Advisory Opinions

Whether the District of Columbia Bar Deferred Compensation Plan, administered by the D.C. Bar is a "governmental plan" within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974 ("ERISA").

Whether the Housing Authority of the Birmingham District Money Purchase Pension Plan established by the Housing Authority of the Birmingham District is a "governmental plan" within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974 ("ERISA").

Whether proceeds received from the sale of stock from an employee stock ownership plan acquired with a loan which is exempt under section 408(b)(3) may be used to repay the loan if there is no formal pledge of the stock as security for the loan. Whether such action violates the general fiduciary provisions of ERISA.

Whether the Labor-Management Cooperation Trust, which was established in accordance with the Labor Management Cooperation Act of 1978 by the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry, Local Union 598, AFL-CIO and the employers that are signatories to the Local 598 Collective Bargaining Agreement, as revised December 1991, is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA. Specifically, whether the revised Trust Agreement’s purpose to provide benefits described in section 302 of the Labor Management Relations Act of 1947 falls within the meaning of section 3(1) of Title I of ERISA.

Whether the proposed purchase and lease-back of a tax-exempt school's land and building by a self-directed Individual Retirement Account (IRA) that is an employee pension benefit plan would result in a prohibited transaction under section 4975 of the Code. Whether the prohibited transaction would result in a deemed distribution from the IRA under section 408(e)(2) of the Internal Revenue Code.

Whether the long-term disability program sponsored by the California Law Enforcement Association (CLEA), a non-profit mutual benefit corporation formed to provide a program of disability benefits to law enforcement personnel in the State of California, is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA. Whether CLEA is an employee organization under section 3(4) or an employer group or association under section 3(5).

Whether the TNCO, Inc. Health Benefits Plan (TNCO Plan), a single-employer plan that is self-funded with stop loss coverage, is an employee welfare benefits plan within the meaning of section 3(1) of Title I of ERISA. Whether the plan is subject to the exceptions in section 514(b).

Whether the Tremont Nail Company Health Benefits Plan, a single-employer plan that is self-funded with stop loss coverage, is an employee welfare benefits plan within the meaning of section 3(1) of Title I of ERISA. Whether the plan is subject to the exceptions in section 514(b)(6).

Whether a health benefit program (the ERM Program) offered by Employers Resource Management Company, Inc. (ERM), an employee leasing firm that markets certain services relating to employees of client companies, is a multiple employer welfare arrangement (MEWA) within the meaning of ERISA section 3(40).

Whether the Capital Metro Retirement and Savings Plan (formerly known as the Capital Metro 401(k) Plan) is a governmental plan within the meaning of section 3(32) of Title I of ERISA and, thus, excluded from ERISA Title I coverage by section 4(b)(1) of Title I of ERISA.