|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2008-05A
06/27/08
ERISA § 404(a)
|
David Chavern
US Chamber of Commerce
|
This letter addresses the prudence and exclusive purpose requirements of ERISA as they relate to the expenditure of plan assets on organizing and collective bargaining-related activities.
|
|
2008-04A
04/10/08
ERISA § 404(b)
|
Michael Lawson
Skadden, Arps, Slate, Meagher & Flom LLP
|
Whether proposed arrangements by a U.S. bank for maintaining the indicia of ownership of "plan assets" held by foreign pooled investment funds would be in compliance with the requirements of ERISA section 404(b).
|
|
2008-03A
03/21/08
ERISA § 514
and 609(b)(3)
|
Ginni Hain
Centers for Medicare & Medicaid Services
|
Whether ERISA would preempt an action by a State Medicaid Agency to recover Medicaid benefit payments made on behalf of individuals who are also participants in ERISA-covered private health insurance plans that require prior authorization for covered health care items or services.
|
|
2008-02A
02/08/08
ERISA § 514(a)
|
Eugene Scalia
Gibson, Dunn & Crutcher LLP
|
Whether section 514(a) of ERISA preempts a Kentucky state law that requires an employer to obtain written consent before withholding amounts from an employee's wages for contribution to an ERISA-covered group health or other welfare benefit plan.
|
|
2008-01A
01/18/08
|
Stephen Saxon
Richard Matta
Groom Law Group
|
Whether the definition of Affiliate in the Underwriter Exemptions includes an entity that is an affiliate of an Affiliate of a member of the Restricted Group as those terms are defined in the Underwriter Exemptions.
|
|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2007-07A
12/21/2007
ERISA § 404(a)(1)
29 CFR 2509.94-2
|
Thomas Donohue
US Chamber of Commerce
|
This letter addresses the impermissible
use of pension plan assets to further public policy and
political activities through proxy resolutions that have
no connection to enhancing the value of a plan’s
investment in a company, further clarifying the
application of Interpretive Bulletin 94-2 (29 CFR §
2509.94-2).
|
|
2007-06A
08/16/2007
ERISA § 3(40)
and 514(b)(6)(A)
|
Edward Wender
Venable LLP
|
Whether the Custom Rail Employer
Welfare Trust Fund is an “employee welfare benefit plan”
within the meaning of section 3(1) of ERISA, and whether
it is a “multiple employer welfare arrangement” (MEWA),
within the meaning of section 3(40), that is “fully
insured” within the meaning of section 514(b)(6)(A) of
ERISA.
|
|
2007-05A
08/15/2007
ERISA § 3(40)
and 514(b)(6)
|
Catherine Cortez Masto
Nevada Dept of Justice
|
Whether an employee benefit arrangement sponsored by Payroll Solutions Group Limited constitutes a "multiple employer welfare arrangement" within the meaning of section 3(40) of ERISA subject to regulation under the insurance laws of the State of Nevada pursuant to section 514(b)(6) of ERISA.
|
|
2007-04A
07/18/2007
ERISA § 406
|
J. Jerome Coogan
Coogan, Smith, McGahan, Lorincz, Jacobi & Shanley, LLP
|
Whether reimbursements of certain monies by a training plan to local unions that are parties in interest to such plan would be a prohibited transaction under ERISA section 406.
|
|
2007-03A
06/08/2007
ERISA § 408(b)(8)
|
John Cleary
Goodwin Procter LLC
|
Whether a U.S. branch of a foreign bank
qualifies as a "bank or trust company" for
purposes of exemptions provided under ERISA section
408(b)(8) and PTE 91-38.
|
|
2007-02A
02/26/2007
PTE 84-14
|
Melanie Franco Nussdorf
Steptoe & Johnson LLP
|
Whether the 10% test applicable to
pooled investment vehicles under the QPAM class exemption
(84-14) does not require consideration of any underlying
plan investors in a pooled fund investing in another
pooled fund.
|
|
2007-01A
01/22/2007
PTE 84-14
|
Melanie Franco Nussdorf
Steptoe & Johnson LLP
|
Whether transactions between a
broker-dealer and a separate account managed by a QPAM
under a 401(k) plan fail to satisfy section I(a) of PTE
84-14 where plan participants investing in such account
receive investment allocation advice from a subsidiary of
the broker-dealer.
|
|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2006-09A
12/19/2006
IRC § 4975(c)(1)(A)
and (B)
|
Edward Appelt
|
This advisory opinion concludes that a
self-directed IRA‘s investment in notes of a
corporation, a majority of whose stock is owned by the
son-in-law of the IRA owner, would be a
prohibited transaction under the Internal Revenue Code.
|
|
2006-08A
10/03/2006
ERISA § 404(a)
|
Donald Myers
Reed Smith LLP
|
Whether a fiduciary of a defined
benefit plan may, consistent with the requirements of
section 404 of ERISA, consider the liability obligations
of the plan and the risks associated with such liability
obligations in determining a prudent investment strategy
for the plan.
