Advisory Opinions

Requests for interpretations and other rulings under Title 1 of ERISA are handled by the Office of Regulations and Interpretations under the provisions established by ERISA Procedure 76-1. The office answers inquiries from individuals and organizations in the form of advisory opinions, which apply the law to a specific set of facts, or information letters, which merely call attention to well established principles or interpretations.

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**1997**
AO/ Date/ Reference	Recipient	Description of Request
1997-14A 05/07/1997 3(40)	Mr. Douglas C. Stolte Deputy Commissioner of Insurance Virginia Bureau of Insurance P.O. Box 1157 Richmond, Virginia 23218	Whether the health benefit program offered by the Federation of American Consumers and Travelers to its members is a “multiple employer welfare arrangement” within the meaning of ERISA section 3(40).
1997-13A 04/24/1997 3(33)	Ms. Robin S. Lazarow Witman, Stadtmauer & Michaels 26 Columbia Turnpike Florham Park, New Jersey 07932-2246	Whether the Saint Dominic Academy Pension Plan is a “church plan” within the meaning of ERISA section 3(33).
1997-12A 04/18/1997 3(1)	Ms. Barbara Clark Pacific Telesis Legal Group Pacific Telesis Center 130 Kearny Street, Suite 3629 San Francisco, California 94108	Whether the Pacific Telesis Group outplacement assistance program is an “employee welfare benefit plan” as defined in ERISA section 3(1).
1997-11A 04/10/1997 104(b)(2) 104(b)(4)	Mr. Ken Paff Teamsters for a Democratic Union P.O. Box 10128 Detroit, MI 48210	Whether a plan administrator is required under ERISA section 104(b)(4) to furnish a participant with a copy of the contract between an employee benefit plan and a third party administrator.
1997-10A 04/04/1997 3(33)	Mr. Edward J. Adkins Miles & Stockbridge 10 Light Street Baltimore, MD 21202-1487	Whether the pension and health plans sponsored by the Homewood Retirement Centers of the United Church of Christ, Inc. are “church plans” within the meaning of ERISA section 3(33).
1997-09A 03/21/1997 3(33)	I. Lee Falk, Esquire Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, PA 19103-6993	Whether benefit plans sponsored by Tressler Lutheran Services are “church plans” within the meaning of ERISA section 3(33) and therefore excluded from coverage by ERISA section 4(b)(2).
1997-08A 03/14/1997 3(1)	Mr. Harold G. Korbee Wood & Lamping 2500 Cincinnati Commerce Center 600 Vine Street Cincinnati, Ohio 45202-2409	Whether the Board of Trustees of the Pipe Fitters Union Local No. 392 Drug Free Workplace Trust Fund, which pays for annual drug testing of union members, is an “employee welfare benefit plan” within the meaning of ERISA section 3(1).
1997-07a 02/27/1997 3(33)	Ms. Kathleen M. Perillo Morgan, Lewis & Bockius 2000 One Logan Square Philadelphia, Pennsylvania 19103-6993	Whether a pension and two welfare plans maintained by Mercy Hospital of Watertown are “church plans” within the meaning of ERISA section 3(33) and, therefore excluded from coverage by ERISA section 4(b)(2).
1997-06a 02/12/1997 407(d)(3 )(C) 407(d)(9)	Mr. Richard J. Razook Thomson, Muraro, Razook & Hart, P.A. One Southeast Third Avenue 17 Floor Miami, Florida 33131	Request for guidance concerning the application of section 9345(a)(3) of the Omnibus Budget Reconciliation Act of 1987 to the proposed amendment of two defined benefit plans to provide that all eligible employees receive certain minimum benefits. The defined benefit plans and an employee stock ownership plan together make up a floor-offset arrangement established prior to December 17, 1987.
1997-05a 02/12/1997 3(32)	Scott M. Lepak, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894	Whether the Sheriff's Youth Programs of Minnesota 403(b) Annuity Program is a “governmental plan” within the meaning of ERISA section 3(32) and, therefore, is excluded from coverage by ERISA section 4(b), or, alternatively, whether it operates within the 29 C.F.R. 2510.3-2(f),"safe harbor" criteria.