Advisory Opinions

Requests for interpretations and other rulings under Title 1 of ERISA are handled by the Office of Regulations and Interpretations under the provisions established by ERISA Procedure 76-1. The office answers inquiries from individuals and organizations in the form of advisory opinions, which apply the law to a specific set of facts, or information letters, which merely call attention to well established principles or interpretations.

Data Dictionary

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**1975**
AO/ Date/ Reference	Recipient	Description of Request
1975-16 11/13/1975 3(2)	Anonymous	Whether a frozen profit sharing trust constitutes an “employee pension benefit plan” or “pension plan” under section 3(2).
1975-147 11/04/1975 3(14)	Metropolitan Life Insurance Company One Madison Avenue New York, New York 10010 Attention: Gerard J. Talbot, Esq. Vice President, Tax Counsel	Whether Metropolitan Life Insurance Company, to which the May Department Stores Company Employees Retirement plan has transferred substantially all its assets, and the partnership into which Metropolitan has entered with Shopping Centers to acquire, develop, operate, and manage real property in Los Angeles are parties in interest with respect to May’s plan.
1975-146 02/02/1975 403(b)	Anonymous	Whether an association, although not technically an insurance company, may be deemed to be an insurance company for the purposes of section 403(b) of ERISA.
1975-145 10/14/1975 414	Anonymous	Whether successor trustees of a plan who are so designated after July 1, 1974, may receive compensation for service rendered as trustees to the plan.
1975-144 03/28/1975 3(1) 3(2)	Anonymous	Whether the provision of deduction check-offs by an employing railroad for workers’ insurance premiums constitutes an employee benefit plan under ERISA.
1975-143 10/30/1975 514	Anonymous	Whether state law governing employee welfare trust funds is preempted by ERISA.
1975-141 10/21/1975	Anonymous	Requests a determination as to the fair market value of the common stock of a corporation for purposes of sections 3(18) and 408(e) of ERISA.
1975-14 09/30/1975 401 3(2)	Anonymous	Responsibilities of custodians or trustees of individual retirement accounts established under section 408(a) of the Internal Revenue Code of 1954 (Code) under Title I of ERISA.
1975-138 05/29/1975	Anonymous	Whether ERISA permits negotiations with the union to reduce benefits of a defined benefit and defined contribution pension plan under which the benefits are based upon actuarial advice as to the amount that can be supported by the rate of contributions, and the collective bargaining agreement provides that, if the rate of contributions for any reason fails to support the benefits, negotiation may be undertaken to adjust either benefits and/or contributions up or down.
1975-137 05/13/1975 3(14) 404 406 414	Anonymous	Whether it would constitute a breach of a fiduciary duty or a prohibited transaction under ERISA for the trustees of an employee benefit plan covered by ERISA to permit a close relative of one of the trustees to work for the fund as a claims representative.