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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**1981**
AO/ Date/ Reference	Recipient	Description of Request
1981-51A 06/09/1981 3(1) 3(4) 3(5)	Mr. Richard D. Hillyer Galbraith & Green, Inc. 12400 North Freeway Suite 210 Houston, Texas 77060	Whether several insurance programs of the American Association of Petroleum Landmen (AAPL) are covered by title I of ERISA.
1981-50A 06/04/1981 3(21)(A)	Curtis L. Roy, Esquire Dorsey, Windhorst, Hannaford, Whitney and Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402	Whether an arbitrator would, under circumstances described below, be a fiduciary within the meaning of section 3(21)(A) of the Employee Retirement Income Security Act of 1974 (ERISA) and, if so, whether an agreement by an employer and/or union to indemnify the arbitrator, out of non-plan funds, against any potential fiduciary liability would violate section 410 of ERISA.
1981-49A 05/28/1981 3(1)	Mr. Robert Matisoff O'Donoghue & O'Donoghue 1912 Sunderland Place, N.W. Washington, D.C. 20036	Whether National Mechanical Equipment Service and Maintenance Education and Training Trust Fund (the Trust) is an employee welfare benefit plan under section 3(1) of ERISA.
1981-48A 05/28/1981 3(1) 3(3)	C. P. Lambos, Esq. Lorenz, Finn, Giardino & Lambos The Cunard Building 25 Broadway New York, New York10004	Whether the collectively bargained Job Security Program (the Program), administered by the JSP Agency, Inc. (JSPA), is not an employee benefit plan subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA).
1981-47A 05/28/1981 3(1) 3(5)	Mr. John D. Hintze Davis, Hockenberg, Wine, Brown & Koehn 2300 Financial Center 666 Walnut Street Des Moines, Iowa 50309	Whether IBIS is bona fide group or association of employers, and if not, whether each member bank providing benefits for its employees through IBIS or IBBP would maintain a separate employee welfare benefit plan, and each such plan must comply with the reporting and disclosure requirement of Part 1 of ERISA that are applicable to it.
1981-46A 05/27/1981 408(e)	Mark A. Vogel, Esquire Weil, Gotshal & Manges 767 Fifth Avenue New York, New York 10022	Whether the act of purchasing the stock from the Plan is not a prohibited transaction under section 406 of ERISA by virtue of section 408(e) of ERISA, and whether the act of entering into the agreement pursuant to which the Company will purchase the stock from the Plan is not a prohibited transaction under section 406 of ERISA.
1981-45A 05/05/1981 3(21) 406(b)(2)	Karen Hawley Henry, Esq. Littler, Mendelson, Fastiff & Tichy The Hartford Building, 20th Floor 650 California Street San Francisco, California 94108	Whether an officer or member of the Board of Directors of Affiliated, who is also on the Board of Directors of Blue Cross, is prohibited by section 406(b)(2) of ERISA from participating in Affiliated's selection of the funding media or claims administrator of the Plan; and whether an officer or member of the Board of Directors of Affiliated, who is also a member of the Board of Directors of Blue Cross, is prohibited by section 406(b)(2) of ERISA from participating in decisions of the Board of Directors of Blue Cross which directly or indirectly affect the Plan.
1981-44A 05/04/1981 514	Mr. Frederick C. Kneip Milbank, Tweed, Hadley & McCloy 1 Chase Manhattan Plaza New York, New York10005	Whether the Savings and Security Plan for Non-Secretarial Employees of the Young Women's Christian Association (the Savings Plan) is an employee benefit plan within the meaning of ERISA section 3(2) and 3(3) which is covered under section 4(a); and 2) if the Savings Plan is an employee benefit plan, whether ERISA section 514 preempts the provisions of section 200 of the New York Insurance Law (NYIL section 200) as the latter affects the Savings Plan.
1981-43A 04/28/1981 103 104	Mr. Lawrence J. Hass Groom and Nordberg Suite 450 1775 Pennsylvania Avenue, N.W. Washington, D.C. 20006	Whether plans which participate in the Program may avail themselves of certain exemptions from the reporting and disclosure requirements set forth in regulations issued by the Department of Labor (the Department) under the Employee Retirement Income Security Act of 1974 (ERISA).
1981-42A 04/06/1981 408(b)(4)	Mr. R. Philip Steinberg Drinker, Biddle & Reath 1100 Philadelphia National Bank Building Broad and Chestnut Streets Philadelphia, PA 19107	Whether the early redemption of certificates of deposit by the Philadelphia Saving Fund Society (PSFS) as plan sponsor and trustee for The Philadelphia Saving Fund Society Incentive and Investment Plan (the Plan) would not constitute a prohibited transaction despite the fact that the Plan was required by regulations issued by the Federal Deposit Insurance Corporation (FDIC) to pay a penalty to PSFS for the premature redemption of these time deposits.