|
|
2006-07A
08/15/2006
PTE 91-38
|
Stephen Saxon
Groom Law Group
|
Whether Chevy Chase Trust Company (CCTC) would be considered a bank, and whether certain collective investment funds for which CCTC acts as trustee would be considered to be maintained by a bank for purposes of PTE 91-38.
|
|
2006-06A
07/26/2006
PTE 77-3
|
F. Jefferson Bragdon
Williams Coulson
|
Whether the prohibition on the payment
of sales commissions in PTE 77-3 applies to the payment of
12b-1 Fees by a proprietary mutual fund to an unrelated
broker.
|
|
2006-05A
07/26/2006
ERISA § 3(32)
|
Alice League
Federal Reserve Employee Benefits System
|
Whether certain employee benefit
programs of the Federal Reserve System are excluded from
the requirements of Title I under section 4(b)(1) of
ERISA as “governmental plan[s]” within the meaning
of section 3(32) of ERISA. |
|
2006-04A
04/27/2006
ERISA § 403(c)
and 406(b)
|
Charles Blitman
Blitman & King LLP
|
Regarding the application of ERISA to trustees' amendment of a plan to permit a retroactive contribution to the plan fund on behalf of an owner of a corporation that contributes to the fund as an employer. Whether such owner who performed work for his own corporation that would otherwise be covered by a collective bargaining agreement if he were not a "supervisor" under federal labor law is an "employee," within the meaning of section 3(6) of ERISA, for purposes of participation under the plan.
|
|
2006-03A
02/28/2006
PTE 92-6
|
Seymour Goldberg
Goldberg & Goldberg, PC
|
PTE 92-6 covers the sale, by an
employee benefit plan, of a second to die life-insurance
policy to two participants who are husband and wife and
who are the insured under the policy. The letter also
clarifies that the conditions of PTE 92-6 remain the
same despite the amendments to the Internal Revenue Code
regarding the tax treatment of certain life-insurance
policies distributed from employee benefit plans.
|
|
2006-02A
01/23/2006
ERISA § 403(d)(2) and 406(b)(2)
|
James McLeod
NOMDA Trust
|
Whether the transfer of residual
assets from a terminated MEWA that is also a plan to a
VEBA that provides health and life insurance benefits to
the employees of the entity that sponsored both the MEWA
and the VEBA constitutes an improper inurement of plan
assets for the benefit of an employer in violation of
section 403, or a prohibited transaction under section
406.
|
|
2006-01A
01/06/2006
ERISA § 29 CFR 2509.75-2
|
Debra Buchanan
Guidant Legal Group, PLLC
|
Whether a lease by a company (LLC) 49% owned by an IRA to a company (S) which is a disqualified person with respect to that IRA is a prohibited transaction where the manager of the LLC is an officer of S. Whether 29 CFR 2509.75-2 makes the transaction an indirect prohibited transaction and whether it makes the transaction a violation of the Internal Revenue Code's exclusive benefit rule.
|
|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2005-25A
12/30/2005
ERISA § 3(5)
|
Andrew Ky Haynes
TICUA Benefit Consortium Health Plan
|
Whether the Tennessee Independent
Colleges and Universities Association Benefit
Consortium, Inc. Health Plan is an "employee
welfare benefit plan" within the meaning of section
3(1) of ERISA that is maintained by a "group or
association of employers" within the meaning of
section 3(5) of ERISA.
|
|
2005-24A
12/30/2005
ERISA § 3(5)
|
Rodney Opsal
WAICU Benefit Consortium Health Plan
|
Whether the Wisconsin Association of
Independent Colleges and Universities Association
Benefits Consortium, Inc. Health Plan is an
"employee welfare benefit plan" within the
meaning of section 3(1) of ERISA that is maintained by a
"group or association of employers" within the
meaning of section 3(5) of ERISA.
|
|
2005-23A
12/07/2005
ERISA § 3(21)
|
Michael Stapley
Deseret Mutual Benefit Administrators
|
Whether a financial consultant hired by a participant in a 404(c) plan to provide investment advice or management is a fiduciary and provides investment advice within the meaning of section 3(21) when he advises the participant to take a withdrawal in order to invest the assets in an investment not available under the plan, and whether the advisor engages in a prohibited transaction if the recommended investment pays an additional fee to the advisor.
|
|
2005-22A
12/07/2005
ERISA § 3(17)
|
Andree St. Martin
Stephen Saxon
Hartford Life Insurance Co.
|
Whether each division of a separate
account would itself be a "separate account"
as defined in section 3(17) of ERISA where the income,
gains and losses attributable to the assets of each
division, whether or not realized, are credited to or
charged against the assets invested in that division and
not to the assets of any other division or to the
insurer’s general account and without regard to other
income, gains or losses of other divisions or the
insurer’s general account.
