Advisory Opinions

Whether the Employee Assistance Program of El Paso Natural Gas Company and its subsidiary El Paso Hydrocarbons Company is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA as it provides benefits for the treatment of drug and alcohol abuse, stress, depression and similar health and medical problems to its participants.

Whether the [ ] Corporation Master Retirement Trust A and the [ ] Corporation Master Retirement Trust B (collectively, the Master Trusts) of [ ] Corporation, which provides investment-related services to the Master Trusts and the payment by the Master Trusts of the direct expenses of [ ] allocable to performing such services and which expenses include the reasonable compensation of employees of [ ], do not constitute prohibited transactions under section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) and section 4975 of the Internal Revenue Code of 1986.

Whether the transactions of certain “sweep services” provided by Manufacturers and Traders Trust Company to employee benefit plans, for which the Manufacturers and Traders Trust Company acts as custodian or directed trustee, would qualify for the statutory exemptions provided by sections 408(b)(2) and/or 408(b)(6) of ERISA.

Whether the Rosenberg Bank and Trust Group Life and Health Insurance Plan, providing medical benefits for the Rosenberg Bank and Trust employees and employees of certain of its subsidiaries under an insurance policy issued and underwritten by the Travelers Insurance Company constitutes an "employee welfare benefit plan", as defined in ERISA section 3(1), for purposes of title I of ERISA.

Whether the California Pharmaceutical Association Insurance Trust is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and whether the aforementioned Trust is a multiple employer welfare arrangement within the meaning of section 3(40) of title I of ERISA.

Whether the minutes of trustees’ meetings relating to the trustees’ review of an investment manager’s performance is required to be disclosed pursuant to section 104(b)(4) of ERISA.

Whether the Act 489 of the Acts of Arkansas General Assembly of 1987as it applies to employee benefit plans covered by title I of ERISA is preempted under section 514(a) of ERISA; and whether it qualifies for the exception established in section 514(b)(8) of ERISA.

Whether the Employees' 401(k) Salary Reduction Retirement Plan and Trust, formed pursuant to an Act of the Utah legislature and maintained by several school districts and public education agencies is a "governmental plan" as defined by section 3(32) of title I of ERISA.

Whether a voluntary deferred compensation plan for employees of El Centro Community Hospital d/b/a El Centro Regional Medical Center is a governmental plan within the meaning of section 3(32) of title I of ERISA and, thus, is excluded from coverage under title I of ERISA by section 4(b)(1).

Whether the exemptions to the prohibited transaction rules provided in Part V of Prohibited Transaction Exemption 75-1 (40 FR 50845, October 31, 1975) (PTE 75-1) and section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) apply to the extensions of credit by PaineWebber, Inc. to certain employee benefit plans as defined in section 3(3) of ERISA, plans qualified under section 401(a) of the Internal Revenue Code of 1986 which are not subject to Title I of ERISA, and individual retirement accounts described in section 408(a) of the Code