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1998 Individual Exemptions

Acquisitions or Mergers

Grant; PTE 1998-15

D-10436

G: 63 FR 17034 (04/07/98)

P: 63 FR 4068 (01/27/98)

Massachusetts Mutual Life Insurance Company (MassMutual)

Permits (1) the mergers of certain Connecticut Mutual Life Insurance Company (CML) separate investment accounts, the assets of which include assets of employee benefit plans (the Plans), into certain Massachusetts Mutual Life Insurance Company SIAs -- the CML Select into MassMutual SIA-A, CML Fixed Income into MassMutual SIA-E, CML Basis into MassMutual SIA- F, CML Money Market into MassMutual SIA-G, and CML Overseas into MassMutual SIA-I (the Merger Transactions); (2) the transfer of Plan assets from CML Dimensions and CML Converts, after termination of those SIAs, into MassMutual SIA-E and MassMutual SIA-A; and

(3) the transfer of Plan assets from CML Life Style Funds designated as CML Asset Allocation A, CML Asset Allocation B, and CML Asset Allocation C, after termination of those funds, into MassMutual SIA-BC, MassMutual SIA-BP, and MassMutual SIA-BA.

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Asset-Backed Securities

Grant; PTE 1998-56

D-10438

G: 63 FR 65245 (11/25/98)

P: 63 FR 36946 (07/08/98)

See summary for TMCC under Motor Vehicle Leases/Motor Vehicles.

Grant; PTE 1998-14

D-10313

G: 63 FR 17027 (04/07/98)

P: 63 FR 4052 (01/27/98)

See summary for Citibank (South Dakota), N.A., et al. under Credit Card Receivables.

Grant; PTE 1998-13

D-10304

G: 63 FR 17020 (04/07/98)

P: 63 FR 4038 (01/27/98)

See summary for the MBNA America Bank, National Association under Credit Card Receivables.

Grant; PTE 1998-11

D-10394

G: 63 FR 12841 (03/16/98)

P: 62 FR 62630 (11/24/97)

National Rural Utilities Cooperative Finance Corporation

Permits, effective November 18, 1997, (1) transactions relating to the refinancing by CFC of certain rural utility cooperative loans made to the Kansas Electric Power Cooperative, Inc. (KEPCO), and certain notes issued by KEPCO in connection with such loans which are assigned to trusts for which CFC acts as servicer, and certificates evidencing interests in such trusts; (2) transactions occurring in connection with the servicing, management and operation of a trust; and (3) transactions to which the restrictions or the taxes under the Code or ERISA would apply merely because a person is a deemed to be a party in interest or a disqualified person (including a fiduciary) with respect to a plan by virtue of providing services to a plan (or by virtue of having a relationship to such service provider), solely because of the plan’s ownership of certificates issued pursuant to the exemption or pursuant to PTE 89-93 (54 FR 45816, October 31, 1989).

Grant; PTE 1998-08

D-10521

G: 63 FR 8498 (02/19/98)

P: 62 FR 66672 (12/19/97)

PNC Capital Markets, Inc. (PNC)

Permits the direct or indirect sale, exchange or transfer of certificates in the initial issuance of certificates between the sponsor or underwriter and an employee benefit plan when the sponsor, servicer, trustee or insurer of a trust, the underwriter of the certificates representing an interest in the trust, or an obligor is a party in interest with respect to such plan.

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Coinvesting

Grant; PTE 1998-28

D-10396

G: 63 FR 33727 (06/09/98)

P: 63 FR 6217 (02/06/98)

Massachusetts Mutual Life Insurance Company (MassMutual)

Permits (1) certain transactions (i.e., transfers between accounts, joint sales of property, additional capital contributions, lending of funds, and additional capital contributions) involving the management of investments shared by two or more accounts maintained by MassMutual; (2) certain transactions (i.e., additional capital contributions, third party purchase offers, rights of first refusal, and buy-sell options) involving the management of joint venture interests shared by two or more accounts maintained by MassMutual; and (3) transactions involving a joint venture or persons related to a joint venture (e.g., any additional equity or debt capital contributions to a joint venture by an ERISA-covered account that is participating in an interest in the joint venture, or to any material modification in the terms of, or action taken upon default with respect to a loan to the joint venture in which the ERISA-covered account has an interest as a lender, where the joint venture is a party in interest solely by reason of the ownership on behalf of the General Account of a 50 percent or more interest in such joint venture).

