Permits the purchase or redemption of shares, by a self-directed IRA, of investment portfolios of certain mutual funds that were affiliated with Keystone or in other mutual funds that were unaffiliated with Keystone, in connection with the IRA’s participation in the KeyPremier Nautilus Series Program, or its successor, the Nautilus Series Program.

Also permits: (1) The provision, by Keystone, of asset allocation and related services to an independent fiduciary of an IRA, which resulted in the selection of Portfolios in the Investment Advisory Program by the independent fiduciary for the investment of IRA assets.  (2) The receipt of fees by certain affiliates of Keystone, in connection with provision of investment advisory or sub-advisory services to the Fund portfolios.

Grant; PTE 2001-32

D-10926

G: 66 FR 46823 (09/07/01)

P: 66 FR 36005 (07/10/01)

Development Company Funding Corporation

Effective as of August 25, 2000, this exemption involves an SBA program to provide financing for small businesses. The financing is provided through the sale of certificates representing a beneficial ownership interest in a pool of debentures held in trust.  The exemption provides relief for a plan's purchase of certificates, 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: (1) Relief from sections 406(a) and 407(a) of the Act is provided for 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) Relief from sections 406(b)(1) and (b)(2) of the Act is provided for the sale 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 obligated to make payment on a loan related to a debenture 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) Relief from sections 406(a), 406(b) and 407(a) of the Act is provided for transactions in connection with the servicing, management and operation of the trusts.

Grant; PTE 2001-35

D-10928

G: 66 FR 49419 (09/27/01)

P: 66 FR 39357 (07/30/01)

Riggs Bank, N.A. (Riggs)

See summary for Riggs under Extension of Credit to Plan.

Grant; PTE 2001-21

D-10942

G: 66 FR 34466 (06/28/01)

P: 66 FR 15897 (03/21/01)

Bank of America (BofA)

Permits: (1) The granting to BofA by Westbrook Real Estate Fund IV, L.P. (the LP), a Delaware Limited Partnership, of a first, exclusive, and prior security interest in the capital commitments, reserve amounts and capital contributions (Capital Contributions), whether now owned or after-acquired, of certain employee benefit plans (Plans) investing in the LP.  (2) The collateral assignment and pledge by the LP to BofA of its security interest in each Plan’s limited partnership interest, whether now owned or after-acquired.  (3) The granting by the LP of a first, exclusive, and prior security interest in a borrower collateral account to which all Capital Contributions will be deposited when paid.  (4) The granting to BofA by Westbrook Real Estate Partners Management IV, L.L.C., a Delaware limited liability company and the general partner of the LP (the General Partner), of its right to make calls for cash contributions (Drawdowns) under the Amended and Restated Agreement of Limited Partnership of Westbrook Real Estate Fund IV, L.P., dated as of September 15, 2000, where BofA is the representative of certain lenders (the Lenders) that will fund a so-called “credit facility” providing credit to the LP, and the Lenders are parties in interest with respect to the Plans.  (5) The execution of a partner agreement and estoppel under which the Plans agree to honor the Drawdowns.

Grant; PTE 2001-44

D-10979

G: 66 FR 56133 (11/06/01)

P: 66 FR 40743 (08/03/01)

Anthem Insurance Companies, Inc. (Anthem)

Permits, effective October 24, 2001: The receipt, by a Plan or by a Plan participant (the Plan Participant) that is an eligible member, by reason of the ownership of an insurance policy or contract issued by Anthem, of common stock issued by Anthem, Inc., a newly-formed holding company or cash, in exchange for such Plan's or Plan Participant's mutual membership interest in Anthem, in accordance with a plan of conversion adopted by Anthem and implemented under Indiana law. This is the first demutualization case where the consideration was passed by the insurer directly to Plan participants who were the legal contractholders of the company as required under Indiana law.

Grant; PTE 2001-36

D-10940

G: 66 FR 49420 (09/27/01)

P: 66 FR 40743 (08/03/01)

Principal Mutual Holding Company (PMHC)

Permits: (1) The receipt of shares of common stock (Common Stock) issued by Principal Financial Group, Inc., the successor entity to PMHC.  (2) The receipt of cash or policy credits by any eligible policyholder (the Eligible Policyholder) of Principal Life Insurance Company, a subsidiary of PMHC, which is an employee benefit plan (the Plan), including a Plan sponsored by Principal and its affiliates (the Principal Plan), in exchange for such Eligible Policyholder's mutual membership interest in PMHC, pursuant to a plan of conversion (the Plan of Conversion) adopted by PMHC and implemented in accordance with Iowa Insurance Law. In addition, this exemption permits the receipt and holding, by a Principal Plan, of Common Stock, whose fair market value exceeds 10 percent of the value of the total assets held by such Plan.

