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 |
---|---|---|
08/29/1988
408(c )(2) |
Paul D. Myrick, Esq. |
Whether a plan trustee of the A.F. of L. - A.G.C. Building Trades Pension and Welfare Plans, who is a full-time employee of an employer that no longer makes contributions to the Plans on behalf of its employees, may receive compensation from the Plans for services performed as trustee. |
08/24/1988
3(32) 4(b)(1) |
Ms. Peggy O. Haines |
Whether the money purchase plan of the Lee County Public Schools is a governmental plan within the meaning of section 3(32) of title I of ERISA and is therefore excluded from coverage under that title by section 4(b)(1) of ERISA. |
08/17/1988
406(b) 408(b)(8) |
Mr. Donald S. Kohla |
Whether a bank in the SunTrust system would not violate section 406(b) of ERISA by investing the assets of employee benefit plans for which SunTrust Banks, Inc. is a fiduciary in a common trust fund maintained by such bank or any other bank in the SunTrust system. |
08/12/1988
3(1) |
Mr. J. Paul Jacobson |
Whether the Dependent Care Assistance Plan of Tropical Plant Rentals, Inc. constitutes an employee welfare benefit plan within the meaning of section 3(1) of ERISA. |
04/15/1988
IRC 408(A) |
Mr. Lloyd V. Crawford |
Whether the application of the prohibited transaction provisions of section 4975 of the Internal Revenue Code of 1986 applies to the purchases of stock of the parent of the Bank of Prattville by various self-directed individual retirement accounts (IRAs) sponsored by the Bank. |
04/05/1988
408(b)(3) |
Mr. Thomas R. Hoecker |
Whether an employee stock ownership plan (ESOP) that allows its fiduciaries to borrow funds from parties in interest or others to finance the purchase of employer securities, which are allocated to a loan suspense account that releases securities and allocates them to participants’ ESOP accounts on an annual or a monthly basis as the loan is repaid complies with the requirements of the application of Department of Labor regulation 29 CFR 2550.408b-3(h) |
03/28/1988
3(2) 3(4) 3(5) |
Aaron N. Clinard, Esquire |
Whether the Carolinas Section of the Professional Golfers' Association of America (CSPGA) retirement plan would constitute an "employee benefit pension plan" within the meaning of section 3(2) of ERISA. |
03/28/1988
3(1) 3(16) 3(21) 3(4) |
Mr. Michael D. Foster |
Whether the Kanawha Valley Regional Transportation Authority Sick Fund constitutes an "employee welfare benefit plan" within the meaning of ERISA section 3(1) and, if so, whether the Kanawha Valley Regional Transportation Authority would be considered a plan sponsor, administrator, or a fiduciary with respect to the Valley Regional Transportation Authority Sick Fund. |
03/16/1988
|
Mr. Stephen E. Lehman |
Whether the Christian Schools and Church Association Welfare Benefit constitutes an “employee welfare benefit plan” within the meaning of section 3(1) of title I of ERISA, and whether the Association Plan constitutes a “multiple employer welfare arrangement”, within the meaning of ERISA section 3(40). |
03/11/1988
3(1) |
William R. Charyk, Esq. |
Whether the Employee Assistance Program of El Paso Natural Gas Company and its subsidiary El Paso Hydrocarbons Company is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA as it provides benefits for the treatment of drug and alcohol abuse, stress, depression and similar health and medical problems to its participants. |