Advisory Opinions

Whether the summary plan description (SPD) required under section 102 of ERISA must contain vesting provisions which have been adopted, but which will not take effect unless the plan becomes top-heavy.

Whether the VMS Employees' Investment Incentive Plan (the Plan) which provides for a current transfer of income and the reporting thereof for tax purposes by the employees making an election under §83(b) of the Code, and therefore does not provide for a deferral of income. is as "employee benefit plan" within the coverage of title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the arrangement between the Sioux City Community School District of Sioux City, Iowa, and the Wisconsin Education Association Insurance Trust (WEA Insurance Trust) the WEA Insurance Trust program of benefits for employees of school districts is not established and is not maintained by an employee organization within the meaning of section 3(4) of title I of ERISA with respect to those employees. This opinion revokes Opinion 83-36A (issued July 5, 1983) regarding the status of the WEA Insurance Trust under title I of ERISA.

Whether the arrangement by the Wisconsin Education Association Insurance Trust (WEA Insurance Trust) to provide group health benefits to the employees of the Sioux City Community School District of Sioux City, Iowa (the School District) is established or maintained by an employees' beneficiary association within the meaning of section 3(4) of ERISA and whether the insurance laws of the State of Iowa are preempted by section 514(a) of title I of ERISA.

Whether entities that are recipients of “church plan” letters from IRS constitute one or more church plans within the meaning of section 3(33) of title I of ERISA.

Whether the Group Insurance Trust Funds constitute multiple employer welfare arrangements (MEWAs) within the meaning of section 3(40) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and, if so, whether such MEWAs are fully insured within the meaning of section 514(b)(6)(A)(i) of title I of ERISA and therefore state insurance laws would not apply except to the extent permitted under section 514(b)(6)(A)(i) of ERISA.

Whether the First Federal Savings and Loan Association Stock Purchase Plan and Trust Agreement is an employee benefit plan within the meaning of section 3(1) of the Employee Retirement Income Security Act of 1974 (ERISA) or an employee pension benefit plan within the meaning of section 3(2) of ERISA.

Whether under the reporting requirements of section 103(a)(3)(A) of the Employee Retirement Income Security Act of 1974 (ERISA) the Department would view a "no opinion" audit by the independent qualified public accountant as the equivalent of no audit of the accountant could not perform enough audit procedures to render an opinion, because several plans he audited did not prepare their financial statements according to generally accepted accounting principles (GAAP) and other plans want the accountant to limit the scope of the accountant's examination by excluding the audit of participant data.

Whether the election by Diagnostic Pathology, P.A.(the Employer) to become a small business corporation would cause loans from the Diagnostic Pathology, P.A. Employees' Pension and Profit-Sharing Plans to each of the two doctors who own 50% of the outstanding shares of the employee, which were made in accordance with the provisions of section 408(b)(1) of the Employee Retirement Income Security Act of 1974 (ERISA) and section 4975(d)(1) of the Internal Revenue Code (the Code) to become to become prohibited transactions under section 406 of ERISA and 4975(c) of the Code by virtue of section 408(d) of ERISA and the last paragraph of 4975(d) of the Code.

Whether the Nevada Resort Association Health and Welfare Trust (the Trust) is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974, and subject to the requirements of that title.