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

1997
AO/ Date/ Reference Recipient Description of Request
05/07/1997
3(40)

Mr. Douglas C. Stolte 
Deputy Commissioner of Insurance 
Virginia Bureau of Insurance 
P.O. Box 1157
Richmond, Virginia 23218

Whether the health benefit 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).

04/24/1997
3(33)

Ms. Robin S. Lazarow 
Witman, Stadtmauer & Michaels 
26 Columbia Turnpike
Florham Park, New Jersey 07932-2246

Whether the Saint Dominic Academy Pension Plan is a “church plan” within the meaning of ERISA section 3(33).

04/18/1997
3(1)

Ms. Barbara Clark
Pacific Telesis Legal Group
Pacific Telesis Center
130 Kearny Street, Suite 3629
San Francisco, California 94108

Whether the Pacific Telesis Group outplacement assistance program is an “employee welfare benefit plan” as defined in ERISA section 3(1).

04/10/1997
104(b)(2)
104(b)(4)

Mr. Ken Paff
Teamsters for a Democratic Union
P.O. Box 10128
Detroit, MI 48210

Whether a plan administrator is required under ERISA section 104(b)(4) to furnish a participant with a copy of the contract between an employee benefit plan and a third party administrator.

04/04/1997
3(33)

Mr. Edward J. Adkins
Miles & Stockbridge
10 Light Street
Baltimore, MD 21202-1487

Whether the pension and health plans sponsored by the Homewood Retirement Centers of the United Church of Christ, Inc. are “church plans” within the meaning of ERISA section 3(33).

03/21/1997
3(33)

I. Lee Falk, Esquire
Morgan, Lewis & Bockius
2000 One Logan Square
Philadelphia, PA 19103-6993

Whether benefit plans sponsored by Tressler Lutheran Services are “church plans” within the meaning of ERISA section 3(33) and therefore excluded from coverage by ERISA section 4(b)(2).

03/14/1997
3(1)

Mr. Harold G. Korbee
Wood & Lamping
2500 Cincinnati Commerce Center
600 Vine Street
Cincinnati, Ohio 45202-2409

Whether the Board of Trustees of the Pipe Fitters Union Local No. 392 Drug Free Workplace Trust Fund, which pays for annual drug testing of union members, is an “employee welfare benefit plan” within the meaning of ERISA section 3(1).

02/27/1997
3(33)

Ms. Kathleen M. Perillo
Morgan, Lewis & Bockius
2000 One Logan Square
Philadelphia, Pennsylvania 19103-6993

Whether a pension and two welfare plans maintained by Mercy Hospital of Watertown are “church plans” within the meaning of ERISA section 3(33) and, therefore excluded from coverage by ERISA section 4(b)(2).

02/12/1997
407(d)(3 )(C)
407(d)(9)

Mr. Richard J. Razook
Thomson, Muraro, Razook & Hart, P.A.
One Southeast Third Avenue
17 Floor
Miami, Florida 33131

Request for guidance concerning the application of section 9345(a)(3) of the Omnibus Budget Reconciliation Act of 1987 to the proposed amendment of two defined benefit plans to provide that all eligible employees receive certain minimum benefits. The defined benefit plans and an employee stock ownership plan together make up a floor-offset arrangement established prior to December 17, 1987.

02/12/1997
3(32)

Scott M. Lepak, Esq.
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433-5894

Whether the Sheriff's Youth Programs of Minnesota 403(b) Annuity Program is a “governmental plan” within the meaning of ERISA section 3(32) and, therefore, is excluded from coverage by ERISA section 4(b), or, alternatively, whether it operates within the 29 C.F.R. 2510.3-2(f),"safe harbor" criteria.