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

1984
AO/ Date/ Reference Recipient Description of Request
07/13/1984
3(32)
4(b)(1)

Mr. Chester E. Pintarelli
Administrator
Iron County Medical Care Facility
1523 West US-2
Crystal Falls, Michigan 49920

Whether the Iron County Medical Care Facility, also known as County Infirmary’s provision of life insurance for its employees is a governmental plan within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974 (ERISA) and, thus, is not subject to title I of ERISA.

07/09/1984
3(1)

Mr. Thomas F. Dean
McGuire, Woods & Battle
Ross Building
Richmond, Virginia 23219

Whether the Department of Labor will update its Advisory Opinion 82-50A, which held that the Realtors Group Insurance Trust (Trust) was not an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974 (ERISA), to confirm that REGIT, a non-stock corporation assuming the obligations of the Trust, is not an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.

07/06/1984

Edward A. Scallet, Esquire
Thompson & Mitchell
Suite 1000
1120 Vermont Avenue, N.W.
Washington, D.C. 20005

Whether PTE 79-60 permits Glen-Wahlberg & Co. and the Sistrunk Insurance Agency, subsidiaries of Wetterau, Inc whose employees participate in the Wetterau, Inc. Group Insurance Plan (the Plan) to sell insurance to the Plan and to receive commissions thereon, if the conditions of the class exemption are met.

06/26/1984
3(1)
3(40)
3(5)

Mr. Lawrence R. Siegel
Pickett, Lyle, Siegel, Drescher & Croshaw
101 North Lynnhaven Road
Virginia Beach, Virginia 23452

Whether the Florida Health Care Association Group Trust (the Trust) is an employee welfare benefit plan within the meaning of section 3(1) of title I of the of the Employee Retirement Income Security Act of 1974.

06/25/1984
414

Douglas O. Kant
Associate Counsel
John Hancock Place
P.O. Box 111
Boston, MA 02117

Whether certain equity interests in real properties acquired in 1982 by John Hancock Mutual Life Insurance Company (the Company) for both its general account and a separate account (holding assets of the Employee’s Retirement and Benefit Plan of Schenley Industries, Inc. for which the Company is a fiduciary) are “held pursuant to a binding contract in effect on July 1, 1974” under 414(c)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) because the interests were acquired in a foreclosure auction that resulted from defaults on pre-1974 mortgages.

06/25/1984
414

Douglas H. Balcombe
Akin, Gump, Strauss, Hauer & Feld
2800 Republic Bank Building
Dallas, Texas 75201

Whether the option prices contained in a 1966 amendment to a lease of property owned by the Profit-Sharing Plan for Employees of Southwestern Drug Corporation and Southwestern Drug Corporation may be considered in determining the fair market value of the Property under section 414(c)(3) of the Employee Retirement Income Security Act of 1974 and Labor Department regulation 29 CFR 2550.414c-3(b)(3).

06/18/1984
514

Mr. Juan Antonio Garcia
Commissioner of Insurance
P.O. Box 8330
San Juan, Puerto Rico 00910

Whether section 514 of title I of the Employee Retirement Income Security Act of 1974 (ERISA) preempts Puerto Rican laws H.B. 943 (No. 33), approved May 6, 1983, to add section 19.031 to Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico" and Act No. 113, approved June 2, 1976, to add a new chapter 19 to Act No. 77, with respect to collectively bargained employee benefit plans covered by title I of ERISA.

06/18/1984
3(2)

Mr. P. Garth Gartrell
Vorys, Sater, Seymour and Pease
Post Office Box 1008
Columbus, Ohio 43216

Whether two individual retirement programs to be implemented by Armco, Inc. and its affiliates constitute employee pension benefit plans within the meaning of section 3(2) of title I of the Employee Retirement Income Security Act of 1974.

06/14/1984
3(1)
3(5)
514(b)(6)

Mr. Daniel H. Mundt
Mundt and Hall
715 West Superior Street
Duluth, Minnesota 55802

Whether the Minnesota Timber Producers Association's Group Health Plan is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974 (ERISA).

05/23/1984
3(1)
3(4)
3(5)
514

Mr. Jon M. Masters
Attorney at Law
Suite 750, Citizens Tower
2200 Classen Blvd.
Oklahoma City, OK 73106

Whether the Central States Region Voluntary Employees' Beneficiary Association Trust (the Trust) and/or the Central States Region Voluntary Employees' Beneficiary Association Trust Medical Plan (the Medical Plan), both created January 1, 1984, are “employee welfare benefit plans” as defined by section 3(1) of the Employee Retirement Income Security Act of 1974.