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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**2011**
AO/ Date/ Reference	Recipient	Description of Request
2011-10A 12/16/2011 406	Mr. Bruce Cooper Pitta & Giblin, LLP 120 Broadway, 28th Floor New York, New York 10271	Whether certain cash contributions to a pension plan by the Cement and Concrete Workers District Council Labor Management Cooperation Trust would result in prohibited transactions under section 406 of ERISA and section 4975 of the Code.
2011-09A 10/20/2011 PTE 80-26	Mr. Timothy Berry 1812 E. Toledo Gilbert, AZ 85295	Whether PTE 80-26 provides relief for an indemnification agreement between an IRA owner and a broker where such agreement is required in order for the IRA to engage in futures trading.
2011-08A 06/21/2011 PTE 86-128	Melanie Franco Nussdorf, Esq. Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036	Whether PTE 86-128 provides relief for covered transactions engaged in by any person who is a fiduciary solely by reason of rendering investment advice to the plan.
2011-07A 04/25/2011 PTE 84-14	Melanie Franco Nussdorf, Esq. Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036	Whether Section I(a) of PTE 84-14, as amended (QPAM), is satisfied in the context of a stable value program where a stable value manager is responsible for negotiating stable value wrap contracts with various banks or insurance companies.
2011-06A 02/04/2011 406(b) PTE 84-14	Kathleen Ziga, Esq. Dechert LLP 2929 Arch Street, Cira Centre Philadelphia, PA 19104-2808 Susan M. Camillo, Esq. Dechert LLP 200 Clarendon Street, 27th Floor Boston, MA 02116-5021	Whether ERISA section 406(b) violations occur if an investment manager for various pension plans executes securities transactions with certain brokerage firms that have a remote relationship to the investment manager through their corporate parent, and related issues concerning the applicability of PTE 84-14, as amended (QPAM).
2011-05A 02/03/2011 403 404	James Dudley Hyde, Esq. McAfee & Taft 211 North Robinson Oklahoma City, Oklahoma 73102-7103	Whether a welfare benefit plan may provide wellness benefits to current plan participants by using demutualization proceeds attributable to premium payments made by former participants for an insurance contract that gave rise to the plan's receipt of the proceeds.
2011-04A 02/03/2011 4975 ( c)(1)	William A. Adams, Esq. Norton, Moore & Adams, LLP 525 B Street, Suite 1500 San Diego, CA 92101	Whether a prohibited transaction under Code section 4975(c)(1) occurs if an individual causes his IRA to acquire a promissory note from a third-party bank where he and his wife are obligors on the note.
2011-03A 02/02/2011 206(d)(3)	Stephen B. Waller Miller Stratvert Law Offices 500 Marquette N.W., Suite 1100 Albuquerque, NM 87102	Whether a domestic relations order issued under tribal law by a Family Court of the Navajo Nation would be a "judgment, decree, or order…made pursuant to State domestic relations law," for purposes of the QDRO provisions in ERISA section 206(d)(3). The SECURE 2.0 Act of 2022 (SECURE Act 2.0) amended ERISA to provide that a domestic relations order made pursuant to Tribal domestic relations law is eligible to be considered for qualification under the QDRO provisions in ERISA section 206(d)(3) and Internal Revenue Code section 401(a)(13). The SECURE Act 2.0 amendments apply to domestic relations orders received by plan administrators after December 31, 2022, including any such order which is submitted for reconsideration after such date. Advisory Opinion 2011-03A addressed the relevant statutory provisions before the SECURE Act 2.0 amendments, and accordingly, it is out of date and should not be relied on as stating the Department’s view of the law with respect to domestic relations orders received by plan administrators after December 31, 2022.
2011-02A 02/04/2011 3(40) 514(a) 514(b)(6)	Philip M. Payne, Esq. Assistant General Counsel Division of Legal Services Florida Department of Financial Services 200 E. Gaines Street Tallahassee, FL 32399-0333	Whether the Depawix Health Resources, Inc. employee welfare benefit plan and the Green Cross Managed Health System health benefits program are multiple employer welfare arrangements within the meaning of ERISA section 3(40), and whether ERISA section 514(a) precludes the State of Florida from applying its insurance laws and regulations to those entities and programs, or to any persons who sell or market them in Florida.
2011-01A 02/01/2011 3(40) 514(b)(6)	L. Wender Venable LLP 750 E. Pratt Street Suite 900 Baltimore, MD 21202	Whether the Custom Rail Employer Welfare Trust Fund, which is a "multiple employer welfare arrangement" within the meaning of ERISA section 3(40), is "fully insured" within the meaning of ERISA section 514(b)(6).