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 |
---|---|---|
08/23/1995
3(32) |
Mr. David Needham |
Whether the Grand Rapids City Coach Lines, Inc. and Amalgamated Transit Union Pension Plan is a “governmental plan” within the meaning of section 3(32) and, therefore excluded from ERISA Title I coverage. |
08/09/1995
408(b)(1) |
Mr. Robert Heimbichner |
Whether a plan, whose participants are members of more than one collective bargaining unit, would fail to satisfy the ERISA section 408(b)(1)(A) requirement that loans be available to all participants and beneficiaries who are parties in interest on a reasonably equivalent basis if loans are available only to participants (and beneficiaries) whose collective bargaining units have agreed to the loan feature. |
07/27/1995
|
Michael S. Melbinger, Esq. |
A request, on behalf of Adoptive Families of America, Inc., for guidance concerning the obligations of group health plans under ERISA section 609(c), relating to coverage of dependent children in connection with adoptions. |
06/29/1995
|
Ms. Linda K. Shore |
Whether Banc One Corporation and its affiliates would be considered a fiduciary to plans participating in a proposed participant loan program in connection with its processing of participant loan applications and administration of the program. |
06/16/1995
|
Mr. Steven R. Reid |
Whether the Connecticut Labor Management Cooperation Committee Trust Fund is an “employee welfare benefit plan” within the meaning of ERISA section 3(1). |
06/26/1995
|
Mr. Dennis J. Murphy |
Whether the Central Valley Schools Health and Welfare Benefit Trust constitutes a “governmental plan,” as defined in ERISA section 3(32), and is, therefore, excluded from coverage under Title I of ERISA. |
06/26/1995
|
Ms. Barbara E. Tretheway |
Whether the Minnesota Public Employees' Insurance Plan constitutes a “governmental plan”, as defined in ERISA section 3(32) and is, therefore, excluded from coverage under Title I of ERISA. |
06/19/1995
3(33) 4(b)(2) |
Mr. S. Howard Kline |
Whether the Mercy Life Center Corporation Pension Plan is a “church plan” within the meaning of ERISA section 3(33) , and pursuant to section 4(b)(2) thereof, is not required to comply with the provisions of Title I. |
06/19/1995
3(33) 4(b)(2) |
Mr. S. Howard Kline |
Whether the Employees' Retirement Plan of the Sisters of the Good Shepherd is a “church plan” within the meaning of section 3(33) of Title I of ERISA and thus excluded from the requirements of Title I by section 4(b)(2). |
06/16/1995
3(32) 4(b)(1) |
Mr. Richard A. Gilbert |
Whether the status of the California State Teachers' Retirement System as a “governmental plan” within the meaning of ERISA sections 3(32) and 4(b)(1) would be adversely affected by accepting contributions pursuant to state law from a charter school’s operation where contributions were made on behalf of its employees for the limited period that the school's charter was in effect and were made so the school’s employees may participate in CSTRS for that same period. |