For purposes of these procedures, the following definitions apply:
(a) An affiliate of a person means--
(1) Any person directly or indirectly through one or more
intermediaries, controlling, controlled by, or under common control with
the person;
(2) Any director of, relative of, or partner in, any such person;
(3) Any corporation, partnership, trust, or unincorporated
enterprise of which such person is an officer, director, or a 5 percent
or more partner or owner; and
(4) Any employee or officer of the person who--
(i) Is highly compensated (as defined in section 4975(e)(2)(H) of
the Code), or
(ii) Has direct or indirect authority, responsibility, or control
regarding the
custody, management, or disposition of plan assets.
(b) A class exemption is an administrative exemption, granted under
section 408(a) of ERISA, section 4975(c)(2) of the Code, and/or 5 U.S.C.
8477(c)(3), which applies to any parties in interest within the class of
parties in interest specified in the exemption who meet the conditions
of the exemption.
(c) Department means the U.S. Department of Labor and includes the
Secretary of Labor or his delegate exercising authority with respect to
prohibited transaction exemptions to which this subpart applies.
(d) Exemption transaction means the transaction or transactions for
which an exemption is requested.
(e) An individual exemption is an administrative exemption, granted
under section 408(a) of ERISA, section 4975(c)(2) of the Code, and/or 5
U.S.C. 8477(c)(3), which applies only to the specific parties in
interest named or otherwise defined in the exemption.
(f) A party in interest means a person described in section 3(14) of
ERISA or 5 U.S.C. 8477(a)(4) and includes a disqualified person, as
defined in section 4975(e)(2) of the Code.
(g) Pooled fund means an account or fund for the collective
investment of the assets of two or more unrelated plans, including (but
not limited to) a pooled separate account maintained by an insurance
company and a common or collective trust fund maintained by a bank or
similar financial institution.
