|
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PTE 2006-01
|
D-11216
|
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G: 71 FR 14005 (03/20/06)
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P: 70 FR 37437 (06/29/05)
|
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Edward D. Jones & Co., L.P. (the Applicant)
|
|
Permits the extension of credit to
the Applicant by certain individual retirement accounts (the IRAs) whose assets are held in
custodian accounts by the Applicant, a party in
interest and a disqualified person with respect to the
IRAs, in connection with the Applicant's use of
uninvested IRA cash balances in such accounts.
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|
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PTE 2006-02
|
D-11306
|
|
G: 71 FR 14008 (03/20/06)
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P: 70 FR 76870 (12/28/05)
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|
Pennsylvania Institute of
Neurological Disorders, Inc. Profit Sharing Plan (the
Plan)
|
|
Permits the proposed sale by the
Plan of a parcel of unimproved real property known as
Lot 20, Section “F”, Monroe Manor, Inc., to
Mahmood Nasir, M.D., a party in interest with respect
to the Plan.
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|
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PTE 2006-03
|
D-11313
|
|
G: 71 FR 14008 (03/20/06)
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P: 70 FR 76872 (12/28/05)
|
|
The Zieger Health Care Corporation
Retirement Fund (the Plan)
|
|
Permits (1) the in-kind
contribution and transfer to the Plan by Zieger Health
Care Corporation (ZHCC), acting through its
wholly-owned subsidiary, Botsford General Hospital
(the Hospital), both of which are parties in interest
with respect to the Plan, of the Hospital’s right,
title and interest in five (5) limited liability
corporations (collectively, the LLCs or individually
an LLC) where the sole asset of each such LLC is one
of five (5) parcels of improved real property situated
in southern Michigan (individually, an Underlying
Property, collectively, the Properties); (2) the
holding by the Plan of ownership interests in the LLCs
that own the Properties; (3) the leaseback by the Plan
to the Hospital of the Underlying Property held by
each of the LLCs (individually, the Leases or
collectively, the Leases); (4) the sale of an
Underlying Property (or ownership interest in an LLC,
as the case may be) by the Plan to ZHCC or its
affiliates, pursuant to a right of first offer (the
RFO), as described in each Lease, at any time during
the term of such Lease; and (5) any payment or
payments to the Plan by the Hospital, pursuant to
contingent rent payments, as described in each Lease,
during the term of such Lease.
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|
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PTE 2006-04
|
D-11325
|
|
G: 71 FR 14011 (03/20/06)
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P: 70 FR 76882 (12/28/05)
|
|
The Donlar Corporation Profit
Sharing Plan (the Plan)
|
|
Permits, in connection with the
termination of the Plan, the cash sale of a parcel of
improved real property owned by the
Plan to Mr. Donald A. Kainz, a party in interest with
respect to the Plan.
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|
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PTE 2006-05
|
L-11293
|
|
G: 71 FR 14012 (03/20/06)
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P: 70 FR 66856 (11/03/05)
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|
Anchorage Area Pipe Trades 367
Joint Apprenticeship Committee (the Plan)
|
|
Permits the proposed loan to the
Plan, to finance a training facility constructed by
the Plan, in the amount of $750,000, by the Local No.
367 of the United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting Industry
of the United States and Canada, a party in interest
with respect to the Plan.
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|
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PTE 2006-07
|
D-11281
|
|
G:
71 FR 32135 (06/02/06)
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P:
71 FR 7628 (02/13/06)
|
|
Harris Nesbitt Corporation (Harris
Nesbitt) and Its Affiliates (the Affiliates)
|
|
Permits, effective October 15, 2004
(1) the direct or indirect sale, exchange or transfer
of securities in the initial issuance of securities
between the sponsor or underwriter and an employee
benefit plan when the sponsor, servicer, trustee or
insurer of an issuer, the underwriter of the
securities representing an interest in the issuer, or
an obligor is a party in interest with respect to such
plan; (2) the direct or indirect acquisition or
disposition of securities by a plan in the secondary
market for such securities; and (3) the continued
holding of securities acquired by a plan. Also
permits, effective October 15, 2004, (1) the direct or
indirect sale, exchange or transfer of securities in
the initial issuance of securities between the sponsor
or 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
securities is (a) an obligor with respect to 5 percent
or less of the fair market value of obligations or
receivables contained in the issuer, or (b) an
affiliate of a person described in (a). Further,
permits, effective October 14, 2004, transactions in
connection with the servicing, management and
operation of an issuer, including the use of any
eligible swap transaction; or the defeasance of a
mortgage obligation held as an asset of the issuer
through the substitution of a new mortgage obligation
in a commercial mortgage-backed designated
transaction. Finally, permits, effective October 14,
2004, any transactions to which those restrictions or
taxes would otherwise apply merely because a person is
deemed to be a party in interest or disqualified
person (including a fiduciary), with respect to a plan
(or by virtue of having a relationship to such service
provider described in section 3(14)(F), (G), (H) or
(I) of ERISA or section 4975(e)(2)(F), (G), (H) or (I)
of the Code, solely because of the plan’s ownership
of securities.
