Advisory Opinions

Whether the appointment of Harvard as trustee of the Trusts, the performance by Harvard of the functions of trustee of the Trusts, and contributions by Harvard and THU under the terms of each plan to Harvard, as trustee of the Trusts do not constitute prohibited transactions within the meaning of section 406(a) or (b) of ERISA.

Whether the two plans sponsored by the Local No. 9 of the International Brotherhood of Electrical Workers (IBEW) qualify for the limited exemption for certain dues financed welfare plans maintained by employee organizations, provided by regulation 29 CFR §2520.104¬26 under the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the eleven plans identified in the request are covered by both title I of the Employee Retirement Income Security Act of 1974 (ERISA) and the predecessor law, the Welfare and Pension Plans Disclosure Act, as Amended (WPPDA).

Whether the Maryland Classified Employees Association Insurance Trust (the Trust) which is sponsored by the Maryland Classified Employees Association (MCEA), a state-wide organization which represents employees of the State of Maryland with regard to employment and working conditions is a governmental plan as defined in section 3(32) of ERISA.

Whether the Civil Employee Association Insurance Trust (the Trust) which is sponsored by the city of Baltimore would be a governmental plan as governmental plan as defined in section 3(32) of ERISA.

The request asks the Department to reconsider its advisory opinion of January 15, 1979 that holiday and vacation payments made to employees by the Pacific Maritime Association (PMA) pursuant to a collective bargaining agreement with the International Longshoremen's and Warehousemen's Unions (ILWU) constituted employee welfare benefit plans within the meaning of ERISA title I, and whether a pay guarantee plan, also the result of collective bargaining between PMA and ILWU and the subject of an information letter issued by the Department on January 18, 1979, should not be considered an employee welfare benefit plan within the meaning of ERISA title I.

Whether the sick pay plan; the hospital, surgical, and medical benefits plan; the annuity plan; and the pension plan established or maintained by the Hospital for its employees are “governmental plans” within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974 (ERISA) and, thus, are excluded from ERISA title I coverage by ERISA section 4(b)(1).

Whether the Miami Elevator Constructors Trust (the Trust) is an employee pension benefit plan within the meaning of section 3(2) of ERISA; whether, upon termination of the Trust, plan assets must be allocated pursuant to section 403(d)(1) of ERISA; and whether the Trust is subject to the vesting requirements set forth in part 2 of title I of ERISA.

Whether ERISA section 514 preempts that portion of section 250 of the New York State Savings Bank Law (section 250) which, in general, limits the pension that may be paid to a retired employee of a savings bank to the lesser of (1) two percent of such employee's average compensation over his final three years of service times his total years; or (2) 60 percent of his average compensation over his final three years of service.

Whether the death benefit plan (the Plan) sponsored by the Rochester Police Benevolent Association (the Association) is an employee welfare benefit plan within the meaning of section 3(1) of ERISA title I and, if so, whether it is a governmental plan within the meaning of section 3(32) of ERISA.