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
08/05/1975
3(1)
3(2)

Anonymous

Whether vacation savings plan would come under the definition of either an “employee welfare benefit plan” or an “employee pension benefit plan” of ERISA.

02/14/1975
3(1)

Anonymous

Whether prepaid legal service plans fall under the definition of “welfare plans” in section 3(1) or ERISA.

01/22/1975
3(1)

Anonymous

Whether a collectively bargained vacation fund is an employee welfare benefit plan, as defined in section 3(1) of ERISA.

1974
AO/ Date/ Reference Recipient Description of Request
10/21/1974

Anonymous

Whether ERISA will in any way discriminate women as a class.

11/05/1974
401
3(2)

Anonymous

Whether a severance pay plan that pays benefits full-time, salaried officers, agents, and dispatchers of a council and participating locals upon termination of employment is covered under ERISA.

1978
AO/ Date/ Reference Recipient Description of Request

Mr. Gil McCarty
Deputy Commissioner
Life & Health Division
Department of Insurance
Second Floor
Capital Plaza Tower
Frankfort, Kentucky 40601
 

Whether the Department of Insurance of the Commonwealth of Kentucky may require group health insurance contracts issued in the State to include a guaranteed conversion privilege.