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|
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PTE 2006-08
|
D-11307, D-11308 and D-11309
|
|
G:
71 FR 32141 (06/02/06)
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P:
71 FR 7647 (02/13/06)
|
|
Fortunoff Fine Jewelry and Silverware Inc. Cash Balance Pension Plan, M. Fortunoff of Westbury Corp. Cash Balance Pension Plan, and Fortunoff Fine Jewelry and Silverware, Inc. Profit Sharing Plan (collectively, the Plans)
|
|
Permits (1) effective November 26,
2003 until February 28, 2005, the leasing of certain
improved real property (the Property) by the Plans
directly and then through One MH Plaza Realty LLC (the
Plans’ LLC), a special purpose entity designed to
hold the Plans’ interests in the Property, to
Fortunoff Fine Jewelry and Silverware, Inc. (FFJS)
under the provisions of a written lease (the Interim
Lease); and (2) effective March 1, 2005 through August
31, 2006, the 18 month extension of the Interim Lease
between the Plans through the Plans’ LLC and FFJS
and its successors in interest, Fortunoff Fine Jewelry
and Silverware, LLC and M. Fortunoff of Westbury, LLC.
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|
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PTE 2006-09
|
D-11033
|
|
G:
71 FR 48788 (08/21/06)
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P:
71 FR 25230 (04/28/06)
|
|
The Southwest Gas Corporation
(Southwest Gas)
|
|
Permits the direct or indirect
purchase, from Southwest Gas, of the common stock of
Southwest Gas by an individual retirement account
(IRA) that is (1) established for the benefit of a
non-employee of Southwest Gas, (2) operated pursuant
to the terms of the Southwest Gas Dividend
Reinvestment and Stock Purchase Plan, and (3)
maintained in part through administrative services
provided by Southwest Gas, a disqualified person with
respect to the IRA.
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|
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PTE 2006-10
|
D-11228
|
|
G:
71 FR 48789 ((08/21/06)
|
P:
71 FR 25233 (04/28/06)
|
|
Massachusetts Mutual Life Insurance
Company (MassMutual)
|
|
Permits (1) the extension of credit
(Market Rate Advance or Advances) by MassMutual to a
participant-directed individual account plan (the
Plan); and (2) the Plan’s repayment of a Market Rate
Advance or Advances, plus accrued interest. Also
permits (1) the interest-free extension of credit
(Interest-Free Advance) to a Plan by its respective
sponsor; and (2) the repayment, by the Plan to the
Plan sponsor, of any Interest-Free Advance.
|
|
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PTE 2006-11
|
D-11355
|
|
G:
71 FR 48791 (08/21/06)
|
P:
71 FR 32132 (06/02/06)
|
|
The Revlon Employees Savings,
Investment and Profit Sharing Plan (the Plan)
|
|
Permits, effective February 17,
2006, (1) the acquisition of certain stock rights
(Stock Rights) by the Plan in connection with a
Stock Rights offering by Revlon, Inc. (Revlon), a
holding company that wholly owns Revlon Consumer
Products Corporation, a party in interest with respect
to the Plan; (2) the holding of the Stock Rights by
the Plan during the subscription period of the Stock
Rights offering; and (3) the disposition or exercise
of the Stock Rights by the Plan.
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|
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PTE 2006-12
|
L-11258
|
|
G:
71 FR 48791 (08/21/06)
|
P:
71 FR 32129 (06/02/06)
|
|
Retail Clerks Welfare Trust Health
and Welfare Plan (the Plan)
|
|
Permits, effective July 1, 2005,
the purchase by Plan participants and beneficiaries of
prescription drugs from pharmacies established and
maintained by contributing employers to the Plan, or
their affiliates, which are parties in interest with
respect to the Plan.
