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

1981
AO/ Date/ Reference Recipient Description of Request
11/23/1981
103(a)(3)

Mr. Myron A. Methvin
Hunt Oil Company
2900 First National Bank Building
Dallas, Texas 75202

Whether the Fidelity Thrift Plan (the Plan) established by the Hunt Oil Company must engage an independent qualified public accountant to conduct an examination of the financial statements and schedules of the Plan pursuant to the Employee Retirement Income Security Act of 1974 (ERISA).

12/18/1981
3(2)

Mr. William M. Tartikoff
Assistant Counsel
Investment Company Institute
1775 K Street, N.W.
Washington, D.C. 20006

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.

11/04/1981
3(32)

Mr. Roger R. Kemppel
Kemppel, Huffman & Ginder
255 E. Fireweed Lane, Suite 200
Anchorage, Alaska 99503

Whether the Plan is exempt from the provisions of ERISA by virtue of its being a "governmental plan" within the meaning of ERISA section 3(32).

10/29/1981
3(14)

Mr. Bruce Alan Miller
Legal Division
W.R. Grace & Co.
Grace Plaza
1114 Avenue of the Americas
New York, N.Y. 10036

Whether W.R. Grace & Co. (Grace) or a subsidiary thereof is a party in interest with respect to the Profit Sharing Plan of Contractors Service & Rentals, Inc. (the Plan).

10/14/1981
3(1)

Mr. Andrew R. Hricko
Insurance Institute for Highway Safety
Watergate Six Hundred
Washington, D.C. 20037

Whether automatic travel insurance available from the American Express Company without charge when using its travel card to pay for business travel would constitute an "employee welfare benefit plan" within the meaning of section 3(1) of ERISA; and, whether personal accident insurance acquired by and at the discretion of employees when renting an automobile for employer business purposes, and paid for by the employer, would constitute an "employee welfare benefit plan" within the meaning of section 3(1) of ERISA.

10/14/1981
3(1)
3(5)

Mr. R. B. Ashworth
Deputy Commissioner
State Board of Insurance
1110 San Jacinto
Austin, Texas 78786

Whether the Trust was an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).

10/06/1981
3(2)

Mr. Richard J. Gillingham
Associate Counsel
Office of the General Counsel
Western Union Telegraph Company
One Lake Street
Upper Saddle River, New Jersey 07458

Whether the Western Union Telegraph Company-Communication Workers of America, AFLCIO, Severance Pay Agreement (SPA) is a pension plan, a welfare plan, or neither.

09/29/1981
3(2)

Mr. J. Gerald Martin
Fulbright & Jaworski
Bank of the Southwest Building
Houston, Texas 77002

Whether the Plan is an employee benefit plan within the meaning of ERISA section 3(3), as further defined by ERISA sections 3(1) and 3(2), and thus is covered by ERISA title I.

09/24/1981
3(1)
3(5)

Mr. Bruce M. Hollowick
Suite 404
Champion Forest Regency Plaza
13231 Champion Forest Drive
Houston, Texas 77069

Whether the Merchants Discount Service Association Trust (the MDSA Trust) is an employee benefit plan within the meaning of ERISA section 3(3).

09/16/1981
404(a)(1)
406(b)(3)
408(b)(4)

Mr. Edward K. Mosenthal
Berle & Berle
122 East 42nd St.
New York, N.Y. 10168

Whether the early redemption of time deposits by Savings Bank Trust Company (SBT) as trustee of certain employee benefit plans would be a violation of section 406(b)(3) of ERISA.