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
1990-07A 04/06/1990 3(1) 3(5)	Mr. William T. Belcher Steptoe & Johnson P.O. Box 2190 Clarksburg, West Virginia 26302	Whether (a) the proposed Flat Top Coal Benefits Trust (the Trust), if established, will be an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA, (b) the Trust will be a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA, (c) any ERISA obligations will be applicable to the Trust; and (d) any ERISA obligations will apply to either the Flat Top Insurance Agency (the Agency) or the Flat Top National Bank of Bluefield (the Bank).
1990-06A 04/06/1990 3(40) 514	Ms. Sandra Milburn Investigator Texas State Board of Insurance 1110 San Jacinto Austin, Texas 78701-1998	Whether the Affiliated Food Stores, Inc. Group Benefit Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA, and whether the Trust is subject to state regulation at least to the extent provided in section 514(b)(6)(A), regardless of whether it is an employee benefit plan covered by title I of ERISA, because it is a MEWA within the meaning of section 3(40) of that title.
1990-05A 03/29/1990 406(a) 407	Mr. O. Victor Edlebrock Edelbrock Corporation 2700 California Street P.O. Box 2936 Torrance, California 90509-2936	Whether a contribution by an employer of real property to an employee stock ownership plan violates the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA).
1990-04A 03/28/1990 407(d)(3) 408(e)	Lawrence J. Eisenberg Laxalt, Washington, Perito and Dubuc 1120 Connecticut Avenue, NW Washington, DC 20036	Whether: (1) the acquisition or sale of G & O common stock by the Plan from or to parties in interest will not violate the provisions of sections 406 and 407 of ERISA by reason of section 408(e) of ERISA, and (2) an acquisition or sale of G & O common stock by the Plan that otherwise satisfies the requirements of section 408(e) will not constitute a prohibited transaction by reason of purchases and sales of G & O common stock by persons other than the Plan at the formula price described in the Stockholder’s Agreement.
1990-03A 02/13/1990 4(b)(3)	Ms. Jill Madison Staff Attorney Mercer-Meidinger-Hansen, Inc. P.O. Box 7440 San Francisco, California 94120	Whether the voluntary unemployment compensation disability plan (the Plan) of the Measurex Corporation, Measurex Systems, Inc., and Measurex Automation Systems, Inc., is excluded from coverage under title I of ERISA by section 4(b)(3) of ERISA.
1990-02A 02/09/1990 3(40) 514	Mr. L.J. Darter, III Georgia Insurance Commission Seventh Floor, West Tower Floyd Building 2 Martin Luther King, Jr., Drive Atlanta, Georgia 30334	Whether the Physicians and Hospitals Benefits Trust (PHBT) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and whether PHBT is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title, and whether PHBT is subject to state regulation at least to the extent provided in section 514(b)(6)(A), regardless of whether it is an employee benefit plan covered by title I of ERISA, because it is a MEWA within the meaning of section 13(40) of that title.
1990-01A 02/09/1990 3(1) 3(40) 514	Mr. Ralph J. Gillis Gillis and Campbell 160 Old Derby Street, Suite 227 Hingham, Massachusetts 02043	Whether the F/V Inshore Group Health Plan (the Plan) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and therefore must comply with that title, and the Plan is subject to state regulation at least to the extent provided in section 514(b)(6)(A) regardless of whether the Plan is an employee benefit plan covered by title I of ERISA.

**1989**
AO/ Date/ Reference	Recipient	Description of Request
1989-34A 12/22/1989 3(40) 514(b)(6)	Ms. Sandra Milburn Texas Board of Insurance 1110 San Jacinto Austin, TX 78701-1998	Whether the Indian River Association of Free Will Baptists, Inc. Employee Benefit Trust is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and therefore subject to state regulation to the extent provided in section 514(b)(6)(A) of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).
1989-33A 12/12/1989 3(40) 514(b)(6)	Mr. L.J. Darter, III Georgia Insurance Commission Seventh Floor, West Tower Floyd Building 2 Martin Luther King, Jr. Drive Atlanta, GA 30334	Whether the National Business Association Trust (NBAT) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of Title I of the Employee Retirement Income Security Act of 1974 (ERISA) and whether it is subject to state regulation at least to the extent provided in section 514(b)(6)(A)).
1989-32A 12/07/1989	Mr. Raymond B. Jue Deputy Attorney General State of California 3580 Wilshire Boulevard Los Angeles, CA 90010	Whether the Associated Benefits Trust (ABT) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of Title I of the Employee Retirement Income Security Act of 1974 (ERISA) and whether it is subject to state regulation at least to the extent provided in section 514(b)(6)(A).