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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**1991**
AO/ Date/ Reference	Recipient	Description of Request
1991-04A 01/14/1991 3(40) 514(b)(6)	Mr. Michael J. Angelini Senior Investigator New Jersey Department of Insurance 200 West State St. CN 329 Trenton, NJ 08625-0329	Whether the Joint Economic Total Trust (the Trust), also known as the Midwest Benefits Trust, is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and therefore subject to the applicable regulatory authority of the State of New Jersey.
1991-03A 01/14/1991 3(40) 514(b)	Christine Phillips Investigator Insurance Division Department of Insurance and Finance Room 440-2, 21 Labor and Industries Building Salem, Oregon 97310	Whether the Health Services Association Health Plan (HSA Plan) is a multiple employer welfare arrangement (MEWA) within the meaning of Section 3(40) of title I of ERISA. Whether the preemption provisions of ERISA would not preclude state regulation of the HSA Plan at least to the extent provided in section 514(b)(6)(A).
1991-02A 01/07/1991 3(40) 514(b)(6)	Mr. Malcom C. Wells Policy and Rate Analyst West Virginia Insurance Commission 2019 Washington Street, East Charleston, West Virginia 25305	Whether the Stop Loss Concepts Employee Benefit Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title and therefore subject to applicable state insurance commission regulation.
1991-01A 01/07/1991 3(40) 514(b)(6)	Ms. Mary Nance Investigator Texas State Board of Insurance 110 San Jacinto Austin, Texas 78701-1998	Whether the United Dairy Association Benefit Plan (the Plan) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA, and whether the Plan is subject to the applicable regulatory authority of the State of Texas.

**1990**
AO/ Date/ Reference	Recipient	Description of Request
1990-48A 12/11/1990 3(40) 514(b)	Mr. Neil K. Rector Deputy Director Ohio Department of Insurance 2100 Stella Court Columbus, Ohio 43266-0566	Whether the Select Business Development Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and, if so, whether the Trust is fully insured within the meaning of section 514(b)(6)(A) of that title.
1990-47A 12/04/1990	Mr. Joseph V. Demarte Lane Powell Moss & Miller 3800 Rainier Bank Tower Seattle, Washington 98101-2647	Whether the Court Order that was issued in a probate proceeding and would recognize an interest in pension benefits of the surviving spouse solely on the basis of the state community property law is considered a "domestic relations order" within the meaning of section 206(d)(3)(B)(ii) of ERISA and is enforceable against the Plan.
1990-46A 12/04/1990	Ms. Ellen O. Pfaff Lane Powell Moss & Miller 3800 Rainier Bank Tower Seattle, Washington 98101-2647	Whether the Court Order that was issued in a probate proceeding and would recognize an interest in pension benefits of the surviving spouse solely on the basis of the state community property law is considered a "domestic relations order" within the meaning of section 206(d)(3)(B)(ii) of ERISA and is enforceable against the Plan.
1990-45A 12/04/1990	Mr. Bradley W. Hanson Hughes, Thoreen & Sullivan 110 South 6th Avenue Suite 200 P.O. Box 1187 St. Cloud, Minnesota 56302-1187	Whether the Plan constitutes a church plan within the meaning of section 3(33) of title I of ERISA and, accordingly, whether the plan is excluded from the requirements of title I of ERISA by section 4(b)(2) thereof.
1990-44A 11/21/1990	Ms. Ruel D. Norman Texas State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998	Whether the Agriculture Producers & Associates Employee Benefit Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and, if so, whether the State of Texas may require the Trust to obtain a certificate of authority from the State.
1990-43A 11/21/1990	Mr. Robert A. Williams Florida Rural Legal Services, Inc. 110 South Second Street P.O. Box 1109 Immokalee, Florida 33934	Whether two programs operated by the West Indies Central Labor Organization (WICLO) for certain non-resident aliens of the United States who work in the United States under an H-2A program constitute employee benefit plans covered by title I of ERISA.