Information Letters

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 information letters, which call attention to well established principles or interpretations.

1998
Date Recipient Description of Request
Information Letter
1998-08-14

Mr. Robert C. Gerald
18 Ward Avenue
Staten Island, New York 10304

Whether a TPA providing services to an ERISA-covered plan must hire its own accountant to examine its operations and render an opinion thereon.

Information Letter
1998-07-28

Mr. Gary E. Henderson
President, Qualified Plan Services, L.L.C.
1100 Chase Square
Rochester, New York 14604-1999

Whether the trustees of a multiemployer plan would violate the fiduciary provisions of ERISA if they used plan assets to purchase a package comprising compliance audits linked to a specific insurance product.

Information Letter
1998-02-19

Diana Orantes Ceresi
Associate General Counsel
SEIU, AFL-CIO, CLC
1313 L Street, N.W.
Washington, DC 20005

Whether it is appropriate for a trustee of an ERISA-covered health and welfare fund to consider quality in the selection of health care services.

1997
Date Recipient Description of Request
Information Letter
1997-12-01

Theodore Konshak
Negotiated Pension Plans, Ltd.
1107 Wilson Ave.
Green Bay, Wisconsin 54303-4206

Guidance regarding the payment of expenses by an employee pension benefit plan in connection with actuarial services required under section 103(a)(4)(A) of ERISA.

Information Letter
1997-07-11

Cary Hammond, Esq.
Diekemper, Hammond, Shinners, Turcotte and Larrew, P.C.
7730 Carondelet Avenue, Suite 200
St. Louis, Missouri 63105

Guidance regarding DOL's 03/13/97 Federal Register announcement in which we requested public comments on a proposed enforcement policy for annual reports of multiemployer welfare plans. Under the proposal, the department would not reject the annual report of a multiemployer welfare plan solely because the accountant's opinion accompanying the report was qualified or adverse due to a failure to account and report for postretirement benefit obligations in accordance with the AICPA Statement of Position 92-6. To allow the department enough time to consider public comments on the proposal, the announcement also provided that we will not reject 1996 and 1997 plan year annual reports due to such qualified or adverse accountant's opinions.