Grant; PTE 2001-22

D-10943

G: 66 FR 34469 (06/28/01)

P: 66 FR 19534 (04/16/01)

Phoenix Home Life Mutual Insurance Company (Phoenix)

Permits: (1) The receipt of common stock (Stock) of The Phoenix Companies, Inc., the parent of Phoenix.  (2) The receipt of cash (Cash) or Policy Credits, by or on behalf of any Eligible Policyholder of Phoenix which is an employee benefit plan (a Plan), including any Eligible Policyholder that is a Plan maintained by Phoenix or its affiliates (the Phoenix Plan), in exchange for such Eligible Policyholder's membership interest in Phoenix, in accordance with the terms of a plan of reorganization adopted by Phoenix and implemented pursuant to section 7312 of the New York Insurance Law. This exemption further permits the receipt and holding of the Stock, by a Phoenix Plan, whose fair market value exceeds 10 percent of the value of the total assets held by such Plan.

Grant; PTE 2001-17

D-10930

G: 66 FR 22611 (05/04/01)

P: 66 FR 7802 (01/25/01)

Indianapolis Life Insurance Company (Indianapolis Life) and AmerUs Group Co. (AmerUs Group)

Permits: (1) The receipt of common stock (the Common Stock) issued by AmerUs Group Co. (AmerUs Group), the parent of ILC.  (2) The receipt of cash or policy credits, by or on behalf of a policyowner of Indianapolis Life (the Eligible Member), which is an employee benefit plan, including an employee benefit plan that is sponsored by Indianapolis Life and its affiliates for their own employees, in exchange for such Eligible Member’s membership interest in Indianapolis Life, in accordance with the terms of a plan of conversion (the Plan of Conversion), implemented under Indiana law.  (3) The receipt or holding by the Indianapolis Life Insurance Company Group Term Life Insurance Plan for Employees, Plan No. 505, of employer securities in the form of excess AmerUs Group Common Stock, in accordance with the Plan of Conversion.

Grant; PTE 2001-22

D-10943

G: 66 FR 34469 (06/28/01)

P: 66 FR 19534 (04/16/01)

Phoenix

See summary for Phoenix under Demutualization.

Grant; PTE 2001-36

D-10940

G: 66 FR 49420 (09/27/01)

P: 66 FR 40736 (08/03/01)

PMHC

See summary for PMHC under Demutualization.

Grant; PTE 2001-17

D-10930

G: 66 FR 22611 (05/04/01)

P: 66 FR 7802 (01/25/01)

Indianapolis Life

See summary for Indianapolis Life under Demutualization.

Grant; PTE 2001-10

D-10909

G: 66 FR 15907 (03/21/01)

P: 65 FR 76304 (12/06/00)

Cranston Retirement Plan

See summary for the Cranston Retirement Plan under Purchase by Plan of Employer Securities.

Grant; PTE 2001-42

D-10977

G: 66 FR 53452 (10/22/01)

P: 66 FR 39367 (07/30/01)

Columbia Savings Plan

See summary for the Columbia Savings Plan under Rights Offering.

Grant; PTE 2001-30

D-10998

G: 66 FR 45342 (08/28/01)

P: 66 FR 36010 (07/10/01)

J.P. Morgan Chase & Co., et al.

See summary for J.P. Morgan under Purchase by Plan of Other Securities.

Grant; PTE 2001-11

D-10760

G: 66 FR 17738 (04/03/01)

P: 66 FR 10521 (02/15/01)

Salomon Smith Barney, et al.

See summary for Salomon Smith Barney, et al. under Purchase by Plan of Other Securities.

Grant; PTE 2001-35

D-10928

G: 66 FR 49419 (09/27/01)

P: 66 FR 39357 (07/30/01)

Riggs Bank N.A. (Riggs)

Permits: The extension of credit by Riggs to a participant-directed individual account plan; and the plan's repayment of the advances plus accrued interest.

Grant; PTE 2001-07

D-10855

G: 66 FR 10323 (02/14/01)

P: 65 FR 56715 (09/19/00)

American Express Financial Corporation (AEFC)

Permits: The acquisition, holding and disposition of the common stock of American Express Company or its current or future affiliates by Index and Model-Driven Funds that are managed by AEFC and its affiliates.

