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 |
---|---|---|
06/02/1987
406(b)(3) |
Ms. Katherine L. Thompson |
Whether the purchase of preferred stock of a corporation by a defined benefit pension plan sponsored by that corporation would contravene the prohibited transaction provisions of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) if such stock is acquired from the estate of the father of a plan fiduciary. |
05/05/1987
407 |
Mr. Kenneth M. Hart |
Whether depositary shares of Jaguar plc (a U.K. Corporation) common stock, evidenced by American depositary receipts (ADRs), constitute "qualifying employer securities" under section 407(d)(5) of ERISA if held by the profit-sharing plan for U.S. employees of Jaguar Cars, Inc. (a wholly owned subsidiary of Jaguar plc) |
01/08/1987
3(1) 3(4) 3(5) |
Mr. Franklin L. Damon |
Whether the National Transportation Trust, established pursuant to a trust agreement effective January 1, 1985, between the National Transportation Safety Association, Inc. (NTSA) as Trustor and First Wisconsin National Bank of Madison as Trustee, is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA. |
01/05/1987
3(1) 3(4) 3(5) |
Mr. James P. Rankin |
Whether the group health insurance program sponsored by the Kansas Bar Association (KBA) for its members and their employees, is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA, established and/or maintained by an “employee organization" or an “employer" (as defined in sections 3(4) and 3(5) of ERISA, respectively). |
AO/ Date/ Reference | Recipient | Description of Request |
---|---|---|
12/11/1986
|
Ms. Maria B. Campbell |
Whether the purchases and sales of stock of AmSouth Bancorporation, (AmSouth), in blind transactions on the New York Stock Exchange (NYSE) by unaffiliated participants in the self-directed individual retirement accounts (IRAs) for which AmSouth Bank N.A. (AmSouth Bank), a wholly-owned subsidiary of AmSouth, serves as custodian constitute prohibited transactions under the section 4975 of the Internal Revenue Code of 1954. |
12/15/1986
|
Ms. Cheryl A. French |
Whether the trust established in accordance with the Labor Management Cooperation Act of 1978 (LMCA) by the United Association of Journeyman & Apprentices of the Plumbing and Pipefitting Industry, Local Union 598, AFL-CIO (Local 598) and the Southwestern Washington Mechanical Contractors Association (SWMCA) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA. |
12/05/1986
|
Mr. James P. Rankin |
Whether the group health insurance program sponsored by the Kansas Society of Certified Public Accountants, (KSCPA) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA. |
12/04/1986
|
Ms. Diane C. Sonderegger |
Whether the Health Services Retirement Plan and Trust is a church plan within the meaning of section 3(33) of title I of ERISA and therefore exempt from coverage under that title pursuant to section 4(b)(2) of ERISA. |
09/09/1986
|
Mr. Steven Bloom |
Whether the Miami Fire Fighters Insurance Trust Fund constitutes a "governmental plan" within the meaning of section 3(32) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and is, therefore, excluded from coverage under title I of ERISA pursuant to section 4(b)(1) thereof. |
09/09/1986
|
Mr. Steven Bloom |
Whether the Palm Beach County Fire Fighters Employees' Insurance Fund constitutes a "governmental plan" within the meaning of section 3(32) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and is, therefore, excluded from coverage under title I of ERISA pursuant to section 4(b)(1) thereof. |