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

Start Date

Select Reference

**1993**
AO/ Date/ Reference	Recipient	Description of Request
1993-22A 08/24/1993 103	Mr. Frederick W. Rumack Director of Tax & Legal Services Buck Consultants Two Pennsylvania Plaza New York, New York 10121	In preparing an annual report for a defined benefit pension plan (Plan) subject to Title I of the Employee Retirement Income Security Act of 1974 (ERISA), what is the proper disclosure of information relating to assets held in an insurance company separate account established pursuant to a specific group annuity contract to provide benefit payments under the Plan. Specifically, what are the plan's annual reporting requirements with respect to the plan's statement of assets and liabilities, the Schedule A for the Contract, and the plan's Schedule B.
1993-21A 08/03/1993 103(a)(3)	Mr. Richard Bentley Investment Executive PaineWebber Incorporated 1000 East St. Mary Boulevard Lafayette, Louisiana 70503	Whether the term "similar institution," as used in 29 C.F.R. § 2520.103-8, includes securities brokerage firms.
1993-20A 07/16/1993 3(1)	Mr. William J. Bernstein The Coca-Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301	Whether the Short-Term Disability Income Plan for Non-Exempt Employees of The Coca-Cola Company is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA.
1993-19A 05/28/1993 3(40) 514(b)(6)	Mr. James P. Harrington, Jr. California Department of Insurance 100 Van Ness Avenue San Francisco, California 94102	Whether the Western Growers Assurance Trust (WGAT) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of Title I of ERISA and therefore subject under section 514(b)(6) of that title to applicable state insurance regulation.
1993-18A 05/28/1993 403(d)(2) 406(b)(2)	Melvin H. Pizer The 500 Building, Suite 1100 500 South Salina Street Syracuse, NY 13202	Addresses several questions on the application of the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERISA) to the termination and proposed transfer of the excess funds of one employee welfare benefit plan to another employee welfare benefit plan where both plans are jointly-administered, labor management trust funds established under collective bargaining agreements pursuant to section 302(c) of the Labor Management Relations Act.
1993-17A 07/07/1993 3(40) 514(b)	Mr. Alfred W. Gross Deputy Commissioner Virginia Bureau of Insurance Box 1157 Richmond, Virginia 23209	Whether the American Fidelity Trust is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of Title I of ERISA and, therefore, subject to applicable state insurance regulations.
1993-16A 05/18/1993 406(b)(2)	Robert M. Archer, Esq. Myer, Suozzi, English & Klein, P.C. 1505 Kellum Place Mineola, NY 11501	Addresses questions on the application of the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERISA) to the termination and proposed transfer of the excess funds of one employee welfare benefit plan to a related employee welfare benefit plan where both are jointly-administered, labor-management trust funds established under collective bargaining agreements pursuant to section 302(c) of the Labor Management Relations Act.
1993-15A 05/18/1993 406(b)(2)	Mr. Randall G. Simpson Jermain, Dunnagan & Owens 3000 A Street, Suite 300 Anchorage, Alaska 99503	Addresses questions on the application of the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERISA) to the termination and transfer of excess funds of the Alaska Laborers-Employers Legal Services Fund to the Alaska Laborers & Construction Industry Health & Security Fund where both are jointly-administered, labor management trust funds established under collective bargaining agreements.
1993-14A 05/05/1993 2510.3-101	Mr. John Vine Covington & Burling 1201 Pennsylvania Ave., N.W. P. O. Box 7566 Washington, D.C. 20044	Whether the assets of a trust established by an employer to set aside a portion of its general assets as a potential source of premium payments for health insurance held by an ERISA plan would constitute assets of the plan.
1993-13A 04/27/1993 PTE 77-4	Fred R. Green, Esq. Schulte Roth & Zabel 900 Third Avenue New York, NY 10022	The application of Prohibited Transaction Exemption 77-4 (PTE 77-4) regarding the Frank Russell Trust Company and its affiliates. Specifically, whether Frank Russell Investment Management Company’s waiver of the investment advisory fee, otherwise payable by the Plans to Frank Russell Group in connection with the investment of plan assets in the Funds, complies with the requirements of paragraph (c) of section II of PTE 77-4. Whether paragraphs (d), (e) and (f) of section II of PTE 77-4 require written disclosure and approval of fees paid to parties unrelated to Frank Russell Investment Management Company, or any affiliate, with respect to the investment of plan assets in the Funds. Whether PTE 77-4 provides relief for the purchase or sale of shares of the Funds subsequent to the approval by a Plan fiduciary, independent of and unrelated to Frank Russell Trust Company, of a program for the purchase or sale of shares in the Funds, without prior approval of each such purchase or sale by the independent Plan fiduciary.