|
|
2005-21A
12/21/2005
ERISA § 3(32)
|
Linda Knudsen
Utah Transit Authority Hourly Employees Retirement Plan
|
Whether the status of the Utah
Transit Authority Hourly Employees Retirement Plan as a
"governmental plan" within the meaning of
section 3(32) of ERISA would be adversely affected if it
were amended to allow two transit authority employees to
continue to participate while on leave of absence to
perform duties as full-time elected officials of the
labor union representing transit authority employees who
participate in the Plan.
|
|
2005-20A
08/31/2005
ERISA § 3(40)
and 514 (b)(6)(D)
|
Alden Bianchi
Mintz Levin Cohn Ferris Glovsky & Popeo PC
Dunkin’ Donuts Franchisee & Distribution Ctr Health
Plan
|
Whether the Dunkin' Donuts Franchisee
& Distribution Center Health Plan is a MEWA as
defined in ERISA section 3(40) and whether it is
"fully insured" within the meaning of ERISA
section 514(b)(6)(d).
|
|
2005-19A
08/26/2005
ERISA § 29 CFR 2510.3-101(f)
|
Andree St. Martin
Stephen Saxon
Groom Law Group
|
Regarding the application of the
significant participation test in 29 CFR §
2510.3-101(f) to an investment in an entity by a wholly
owned subsidiary of an insurer's general account which
holds plan assets for purposes of determining whether
that entity holds plan assets.
|
|
2005-18A
08/01/2005
ERISA § 514
and 3(40)
|
Charles Brown
Office of the Ins Commissioner
State of Washington
|
Whether section 514(a) of ERISA
preempts amendments to the Washington State Insurance
Code that provide for a premium tax and high-risk pool
assessment to be paid by self-funded MEWAs.
|
|
2005-17A
06/22/2005
ERISA § 3(32)
|
Aaron Krakow
Krakow & Souris
Massachusetts Public Employees Fund
|
Whether participation by five employees of the Massachusetts Public Employees Fund would adversely affect the status of the Fund as a governmental plan under section3(32) of ERISA.
|
|
2005-16A
06/10/2005
ERISA § 503
|
Dr. Gary Conant
Conant Chiropractic Clinic
|
Regarding the claims procedure regulation at 29 CFR 2560.503-1(h)(3) which requires the plan's named fiduciary deciding an appeal of a group health claim denied based on a medical judgment to consult with a physician or other health care professional that is licensed, accredited or certified to perform specified health services consistent with State law. |
|
2005-15A
06/10/2005
ERISA § 3(1)
|
Jared Kawashima
Ning, Lilly & Jones
Painting Industry of Hawaii Labor Mgt Coop
Trust Fund
|
Whether the Painting Industry of Hawaii Labor Management Cooperation Trust Fund
is an "employee welfare benefit plan" within the meaning of section
3(1) of Title I of ERISA.
|
|
2005-14A
06/10/2005
ERISA § 3(1)
|
Jared Kawashima
Ning, Lilly & Jones
Hawaii Tapers Market Recovery Trust Fund
|
Whether the Hawaii Tapers Market Recovery Trust is an "employee welfare
benefit plan" within the meaning of section 3(1) of Title I of ERISA.
|
|
2005-13A
05/31/2005
ERISA § 514(a)
and 514(d)
|
Richard Ervin
Washington Dept of Labor and Industries
Northwest Airlines Sick & Occupational Injury
Leave Plan for Employees
|
Whether section 514(a) of ERISA would preempt the application
of certain leave substitution provisions in the Washington State Family Care Act
to the Northwest Airlines, Inc. Sick and Occupational Injury Leave Plan for
Employees.
|
|
2005-12A
05/16/2005
ERISA § 3(1)
|
Jacob Barsottini
General Manager & COO, Employshare
Wings For Christ, Inc.
|
Whether a program of benefits offered by Wings for Christ
would be an “employee welfare benefit plan” within the meaning of section
3(1) of ERISA and whether such program would be subject to state insurance
regulation as a MEWA within the meaning of ERISA section 3(40). |
|
2005-11A
05/11/2005
ERISA § 406(b)
and 408(b)(2)
|
Chris Hastings
Financial Network
MidMinnesota Federal Credit Union
401(k) Plan
|
Whether a registered representative of a broker-dealer who
provides brokerage services to the customers of a credit union may also provide
brokerage services to the credit union's participant-directed 401(k) plan,
provided that the representative does not provide investment advisory or
management services to the plan.
|
|
2005-10A
05/11/2005
Code § 4975(c)(1)(E) and (F)
|
Sandra Faulkner
Baker and Hostetler LLP
Kristin Ives
Stradley Ronon Stevens Young LLP
COUNTRY Trust Bank
|
When fees received by a bank or an affiliate, in connection
with investments in certain mutual funds by IRAs or other qualified retirement
plans, are offset against management fees charged by the bank to the plans,
would the receipt and offset avoid prohibited transactions under Code section
4975(c)(1)(E) or (F)?
