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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**1982**
AO/ Date/ Reference	Recipient	Description of Request
1982-41A 08/12/1982 406(b)(1) 408(b)(8)	Wesley S. Williams, Jr., Esq. John M. Vine, Esq. John H. More, Esq. Covington & Burling P.O. Box 7566 Washington, D.C. 20044	Whether the prohibited transaction exemption contained in section 408(b)(8) of ERISA is available for fund-to-fund investments by pooled funds maintained by a bank. Whether the class exemption for bank collective investment funds (Prohibited Transaction Exemption 80-51) is available for certain transactions of a pooled fund in which another pooled fund has invested.
1982-40A 08/10/1982	Mr. Mike Cavanaugh Administrator Harrison Electrical Workers Trust Fund P.O. Box 12245 Portland, Oregon 97212	Whether section 107 of ERISA requires the Harrison Electrical Workers Trust Fund to maintain for six years the health and welfare claims submitted by participants in the Trust, as opposed to the "recaps" used to prepare the annual return/reports.
1982-39A 08/05/1982 403(a) 406(b) 408(b)(2)	Mr. Thomas W. Phillips Phillips, Wilson, Webster, Smith & Ripley Post Office Box 436 Oneida, Tennessee 37841	Whether the establishment of the investment committee by the Plan's Board of Trustees to perform investment services for the Plan would not contravene the fiduciary responsibility provisions of ERISA.
1982-38A 08/02/1982 4(b)	Mr. Walter E. Andrews, Jr. 1400 So. Joyce Street, Apt. A809 Arlington, Virginia 22202	Whether the Reuters Pension Fund, based in London, England, is excluded from coverage under section 4(b)(4) of ERISA.
1982-37A 07/30/1982 3(2)	Mr. Karl Clifford Smith, Baker, Field & Clifford, Inc. 2112 Indiana Lubbock, Texas 79410	Whether Prather Sheet Metal Works, Inc. and Readi-Co Mfg., Inc. established or maintained the Prather Sheet Metal Works, Inc. and Readi-Co Mfg., Inc. Defined Benefit Plan for purposes of ERISA title I.
1982-36A 07/28/1982 414	Mr. Michael I. Lew Coopers & Lybrand 222 South Riverside Plaza Chicago, Illinois 60606	Whether the proposed sale of the trademarks and stock of Empro Intangibles, Inc., wholly owned by the trustees of the plan and used only as a vehicle to hold the trademarks, is a transaction described in section 414(c)(3) of ERISA and, therefore, is exempt from the prohibited transaction provisions of sections 406 and 407 of ERISA and section 4975 of the Internal Revenue Code. Whether the procedure of engaging a law firm to value the assets and negotiate the transaction on behalf of the Plan is an acceptable method for determining the fair market value of the assets in question and for effecting the transaction.
1982-35A 07/26/1982 3(1) 3(2)	Mr. Peter J. Pestillo Vice President-Labor Relations Ford Motor Company The American Road Dearborn, Michigan 48121	Whether the Guaranteed Income Stream Benefit Program, part of the collective bargaining agreement between Ford Motor Company and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (the UAW), is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and not an employee pension benefit plan within the meaning of section 3(2) of title I of ERISA.
1982-34A 07/22/1982 3(4)	Bruce A. Bordine, Trustee Bordine's Better Blooms, Inc. 1835 S. Rochester Road Rochester, Michigan 48063	Whether the Bordine's Better Blooms Voluntary Employee Benefit Trust qualifies for the limited exemption under Department of Labor regulation 29 C.F.R §2520.104-20, regarding the filing of Forms 5500 for employee welfare benefit plans with fewer than 100 participants.
1982-33A 07/21/1982 104(b)(4)	Mr. Albert J. Yonke Yonke, Shackelford & Arnold, P.C. 1710 Traders Bank Building 1125 Grand Avenue Kansas City, Missouri 64106	Whether the Boards of Trustees of the Construction Industry Laborers Pension Fund and Construction Industry Laborers Welfare Fund or the plan administrator are not required by section 104(b)(4) of ERISA or 29 CFR §2520.102-3(t)(2) to make available, upon written request of a participant, past participant or beneficiary, copies of minutes of the regular and/or special meetings of the Boards of Trustees or the Committee meetings of said Boards.
1982-32A 07/20/1982 403(c )(1) 404(a)(1) 406(a) 406(b)(2)	Mr. Robert A. Georgine National Coordinating Committee for Multiemployer Plans Suite 603 815 Sixteenth Street, N.W. Washington, D.C. 20006	Whether the following acts or transactions are prohibited by section 406 of ERISA: Direct reporting by a multiemployer plan, or by an insurance company or other party making payments on behalf of the plan, to comply with section 6051(f) of the Code. Payment by a multiemployer plan, or by an insurance company or other party making payments on behalf of the plan, of the employer's portion of the FICA taxes on sick pay. Participation by the employer-appointed trustees in implementing either of the above. Payment by a multiemployer plan of the employee's portion of the FICA taxes on sick pay, through either the direct or the indirect method as described above.