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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**1990**
AO/ Date/ Reference	Recipient	Description of Request
1990-43A 11/21/1990	Mr. Robert A. Williams Florida Rural Legal Services, Inc. 110 South Second Street P.O. Box 1109 Immokalee, Florida 33934	Whether two programs operated by the West Indies Central Labor Organization (WICLO) for certain non-resident aliens of the United States who work in the United States under an H-2A program constitute employee benefit plans covered by title I of ERISA.
1990-42A 11/08/1990 3(40) 514(b)(6)	Mr. James N. Wood Texas State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998	Whether the Construction and Service Industry Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and, if so, whether the State of Texas may require the Trust to obtain a certificate of authority from the State, and whether the preemption provisions of title I of ERISA do not preclude state regulation of the Trust at least to the extent provided in section 514(b)(6)(A).
1990-41A 11/19/1990 3(40) 514(b)(6)	Mr. Zack Stamp Director of Insurance Illinois Department of Insurance 320 West Washington Springfield, Illinois 62767	Whether the Illinois Members & Clerks Trust (the Trust), also known as the IM&C Trust, is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and whether the Trust is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title.
1990-40A 11/19/1990 3(40) 514(b)(6)	Mr. Zack Stamp Director of Insurance Illinois Department of Insurance 320 West Washington Springfield, Illinois 62767	Whether the Members and Clerks Group Insurance Trust (the Trust), also known as the M&C Trust, is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and whether the Trust is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title.
1990-39A 10/31/1990 3(40) 514(b)	Mr. Michael J. Angelini New Jersey Department of Insurance 20 W. State Street Trenton, New Jersey 08625	Whether the Independent Distributors of America, Inc. Health Benefits Plan (the Plan) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and whether the Plan is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title, whether the preemption provisions of title I of ERISA do not preclude state regulation of the Plan at least to the extent provided in section 514(b)(6)(A).
1990-38A 10/31/1990 3(40) 514(b)	Mr. Michael J. Angelini New Jersey Department of Insurance 20 W. State Street Trenton, New Jersey 08625	Whether the United Health Care Benefits Trust (the Trust) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and whether the Trust is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title, and whether the preemption provisions of title I of ERISA do not preclude state regulation of the Trust at least to the extent provided in section 514(b)(6)(A).
1990-37A 10/25/1990 3(40) 514(b)	Mr. Morris L. Melloy Indiana Department of Insurance 311 W. Washington Street, Suite 300 Indianapolis, Indiana 46204-2787	Whether the Greater Lafayette Chamber of Commerce Medical Benefits Trust (the Trust) is subject to state regulation of the Trust at least to the extent provided in section 514(b)(6)(A).
1990-36A 10/25/1990 3(40) 514(b)	Mr. Clifford J. Hudson Texas State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998	Whether the Texas Panhandle Medical Group, Inc. (TPMG) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA. Whether any action by the State of Texas to enforce its requirement that TPMG obtain a certificate of authority to transact insurance business would be deemed inconsistent with ERISA section 514(b)(6)(A)(ii).
1990-35A 10/26/1990 3(40) 514(b)	Mr. Jim Mahon Senior Investigator Texas State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998	Whether the United Health Care Benefits Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA. Whether the Trust is an employee welfare benefit plan within the meaning of section 3(1) of that title and whether certain requirements of the Texas Insurance Code are preempted by with title I of ERISA.
1990-34A 10/25/1990 3(40) 514(b)	Mr. Michael J. Angelini Investigator New Jersey Department of Insurance 20 West State Trenton, New Jersey 08625-0325	Whether the New Jersey Licensed Beverage Association Employee Benefit Plan (the Plan) a/k/a the New Jersey Licensed Beverage Association Group Health Benefits Program is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and whether the Plan is subject to the applicable regulatory authority of the State of New Jersey or saved from such authority under the general preemption provision of section 514(a) of title I of ERISA.