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Credit Card Receivables

Grant; PTE 1998-14

D-10313

G: 63 FR 17027 (04/07/98)

P: 63 FR 4052 (01/27/98)

Citibank (South Dakota), N.A., et al.

Provides relief for a plan's purchase of certificates, representing the right to receive principal and interest payments from the assets of various trusts which hold credit card receivables, despite the fact that various entities involved in the loan program (i.e., the underwriter or the trustee) may be parties in interest with respect to the plan. Specifically, exemptive relief is provided for (1) the sale, exchange or transfer of certificates in the initial issuance of such certificates, the plan's acquisition or disposition of certificates in the secondary market, and the plan's continued holding of certificates; (2) the sale, exchange or transfer of certificates in the initial issuance of certificates, where the person who has discretionary authority or renders investment advice with respect to the investment of plan assets in the certificates is an obligor with respect to receivables contained in the trust, the acquisition or disposition of such certificates in the secondary market and the continued holding of such certificates by a plan; (3) transactions in connection with the servicing, management and operation of the trusts; and (4) transactions to which the restrictions or the taxes under ERISA or the Code would apply merely because a person is a deemed to be a party in interest or a disqualified person (including a fiduciary) with respect to a plan by virtue of providing services to a plan (or by virtue of having a relationship to such service provider), solely because of the plan’s ownership of certificates.

Grant; PTE 1998-13

D-10304

G: 63 FR 17020 (04/07/98)

P: 63 FR 4038 (01/27/98)

MBNA America Bank, National Association

Provides relief for a plan's purchase of certificates, representing the right to receive principal and interest payments from the assets of various trusts which hold credit card receivables, despite the fact that various entities involved in the loan program (i.e., the underwriter or the trustee) may be parties in interest with respect to the plan. Specifically, exemptive relief is provided for (1) the sale, exchange or transfer of certificates in the initial issuance of such certificates, the plan's acquisition or disposition of certificates in the secondary market, and the plan's continued holding of certificates; (2) the sale, exchange or transfer of certificates in the initial issuance of certificates, where the person who has discretionary authority or renders investment advice with respect to the investment of plan assets in the certificates is an obligor with respect to receivables contained in the trust, the acquisition or disposition of such certificates in the secondary market and the continued holding of such certificates by a plan; (3) transactions in connection with the servicing, management and operation of the trusts; and (4) transactions to which the restrictions or the taxes under ERISA or the Code would apply merely because a person is a deemed to be a party in interest or a disqualified person (including a fiduciary) with respect to a plan by virtue of providing services to a plan (or by virtue of having a relationship to such service provider), solely because of the plan’s ownership of certificates.

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Employer Securities Involved

Grant; PTE 1998-51

L-09583

G: 63 FR 60399 (11/09/98)

P: 63 FR 15443 (03/31/98)

See summary for U S WEST under In Kind Contributions.

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Exchanges

Grant; PTE 1998-22

D-10461, D-10462 and D-10463

G: 63 FR 27329 (05/18/98)

P: 63 FR 66685 (12/19/97)

The Fortunoff Pension Plans (the Plans)

Amends PTE 93-8 (58 FR 7258, February 5, 1993), an individual exemption that was issued to the Plans involving purchase, leaseback and license transactions with the Plans’ sponsor and certain of its affiliates. The amendment permits the Plans to acquire certain real property through a third party exchange and to continue the leasing and other transactional arrangements approved under PTE 93-8.

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GICs/GACs

Grant; PTE 1998-06

D-10522

G: 63 FR 3773 (01/26/98)

P: 62 FR 62642 (11/24/97)

See summary for the CoreStates GIC and BIC Fund under Sale by Plan of Other Assets.

Grant; PTE 1998-04

D-10472

G: 63 FR 3772 (01/26/98)

P: 62 FR 62639 (11/24/97)

See summary for the Pentair Plan under Sale by Plan of Other Assets.

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Guaranty/Guarantee

Grant; PTE 1998-44

D-10572

G: 63 FR 49611 (09/16/98)

P: 63 FR 38859 (07/20/98)

See summary for the R&J Hoffman, Inc. Plan under Loan by Plan.

Grant; PTE 1998-33

D-10529

G: 63 FR 36963 (07/08/98)

P: 63 FR 29458 (05/29/98)

See summary for the Breland Investments, Inc. Plan under Loan by Plan.

