Advisory Opinions

Whether the Iron County Medical Care Facility, also known as County Infirmary’s provision of life insurance for its employees is a governmental plan within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974 (ERISA) and, thus, is not subject to title I of ERISA.

Whether the Department of Labor will update its Advisory Opinion 82-50A, which held that the Realtors Group Insurance Trust (Trust) was not an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974 (ERISA), to confirm that REGIT, a non-stock corporation assuming the obligations of the Trust, is not an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.

Whether PTE 79-60 permits Glen-Wahlberg & Co. and the Sistrunk Insurance Agency, subsidiaries of Wetterau, Inc whose employees participate in the Wetterau, Inc. Group Insurance Plan (the Plan) to sell insurance to the Plan and to receive commissions thereon, if the conditions of the class exemption are met.

Whether the Florida Health Care Association Group Trust (the Trust) is an employee welfare benefit plan within the meaning of section 3(1) of title I of the of the Employee Retirement Income Security Act of 1974.

Whether certain equity interests in real properties acquired in 1982 by John Hancock Mutual Life Insurance Company (the Company) for both its general account and a separate account (holding assets of the Employee’s Retirement and Benefit Plan of Schenley Industries, Inc. for which the Company is a fiduciary) are “held pursuant to a binding contract in effect on July 1, 1974” under 414(c)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) because the interests were acquired in a foreclosure auction that resulted from defaults on pre-1974 mortgages.

Whether the option prices contained in a 1966 amendment to a lease of property owned by the Profit-Sharing Plan for Employees of Southwestern Drug Corporation and Southwestern Drug Corporation may be considered in determining the fair market value of the Property under section 414(c)(3) of the Employee Retirement Income Security Act of 1974 and Labor Department regulation 29 CFR 2550.414c-3(b)(3).

Whether section 514 of title I of the Employee Retirement Income Security Act of 1974 (ERISA) preempts Puerto Rican laws H.B. 943 (No. 33), approved May 6, 1983, to add section 19.031 to Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico" and Act No. 113, approved June 2, 1976, to add a new chapter 19 to Act No. 77, with respect to collectively bargained employee benefit plans covered by title I of ERISA.

Whether two individual retirement programs to be implemented by Armco, Inc. and its affiliates constitute employee pension benefit plans within the meaning of section 3(2) of title I of the Employee Retirement Income Security Act of 1974.

Whether the Minnesota Timber Producers Association's Group Health Plan is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the Central States Region Voluntary Employees' Beneficiary Association Trust (the Trust) and/or the Central States Region Voluntary Employees' Beneficiary Association Trust Medical Plan (the Medical Plan), both created January 1, 1984, are “employee welfare benefit plans” as defined by section 3(1) of the Employee Retirement Income Security Act of 1974.