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

1982
AO/ Date/ Reference Recipient Description of Request
01/05/1982
404(a)(1)(D)

Harry Huge, Esq.
Rogovin, Huge & Lenzner
1730 Rhode Island Avenue, N.W.
Washington, D.C. 20036

Whether the trustees’ interpretation of the SASMI Plan’s documents should stand.

1981
AO/ Date/ Reference Recipient Description of Request
03/25/1981
406(b)
408(b)(2)

Mr. Howard J. Moore
Fulbright & Jaworski
800 Bank of the Southwest Building
Houston, TX 77002

Whether the receipt of brokerage commissions by VanCaspel & Co., Incorporated (VanCaspel), the Plan sponsor, resulting from mutual fund investments made by the Plan would violate section 406 of ERISA.

12/24/1981
3(2)
3(33)
407(d)(3)

George J. Pantos, Esquire
Vedder, Price, Kaufman, Kammholz & Day
1919 Pennsylvania Avenue, N.W.
Washington, D.C. 20006

Whether a Plan would be a "savings plan" and, as such, would be an "eligible individual account plan" under section 407(d)(3) of the Employee Retirement Income Security Act of 1974 (ERISA).

07/09/1981
3(3)

David Margolis
Chief, Organized Crime and Racketeering Section
Criminal Division
Department of Justice
Washington, D.C. 20530

Whether  the plan is not covered by ERISA because it is a "plan without employees" 
described in 29 CFR §2510.3-3(c).

12/22/1981
3(1)

Mr. D.H. Biaett
Vice President and Counsel
Crum & Forster Corporation
305 Madison Avenue
Morristown, New Jersey 07960

Whether the Corporation's program of salary continuation constitutes a mere payroll practice within the meaning of 29 C.F.R. S2510.31(b)(2) rather than an employee welfare benefit plan described in ERISA section 3(1) and, thus, is excluded from ERISA title I coverage.

11/13/1981
3(1)
3(4)
3(5)
3(7)
4(b)

Martha P. Rogers
Special Assistant U.S. Attorney
U.S. Department of Justice
Criminal Division
77 South East 5th Street
Suite 401
Miami, Florida 33131

Opinion concerning the coverage of six employee benefit plans under both Title I of the Employee Retirement Income Security Act of 1974 (ERISA) and the predecessor law, the Welfare and Pension Plans Disclosure Act, as Amended (WPPDA).

12/14/1981
3(32)
4(b)(1)

Mr. David K. Replogle
Sheeks, Oswald & Bassing
1010 B Street
San Rafael, California 94901

Whether two programs of the Association of California Hospital Districts (ACHD) are covered by ERISA title I and whether ACHD is a fiduciary under the provisions of title I of ERISA.

12/09/1981
3(1)
3(5)

Mr. Vic Turvey
Financial Analyst
State of Illinois
Department of Insurance
Springfield, Illinois 62767

Whether the program of health and life insurance benefits offered by the Illinois Health Care Association (IHCA Health Program) is an employee benefit plan subject to the coverage of ERISA.

11/30/1981
3(14)
408(b)(2)
408(c )(2)

Lawrence J. Hass
Attorney for the __________ Pension Trust Fund
Groom and Nordberg
Suite 450
1775 Pennsylvania Avenue N.W.
Washington, D.C. 20006

Whether certain payments by the __________ Pension Trust Fund (the Fund) to Mr. __________, former Executive Director of the Fund are prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA).

11/23/1981
3(32)

Mr. Richard A. Hemmings
National Association of Insurance Commissioners
Suite 1015
633 W. Wisconsin Avenue
Milwaukee, Wisconsin 53203

Whether a retirement plan and trust for employees of the National Association of Insurance Commissioners (NAIC) is a governmental plan within the meaning of ERISA.