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 |
---|---|---|
01/14/1991
3(40) 514(b)(6) |
Mr. Michael J. Angelini |
Whether the Joint Economic Total Trust (the Trust), also known as the Midwest Benefits Trust, is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and therefore subject to the applicable regulatory authority of the State of New Jersey. |
01/14/1991
3(40) 514(b) |
Christine Phillips |
Whether the Health Services Association Health Plan (HSA Plan) is a multiple employer welfare arrangement (MEWA) within the meaning of Section 3(40) of title I of ERISA. Whether the preemption provisions of ERISA would not preclude state regulation of the HSA Plan at least to the extent provided in section 514(b)(6)(A). |
01/07/1991
3(40) 514(b)(6) |
Mr. Malcom C. Wells |
Whether the Stop Loss Concepts Employee Benefit Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title and therefore subject to applicable state insurance commission regulation. |
01/07/1991
3(40) 514(b)(6) |
Ms. Mary Nance |
Whether the United Dairy Association Benefit Plan (the Plan) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA, and whether the Plan is subject to the applicable regulatory authority of the State of Texas. |
AO/ Date/ Reference | Recipient | Description of Request |
---|---|---|
12/11/1990
3(40) 514(b) |
Mr. Neil K. Rector |
Whether the Select Business Development Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and, if so, whether the Trust is fully insured within the meaning of section 514(b)(6)(A) of that title. |
12/04/1990
|
Mr. Joseph V. Demarte |
Whether the Court Order that was issued in a probate proceeding and would recognize an interest in pension benefits of the surviving spouse solely on the basis of the state community property law is considered a "domestic relations order" within the meaning of section 206(d)(3)(B)(ii) of ERISA and is enforceable against the Plan. |
12/04/1990
|
Ms. Ellen O. Pfaff
|
Whether the Court Order that was issued in a probate proceeding and would recognize an interest in pension benefits of the surviving spouse solely on the basis of the state community property law is considered a "domestic relations order" within the meaning of section 206(d)(3)(B)(ii) of ERISA and is enforceable against the Plan. |
12/04/1990
|
Mr. Bradley W. Hanson |
Whether the Plan constitutes a church plan within the meaning of section 3(33) of title I of ERISA and, accordingly, whether the plan is excluded from the requirements of title I of ERISA by section 4(b)(2) thereof. |
11/21/1990
|
Ms. Ruel D. Norman |
Whether the Agriculture Producers & Associates Employee Benefit Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and, if so, whether the State of Texas may require the Trust to obtain a certificate of authority from the State. |
11/21/1990
|
Mr. Robert A. Williams |
Whether two programs operated by the West Indies Central Labor Organization (WICLO) for certain non-resident aliens of the United States who work in the United States under an H-2A program constitute employee benefit plans covered by title I of ERISA. |