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
1990-47A 12/04/1990	Mr. Joseph V. Demarte Lane Powell Moss & Miller 3800 Rainier Bank Tower Seattle, Washington 98101-2647	Whether the Court Order that was issued in a probate proceeding and would recognize an interest in pension benefits of the surviving spouse solely on the basis of the state community property law is considered a "domestic relations order" within the meaning of section 206(d)(3)(B)(ii) of ERISA and is enforceable against the Plan.
1990-46A 12/04/1990 206(d) 514	Ms. Ellen O. Pfaff Lane Powell Moss & Miller 3800 Rainier Bank Tower Seattle, Washington 98101-2647	Whether the Court Order that was issued in a probate proceeding and would recognize an interest in pension benefits of the surviving spouse solely on the basis of the state community property law is considered a "domestic relations order" within the meaning of section 206(d)(3)(B)(ii) of ERISA and is enforceable against the Plan.
1990-45A 12/04/1990	Mr. Bradley W. Hanson Hughes, Thoreen & Sullivan 110 South 6th Avenue Suite 200 P.O. Box 1187 St. Cloud, Minnesota 56302-1187	Whether the Plan constitutes a church plan within the meaning of section 3(33) of title I of ERISA and, accordingly, whether the plan is excluded from the requirements of title I of ERISA by section 4(b)(2) thereof.
1990-44A 11/21/1990	Ms. Ruel D. Norman Texas State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998	Whether the Agriculture Producers & Associates Employee Benefit 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.
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).