for approving or denying Plan Benefits in whole or in

part.” Id. Exh. 3 at 6.

A. Eligibility and Coverage Provisions

      The Plan was issued and made effective on 1 October 1993. Employees

became eligible to receive benefits under the Plan on the first day of their

employment at Citibank. If an employee became disabled, then he or she was

eligible to receive short term disability benefits (“STD”) for 180 days. If the

employee remained disabled after the expiration of the STD period, the receipt of

LTD benefits was conditioned on an inability to perform each and every material

duty pertaining to his or her regular occupation. After twenty-four consecutive

months of disability, inclusive of the initial 180-day STD period, the employee

could continue to receive LTD benefits only if unable to performand in her cross-motion for summary judgment, however,

Slomcenski argues that the provision was not properly part of the Plan because it

appears only in the SPD, not in the original Plan document. Citibank responded

with a supplemental affidavit by Phyllis Wade, a Citigroup, Inc. Benefits Manager,

stating that the Plan had been properly amended to include the provision through

an SMM giving notice to employees, the 1997 revision of the SPD adding the



                                          9
provision, and the filing of that new SPD with the Department of Labor. The court

found that Slomcenski, far