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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**1980**
AO/ Date/ Reference	Recipient	Description of Request
1980-05A 01/25/1980 4(b)	Mr. H. Herbert Phillips Chairman, Employee Benefits Committee Northern Telecom Inc. International Plaza Nashville, Tennessee 37217	Whether the Business Travel Accident Insurance program (the Plan) of Northern Telecom, Ltd. which covers employees of Northern Telecom, Ltd., a Canadian corporation, and employees of its subsidiaries, including its United States subsidiary, Northern Telecom, Inc. is exempt from coverage under title I of ERISA by section 4(b)(4) because the majority of its employees are nonresident aliens of the United States.
1980-04A 01/25/1980 3(1) 3(2) 3(3) 3(4) 3(5) 3(7)	Mr. V. Grady O'Malley Special Attorney U.S. Department of Justice Room 635 Federal Building 970 Broad Street Newark, New Jersey 07102	Whether the Local 734 Pension Fund, Laborers’ International Union of North America (the Pension Fund) and the Local 734 Welfare Fund, Laborers' International Union of North America (the Welfare Fund) are covered under 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).
1980-03A 01/18/1980 514(a)	Mr. Michael C. Greenfield Asher, Goodstein, Pavalon, Gittler, Greenfield and Segall, Ltd. 228 North LaSalle Street Chicago, Illinois 60601	Whether the payment of pension benefits to a non-employee former spouse is an assignment or alienation of benefits prohibited by ERISA section 206(d)(1) or whether Illinois marital property laws relate to employee benefit plans within the meaning of ERISA section 514(a) and are therefore preempted.
1980-02A 01/16/1980 3(1) 3(4) 3(5) 514	Richard A. Block, Esq. Grayson, Gross, Friedman, Phillips, Rasch & Block, P.C. Suite 2121 10880 Wilshire Boulevard Los Angeles, California 90024	Whether the Michigan Association of Timbermen Employee Benefit Plan Trust (MAT Trust) does not provide insurance, and that Michigan state laws applicable to it are preempted by section 514 of ERISA.
1980-01A 01/02/1980 407	Kenneth Foster, Esquire Ice Miller Donadio and Ryan 111 Monument Circle Indianapolis, Indiana 46204	Whether the Baldwin & Lyons, Inc. Employees’ Pension Plan (the Plan) is required to divest of employer securities by December 31, 1979, under section 407(a) (4) of the Employee Retirement Income Security Act of 1974 (ERISA) and the regulations thereunder issued by the Department of Labor (the Department).