|
|
2005-09A
05/11/2005
ERISA § 408(b)(8)
|
Donald Myers
Reed Smith LLP
Vanguard Fiduciary Trust Co
|
Whether in-kind investments in a bank collective investment fund are covered by ERISA section 408(b)(8), if the stated conditions are met. |
|
2005-08A
05/11/2005
ERISA § 29 CFR 2510.101
|
Joel Mintzer
Robins Kaplan Miller Ciresi LLP
Jon Breyfogle
Groom Law Group
BC/BS of Minnesota
|
Whether certain distributions from insurance companies to their
policyholders are "plan assets."
|
|
2005-07A
05/03/2005
ERISA § 3(32)
|
Neal Childers
Georgia Department of Community Health
Georgia State Health Benefit Plan
|
Whether the status of the Georgia State Health Benefit Plan as a "governmental plan" within the meaning of section 3(32) of ERISA would be adversely affected if it were extended to cover the employees of certain federally qualified health centers in the State of Georgia. |
|
2005-06A
04/11/2005
ERISA § 503
|
Larry Brand
Mahoney & Associates
|
Whether accidental death and dismemberment benefits are
subject to the requirements in 29 C.F.R. § 2560.503-1 for “disability
benefits” or whether they are “other” welfare benefits subject to the
general claims procedure provisions of 29 C.F.R. § 2560.503-1. |
|
2005-05A
03/23/2005
ERISA § 514(b)(8)
and 609(b)
|
Patrick O'Connell
Chief, Civil Medicaid Fraud
Office of the Attorney General of Texas
|
Regarding the provisions in ERISA § 514(b)(8) and ERISA §
609(b) on State causes of action to obtain reimbursement for their Medicaid
programs from ERISA plans.
|
|
2005-04A
03/25/2005
ERISA § 406(b)
|
Norma Sharara
Buchanan Ingersoll, PC
|
Whether a plan may invest in a mutual fund when one of the plan's trustees is
the president, CEO, and significant shareholder of the mutual fund's investment
advisor.
|
|
2005-03A
03/23/2005
ERISA § 29 CFR 2510.3-101
and 408(b)(2)
|
Frank Sabatino
Stevens & Lee
Teamsters Pension Trust Fund of Philadelphia & Vicinity
& Teamsters Health and Welfare Fund of Philadelphia & Vicinity
|
Application of the definition of a "related group of
plans" for purposes of the wholly-owned exception of the plan assets
regulation at 29 CFR 2510.3-101.
|
|
2005-02A
02/24/2005
ERISA § 103
|
Michael Conger
Robert Browning
Polsinelli Shalton Welte Suelthaus PC
Fortis Benefits Ins Co
|
Regarding the Schedule A (Form 5500) requirements for reporting fees and commissions paid to brokers, agents and other persons directly or indirectly attributable to policies or contracts placed or retained with or by an ERISA-covered employee benefit plan.
|
|
2005-01A
02/14/2005
ERISA § 3(32)
|
Neal Childers
Georgia Dept of Community Health
Georgia State Health Benefit Plan
|
Whether Georgia's Agricultural Commodities Commissions are
"agencies" or "instrumentalities" of the State of Georgia so
that inclusion of their employees would not adversely affect the status of
Georgia's State Health Benefit Plan as a "governmental plan" within
the meaning of section 3(32) of ERISA.
|
|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2004-11A
12/30/2004
ERISA § 3(33)
|
Lauren
Licastro
Morgan,
Lewis
&
Bockius,
LLP
Pittsburgh
Mercy
Health
System
Mercy
Life
Center Corp
|
Whether the Pittsburgh Mercy Health System Cash Accumulation
Plan, the Pittsburgh Mercy Health System 401(k) Savings Plan, and the Mercy Life
Center Corporation Pension Plan are “church plans” within the meaning of
section 3(33) of ERISA, that are excluded from Title I coverage by ERISA section
4(b)(2).
|
|
2004-10A
12/30/2004
ERISA § 3(1)
|
Richard
Brickson
May
Department
Stores
Co.
|
Whether the May Department Store Company’s vacation pay
program is an "employee welfare benefit Plan “within the meaning of
section 3(1) of ERISA.
|
|
2004-09A
12/22/2004
Code § 4975(c)
|
Thomas
Schendt
Alston
&
Bird
LLP
|
Concerning
the
application
of
the
prohibited
transaction
provisions
under
section
4975(c)
of
the
IRC,
to
certain
contributions
to
health
savings
accounts.
|
|
2004-08A
07/02/2004
ERISA § 3(1)
|
Barry Frederick
Wiggins Childs Quinn & Pantazis
Denny's Inc. Vacation Pay Plan
|
Whether the Denny's, Inc. Vacation Pay Plan is an "employee welfare benefit
plan" within the meaning of section 3(1) of ERISA.
|
|
2004-07A
07/01/2004
ERISA § 412
|
William Mrozowski
First Commonwealth Trust Company
|
Non-depository, state chartered trust company that is a wholly-owned subsidiary
of a bank holding company and is subject to regular examination and supervision
by the Federal Reserve System, is exempt from certain bonding requirements in
section 412 of ERISA.
