Advisory Opinions

This communication addresses three questions regarding the rights of plan participants under ERISA when they leave employment before reaching retirement age: (1) whether a participant who is 100 percent vested has a right to receive accrued pension benefits upon termination of employment; (2) whether a terminated employee could be treated differently from an employee who voluntarily elects to retire early; and (3) whether a terminated employee with a 100 percent vested interest in their accrued benefit would lose it if they die prior to becoming eligible to receive their first monthly benefit check.

Whether a retired pension plan participant may suffer suspension of retirement income payments if they engage in employment or business activity considered competitive with or “otherwise prejudicial” to their former employer.

Whether the EBS-1 form is a legal document that can only be prepared by a lawyer.

Request for approval of the transfer of claim records from one plan administrator to its successor.

Whether the Company’s unfunded non-qualified retirement benefit program (Pension System) is covered under ERISA.

Whether the Union Local Accident and Death Benefit Fund (Fund) is exempt from ERISA.

Whether the jurisdictional standard of the Labor Management Relations Act (LMRA) will be used to determine if an employer is "engaged in commerce or in an industry affecting commerce" under ERISA and therefore whether the employer’s would be exempt from ERISA coverage.

How ERISA affects the pension plan of a not-for-profit school.

Inquiry regarding the status of non-profit organizations under ERISA.

Whether a plan that provides retirement income for independent contractors of a hospital is a pension plan within the meaning of ERISA.