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

1998
AO/ Date/ Reference Recipient Description of Request
10/09/1998
3(1)
3(40)

Barbara G. Sweet, National Director 
Federation of American Consumers 
and Travelers 
318 Hillsboro Avenue 
P.O. Box 104 
Edwardsville, Illinois 62025

Request a reconsideration of Opinion 97-14A, which concluded that the health care 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)(A) and, therefore, to the extent provided in ERISA section 514(b)(6)(A), is subject to applicable state insurance law.

09/24/1998
PTE 92-06

Robin M. Schachter, Esq. 
Lazarus N. Sun, Esq. 
Jeffer, Mangels, Butler & Marmaro LLP 
Tenth Floor 
2121 Avenue of the Stars 
Los Angeles, California 90067-5010

Whether PTE 92-6 covers: (1) a plan sale to multiple relatives of the insured who are the sole beneficiaries under the contract; (2) a plan sale of a life insurance contract covering the life of a participant and his or her spouse; and (3) the sale by a plan of a partial interest in a life insurance contract where, following such sale, both the interest retained by the plan and the interest sold will qualify as a life insurance contracts under applicable state law.

07/30/1998
PTE 77-3

Mr. Donald J. Myers 
Reed Smith Shaw & McClay LLP 
1301 K Street, N.W. 
Suite 1100 - East Tower 
Washington, D.C. 20005-3317

Whether PTE 77-3 provides relief for the investment by a bank’s in-house plan in a mutual fund advised by the bank through an in-kind exchange of assets for mutual fund shares, if the exemption’s conditions are satisfied.

06/19/1998
3(33)

Ms. Sandi J. Porter 
Dechert Price & Rhoads
4000 Bell Atlantic Tower
1717 Arch Street
Philadelphia, PA 19103-2793

Whether certain employee benefit plans maintained by Foulkeways at Gwynedd, a non-profit, continuing care retirement community, are “church plans” within the meaning of ERISA section 3(33).

05/28/1998
404(c )

William M. Tartikoff 
Senior Vice President and General Counsel 
Calvert Group Ltd. 
4550 Montgomery Avenue 
Bethesda, Maryland 20814

Whether a plan fiduciary's selection of a "socially-responsible fund" as a plan investment or a designated investment alternative for a section 404(c) plan would violate the general fiduciary duties and responsibilities of ERISA sections 403(c) and 404(a)(1).

03/06/1998
IRC 408(A)

Kristine J. Coffey, Chair 
Committee on Retirement Products 
and Estate Services
Securities Industry Association
Everen Securities, Inc.
77 West Wacker Drive, Suite 2400
Chicago, IL 60601-1994

Whether a Roth IRA as defined in Internal Revenue Code section 408A will be considered an IRA for purposes of PTE 97-11.

03/06/1998
3(2)

Samuel Arthur Butts III 
Manier Herod Hollabaugh & Smith
First Union Tower
Suite 2200
150 Fourth Avenue North
Nashville, TN 37219-2494

Whether the UT Medical Group, Inc. Key Employee Incentive Plan should be considered a “bonus program” rather than a "pension plan" under ERISA section 3(2)(A).

01/21/1998
3(1)

Mr. Mark W. Kunst
O'Donoghue & O'Donoghue
4748 Wisconsin Avenue, N.W.
Washington, D.C. 20016

Whether a proposed grant from the National Distribution Pipeline Industry Communications and Productivity Fund (Pipeline Fund) to a training fund for Union members would, render the Pipeline Fund an employee welfare benefit plan under ERISA section 3(1).

1997
AO/ Date/ Reference Recipient Description of Request
11/07/1997
3(32)

Mr. Richard J. Tuggle, Jr.
Tuggle Duggins & Meschan, P.A.
P.O. Box 2888 
228 West Market Street
Greensboro, North Carolina 27402

Whether the Beaufort County Hospital Association, Inc. Employees' Pension Plan is a “governmental plan” within the meaning of ERISA section 3(32), and therefore excepted from ERISA Title I by section 4(b)(1).

10/24/1997
407(d)(5)
407(f)(1)

Mr. Larry E. Shapiro 
McDermott, Will & Emery 
1200 Eighteenth Street, N.W. 
Washington, D.C. 20036

Whether a redemption or conversion of the same class of publicly-traded preferred stock that is held by a defined benefit plan by holders other than the plan would trigger the application of the ownership limits in ERISA section 407(f)(1).