|
|
2004-06A
06/21/2004
ERISA § 3(1)
|
Lisa Belenky
Lewis & Feinberg, PC
Service Employees International Union
Local 616
|
Whether a program established by SEIU Local 616 to provide a small monetary
payment to beneficiaries of deceased members is a "remembrance fund"
within the meaning of 29 C.F.R. § 2510.3-1(g), and, therefore, exempt from
coverage under Title I of ERISA.
|
|
2004-05A
05/24/2004
ERISA § 406(a)(1),(D)
and 406(b)(1),(2)
|
William Charyk
Arent Fox Kintner Plotkin & Kahn, PLLC
Liquidnet System
|
Whether the execution of a securities transaction between a
plan and party in interest through an alternative trading system constitutes a
prohibited transaction under ERISA.
|
|
2004-04A
05/20/2004
ERISA § 407(d)(3)
and 407(d)(9)
|
Steven Sacher
Kilpatrick Stockton LLP
Butler Mfg. Company
|
Whether an amendment of defined benefit plan reducing future
benefit accruals will affect the grandfathered status under OBRA '87 of a floor
offset arrangement of which the defined benefit plan is a part with a stock
bonus plan.
|
|
2004-03A
04/30/2004
ERISA § 3(1)
|
David Thompson
International
Brotherhood of Electrical Workers Local No. 150 Holiday and Vacation Fund
|
Whether the International Brotherhood of Electrical Workers
Local No. 150 Holiday and Vacation Fund is an “employee benefit plan” within
the meaning of section 3(3) of ERISA.
|
|
2004-02A
01/17/2004
ERISA § 206(d)(3)
|
Terry-Lynne Lastovich
Dorsey & Whitney LLP
Northwest Airlines, Inc. Retirement Plan
for Pilot Employees
|
Whether a domestic relations order that changes a prior
assignment of benefits to an alternate payee to reduce the amount assigned to
the alternate payee may be a qualified domestic relations order within the
meaning of section 206(d)(3) of ERISA.
|
|
2004-01A
01/27/2004
ERISA § 3(32)
|
Albert Goldman
Angoff, Goldman, Manning, Wanger & Hynes, PC
Boston Teachers Union Health & Welfare
Fund, Prepaid Legal Services Fund, Paraprofessional Health
& Welfare Fund.
|
Whether the Health Fund, Legal Fund, and Paraprofessional
Fund (collectively, Funds), are “governmental plan[s],” as defined in ERISA
§ 3(32), and, therefore, excluded from Title I coverage by § 4(b)(1) of ERISA.
|
|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2003-18A
12/23/2003
ERISA § 3(32)
|
Charles Spalding
Gilbert, Harrell, Gilbert, Sumerford & Martin
Glynn-Brunswick Memorial Hospital
Retirement Plan
|
Whether the Glynn-Brunswick Memorial Hospital Retirement Plan
is a "governmental plan" within the meaning of ERISA section 3(32)
that is excepted from coverage under Title I by section 4(b)(1) of ERISA.
|
|
2003-17A
12/12/2003
ERISA § 3(5)
|
Ralph Hawkins
Davis Wright Tremaine LLP
Hanford Employee Welfare Trust
|
Whether HEWT is a single employee welfare benefit plan
maintained by a “group or association of employers” within the meaning of
section 3(5) of ERISA.
|
|
2003-16A
11/21/2003
ERISA § 3(32)
|
Stephanie Gracia
Hallett & Perrin, PC
Lower Colorado River Authority 401(k) Plan
Lower Colorado River Authority Retirement Plan
|
Whether the status of the LCRA Plans as "governmental
plan(s)" within the meaning of section 3(32) of ERISA would be adversely
affected if they were extended to cover the employees of GenTex Power
Corporation.
|
|
2003-15A
11/17/2003
ERISA § 3(14)(G)
and 406(a)
|
William Schmidt
Kirkpatrick & Lockhart LLP
Jacob Friedman
Proskauer Rose LLP
Verizon Investment Mgt. Corp |
Whether a limited partnership in which employee benefit plans invest would be deemed a party in interest with respect to the plans under section 3(14)(G) of ERISA where the plan trustee would hold more than fifty percent of the interests in the limited partnership on behalf of the plans.
|
|
2003-14A
10/08/2003
ERISA § 407(d)(5)
and 407(f)(1)
|
Steven Sacher
Kilpatrick Stockton LLP
General Motors Corp.
