Advisory Opinions

Whether the American Fidelity Trust is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of Title I of ERISA and, therefore, subject to applicable state insurance regulations.

Addresses questions on the application of the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERISA) to the termination and proposed transfer of the excess funds of one employee welfare benefit plan to a related employee welfare benefit plan where both are jointly-administered, labor-management trust funds established under collective bargaining agreements pursuant to section 302(c) of the Labor Management Relations Act.

Addresses questions on the application of the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERISA) to the termination and transfer of excess funds of the Alaska Laborers-Employers Legal Services Fund to the Alaska Laborers & Construction Industry Health & Security Fund where both are jointly-administered, labor management trust funds established under collective bargaining agreements.

Whether the assets of a trust established by an employer to set aside a portion of its general assets as a potential source of premium payments for health insurance held by an ERISA plan would constitute assets of the plan.

The application of Prohibited Transaction Exemption 77-4 (PTE 77-4) regarding the Frank Russell Trust Company and its affiliates. Specifically, whether Frank Russell Investment Management Company’s waiver of the investment advisory fee, otherwise payable by the Plans to Frank Russell Group in connection with the investment of plan assets in the Funds, complies with the requirements of paragraph (c) of section II of PTE 77-4. Whether paragraphs (d), (e) and (f) of section II of PTE 77-4 require written disclosure and approval of fees paid to parties unrelated to Frank Russell Investment Management Company, or any affiliate, with respect to the investment of plan assets in the Funds. Whether PTE 77-4 provides relief for the purchase or sale of shares of the Funds subsequent to the approval by a Plan fiduciary, independent of and unrelated to Frank Russell Trust Company, of a program for the purchase or sale of shares in the Funds, without prior approval of each such purchase or sale by the independent Plan fiduciary.

Whether Prohibited Transaction Exemption 77-4 (PTE 77-4) applies to the proposed purchase and sale of shares of the PNC Serviced Funds by Plans for which PNC serves as fiduciary, without the waiver or credit of fees for Secondary Services paid to PNC Group by the PNC Group Serviced Funds.

Whether the Associated Builders and Contractors, Inc. of Michigan Employee Benefit Plan would be "fully insured" within the meaning of section 514(b)(6)(D) of ERISA if the Associated Builders and Contractors, Inc. of Michigan enters into a proposed contractual arrangement with First Security Health and Life Assurance Company with respect to payment of benefits under the Plan.

Whether a proposed group health program that would provide accident, medical, surgical and dental benefits to employees of the Coordination Council for North American Affairs resident in the United States, who would include Republic of China (Taiwan) nationals, United States nationals, and individuals maintaining both Republic of China and United States citizenship, would be an employee welfare benefit plan covered by Title I of ERISA.

Whether the Fleming Employees' Supplemental Disability Plan, established by a group of employees of Fleming Foods Companies, Inc. to provide disability benefits that would supplement disability benefits provided by Fleming to its employees through a disability insurance program, is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA.

Whether certain employee benefit plans for individuals whose employment is with the Georgia Baptist Medical Center, NewtonHouse Nursing Home, and Harvest Heights Nursing Home, which are collectively known as the Georgia Baptist Health Care System, constitute church plans within the meaning of section 3(33) of Title I of ERISA, and, accordingly, whether the plans may be excluded from the requirements of Title I of ERISA by section 4(b)(2).