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.

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**1992**
AO/ Date/ Reference	Recipient	Description of Request
1992-19A 09/30/1992 3(1) 3(4)	Ms. Evelyn E. Small Mays & Valentine 1111 East Main Street P.O. Box 1122 Richmond, Virginia 23208-1120	Whether the Police Benevolent Association of Richmond, Virginia is not an "employee organization" within the meaning of section 3(4) of ERISA or, if the Department is unable to reach such a conclusion, that the Police Benevolent Association of Richmond, Virginia’s program of benefits is an "employee welfare benefit plan" within the meaning of section 3(1) of ERISA and not an "employee pension benefit plan" within the meaning of section 3(2) of ERISA.
1992-18A 09/30/1992 3(1)	Mr. Wayne W. Wisong Constangy, Brooks & Smith Suite 2400 230 Peachtree Street, N.W. Atlanta, Georgia 30303-1557	Whether the proposed Simmons Company Short-Term Disability Plan, providing weekly income to certain non-bargaining unit employees unable to perform their regular duties due to illness, injury, or accident, would be an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA or a payroll practice described in §2510.3-1(b)(2).
1992-17A 08/21/1992 206(d)(3)	Ms. Ann E. Neydon Sachs, Kadushin, O'Hare Helveston & Waldman, P.C. 1000 Farmer Detroit, Michigan 48226	Whether a state court order executed by court of competent jurisdiction pursuant to Michigan domestic relations law must be reviewed the plan administration to determine if the order meets ; "qualified domestic relations order" (QDRO) exception to the anti-assignment and alienation rules contained in 206(d)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), and sections 401(a)(13)(B) and 414(p) of the Internal Revenue Code of 1986.
1992-16A 07/27/1992 3(40) 514(b)(6)	Mr. Michael J. Angelini New Jersey Department of Insurance CN 329 Trenton, New Jersey 08625-0329	Whether the New Jersey Tooling and Manufacturers Association Health Benefit Plan (a.k.a., the NJTMA Employee Benefits Association, Inc.) 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.
1992-15A 06/23/1992 3(40) 514(b)(6)	Mr. Michael J. Angelini New Jersey Department of Insurance CN 329 Trenton, New Jersey 08625-0329	Whether the New Jersey Automotive Wholesalers Association Health Benefit Plan, also known as the N.J.A.W.A. Insurance 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 regulation at least to the extent permitted under section 514(b)(6)(A) of that title.
1992-14A 05/20/1992 3(40) 514(b)(6)(A)	Mr. Jerry W. Fickes New Mexico Department of Insurance P.O. Drawer 1269 Santa Fe, New Mexico 87504-1269	Whether the health benefit program offered by New Mexico Medical Associates, Inc. (NMMA) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and therefore subject to the applicable insurance laws of the State of New Mexico to the extent permitted under section 514(b)(6)(A) of ERISA.
1992-13A 05/19/1992 301(a)(3) 4(b)(5), 201(2) 401(a)(1)	Mr. William J. Kilberg Gibson, Dunn & Crutcher 1050 Connecticut Avenue, NW Washington, D.C. 20036-5306	Whether a "rabbi trust” which is designed to invest primarily in employer stock, would be "unfunded" for the purposes of the so-called "excess benefit" and "top hat" plan exemptions under sections 4(b)(5), 201(2), 301(a)(3) and 401(a)(1) of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).
1992-12A 04/20/1992 3(1)	Mr. Erwin A. Peterson Peterson, Bell, Converse & Jensen 2780 North Snelling Avenue Suite 327 Roseville, Minnesota 55113	Whether an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA may provide benefits not specifically set forth in that section.
1992-11A 03/31/1992 403(a) 404(a)(1)	Mr. Stanley Neyhart Neyhart, Anderson, Nussbaum, Reilly & Freitas P.O. Box 7426 San Francisco, CA 94120	Whether unit voting procedures used by the Boards of Trustees; specifically, the Greyhound Lines, Inc.- Amalgamated Council Retirement and Disability Trust; Greyhound Lines, Inc.- Amalgamated Council Health and Welfare Trust; Greyhound Lines, Inc.- Amalgamated Council Cash or Deferred Trust; and the West Des Moines-Greyhound Amalgamated Council Health and Welfare Trust comply with section 403 and 404 of ERISA.
1992-10A 03/24/1992 3(32)	Mr. Ernest J. Korpela Administrator Cooperative Educational Service Agency No. 12 301 Thirteenth Avenue East Ashland, Wisconsin 54806	Whether the Northern Wisconsin Schools Employee Benefit Plan and Trust is a "governmental plan" within the meaning of section 3(32) of title I of ERISA and, therefore, is excluded by section 4(b)(1) from coverage under that title.