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.

Data Dictionary

Start Date

Select Reference

**1981**
AO/ Date/ Reference	Recipient	Description of Request
1981-42A 04/06/1981 408(b)(4)	Mr. R. Philip Steinberg Drinker, Biddle & Reath 1100 Philadelphia National Bank Building Broad and Chestnut Streets Philadelphia, PA 19107	Whether the early redemption of certificates of deposit by the Philadelphia Saving Fund Society (PSFS) as plan sponsor and trustee for The Philadelphia Saving Fund Society Incentive and Investment Plan (the Plan) would not constitute a prohibited transaction despite the fact that the Plan was required by regulations issued by the Federal Deposit Insurance Corporation (FDIC) to pay a penalty to PSFS for the premature redemption of these time deposits.
1981-41A 04/06/1981 407	Garry P. Jerome, Esq. Pepper, Hamilton & Scheetz 123 South Broad Street Philadelphia, Pennsylvania 19109	Whether the Retirement Plan is also a single plan under section 407 of ERISA, and whether the provisions of section 407 of ERISA apply to the Retirement Plan as a whole and not on an employer-by-employer basis.
1981-40A 04/06/1981 3(1) 3(4)	Ms. Joan Comparet Corporations Counsel Department of Corporations State of California 600 S. Commonwealth Avenue Los Angeles, California 90005	Whether the Peoples Dental (PD) are not employee welfare benefit plans within the meaning of section 3(1) of ERISA.
1981-39A 04/06/1981 3(1) 3(2)	Mr. John Gaal Bond, Schoeneck & King One Lincoln Center Syracuse, New York 13202	Whether space-available passes and reduced-rate travel benefits (Travel Benefit Program) offered by Eastern to its retired employees constitute an employee benefit plan covered under the Employee Retirement Income Security Act of 1974 (ERISA).
1981-38A 03/31/1981 3(1) 3(4)	Mr. Mark S. Geschwer Counsellor at Law 442 Main Street Fort Lee, New Jersey 07024	Applicability of title I of the Employee Retirement Income Security Act of 1974 (ERISA) to the Garden State Dental Benefits Program, Inc. (Garden State).
1981-37A 03/31/1981 3(1) 3(2)	Mr. Ray W. Frederick Suite 1717 69 West Washington Street Chicago, Illinois 60602	Whether the Severance Pay Plan is an employee pension benefit plan, as defined under section 3(2) of ERISA, or an employee welfare benefit plan, as defined under section 3(1) of ERISA.
1981-36A 03/26/1981 3(1) 3(2)	Mr. Robert J. Freda Melrod, Redman & Gartlan Suite 1100 K 1801 K Street, N.W. Washington, D.C. 20006	Whether the Program is neither an "employee welfare benefit plan" as defined in ERISA section 3(1) nor an "employee pension benefit plan" as defined in ERISA section 3(2) and therefore is not subject to the requirements of title I of ERISA.
1981-35A 03/23/1981 3(2) 4(b)	Ms. Stana A. Grim Bliss & Laughlin Industries 122 West 22nd Street Oak Brook, Illinois 60521	Whether the reporting and disclosure requirements contained in part 1 of title I of ERISA apply to the Bliss & Laughlin Industries Incorporated Non-Contributory Pension Plan for Hourly Paid Employees at Buffalo, N.Y. Plant (the Buffalo Plan) and the Bliss & Laughlin Industries Incorporated Non-Contributory Pension Plan for Hourly Paid Employees at Mansfield, Mass. Plant (the Mansfield Plan).
1981-34A 03/23/1981	Reeves C. Westbrook, Esq. Covington & Burling 888 Sixteenth Street, N.W. Washington, D.C. 20006	Whether certain proposed transactions involving the Consumers United Group, Inc. Profit Sharing Plan (the Plan) are exempt from the prohibited transaction provisions of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) by virtue of section 408(e) of ERISA.
1981-33A 03/23/1981 408(e)	Mr. Hal N. Swenson Fabian and Clendenin Eighth Floor Continental Bank Building Salt Lake City, Utah 84101	Whether the Plan may acquire some of the preferred stock in payment of a debt owed by Heritage to the Plan and in exchange for Heritage common stock owned by the Plan under section 408(e) of ERISA.