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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**1985**
AO/ Date/ Reference	Recipient	Description of Request
1985-16A 04/04/1985 406(b)(1) 408(b)(2)	Mr. David J. Dorne Seltzer, Caplan, Wilkins & McMahon 3003-3043 Fourth Avenue Post Office Box X 33999 San Diego, CA 92103	Whether the use by the Bank of its in-house discount brokerage for plans it serves as trustee would not constitute a violation of section 406(b)(1) of ERISA if the authorization to use such services was made in advance by an account manager or based on a standing instruction.
1985-15A 04/04/1985 406(b)(1) 408(b)(2)	Mr. David J. Dorne Seltzer, Caplan, Wilkins & McMahon 3003-3043 Fourth Avenue Post Office Box X 33999 San Diego, CA 92103	Whether the use by the Bank of its in-house discount brokerage for plans it serves as trustee would not constitute a violation of section 406(b)(1) of ERISA if the authorization to use such services was made in advance by an account manager or based on a standing instruction.
1985-14A 03/26/1985 3(33) 4(b)(2)	Mr. W. Russell Hamilton, III Muller, Mintz, Kornreich, Caldwell Casey, Crosland & Bramnick, P.A. Suite 1800, One Biscayne Tower Two South Biscayne Boulevard Miami, Florida 33131	Whether the Retirement Plan for Employees of Holy Cross Hospital (the Retirement Plan) would be a church plan within the meaning of section 3(33) of title I of ERISA and therefore exempt from coverage under that title pursuant to section 4(b)(2) of ERISA.
1985-13A 03/26/1985 3(32) 4(b)(1)	Mr. Z. B. Hill Finance Director City of Raleigh P.O. Box 590 Raleigh, North Carolina 27602	Whether the Medical Benefit Trust (the Trust) established by the City of Raleigh, North Carolina, to implement its Medical Benefits Plan (the Plan) for its employees would be considered a governmental plan described in section 4(b)(1) of title I of ERISA and not subject to the reporting and disclosure requirements and other requirements of title I of ERISA.
1985-12A 03/08/1985 103(a)(3)	Mr. Thomas D. Wilcox Executive Director and General Counsel National Association of Stevedores 2011 Eye Street, N.W. Suite 601 Washington, D.C. 20006	Whether the financial statements of the Plan as a whole remain subject to the audit requirements prescribed in section 103(a)(3)(A) of ERISA and regulation §2520.103-1.
1985-11A 03/08/1985 3(1) 3(5) 3(7)	Mr. John E. Kratz, Jr. Attorney at Law Piper & Marbury 1100 Charles Center South 36 South Charles Street Baltimore, Maryland 21201	Whether the First Maryland Bancorp Health Benefit Plan (the Plan) is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).
1985-10A 03/04/1985 3(32) 4(b)(1)	Mr. Stephen W. Burke Clark & Stant, P.C. 900 First & Merchants Bank Building One Columbus Center Virginia Beach, Virginia 23462	Whether the Transit Employees of Tidewater Disability and Retirement Allowance Plan (the Tidewater Plan) is a governmental plan as defined in section 3(32) of ERISA and is thereby excluded by section 4(b)(1) of ERISA from coverage by title I.
1985-09A 03/04/1985 3(1) 3(5) 3(7)	Mr. John E. Kratz, Jr. Attorney at Law Piper & Marbury 1100 Charles Center South 36 South Charles Street Baltimore, Maryland 21201	Whether the Landmark Financial Services Inc. Group Life, Disability, and Health Plan (the Plan) is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).
1985-08A 03/04/1985 3(1) 3(5) 3(7)	Mr. John E. Kratz, Jr. Attorney at Law Piper & Marbury 1100 Charles Center South 36 South Charles Street Baltimore, Maryland 21201	Whether the Meridian Inc. Employee Benefit Plan (the Plan) which provides provides group medical, dental, and life insurance benefits is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).
1985-07A 02/22/1985 3(2) 3(5) 514	Mr. Joseph R. Simone Patterson, Belknap, Webb & Tyler 30 Rockefeller Plaza New York, New York10112	Whether the Cultural Institutions Pension Plan (the Plan) is covered by title I of ERISA and that the provisions of section 200 of the New York Insurance Law (NY Section 200) are preempted with respect to the Plan.