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In Kind Contributions

Grant; PTE 1998-51

L-09583

G: 63 FR 60399 (11/09/98)

P: 63 FR 15443 (03/31/98)

U S WEST, Inc., et al. (collectively, U S WEST)

Permits, effective March 31, 1994, voluntary contributions in-kind by U S WEST of certain shares of publicly traded common stock of U S WEST (the Stock) and/or any replacement publicly traded shares of such Stock to certain trusts for the purpose of pre-funding welfare benefits under one or more employee welfare benefit plans maintained by U S WEST.

Grant; PTE 1998-02

D-10471

G: 63 FR 1980 (01/13/98)

P: 62 FR 59740 (11/04/97)

First Bank System Personal Retirement Account (the Plan)

Permits (1) the proposed contribution to the Plan by U.S. Bancorp (the Employer), formerly First Bank System, Inc., the sponsor of the Plan, of the Employer's interests in two limited partnership funds (the Interests) organized and managed by Kohlberg Kravis Roberts & Co. (KKR); and (2) the grant by the Employer to the Plan of an option (the Put) under which the Plan is empowered at any time to require the Employer to repurchase the Interests from the Plan at any time.

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In Kind Purchases

Grant; PTE 1998-60

D-10352

G: 63 FR 71301 (12/24/98)

P: 63 FR 53709 (10/06/98)

Citizens Bank, NH

Permits, effective October 11, 1996, the in-kind transfer of assets of employee benefit plans (the Client Plans) for which Citizens Bank, NH (the Bank) serves as fiduciary, other than plans established and maintained by the Bank, that were held in a portfolio of a collective investment fund maintained by the Bank, in exchange for shares of the Berger/BIAM International Institutional Fund (the B/B Fund), an open-end investment company registered under the Investment Company Act of 1940, the investment adviser and investment sub-adviser of which BBOI Worldwide LLC (BBOI) and Bank of Ireland Asset Management Limited (BIAM), respectively, which are related to the Bank. Also permits, effective October 11, 1996, the receipt of fees from the B/B Fund and/or the B/B portfolio by the Bank, BBOI Worldwide LLC and Bank of Ireland Asset Management (U.S.) Limited for acting as investment adviser, as well as for acting as a sub-adviser, custodian, sub-administrator, or provider of other services which are not investment advisory services, for the B/B Fund, in connection with the investment in the B/B Fund by Client Plans for which the Bank acts as a fiduciary.

Grant; PTE 1998-49

D-10349

G: 63 FR 56227 (10/21/98)

P: 63 FR 42068 (08/06/98)

Harris Trust & Savings Bank (Harris Trust)

Permits, effective March 21, 1997, the acquisition by employee benefit plans (the Plans), including two plans sponsored by Harris Trust for its own employees, of shares of any open-ended investment companies (the Funds) registered under the Investment Company Act of 1940 for which Harris Trust is an investment adviser and may provide other services, with Plan assets transferred in-kind to the Funds from certain collective investment funds (CIFs) maintained by Harris Trust, in connection with the termination of the CIFs. Also permits, effective March 21, 1997, the receipt of fees by Harris Trust from the Funds for acting as an investment advisor for the Funds, as well as for acting as the custodian, transfer agent, sub-administrator for the Funds, or for providing any other “secondary service” to the Funds, in connection with the investment in the shares of the Funds by Plans for which Harris Trust is a fiduciary, other than the in house plans of Harris Trust.

Grant; PTE 1998-46

D-10503

G: 63 FR 53722 (10/06/98)

P: 63 FR 29443 (05/29/98)

Sanwa Bank California (Sanwa Bank)

Permits, effective October 31, 1997, the purchase by an employee benefit plan established and maintained by parties other than Sanwa Bank (the Client Plan) or by Sanwa Bank (the Bank Plan) of shares of one or more open-end management investment companies (the Fund(s)) in exchange for assets of the Plan transferred in-kind to the Fund by a collective investment fund (CIF) maintained by Sanwa Bank, where Sanwa Bank is the investment adviser and may provide other services to the Fund and where Sanwa Bank is also a fiduciary of the Plan, in connection with the termination of such CIFs. Also permits, effective October 31, 1997, (1) the receipt of fees by Sanwa Bank from the Funds for investment advisory services provided to the Funds; and (2) the receipt or retention of Fees by Sanwa Bank from the Funds, as well as for providing any other services to the Funds which are not investment advisory services (i.e., Secondary Services), in connection with the investment of shares in the Funds by the Client Plans for which Sanwa Bank acts as a fiduciary.

