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 |
---|---|---|
04/04/1985
406(b)(1) 408(b)(2) |
Mr. David J. Dorne |
Whether the use by the Bank of its in-house discount brokerage for plans it serves as trustee would not constitute a violation of section 406(b)(1) of ERISA if the authorization to use such services was made in advance by an account manager or based on a standing instruction. |
03/26/1985
3(33) 4(b)(2) |
Mr. W. Russell Hamilton, III |
Whether the Retirement Plan for Employees of Holy Cross Hospital (the Retirement Plan) would be 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. |
03/26/1985
3(32) 4(b)(1) |
Mr. Z. B. Hill |
Whether the Medical Benefit Trust (the Trust) established by the City of Raleigh, North Carolina, to implement its Medical Benefits Plan (the Plan) for its employees would be considered a governmental plan described in section 4(b)(1) of title I of ERISA and not subject to the reporting and disclosure requirements and other requirements of title I of ERISA. |
03/08/1985
103(a)(3) |
Mr. Thomas D. Wilcox |
Whether the financial statements of the Plan as a whole remain subject to the audit requirements prescribed in section 103(a)(3)(A) of ERISA and regulation §2520.103-1. |
03/08/1985
3(1) 3(5) 3(7) |
Mr. John E. Kratz, Jr. |
Whether the First Maryland Bancorp Health Benefit Plan (the Plan) is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA). |
03/04/1985
3(32) 4(b)(1) |
Mr. Stephen W. Burke |
Whether the Transit Employees of Tidewater Disability and Retirement Allowance Plan (the Tidewater Plan) is a governmental plan as defined in section 3(32) of ERISA and is thereby excluded by section 4(b)(1) of ERISA from coverage by title I. |
03/04/1985
3(1) 3(5) 3(7) |
Mr. John E. Kratz, Jr. |
Whether the Landmark Financial Services Inc. Group Life, Disability, and Health Plan (the Plan) is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA). |
03/04/1985
3(1) 3(5) 3(7) |
Mr. John E. Kratz, Jr. |
Whether the Meridian Inc. Employee Benefit Plan (the Plan) which provides provides group medical, dental, and life insurance benefits is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA). |
02/22/1985
3(2) 3(5) 514 |
Mr. Joseph R. Simone |
Whether the Cultural Institutions Pension Plan (the Plan) is covered by title I of ERISA and that the provisions of section 200 of the New York Insurance Law (NY Section 200) are preempted with respect to the Plan. |
02/19/1985
3(1) 3(4) 3(5) |
Mr. Steven C. Krueger |
Whether the Money Back Health Protector Program (the Program) of the Missouri State Teachers Association (MSTA) is maintained by an employer, employee organization, or both, and therefore is an employee welfare benefit plan within the meaning of section 3(1) of ERISA and covered by title I of ERISA. |