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

1975
AO/ Date/ Reference Recipient Description of Request
12/31/1975
3(32)
4(b)(3)

Anonymous

Whether a loan made by the Teachers' Pension Fund to the City is subject to the provisions of ERISA.

10/15/1975
514

Anonymous

Whether the venue for a case brought under ERISA can be properly laid in the district of the plaintiff’s residence, when the case involves federal jurisdiction under ERISA and an amended complaint attempts to establish jurisdiction based on diversity of citizenship.

10/06/1975

Anonymous

Whether, to what extent, and under what circumstances delinquency of employer contributions may involve a multi-employer plan or plan fiduciaries in prohibited extensions of credit, and whether the Secretary of Labor has enforcement power with respect to welfare plans

06/26/1975
514

Anonymous

Whether ERISA preempts state reporting requirements for periods before January 1, 1975.

06/20/1975
514

Anonymous

Whether State law relating to self-insured health and medical plans has been preempted by ERISA.

05/29/1975
503

Anonymous

Whether the Department of Labor can intervene in a lawsuit filed by a participant to recover benefits under a plan.

01/08/1975
503

Anonymous

Whether the document pursuant to which an employee benefit plan subject to Title I of ERISA must include the claims procedure required under section 503 of the ERISA and under 29 CFR Part 2560, 39 FR 42242 (as proposed on December 4, 1974) if such procedures are included in the plan description and summary plan description.

09/09/1975
412

Anonymous

Whether the six plan officials of a workers pension plan are required to be bonded pursuant to the provisions of section 412(a) of ERISA.

11/13/1975
412

Anonymous

Whether the bonding provisions of section 412 of ERISA apply to a person who is both a participant in and a co-trustee for a profit-sharing or money purchase pension plan established by a small, closely held professional corporation.

07/02/1975
410

Anonymous

Whether an attached draft plan amendment would meet the requirements of section 410(a) of ERISA.