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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**1980**
AO/ Date/ Reference	Recipient	Description of Request
1980-54A 02/05/1980 514	John H. Kelly, Esq. Milbank, Tweed, Hadley & McCloy 1 Chase Manhattan Plaza New York, New York 10005	Whether Section 514 of ERISA preempts the provisions of Section 200 of the Insurance Law of the State of New York as the latter affects The Savings Bank Retirement System ("System").
1980-53A 09/05/1980 3(1)	Mr. S. Howard Kline Drinker Biddle & Reath 1100 Philadelphia National Bank Building Broad and Chestnut Streets Philadelphia, Pennsylvania 19107	Whether certain medical make-up payments made by ESB, Incorporated (the Company) as supplemental compensation pursuant to a collectively bargained agreement do not constitute an "employee welfare benefit plan" within the meaning of section 3(1) of ERISA.
1980-52A 09/03/1980 103(a)	Mr. Herbert J. McLaughlin Thiokol Corporation Newtown, Pennsylvania 18940	Whether the Thiokol Corporation Retirement Income Plan (the Plan) qualifies for the limited exemption from the annual reporting requirements of the Employee Retirement Income Security Act of 1974 (ERISA) provided in 29 CFR 2520.104-44. Whether the Plan is exempt pursuant to 2520.104-44 from the requirement in section 103(a)(3)(A) of ERISA to engage an independent qualified public accountant to conduct an examination of the financial statements and schedules of the Plan.
1980-51A 09/03/1980	Mr. Herbert J. McLaughlin Thiokol Corporation Newtown, Pennsylvania 18940	Whether the two Thiokol Corporation Retirement Income plans for-employees at the Louisiana Army Ammunition Plant (the Plans) qualify for the limited exemption from the annual reporting requirements of the Employee Retirement Income Security Act of 1974 (ERISA) provided in 29 CFR 2520.104-44. Specifically, whether the Plans are exempt, pursuant to 2520.104-44, from the requirement in section l03(a)(3)(A) of ERISA to engage an independent qualified public accountant to conduct an examination of the financial statements and schedules of the Plans.
1980-50A 08/29/1980 3(32) 4(b)(1)	Mr. Robert. R. Prince Secretary and Counsel Metropolitan Suburban Bus Authority 347 Madison Avenue New York, NY 10017	Whether the plan for the Metropolitan Suburban Bus Authority (MSBA) is a governmental plan within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974 (ERISA) and, therefore, exempt under section 4(b)(l) from title I of ERISA.
1980-49A 08/13/1980 4(b)	Mr. William C. Loud Loud, Watts & Murnan P.O. Box 1686 St. Thomas U.S. Virgin Islands 00801	Whether the Loud, Watts & Murnan Keogh Plan is covered by ERISA, since the plan sponsor, Loud, Watts & Murnan is located in the U.S. Virgin Islands (Virgin Islands) and whether they you are not required to file a Form 5500 with the Department of Labor.
1980-48A 08/12/1980 414	Mr. Russell D. Chapman Phillips Petroleum Company 1260 Adams Building Bartlesville, Oklahoma 74004	Whether the proposed sale of a 51 percent stock interest in the Powder River Corporation (Powder River) by the Retirement Income Plan for Phillips Petroleum Company and Subsidiary and Affiliated Companies (the Plan) to Phillips Petroleum Company (the Employer) is exempt from the restrictions of section 406 and 407(a) of the Employee Retirement Income Security Act of 1974 (ERISA) by reason of the transitional rules contained in section 414(c) of ERISA.
1980-47A 08/07/1980 514	Mr. Joel D. Baumgarten Plan Administrator Aristar Management, Inc. P.O. Box 343781 Coral Gables, Florida 33134	Whether a state law that merely provides for the approval of the retirement plans of domestic life insurance companies by a state agency responsible for insurance regulation is a law regulating insurance is not preempted by ERISA.
1980-46A 07/24/1980 407(d)(3) 407(d)(5) 408(e)	Mr. A. Carl Kaseman, III Pepper, Hamilton & Scheetz 1776 F Street, N.W. Washington, D.C. 20006 cc: John F. Fansmith, Jr., Esquire Consolidated Rail Corporation 1138 Six Penn Center Plaza Philadelphia, Pennsylvania 19104	Whether section 408(e) would exempt the contribution of the CEC preferred stock to the ESOP and the ultimate redemption of the CEC preferred stock (should the Financial Benchmarks be met) if the transactions are for adequate consideration and if no commissions are charged.
1980-45A 07/22/1980 3(1) 3(4) 3(5) 3(7)	Mr. Guy Blackwell Assistant U.S. Attorney 201 U.S. Post Office & Courthouse Greeneville, Tennessee 37743	Whether the Central States, Southeast and Southwest Areas Health and Welfare Fund (the Fund) is covered 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).