|
|
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PTE 2006-13
|
D-11330
|
|
G: 71 FR 57007 (09/28/06)
|
P: 71 FR 41471 (07/21/06)
|
|
The Young Men’s Christian
Association Retirement Fund-Retirement Plan (the Plan)
|
|
Permits, effective July 1, 2006,
(1) any arrangement, agreement or understanding
between the Plan and any participating employer whose
employees are covered by the Plan, whereby the time is
extended for the making of a contribution by such a
participating employer to such Plan; and (2) a
determination by the Plan to consider a contribution
due to the Plan from any participating employer any of
whose employees are covered by the Plan as
uncollectible and to terminate effectors to collect
such contribution.
|
|
|
PTE 2006-14
|
D-11350
|
|
G: 71 FR 57008 (09/28/06)
|
P: 71 FR 41475 (07/21/06)
|
|
The Little Rock Diagnostic Clinic,
P.A. Profit Sharing Plan (the Plan)
|
|
Permits the proposed cash sale by
the Plan of a leased fee interest in certain real
property to LRDC Real Estate, LLC, a party in interest
with respect to the Plan.
|
|
|
PTE 2006-15
|
D-11039
|
|
G:
71 FR 62612 (10/26/06)
|
P:
67 FR 44643 (07/03/02)
|
|
Grant of Individual Exemption to
Amend Prohibited Transaction Exemption (PTE) 95-31
Involving the Financial Institutions Retirement Fund
(the Fund) and the Financial Institutions Thrift Plan
(the Thrift Plan)
|
|
PTE 95-31 permits the provision of
certain services and the receipt of compensation for
such services by Pentegra Services, Inc. (Pentegra), a
wholly owned, for-profit subsidiary corporation of the
Fund, to employers (the Employers) that participate in
the Fund and the Thrift Plan, and employee benefit
plans (the Plans), sponsored by such Employers. This
exemption expands the scope of PTE 95-31 by permitting
the provision of certain trust services and the
receipt of compensation for such services by Trustco
(a wholly-owned, for-profit subsidiary corporation of
the Fund that will provide directed, non-discretionary
trust services) to the Plans, the Thrift Plan, and
individual retirement accounts established by certain
employees, officers, directors and/or shareholders of
the Employers. In addition, the exemption permits the
provision of certain services by Pentegra to the
Thrift Plan and the IRAs; and the receipt of
compensation by Pentegra in connection therewith.
|
|
|
PTE 2006-17
|
D-11375
|
|
G:
71 FR 67915 (11/24/06)
|
P:
71 FR 56560 (09/27/06)
|
|
Frank D. May, D.M.D., P.A. 401(k)
Profit Sharing Plan and Trust (the Plan)
|
|
Permits the proposed sale of shares
of stock in Diente Y Clavo, S.A. from the
individually directed account in the
Plan of Frank D. May, D.M.D. to Frank D. May, D.M.D.,
a party in interest with respect to the Account.
|
|
|
PTE 2006-18
|
D-11392
|
|
G:
71 FR 67915 (11/24/06)
|
P:
71 FR 56563 (09/27/06)
|
|
Amendment to Prohibited Transaction
Exemption (PTE) 2001-32 Involving Development Company
Funding Corporation
|
|
Amends Section II.D. of PTE 2001-32
to read: “The Trustee is not an affiliate of any
other member of the Restricted Group, other than,
effective on or after October 1, 2006, the Central
Servicing Agent.” The amendment is effective as of
October 1, 2006.
|
|
|
PTE 2006-19
|
L-11348
|
|
G:
71 FR 70992 (12/07/06)
|
P:
71 FR 62615 (10/26/06)
|
|
Kaiser Aluminum Corporation and Its
Subsidiaries (collectively, Kaiser)
|
|
Permits, effective July 6, 2006,
(1) the acquisition by the VEBA for Retirees of Kaiser
Aluminum and by the Kaiser Aluminum Salaried Retirees
VEBA (together, the VEBAs) of certain publicly traded
common stock issued by Kaiser (the Stock or the
Shares), through an in-kind contribution to the VEBAs
by Kaiser of such Stock, for the purpose of prefunding
VEBA welfare benefits; (2) the holding by the VEBAs of
such Stock acquired pursuant to the contribution; and
(3) the management of the Shares, including their
voting and disposition, by an independent fiduciary
designated to represent the interests of each VEBA
with respect to the transactions.
