
· 17 {
Barbara Allen, Richard Dgpold, No. CV04»·0424 PHX ROS E
18 Melvin Jones, Donald Mc artykl
Richard Scates and Walter G. est, 5
19 individually and on behalf of all others `
sirnila-rgy situated, DECLARATION OF
20 Plain ' s, CINDY BURNELKO ;
21 Plaintiffs,
22 vs.
23 Honeywell Retirement Earninigs Plan, ` A
1 Honeywell Secured Benefit P an, Plan
24 ( Administrator of Honeywell .
T Retirement Earnings P an, and Plan
25 ; Administrator of oneywell Secured
Benefit Plan,
26
Defendants.
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Case 2:04—cv—00424—ROS Document 187 Filed 06/30/2006 Page 1 of 4

1 I, Cindy Btu·nelko, depose and state pursuant to 28 U.S.C. § 1746 as follows:
2 1. I am employed by Honeywell International Inc. (“Honeywell" or the
3 "Company") as Manager, Retirement Plans. U
4 2. In 1995 I was employed by AlliedSignal, a predecessor of Honeywe l, as
5 Team Leader, Audit and Administration. · "
6 3. In my capacity as Team Leader, Audit and Administration, in 1994 I was
7 sent on special assignment to Phoenix, Arizona, where I remained until approx' ly
3 November, 1995. ._
9 4; While I was in Phoenix, four individuals who worked on pension
1Q administration reported to me: Jean Payne, Norma Pelligrino, Gwen Barden and D thy
1] Cameron. Their responsibilities included counseling employees and retirees reg ' g the
12 retirement plans, including explaining the Secured Benefit Account ("SBA") offse to the
13 Retirement Plan and providing pension estimates and final pension calculations th t
14 included the SBA and social security offsets. As their supervisor, I am aware that ey
15 understood and were qualified to counsel participants regarding their benefits (incl ding
16 the offsets), and that they did, in fact, counsel participants about the offsets. I A
· ~ 17 5. When I was in Phoenix, I witnessed employees complain to others d to
18 me regarding the SBA and social security offsets under the Retirement Plan. Ex ples of
I 19 complaints that the Company received were that employees thought that the SBA ffset I
2() was too great, that the amount of the offsets were incorrect, and that the Company d
21 reneged on a promise because the employees did not think that the SBA or social urity
22 should be offset against the Retirement Plan.
23 6. I observed Mmes. Payne, Pellegrino, Barden and Cameron using the Signal
24 Companies, Inc. Retirement Plan Administrative Manual (The Garrett Corporatio ) in
25 connection with cotmseling Retirement Plan participants. Attached as Exhibit 1 true
26 and correct excerpts from this Manual. In particular, I observed Mmes. Payne, Pe egrino,
27 Barden and Cameron using the sections of the Manual describing the SBA offset,
_ _ 28 HW00l5342-46, and the SBA offsetcalculation worksheet, HW00l5545-46, to vide
2 I
Case 2:04—cv—00424—FiOS Document 187 Filed 06/30/2006 Page 2 of 4
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1 information to participants and respond to participant requests regarding the SBA ffset.
2 7. In addition, attached as Exhibit 2 hereto is a true and correct copy o a letter
3 that I sent to Carl Allan Larson on January 26, 1996. This letter is an example of etters
4 that I typically sent to participants when they called with questions regarding their
· 5 p Retirement Plan benefits and the SBA and social security offsets under that Plan. D uring
6 A my phone calls with the employees, I would ask them to provide me with their es ated
A 7 retirement date so I could use that infomation to provide accurate benefit estima s.
8 8. In September 1995, I was asked to attend a benefits presentation ad essing
9 the SBA offset for employees in Phoenix. The room, which held approximately · <• •
I0 people, was filled to capacity with standing room only. There was quite a lot of ite ion
11 and anger among the employees at the meeting. The meeting got rowdy and, at o e point, _
12 doors were slammed. Althoughl was not an official presenter at that meeting, I w
13 asked to respond to questions by employees about the SBA and social secmity off ·. ets to
14 the Retirement Plan. In response, I explained to employees how the offsets work • . A
15 ‘ 9. The foregoing facts are true and correct based upon my personal kn wledge.
Q; I declare under penalty of perjury that the foregoing is true and correct. E
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Executed: Jime 29, 2006 - · 5 , t
· 20 INDY.: "·I*" " "" • ·
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1
1 CERTIFICATE OF SERVICE
2 I do certify that on June 30, 2006, I electronically transmitted the attached
3 document to the Clerk’s Office using the CM/ECP System for filing and transmit of a
4 ` Notice of Electronic Filing to the following CM/ECF registrants:
5 N Susan Martin W
g Martin & Bonnett P.L.L.C. _
6 1 3300 N. Central Avenue, Suite 1720
I Phoenix, Arizona 85012-2517
7 Attomey for Plaintiff
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