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Lease by Plan of Real Property

Grant; PTE 1998-36

D-10525

G: 63 FR 38853 (07/20/98)

P: 63 FR 29456 (05/29/98)

Collection Bureau Services Profit Sharing Plan and Trust (the Plan)

Permits (1) the proposed lease (the Lease) by the Plan of certain improved real property (Property) to Collection Bureau Services (the Employer), a party in interest with respect to the Plan, and (2) the possible purchase of the Property by the Employer in the future, pursuant to the Employer’s option to purchase the Property under the Lease.

Grant; PTE 1998-22

D-10461, D-10462 and D-10463

G: 63 FR 27329 (05/18/98)

P: 63 FR 66685 (12/19/97)

See summary for the Fortunoff Pension Plans under Exchanges.

Grant; PTE 1998-20

D-10355

G: 63 FR 27328 (05/18/98)

P: 63 FR 6214 (02/06/98)

Equitable Life Assurance Society of the United States (Equitable)

Permits the past and continuing lease of commercial space in One Boston Place by Equitable Separate Account No. 8, also known as the Prime Property Fund, to an Equitable affiliate, Equitable Real Estate Investment Management, Inc.

Grant; PTE 1998-18

L-10527

G: 63 FR 19959 (04/22/98)

P: 63 FR 9867 (02/26/98)

Consolidated Association of Railroad Employees Health Care Plan (the Plan)

Permits, effective June 10, 1997, (1) the current leasing (the Lease) of certain real property (the Property) by the Plan to Century Health Solutions, Inc. (Century), a party in interest with respect to the Plan; (2) the proposed new leasing of substantially the same Property by the Plan to Century (or its successor in name), effective April 1, 1998; and (3) the possible future sale of the Property by the Plan to Century (or its successor in name) pursuant to a right of first refusal under the terms of the Lease.

Grant; PTE 1998-07

D-10236

G: 63 FR 8497 (02/19/98)

P: 62 FR 66669 (12/19/97)

The Equitable Life Assurance Society of the United States (Equitable)

Permits (1) the leasing of 13,086 square feet of office space and 6,650 square feet of parking space by Equitable Real Estate Investment Management, Inc. (ERE) until June 30, 2002; and (2) the leasing of 5,821 square feet of office space and 3584 square feet of parking space by ERE's subsidiary, Compass Management and Leasing, Inc. until August 31, 1999, in office buildings located in Orange County, California, that will be held by the Equitable Separate Account No. 8, also known as the Prime Property Fund and to the 1996 renewal of the original leases.

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Loan by Plan

Grant; PTE 1998-44

D-10572

G: 63 FR 49611 (09/16/98)

P: 63 FR 38859 (07/20/98)

R&J Hoffman, Inc. Profit Sharing Plan (the Plan)

Permits (1) the loan (the Loan) of $53,240 by the Plan to R & J Hoffman, Inc., a disqualified person with respect to the Plan; and (2) the personal guarantee of the Loan by Richard and Angel Hoffman.

Grant; PTE 1998-34

D-10588 and D-10589

G: 63 FR 36963 (07/08/98)

P: 63 FR 27332 (05/18/98)

Karen J. Hartley Profit Sharing Plan and Karen J. Hartley Money Purchase Plan and Trust Agreement (the Plans)

Permits the loan by the Plans to Karen J. Hartley, the trustee and sole participant in the Plans and a disqualified person with respect to the Plans.

Grant; PTE 1998-33

D-10529

G: 63 FR 36963 (07/08/98)

P: 63 FR 29458 (05/29/98)

Breland Investments, Inc. Profit Sharing Plan and Trust (the Plan)

Permits (1) the proposed loan (Loan) by the individually directed account in the Plan of Dr. Albert E. Breland (Dr. Breland) to Mesa Scholastic Enterprises, a disqualified person with respect to the Plan, and (2) the personal guarantee of the Loan by Dr. Breland, a disqualified person with respect to the Plan.

Grant; PTE 1998-01

D-10452

G: 63 FR 1979 (01/13/98)

P: 62 FR 51692 (10/02/97)

The Sperry Rail, Inc. Retirement Plan (the Plan)

Permits a loan by the Plan of $965,000 to Sperry Rail, Inc., the Plan sponsor and a party in interest with respect to the Plan.