Hughes Electronics Corp. |
Whether certain stock is a qualifying
employer security in connection with a proposed exchange
between GM and several employee benefit plans that it
sponsors. The exchange is part of a broader
transaction, whereby GM plans to split-off its
subsidiary, Hughes Electronics Corporation. |
|
2003-13A
09/30/2003
ERISA § 3(5)
and 3(40)
|
Robert Sacks
Kane Kessler, PC
Association of Independent Commercial
Producers |
Whether the AICP Health Benefits Fund
is an employee welfare benefit plan established and
maintained by an employer group or association within
the meaning of section 3(5) of ERISA. Also whether the
Fund is a “fully insured” multiple employer welfare
arrangement within the meaning of ERISA section 3(40)
and section 514(b)(6)(A). |
|
2003-12A
09/30/2003
ERISA § 3(32)
|
Albert Harberson
Council of State Governments
Kentucky Employees Retirement System |
Whether employees of The Council of
State Governments may participate in the Kentucky
Employees Retirement System without adversely affecting
the status of KERS as a “governmental plan” within
the meaning of section 3(32) of ERISA. |
|
2003-11A
09/08/2003
ERISA § 404(c)
|
Stephen Saxon
Groom Law Group, Chartered
Principal Financial Group |
Whether delivery of a Profile (as described in Rule 498 under the Securities Act of 1933) would satisfy the prospectus delivery requirements under ERISA section 404(c) regulations. |
|
2003-10A
08/12/2003
ERISA § 407(a)(2)
|
Charles Smith
Kirkpatrick & Lockhart LLP
Crucible Materials Corporation Master
Trust |
Whether the reallocation of employer
securities from the account of one plan participating in
a master trust to the accounts of other plans
participating in the master trust in exchange for
interests of those plans in other assets of the same
value held in the master trust would constitute an
acquisition of employer securities for purposes of
section 407(a) of ERISA. |
|
2003-09A
06/25/2003
ERISA § 406(b)(1)
and 406(b)(3)
|
Gary Howell
Gardner, Carton & Douglas
ABN AMRO Trust Services Company |
Whether a trust company’s receipt
of 12b-1 and subtransfer fees from mutual funds, the
investment advisers of which are affiliates of the trust
company, for services in connection with investment by
employee benefit plans in the mutual funds, would
violate ERISA when the decision to invest in such funds
is made by an employee benefit plan fiduciary or
participant who is independent of the trust company and
its affiliates. |
|
2003-08A
06/26/2003
ERISA § 403(d) to 403(d)(2)
|
Stephen Kern
McNees Wallace & Nurick LLC
Pennsylvania Automotive Association
Insurance Trust |
Request for guidance as to the
disposition of surplus assets on the termination of the
Trust. Specifically, whether, after all outstanding
claims for benefits have been satisfied and all surplus
attributable to participant contributions has been used
for the provision of benefits, the remaining surplus
assets may be transferred to a charitable foundation
that is not a party in interest in accordance with the
terms of the trust document. |
|
2003-07A
06/19/2003
PTE 84-14
|
Melanie Nussdorf
Steptoe & Johnson LLP |
Request for guidance concerning
section V(h) of PTE 84-14 which permits certain
transactions between a party in interest with respect to
an employee benefit plan and an investment fund in which
the plan has an interest and which is managed by a QPAM,
provided that the other conditions of the exemption are
satisfied. |
|
2003-06A
04/25/2003
ERISA § 3(1)
|
Donald Siegel
Elizabeth Sloane
Segal, Roitman & Coleman
Labor Management Construction Safety
Alliance, Inc. |
Regarding the applicability of Title
I of ERISA. Specifically, whether the Labor Management
Construction Safety Alliance, Inc. (LMCSA) is an “employee
welfare benefit plan” within the meaning of section
3(1) of Title I of ERISA. |
|
2003-05A
04/10/2003
|
Alden Bianchi
Mirick O’Connell DeMallie & Lougee, LLP
Retirement Plan for Employees of Fred C. Church, Inc. |
Whether under ERISA Church is
entitled to retain the demutualization award paid
to Church by Principal for a group annuity contract that
was purchased in connection with the termination of a
retirement plan that had been established and maintained
by Church. |
|
2003-04A
03/26/2003
ERISA § 403, 404, 406
|
Robert Gallagher
Groom Law Group
Prudential Insurance Company of America |
Regarding the application of ERISA to
an employer’s amendment of its plan to eliminate life
insurance benefits for certain retirees and the
amendment of its defined benefit pension plan to add
similar benefits for those retirees, and the
implementation of those amendments. Specifically whether
the amendments, along with their implementation, would
not violate the anti-inurement, exclusive benefit and
prohibited transaction provisions under ERISA. |
|
2003-03A
02/13/2003
ERISA § 3(3), 3(21), 404(a)(1), 514(a)
|
John Claro
Rainey, Goodwin, Mee & Martin LLP
American Heartland Health
Administrators, Inc. |
Whether, and under what
circumstances, American Heartland Health Administrators,
Inc. (and a selected "reinsurance company")
may be subject to the provisions of ERISA, and whether
compliance with a cease and desist order would cause
AHHA to violate its fiduciary duty to act in accordance
with the documents and instruments governing the plans. |
|
2003-02A
02/10/2003
ERISA § 408(b)(2) and 408(b)(6)
|
Lisa Bleier
Senior Counsel
American Bankers Association |
Regarding the application of ERISA to
the provision of overdraft protection services,
including any inherent extension of credit incident to
such services, by banks, whether or not the bank exercises
investment discretion over plan assets. |
|
2003-01A
01/24/2003
ERISA § 4(c)
|
Alan Pauw
Reed, Weitkamp, Schell & Vice
Kentucky Public Employees’ 401(k) Deferred Comp Plan |
Whether requirements listed by ERISA
§ 4(c) for “deemed IRAs” apply to those added to
the Plan, assuming it is a governmental plan excluded
from Title I by ERISA § 4(b)(1), and whether adding
"deemed IRAs" adversely affects Plan
exclusion. |
|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2002-14A
12/18/2002
29 CFR 2509.95-1
|
Leonard Davis
Sharon W. Vaino
Metropolitan Life Ins. Co.
