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

1988
AO/ Date/ Reference Recipient Description of Request
08/29/1988
408(c )(2)

Paul D. Myrick, Esq.
McRight, Jackson, Myrick & Moore
1100 First Alabama Bank Building
Mobile, AL 36602

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
Penn, Stuart, Eskridge & Jones
207 Piedmont Avenue
Post Office Box 2009
Bristol, Virginia 24203

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
King & Spalding
2500 Trust Company Tower
Atlanta, GA 30303

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
Quarles & Brady
411 East Wisconsin Avenue
Milwaukee, Wisconsin 53202

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
Rushton, Stakely, Johnston & Garrett
184 Commerce Street
Montgomery, AL 36104

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
Snell and Wilmer
3100 Valley Bank Center
Phoenix, AZ 85073

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
Schock, Schock and Schock
310 South Main Street
Post Office Box 1893
High Point, North Carolina 27261

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
Jackson, Kelly, Holt & O'Farrell
1600 Laidley Tower
P.O. Box 553
Charleston, West Virginia 25322

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
Leatherwood, Walker, Todd & Mann
Suite 302, Spartan Centre
101 West St. John Street
Post Office Box 4409
Spartanburg, South Carolina 29305-4409

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.
Anne D. Bolling, Esq.
Arent, Fox, Kintner, Plotkin & Kahn
Washington Square
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036-5339

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.