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 |
---|---|---|
06/09/1981
3(1) 3(4) 3(5) |
Mr. Richard D. Hillyer |
Whether several insurance programs of the American Association of Petroleum Landmen (AAPL) are covered by title I of ERISA. |
06/04/1981
3(21)(A) |
Curtis L. Roy, Esquire |
Whether an arbitrator would, under circumstances described below, be a fiduciary within the meaning of section 3(21)(A) of the Employee Retirement Income Security Act of 1974 (ERISA) and, if so, whether an agreement by an employer and/or union to indemnify the arbitrator, out of non-plan funds, against any potential fiduciary liability would violate section 410 of ERISA. |
05/28/1981
3(1) |
Mr. Robert Matisoff |
Whether National Mechanical Equipment Service and Maintenance Education and Training Trust Fund (the Trust) is an employee welfare benefit plan under section 3(1) of ERISA. |
05/28/1981
3(1) 3(3) |
C. P. Lambos, Esq. |
Whether the collectively bargained Job Security Program (the Program), administered by the JSP Agency, Inc. (JSPA), is not an employee benefit plan subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA). |
05/28/1981
3(1) 3(5) |
Mr. John D. Hintze |
Whether IBIS is bona fide group or association of employers, and if not, whether each member bank providing benefits for its employees through IBIS or IBBP would maintain a separate employee welfare benefit plan, and each such plan must comply with the reporting and disclosure requirement of Part 1 of ERISA that are applicable to it. |
05/27/1981
408(e) |
Mark A. Vogel, Esquire |
Whether the act of purchasing the stock from the Plan is not a prohibited transaction under section 406 of ERISA by virtue of section 408(e) of ERISA, and whether the act of entering into the agreement pursuant to which the Company will purchase the stock from the Plan is not a prohibited transaction under section 406 of ERISA. |
05/05/1981
3(21) 406(b)(2) |
Karen Hawley Henry, Esq. |
Whether an officer or member of the Board of Directors of Affiliated, who is also on the |
05/04/1981
514 |
Mr. Frederick C. Kneip |
Whether the Savings and Security Plan for Non-Secretarial Employees of the Young Women's Christian Association (the Savings Plan) is an employee benefit plan within the meaning of ERISA section 3(2) and 3(3) which is covered under section 4(a); and 2) if the Savings Plan is an employee benefit plan, whether ERISA section 514 preempts the provisions of section 200 of the New York Insurance Law (NYIL section 200) as the latter affects the Savings Plan. |
04/28/1981
103 104 |
Mr. Lawrence J. Hass |
Whether plans which participate in the Program may avail themselves of certain exemptions from the reporting and disclosure requirements set forth in regulations issued by the Department of Labor (the Department) under the Employee Retirement Income Security Act of 1974 (ERISA). |
04/06/1981
408(b)(4) |
Mr. R. Philip Steinberg |
Whether the early redemption of certificates of deposit by the Philadelphia Saving Fund Society (PSFS) as plan sponsor and trustee for The Philadelphia Saving Fund Society Incentive and Investment Plan (the Plan) would not constitute a prohibited transaction despite the fact that the Plan was required by regulations issued by the Federal Deposit Insurance Corporation (FDIC) to pay a penalty to PSFS for the premature redemption of these time deposits. |