Tax Dept |
Guidance concerning the selection of
annuity providers in connection with distributions from
defined contribution plans. Specifically, the
application of specific requirements of Interpretive
Bulletin 95-1. |
|
2002-13A
12/06/2002
ERISA § 3(2)
|
Jane Francis
Holland & Hart LLP
Kaiser-Hill Employee Incentive
Compensation Plans |
Whether the Kaiser-Hill Plans are “pension
plans” within the meaning of section 3(2)(A) of ERISA,
and, if the Plans should be considered pension plans,
whether they are so-called “top hat” plans under
ERISA sections 201(2), 301(a)(3), and 401(a)(1). |
|
2002-12A
12/04/2002
PTE 92-5
|
Seymour Goldberg
Goldberg & Goldberg, PC
Your office maintained tax-qualified
profit sharing plan |
Concerning the applicability of PTE
92-5, (57 FR 5019, February 11, 1992), to a transfer of
a life insurance contract by a participant to his or her
employee benefit plan. |
|
2002-11A
10/17/2002
ERISA § 3(32)
|
Neil Lipton
Spivak Lipton Watanabe Spivak Moss
Communications Workers of America, Local
1180 Members' Annuity Fund |
Whether the Communications Workers of
America, Local 1180 Members' Annuity Fund remains a
"governmental plan" if it extends eligibility
to its trustees, who are Local 1180 officers, and
accepts contributions for any trustee whom Local 1180
employs, since the Fund otherwise exclusively covers government employees of NYC and related
public employers whose bargaining agreements require
them to provide all contributions currently received by
the Fund. |
|
2002-10A
09/30/2002
ERISA § 3(32)
|
Ian Lanoff
Groom Law Group
University of California Retirement
Plans |
Whether two UC pension plans
adversely affect exclusion from Title I of ERISA as
"governmental plans" by awarding service
credits and transferring account balances connected with
about two years when UC San Francisco Medical Center
transferred a group of employees, now reemployed by the
Medical Center and again participating in UC plans, to
employment with the Medical Center's now-terminated,
private sector joint venture with Stanford University
and to coverage by the joint venture's private sector
pension plans. |
|
2002-09A
09/06/2002
ERISA § 3(32)
|
Michael Scaraggi
Oransky, Scaraggi, Borg & Abbamonte, PC
Port Authority Police Benevolent
Association, Inc. |
Application of the "governmental
plan" definition in section 3(32) of ERISA to the
Port Authority PBA Welfare Fund for purposes of the
coverage exclusion in section 4(b)(1) of ERISA.
|
|
2002-08A
08/20/2002
ERISA § 404(a)
and 408(b)(2)
|
Michael Crabtree
Central Pension Fund of the
International Union of Operating Engineers and
Participating Employers |
Whether indemnification and limitation of
liability provisions in a plan's service provider contract
would violate the fiduciary provisions of ERISA.
|
|
2002-07A
07/25/2002
ERISA § 3(37)
|
Ronald Richman
Schulte, Roth & Zabel LLP,
Michael S. Melbinger
Winston & Strawn
Anchor Glass Container Corp; Glass, Molders,
Pottery, Plastics & Allied Workers Int'l Union; Glass
Companies Multiemployer Pension Plan |
Application of the substantial business
purpose test in paragraph (c) of 29 CFR 2510.3-37, for
purposes of the definition of a “multiemployer plan”
in ERISA Sec. 3(37).