|
|
|
|
|
Proposed Exemption
|
L-11148, D-11149, L-11150, L-11151, D-11152 and D-11153
|
|
FR
Citation: 71 FR 41478 (07/21/06)
|
|
|
American Maritime Officers Safety
& Education Plan (the S&E Plan); American
Maritime Officers Pension Plan (the Pension Plan);
American Maritime Officers Vacation Plan (the Vacation
Plan); American Maritime Officers Medical Plan (the
Medical Plan; and American Maritime Officers 401(k)
Plan (the 401(k) Plan; collectively, the AMO Plan(s))
|
|
Would apply to the following
transactions: (1) the S&E Plan entering into an
arrangement with the American Maritime Officers (the
Union), which is a party in interest with respect to
the AMO Plans, for the Union to pay the S&E Plan,
where appropriate and at the rate established by the
independent fiduciary (the I/F), for the portion of
the Union trustees’ food and lodging provided by the
S&E Plan that is attributable to attendance at
certain Union meetings at the Dania Beach, Florida
facility and the Toledo, Ohio facility (collectively,
the Facilities); (2) the S&E Plan entering into an
arrangement with the Union and certain contributing
employers, who are parties in interest with respect to
the AMO Plans, to pay the S&E Plan at a rate
established by the I/F, for food and lodging provided
by the S&E Plan at the Facilities for the
representatives of the Union and the respective
contributing employers that is attributable to
attendance at various conferences; and (3) the S&E
Plan entering into an arrangement with the governing
bodies of the American Maritime Officers Joint
Employment Committee (the JEC), and the American
Maritime Officers Service (AMOS), who are parties in
interest with respect to the AMO Plans, to pay the
S&E Plan at a rate established by the I/F for food
and lodging provided by the S&E Plan at the
Facilities.
Would also permit (1) the AMO Plans
to share expenses based on an internal expense
allocation model (the Allocation Model) for the
provision of food and lodging by the S&E Plan at
the Facilities to the AMO Plans’ trustees; and (2) the
AMO Plans, the JEC and AMOS sharing of expenses based
on the Allocation Model for the provision of food and
lodging by the S&E Plan at the Facilities.
Finally, would permit (1)
contributing employers contracting with the S&E
Plan to provide one of its courses at a special time;
and (2) the S&E Plan designing training programs
or undertaking special research or modeling tailored
to the needs of a particular contributing employer or
its vessels.
|
|
|
Proposed Exemption
|
D-11183
|
|
FR
Citation: 71 FR 48768 (08/21/06)
|
|
|
Plumbers & Pipefitters National
Pension Fund (the Fund)
|
|
Would permit, effective June 5,
2001, the following transactions involving the receipt
by Diplomat Properties, Limited Partnership (the
Partnership) of certain services and products from
hotel management company, Westin Management East
(after January 12, 2006, Westin Hotel Management,
L.P.) (referred to collectively with its parent
company, Starwood Hotels & Resorts Worldwide,
Inc., as Starwood) and certain related entities
(Related Companies), retained to operate the
Partnership’s principal asset, the Westin Diplomat
Resort & Spa (collectively, Resort): (a) the
provision of Centralized Services or Additional
Services to the Resort by Starwood or a Related
Company; (b) the purchase of goods from Starwood or a
Related Company in connection with the provision of
Centralized Services or Additional Services; and (c)
the participation of the Resort in the Associate Room
Discount Program.
|
|
|
Proposed Exemption
|
D-11342
|
|
FR
Citation: 71 FR 48781 (08/21/06)
|
|
|
Mellon Financial Corporation
(Mellon)
|
|
Would permit, effective November
30, 2005, certain in kind redemptions by the Mellon
401(k) Retirement Savings Plan or by any other
employee benefit plan sponsored by Mellon or an
affiliate (the Plans), of shares of certain
proprietary mutual funds in which the Plans were
invested as of November 30, 2005, for which Mellon or
an affiliate provides investment advisory and other
services.
|
|
|
Proposed Exemption
|
D-11381
|
|
FR
Citation: 71 FR 67904 (11/24/06)
|
|
|
Bear Stearns Companies, Inc. (BS),
Bear Stearns Asset Management, Inc., and Bear, Stearns
& Co., Inc.
|
|
Would permit the purchase of
certain securities (the Securities), by an asset
management affiliate of BS from any person other than
such asset management affiliate of BS or any affiliate
thereof, during the existence of an underwriting or
selling syndicate with respect to such Securities,
where a broker-dealer affiliated with BS is a manager
or member of such syndicate and the asset management
affiliate of BS purchases such Securities, as a
fiduciary: (a) on behalf of an employee benefit plan
or employee benefit plans (the Client Plan(s)); or (b)
on behalf of Client Plans, and/or in house plans which
are invested in a pooled fund or in pooled funds.
|
|
|
|