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.

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**1982**
AO/ Date/ Reference	Recipient	Description of Request
1982-31A 07/14/1982 3(14) 3(14)(G) 3(21)(A) 401(b) 406(a) 406(b) 408(b)(2) 408(c )(2)	Mr. Brent R. Armstrong, Esquire Suitter, Axland & Armstrong Seventh Floor Clark Learning Office Center 175 South West Temple Salt Lake City, Utah 84101	Whether the formation and operation of Pension Equity Growth Trust, a pooled trust of the type described in Revenue Ruling 81-100 to provide qualified employee benefit plans with a vehicle for pooling a portion of their assets for investments in real estate, real estate loans and, to some extent, in government securities, raises prohibited transactions under ERISA.
1982-30A 07/07/1982 403	James D. Hutchinson, Esquire Steptoe & Johnson 1250 Connecticut Avenue Washington, D.C. 20036	Whether Analytic, a registered investment adviser and a fiduciary of the Fund, or any other person selected as investment manager for the Fund, would be considered an "investment manager," as defined in section 3(38) of ERISA, with respect to each employee benefit plan participating in the Fund. Whether a named fiduciary of a plan participating in the Fund would be considered to have delegated authority to the Fund's investment manager to manage, acquire, or dispose of plan assets in accordance with section 403(a)(2) of ERISA.
1982-29A 07/02/1982 3(1) 3(2)	Mr. Ralph O. Winger Cahill Gordon & Reindel Eighty Pine Street New York, New York 10005	Whether the Forest Oil Corporation and Forest Oil of Canada, Ltd. Division Overriding Royalty Bonus Plan is an employee benefit plan within the meaning of ERISA section 3(3) and thus is covered by ERISA title I.
1982-28A 06/21/1982	Mr. William D. Hyatt Special Assistant U.S. Attorney U.S. Department of Justice c/o Miami Strike Force 77 South East 5th Street, Suite 401 Miami, Florida 33131	Whether the Massachusetts Laborers Health and Welfare Fund, the Rhode Island Laborers Health and Welfare Heavy Construction Trust Fund, the Rhode Island Laborers Health and Welfare Fund, and the Broward County Carpenters Health and Welfare Fund (hereinafter referred to as the Plans) are covered by ERISA.
1982-27A 06/16/1982 3(2)	Mr. Garry P. Jerome Pepper, Hamilton & Scheetz 123 South Broad Street Philadelphia, Pennsylvania 19109	Whether the individual retirement account (IRA) payroll deduction program of the Consolidated Rail Corporation (Conrail) would constitute an employee pension benefit plan within the meaning of section 3(2) of ERISA.
1982-26A 06/09/1982 408(b)(2)	Mr. Larry R. Linhart Murphey, Young & Smith 250 East Broad Street Columbus, Ohio 43215	Whether the provision of trust services, including investment management, and brokerage services by the Ohio Company to employee benefit plans under contracts with the plan sponsors where all costs for the services will be paid directly by the plan sponsors is prohibited under ERISA.
1982-25A 06/08/1982 3(1) 3(4)	Mr. Kendrick King Assistant Prosecuting Attorney Prosecuting Attorney of McDowell County Post Office Drawer AE Welch, West Virginia 24801	Whether the Jacobs Fork Operation Burial Fund Association, a voluntary association of employees at a coal mine site in McDowell County, West Virginia that provides death benefits in the event of the death of a member or of certain dependents of a member, is covered by ERISA.
1982-24A 06/04/1982	Mary L. Burton, Assistant Vice President Tax Benefit Account Manager Home Federal Savings and Loan Association Post Office Box 2871 Tucson, Arizona 85702	Whether the offering by Home Federal Savings and Loan Association of its High Yield Plan as an investment alternative to individual retirement account plans and Keogh plans for which it serves as trustee would cause the plans to be disqualified under section 4975 of the Code.
1982-23A 05/21/1982 3(2) 403(c )(1) 404(a)(1) 514	Honorable Jose Enrique Arraras President, Treasury Committee House of Representatives Capitol San Juan, Puerto Rico 00901	Whether a bill amending the Puerto Rico income tax law by authorizing the establishment of Individual Retirement Accounts (IRAs) in Puerto Rico and establishing the conditions under which IRA contributions will be deductible under the Puerto Rican income tax law would be preempted by ERISA.
1982-22A 05/12/1982 3(21)(A) 406(b) 408(b)(2) 408(b)(8)	Mr. Ben E. Benjamin O'Melveny & Myers 1800 M Street, N.W. Washington, D.C. 20036	Whether the provision of investment management services by SPNB and/or its affiliates in connection with the maintenance of a common or collective trust fund violates the prohibited transaction provisions of ERISA? Whether it would be exempt from the prohibitions of section 406 of ERISA if the conditions of section 408(b)(8) are met?