|
|
2002-06A
07/03/2002
ERISA § 404(a) |
Larry Savell and Richard Maples, Trustees
Iron Workers Mid-South Pension Fund |
Application of Sec. 404(a)(1) of ERISA where trustees
of a Taft-Hartley multiemployer plan, as the sole parties authorized under
the trust agreement to establish delinquent contribution procedures, did
so, but where different delinquent contribution procedures were
subsequently agreed to in a collective bargaining agreement that the
trustees were not party to. |
|
2002-05A
06/07/2002
PTE 77-4 |
Melanie Nussdorf
Steptoe & Johnson LLP |
Whether the prohibition in PTE 77-4
(42 FR 18732, April 8, 1977) on sales commission
payments would apply to commissions paid by a plan to an
independent broker who executes the plan’s purchase or
sale of shares of open-end investment companies
registered under the Investment Company Act of 1940
through a securities exchange. |
|
2002-04A
06/07/2002
ERISA § 408(e) |
Wallace Starke
Troutman, Sanders, Mays & Valentine, LLP
National Bankshares, Inc. and National Bank of
Blacksburg |
Application of Sec. 408(e) of ERISA to certain
transactions between a plan and various personal trusts and estates
sharing a common trustee with the plan. |
|
2002-03A
06/07/2002
ERISA § 206(d) |
Alsee McDaniel
Mississippi Dept
of Human Resources, Div of Child Support Enforcement |
Application of Sec. 206(d) of ERISA with respect to
the Mississippi Department of Human Services, Division of Child Support
Enforcement. |
|
2002-02A
05/17/2002
29 CFR 2510.3-102 |
Richard Steinburg Employee Benefit Plans
Expert Panel, Dept. of Labor Liaison Task Force, AICPA |
When participant loan repayments withheld from
employee wages by an employer become plan assets subject to the prohibited
transaction rules of section 406 of ERISA. |
|
2002-01A
03/26/2002
ERISA § 401(b) |
Melanie Nussdorf,
Steptoe & Johnson, and Howard M. Bergtraum
O’Sullivan, Graev & Karabell LLP
JPMG Global Investors, LP |
Application of the “venture capital
operating company” definition for purposes of the plan
assets regulation at 29 CFR 2510.3-101. |
|
|
|
AO/Date/Reference |
Recipient |
Description of Request |
|
2001-10A
12/14/2001
ERISA § 408(b)(2)
and 408(b)(6)
|
James Winn
Smith & Downey
Laurel Trust Company
|
Application of ERISA Secs. 408(b)(2) and 408(b)(6) to
the provision of trustee services by Laurel Trust Company to two defined
benefit plans which it sponsors and the payment by the plans of trustee
fees in connection with those services. |
|
2001-09A
12/14/2001
ERISA § 406(b)
|
William Schmidt
Eric Berger,
Kirkpatrick & Lockhart, LLP
SunAmerica Retirement Markets, Inc.
|
Application of ERISA Sec. 406(b) to certain
transactions involving the provision of investment advice and
discretionary services with regard to asset allocation for participants in
participant-directed defined contribution plans. |
|
2001-08A
08/07/2001
ERISA § 3(32) |
Karen Tyner
Edwards, Ballard, Bishop, Sturm, Clark & Keim, PA
Spartanburg Water System & the Spartanburg Sanitary
Sewer District |
Application of the definition of “governmental
plan” in Sec. 3(32) of ERISA. |
|
2001-07A
07/02/2001
ERISA § 3(32) |
Alan Cabral
Seyfarth, Shaw, Fairweather & Geraldson
Santa Clara County Transit District Amalgamated
Transit Union Pension Plan |
Application of the definition of “governmental
plan” in Sec. 3(32) of ERISA. |
|
2001-06A
06/01/2001
ERISA § 206(d)(3) |
Lee Sapienza
New York State Office of Temporary and Disability
Assistance, Division of Child Support Enforcement |
Application of ERISA Sec. 206(d)(3) to income
withholding notices issued by DSCE or a county child support enforcement
agency operating under DSCE guidelines. |
|
2001-05A
06/01/2001
ERISA § 403, 404, 406 |
Denise Clark
Feder & Semo, PC
Hotel & Restaurant Union Employees
International Union Welfare Fund |
Application of ERISA Secs. 403, 404
and 406 to an amendment to provide for the payment of
certain federal tax obligations that arise as a result
of the Fund’s provision of domestic partner coverage
and an additional gross-up benefit to participants who
elect domestic partner coverage.
|
|
2001-04A
03/22/2001
ERISA § 3(1), 3(5) |
John Mossberg
Reinhard, Boerner, Van Deuren, Norris & Reiselbach,
SC
Wisconsin Automobile & Truck Dealers Association,
Inc. Insurance Trust |
Whether the subject plan is
maintained by a “group or association of employers”
for purposes of the definition of “employer” in Sec.
3(5) of ERISA. |
|
2001-03A
02/15/2001
ERISA § 3(2) |
Theodore Groom
Groom Law Group
Prudential Insurance Company of America |
Whether certain individual retirement annuities and
tax deferred annuities that are otherwise exempt from coverage under Title
I of ERISA by virtue of DOL regulations at 29 CFR 2510.3-2(d) and (f)
would remain exempt if the employer as the contract holder (1) votes on
the proposed plan of demutualization and (2) selects an allocation method
for distributing the demutualization proceeds among the employees covered
under the group contract. See also Information Letter to Theodore R.
Groom dated 02/15/01. |
|
2001-02A
02/15/2001
ERISA § 3(21)(A) |
Theodore Groom
Groom Law Group
Prudential Insurance Company of America |
Application of the definition of a
“fiduciary” in certain circumstances relating to the
allocation of demutualization proceeds. See also
Information Letter to Theodore R. Groom dated 02/15/01. |
|
2001-01A
01/18/2001
ERISA § 403-404 |
Carl Stoney, Jr.
Crosby, Heafey, Roach & May
Conservation & Liquidation Office, California
Dept of Ins |
The application of Title I of ERISA to the payment by
plans of expenses relating to tax-qualification. See hypothetical
examples. |