Grant; PTE 2001-18

D-10938

G: 66 FR 22615 (05/04/01)

P: 66 FR 10529 (02/15/01)

UAM Fund Services, Inc.

Permits: (1) The acquisition of shares of one or more of the UAM Funds (Shares) by a Plan for which a Fund Adviser serves as investment manager, through the in-kind exchange of the Plan’s assets held in one or more separate accounts (each, an Account) maintained by a Fund Adviser.  (2) The redemption of Shares by a Plan for which a Fund Adviser serves as investment manager, through the in-kind exchange of assets from one or more UAM Funds to one or more Account(s).

Grant; PTE 2001-04

D-10538

G: 66 FR 7786 (01/25/01)

P: 65 FR 60456 (10/11/00)

SEI Investments Company, et al. (SEI)

Permits, effective June 19, 1996: The purchase of shares of one or more open-end management investment companies registered under the Investment Company Act of 1940, to which SEI or its affiliates serve as investment adviser and may provide other services, by an employee benefit plan whose assets are held by SEI as trustee, investment manager, or as a discretionary fiduciary, in exchange for securities held by the Plan in an account with SEI.

Grant; PTE 2001-46

D-10848

G: 66 FR 64280 (12/12/01)

P: 66 FR 39351 (07/30/01)

Bank of America Corporation

Permits, effective August 1, 2001: Certain in-kind redemptions by the NationsBank Cash Balance Plan, an in-house plan, of shares of proprietary mutual funds offered by investment companies for which Bank of America, N.A. or an affiliate thereof provides investment advisory and other services.

Grant; PTE 2001-18

D-10938

G: 66 FR 22615 (05/04/01)

P: 66 FR 10529 (02/15/01)

UAM Fund Services, Inc.

See summary for UAM Fund Services, Inc. under In-Kind Purchase.

Grant; PTE 2001-25

D-10990

G: 66 FR 40734 (08/03/01)

P: 66 FR 30018 (06/04/01)

The Joliet Medical Group, Ltd. Employee Retirement Plan and Trust

Permits, effective November 1, 1999: The past and continued leasing by the Plan of a medical clinic located at 2100 Glenwood Avenue, Joliet, Illinois, to Joliet Medical Group, Ltd., the Plan sponsor.

Grant; PTE 2001-01

D-10713, D-10717

G: 66 FR 4042 (01/17/01)

P: 65 FR 62761 (10/19/00)

General Motors Hourly-Rate Employees Pension Plan, et al.

Permits, effective December 17, 1998: (1) The past and continuing lease (the Lease) by the Plans to C.B. Richard Ellis, Inc. (Ellis), a party in interest with respect to the Plans, of commercial space in a certain office building.  (2) The exercise by Ellis of an option to renew the Lease for one additional term.

Grant; PTE 2001-21

D-10942

G: 66 FR 34466 (06/28/01)

P: 66 FR 15897 (03/21/01)

Bank of America

See summary for Bank of America under Credit Facility Arrangement.

Grant; PTE 2001-39

D-10960 D-10971

G: 66 FR 53439 (10/22/01)

P: 66 FR 15900 (03/21/01)

Independent Fiduciary Services, Inc. (IFS)

Exemption is effective as of November 3, 2000. In Application Number D-10960, IFS acting as named fiduciary for an account (the Diplomat Account) that holds on behalf of the Plumbers and Pipe Fitters National Pension Fund (the Fund) interests in a limited partnership (the Partnership), the sole asset of which is commonly known as the Diplomat Resort Hotel and Country Club (the Property) - sought and received relief similar to that provided to qualified professional assets managers under Prohibited Transaction Class Exemption 84-14 (PTCE 84-14). The relief was necessary because IFS does not satisfy the Diverse Clientele Test found in Part I(e) of PTCE 84-14.

In application number D-10971, IFS requested and received a change to the administrative exemption (PTE 99-46) which allowed the Fund to acquire the Property from the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO. The requested change to PTE 99-46 modifies a material representation that the total amount of the Fund assets at risk (i.e., the Fund's investment in the Partnership plus any recourse debt in excess of the value of the assets in the Partnership) as a result of the acquisition and development of the Property would not exceed 13 percent of the Funds assets (the 13% Limitation). In light of the fact that IFS expects to exceed the 13% Limitation before the development of the Property is finished, IFS requested that the Fund be permitted to expend up to $800 million to complete the project. In the opinion of LaSalle Investment Management, Inc., the Fund's real estate manager, the additional funding of up to $800 million is sufficient to complete the development of the Property and is the best financing solution currently available to the Partnership, prior to completion of the project.

