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.
AO/ Date/ Reference | Recipient | Description of Request |
---|---|---|
05/07/1997
3(40) |
Mr. Douglas C. Stolte |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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. |
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. |