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Mistake

Grant; PTE 1998-48

L-10536 and D-10537

G: 63 FR 53729 (10/06/98)

P: 63 FR 35289 (06/29/98)

ACRA Local 725 Health & Welfare Fund (the Welfare Plan) and ACRA Local 725 Pension Fund (the Pension Plan; together, the Plans)

Permits the payment of interest by the Pension Plan to the Welfare Plan on past mistaken contributions pursuant to an indemnification agreement by the Board of Trustees of the Pension Plan with respect to the mistaken contributions.

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Motor Vehicle Leases/Motor Vehicles

Grant; PTE 1998-56

D-10438

G: 63 FR 65245 (11/25/98)

P: 63 FR 36946 (07/08/98)

Toyota Motor Credit Corporation (TMCC)

Permits, effective September 1, 1997, the following transactions involving trusts and certificates evidencing interests therein: (1) the direct or indirect sale, exchange or transfer of certificates in the initial issuance of certificates between the sponsor or underwriter and an employee benefit plan when the sponsor, servicer, trustee or insurer of a trust, the underwriter of the certificates representing an interest in the trust, or an obligor is a party in interest with respect to such plan; (2) the direct or indirect acquisition or disposition of certificates by a plan in the secondary market for such certificates; and (3) the continued holding of certificates acquired by a plan pursuant to the sections above. Also permits, effective September 1, 1997, the direct or indirect sale, exchange or transfer of certificates in the initial issuance of certificates between the sponsor or the underwriter and a plan when the person who has discretionary authority or renders investment advice with respect to the investment of plan assets in the certificates is (a) an obligor with respect to 5 percent or less of the fair market value of obligations or receivables contained in the trust, or (b) an affiliate of such obligor. Further, permits transactions in connection with the servicing, management and operation of a trust.  Finally, the exemption permits, effective September 1, 1997, any transactions to which ERISA’s restrictions or the Code sanctions would apply merely because a person is a party in interest or a disqualified person with respect to a plan by virtue of providing services (or by having a relationship with a service provider), solely because of the plan’s ownership of certificates.

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Opportunity Costs Involved

Grant; PTE 1998-42

D-10483

G: 63 FR 46240 (08/31/98)

P: 63 FR 35281 (06/29/98)

See summary for the Van Ness Plastic Molding Co., Inc. Plan under Restorative Payments.

Grant; PTE 1998-30

D-10524

G: 63 FR 33731 (06/19/98)

P: 63 FR 19950 (04/22/98)

See summary for the Jack Mayesh Wholesale Florist Plan under Sale by Plan of Real Property.

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Option to Purchase

Grant; PTE 1998-36

D-10525

G: 63 FR 38853 (07/20/98)

P: 63 FR 29456 (05/29/98)

See summary for the Collection Bureau Services Plan under Lease by Plan of Real Property.

Grant; PTE 1998-18

L-10527

G: 63 FR 19959 (04/22/98)

P: 63 FR 9867 (02/26/98)

See summary for the Consolidated Association of Railroad Employees Health Care Plan under Lease by Plan of Real Property.

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Other Transactions

Grant; PTE 1998-53

D-10324

G: 63 FR 60408 (11/09/98)

P: 63 FR 38855 (07/20/98)

See summary for PIA under Purchase by Plan of Other Assets.

Grant; PTE 1998-35

D-10546

G: 63 FR 36943 (07/08/98)

P: 63 FR 15228 (03/30/98)

See summary for the Amalgamated Bank under Provision of Services.

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Pooled Fund – Insurance Company

Grant; PTE 1998-28

D-10396

G: 63 FR 33727 (06/09/98)

P: 63 FR 6217 (02/06/98)

See summary for MassMutual under Coinvesting.

Grant; PTE 1998-20

D-10355

G: 63 FR 27328 (05/18/98)

P: 63 FR 6214 (02/06/98)

See summary for Equitable under Lease by Plan of Real Property.

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Pooled Fund – Mutual Fund

Grant; PTE 1998-49

D-10349

G: 63 FR 56227 (10/21/98)

P: 63 FR 42068 (08/06/98)

See summary for Harris Trust under In Kind Purchases.

Grant; PTE 1998-46

D-10503

G: 63 FR 53722 (10/06/98)

P: 63 FR 29443 (05/29/98)

See summary for Sanwa Bank under In Kind Purchases.

Grant; PTE 1998-25

D-10410

G: 63 FR 31528 (06/09/98)

P: 63 FR 9862 (02/26/98)

See summary for the OLDE Plan under Receipt of Fees.

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