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 |
---|---|---|
04/21/1982
104(b)(4) 404(a)(1)(D) |
Gerald S. Clay, Esq. |
Whether the Trustees of the Glass/Metal Association of Hawaii and Glaziers and Glassworkers Training, Vacation, Health and Welfare, and Pension Funds (the Trustees) are required under ERISA to provide minutes of the Trustees' meetings, the treasurer's reports, audited reports by Certified Public Accountants, and reports submitted to the State and Federal governments to "contributing employers who are not participants or beneficiary parties" in the Funds. |
04/15/1982
|
Mr. C.W. Crumpecker, Jr. |
Whether the proposed sale of employer stock between two plans (the Yellow Freight Profit-Sharing Trust and the Yellow Freight System, Inc. Employee Stock Ownership Trust) with the same plan sponsor is exempt from the prohibited transaction provisions of section 406 of ERISA and from the taxes imposed by section 4975 of the Code by reason of section 408(e) of ERISA. Whether the method of determining the purchase price of the common stock is permissible under section 408(e) of ERISA. |
03/26/1982
407(d)(3) |
R. F. Sharpe, Jr., Esq. |
Whether the R. J. Reynolds Industries, Inc. Individual Retirement Account Plan is a "savings plan" and, as amended, is an "eligible individual account plan" under section 407(d)(3) of ERISA. |
03/22/1982
3(2) |
Ms. Sheila E. Schlitter |
Whether an individual retirement account (IRA) payroll deduction program would be treated as an employee pension benefit plan under title I of ERISA solely because of a payment by the employer of an administrative fee to be charged by the IRA sponsor to offset the expenses of payroll deduction which are incurred by the IRA sponsor. |
03/10/1982
|
Ms. Char A. Short |
Whether Revenue Ruling 81-137 impacts the reporting and disclosure requirements under Part 1 of Title I of ERISA. |
03/08/1982
514 |
Mr. Don D. Carlson |
Whether the Minnesota State usury laws are preempted under section 514 of title I of ERISA. |
03/08/1982
4(b)(3) |
Mr. Douglas M. Case |
Whether a voluntary unemployment compensation disability plan of Taco Bell and Bell Food Services, Inc., administered according to applicable provisions of the California Unemployment Insurance Code (CUIC) is covered under ERISA. |
02/19/1982
104 |
Ms. Catherine L. Heron |
Whether the AFTRA Pension and Welfare Funds may distribute certain plan documents by third-class mail without a guarantee of return and forwarding postage. |
02/17/1982
3(2) |
Nina G. Gross, Esq. |
Whether a payroll deduction program for an Individual Retirement Account (IRA) will constitute an employee pension benefit plan for the purposes of title I of ERISA under certain circumstances. |
02/05/1982
|
Mr. Keith B. Betzina |
Whether Sutro & Co. Incorporated (Sutro) will be considered to be a "trustee or plan administrator" for purposes of Prohibited Transaction Class Exemption 79-1 (PTE 79-1) when it acts as custodian of custodial accounts established under a prototype plan for self-employed persons (the Keogh Plan) or a simplified employee pension (SEP). |