Grant; PTE 2001-16

D-10584

G: 66 FR 22607 (05/04/01)

P: 66 FR 10514 (02/15/01)

New York Life Insurance Company (NYLIC)

Permits: (1) The sales of insurance and annuity contracts, including a certain synthetic GIC, issued by NYLIC, and shares of mutual funds underwritten by NYLIC, to tax-qualified retirement plans that participate in a collective investment trust maintained by an affiliate of NYLIC.  (2) The receipt of commissions and other fees, including Rule 12b-1 fees, by NYLIC, its employees, brokers, and agents in connection with the sales of such insurance contracts and mutual funds to plans.

Grant; PTE 2001-10

D-10909

G: 66 FR 15907 (03/21/01)

P: 65 FR 76304 (12/06/00)

Cranston Print Works Company General Employees' Retirement Plan

Permits: (1) The purchase by the Plan of shares of common stock (the Stock) of Cranston Print Works Company (Cranston) from Cranston, the Plan’s sponsor.  (2) The Plan’s holding of the Stock.  (3) The acquisition and holding by the Plan of an irrevocable put option, which permits the Plan to sell the Stock to Cranston at a price which is the greater of: (i) the fair market value of the Stock determined by an independent appraisal at the time of the exercise of the Put Option, or (ii) the price at which the Stock originally was sold by Cranston to the Plan.  (4) The possible future repurchase of the Stock by Cranston pursuant to the Put Option. It is represented that the acquisition of the Stock by the Plan will violate section 407(f)(1)(B) of ERISA. Therefore, section 408(e) will be inapplicable with respect to such purchase or future sale of the Stock.

Grant; PTE 2001-30

D-10998

G: 66 FR 45342 (08/28/01)

P: 66 FR 36010 (07/10/01)

J.P. Morgan Chase & Co. and its Affiliates (the Applicants)

Permits: (1) The purchase or sale by employee benefit plans, other than Plans sponsored by the Applicants, of publicly-traded debt securities (the Debt Securities) issued by the Applicants.  (2) The extension of credit by the Plans to the Applicants in connection with the holding of the Debt Securities.

Grant; PTE 2001-14

D-10571

G: 66 FR 19527 (04/16/01)

P: 66 FR 6679 (01/22/01)

Keystone Brokerage, Inc.

See summary for Keystone under Asset Allocation Services.

Grant; PTE 2001-13

D-10947

G: 66 FR 17740 (04/03/01)

P: 66 FR 7810 (01/25/01)

The Amalgamated Cotton Garment & Allied Industries Fund-Retirement Fund (the Cotton Pension Fund)

Permits, effective March 26, 2001 or the date on which the transaction closes: The purchase by the Cotton Pension Fund from the Amalgamated Insurance Fund‑Insurance Fund, a party in interest with respect to the Cotton Pension Fund, of 100 percent of the outstanding stock of ALICO Services Corporation, a service provider to the Cotton Pension Fund.

Grant; PTE 2001-11

D-10760

G: 66 FR 17738 (04/03/01)

P: 66 FR 10521 (02/15/01)

Salomon Smith Barney Inc., et al.

See summary for Salomon Smith Barney et al. under Purchase by Plan of Other Securities.

Grant; PTE 2001-34

D-10911

G: 66 FR 49418 (09/27/01)

P: 66 FR 36002 (07/10/01)

Deferred Profit Sharing Plan of the Penske Corporation

Permits effective June 15, 2000: (1) The acquisition and holding by the Plan of interests in the Penske Company, LLC (the LLC), a wholly owned subsidiary of the Plan sponsor, the Penske Corporation, which were distributed as dividends to the Plan as a shareholder of Penske common stock.  (2) The proposed redemption, by the LLC, of the Interests held by the Plan for the greater of $3.37 per unit or their fair market value at the date of the redemption.

Grant; PTE 2001-23

D-10876

G: 66 FR 40733 (08/03/01)

P: 66 FR 19532 (04/16/01)

Retirement Plan of Plumbers and Steamfitters Local 489

Permits: The cash sale of certain real property to the Plan by the Plumbers and Steamfitters Local No. 489, the union which sponsors the Plan.