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.

Data Dictionary

Start Date

Select Reference

**2002**
AO/ Date/ Reference	Recipient	Description of Request
2002-07A 07/25/2002 3(37)	Ronald E. Richman, Esq. Schulte Roth & Zabel LLP 919 Third Avenue New York, NY 10022 Michael S. Melbinger, Esq. Winston & Strawn 35 West Wacker Drive Chicago, Illinois 60601-9703	Application of the substantial business purpose test in paragraph (c) of 29 CFR 2510.3-37, for purposes of the definition of a "multiemployer plan" in ERISA Sec. 3(37).
2002-06A 07/03/2002 404(a)	J. Larry Savell, Chairman Richard Maples, Co-Chairman Iron Workers Mid-South Pension Fund Zenith Administrators 2450 Severn, Suite 517 Metairie, Louisiana 70001-1926	Application of Sec. 404(a)(1) of ERISA where trustees of a Taft-Hartley multiemployer plan, as the sole parties authorized under the trust agreement to establish delinquent contribution procedures, did so, but where different delinquent contribution procedures were subsequently agreed to in a collective bargaining agreement that the trustees were not party to.
2002-05A 06/07/2002 PTE 77-4	Melanie Franco Nussdorf, Esq. Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036-1795	Whether the prohibition in PTE 77-4 (42 FR 18732, April 8, 1977) on sales commission payments would apply to commissions paid by a plan to an independent broker who executes the plan’s purchase or sale of shares of open-end investment companies registered under the Investment Company Act of 1940 through a securities exchange.
2002-04A 06/07/2002 408(e)	Wallace M. Starke, Esq. Troutman, Sanders, Mays & Valentine, L.L.P. P.O. Box 1122 Richmond, VA 23218-1122	Application of Sec. 408(e) of ERISA to certain transactions between a plan and various personal trusts and estates sharing a common trustee with the plan.
2002-03A 06/07/2002 206(d)	Alsee McDaniel, Director Division of Child Support Enforcement Department of Human Services 750 North State Street Jackson, MS 39202	Application of Sec. 206(d) of ERISA with respect to the Mississippi Department of Human Services, Division of Child Support Enforcement.
2002-02A 05/17/2002 29 CFR 2510.3-102	Mr. Richard M. Steinberg, Chair Employee Benefit Plans Expert Panel Department of Labor Liaison Task Force American Institute of Certified Public Accountants 1455 Pennsylvania Avenue, NW Washington, DC 20004-1081	When participant loan repayments withheld from employee wages by an employer become plan assets subject to the prohibited transaction rules of section 406 of ERISA.
2002-01A 03/26/2002 401(b)	Ms. Melanie Franco Nussdorf Steptoe & Johnson, LLP 1330 Connecticut Ave., N.W. Washington, D.C. 20036 Howard M. Bergtraum O’Sullivan, Graev & Karabell LLP 30 Rockefeller Plaza, 24th Floor New York, New York 10112	Application of the "venture capital operating company" definition for purposes of the plan assets regulation at 29 CFR 2510.3-101.

**2001**
AO/ Date/ Reference	Recipient	Description of Request
2001-10A 12/14/2001 408(b)(2) 408(b)(6)	Mr. James M. Winn Smith & Downey 1110 Vermont Ave., NW, Suite 400 Washington, DC 20005	Application of ERISA Secs. 408(b)(2) and 408(b)(6) to the provision of trustee services by Laurel Trust Company to two defined benefit plans which it sponsors and the payment by the plans of trustee fees in connection with those services.
2001-09A 12/14/2001 406(b)	Mr. William A. Schmidt Mr. Eric Berger Kirkpatrick & Lockhart LLP 1800 Massachusetts Avenue, NW, 2nd Floor Washington, DC 20036-1800	Application of ERISA Sec. 406(b) to certain transactions involving the provision of investment advice and discretionary services with regard to asset allocation for participants in participant-directed defined contribution plans.
2001-08A 08/07/2001 3(32)	Karen M. Tyner, Esq. Edwards, Ballard, Bishop, Sturm, Clark & Keim, P.A. International Center, Suite 400 101 North Pine Street, P.O. Box 5398 Spartanburg, SC 29304	Application of the definition of "governmental plan" in Sec. 3(32) of ERISA.