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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**2011**
AO/ Date/ Reference	Recipient	Description of Request
2011-01A 02/01/2011 3(40) 514(b)(6)	L. Wender Venable LLP 750 E. Pratt Street Suite 900 Baltimore, MD 21202	Whether the Custom Rail Employer Welfare Trust Fund, which is a "multiple employer welfare arrangement" within the meaning of ERISA section 3(40), is "fully insured" within the meaning of ERISA section 514(b)(6).

**2010**
AO/ Date/ Reference	Recipient	Description of Request
2010-01A 03/04/2010 2520.104-44	Steven R. Kronheim Vice President and Associate General Counsel TIAA-CREF 730 Third Avenue New York, NY 10017-3206	Whether the TIAA "Traditional Annuity" is a fully allocated contract for annual reporting purposes within the meaning of 29 C.F.R. § 2520.104-44(b)(2) and the Form 5500 Instructions.

**2009**
AO/ Date/ Reference	Recipient	Description of Request
2009-04A 12/04/2009 3(21) 401(b)(1)	Marcia S. Wagner The Wagner Law Group 99 Summer Street, 13th Floor Boston, MA 02110	Whether target-date or lifecycle mutual funds constitute "plan assets" of investing employee benefit plans or whether the investment advisers to such mutual funds are fiduciaries to the investing plans under ERISA.
2009-03A 10/27/2009 4975( c)(1)	Mr. Timothy Berry 1812 E. Toledo Gilbert, AZ 85295	Whether an IRA owner's granting to a broker of a security interest in assets held in his non-IRA accounts to cover potential indebtedness of an IRA established with the broker would result in prohibited transactions under Code section 4975.
2009-02A 09/28/2009 4975( c)(1)	Seymour Goldberg, Esq. Goldberg & Goldberg, P.C. 20 Crossways Park North, Suite #412 Woodbury, New York 11797	Whether an estate plan would give rise to a prohibited transaction under Code section 4975 if it is designed to use permissible minimum distributions from an IRA to fund a Trust, which is not a plan subject to fiduciary obligations under Title I of ERISA or the Code but is a disqualified person with respect to the IRA under Code section 4975, and where the beneficiary of the Trust is the IRA owner's grandson and Trustee of the Trust is the IRA owner's son who is entitled under applicable state law to receive statutory trustee commissions from the Trust.
2009-01A 01/13/2009 406(b)(3) 408(b)(4)	Donald J. Myers, Esq. Reed Smith LLP 1301 K Street, N.W. Suite 1100 - East Tower Washington, DC 20005-3373	Whether a trust company's use of deposit accounts of its banking affiliate for investment of cash of certain bank collective investment funds would violate section 406(b)(3) of ERISA.

**2008**
AO/ Date/ Reference	Recipient	Description of Request
2008-08A 12/19/2008 104	Bruce J. McNeil, Esq. Leonard, Street and Deinard 150 South Fifth Street Suite 2300 Minneapolis, Minnesota 55402	Whether, in the case of a plan covering a "controlled group of corporations" or a "group of trades or businesses under common control" within the meaning of section 414(b) and (c) of the Internal Revenue Code (Code), filing a single registration statement for the plan will satisfy the alternative method of compliance in 29 C.F.R. _ 2520.104-23 for the participating employers.
2008-07A 09/26/2008 3(40) 514(b)(6)(A)	Tim Casey Executive Director Bend Chamber of Commerce 777 NW Wall Street, Suite 200 Bend, Oregon 97701	Whether a proposed arrangement offered by the Chamber of Commerce in Bend, Oregon would be a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of ERISA, and whether such an arrangement would itself be an employee welfare benefit plan within the meaning of section 3(1) of ERISA.
2008-06A 07/10/2008 403(d)(2) 406	Joanne K. Moak Wine and Spirits Wholesalers of America, Inc. 805 15th Street, NW, Suite 430 Washington, DC 20005	Whether, after all outstanding claims for benefits have been satisfied, the Trust may be amended to permit its surplus assets to be transferred, in accordance with the terms of the trust document, to a charitable organization that is not a party in interest.
2008-05A 06/27/2008 404(a)	David Chavern Executive Vice President and COO US Chamber of Commerce 1615 H Street, NW Washington, DC 20062-2000	This letter addresses the prudence and exclusive purpose requirements of ERISA as they relate to the expenditure of plan assets on organizing and collective bargaining-related activities.