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

**1991**
AO/ Date/ Reference	Recipient	Description of Request
1991-09A 02/01/1991 3(40) 514(b)(6)	Ms. Jennifer Loyd Assistant Chief Counsel Tennessee Department of Commerce and Insurance 500 James Robertson Parkway Volunteer Plaza Building, 5th Floor Nashville, Tennessee 37243	Whether the National Employees and Operators Association Trust is saved from such authority under the general preemption provision of section 514(a) of title I of ERISA because it is a MEWA or is subject to the applicable regulatory authority of the state of Tennessee's insurance law.
1991-08A 01/30/1991 3(1)	Mr. G.A. Finch Querrey & Harrow, Ltd. La Salle Bank Building Suite 3600 135 South La Salle Street Chicago, Illinois 60603-4784	Whether the Construction Industry Service Corporation Trust (the CISCO Trust) is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.
1991-07A 01/22/1991 3(40)	Mark G. Heacox Vice President Sales & Marketing WHP Rubin Icot Center 14440 Myerlake Circle Clearwater, Florida 34620	Whether the Florida Association of Blood Banks Group Insurance Trust (the Trust), created as a Voluntary Employee Benefit Association Trust, is a MEWA within the meaning of ERISA section 3(40) and subject to state regulation to the extent provided in section 514(b)(6)(A).
1991-06A 01/15/1991 3(1) 3(40) 514(a) 514(b)(6)	Mr. Gerald Grimes Oklahoma Insurance Commissioner 1901 N. Walnut P.O. Box 53808 Oklahoma City, Oklahoma 73158-3408	Whether Diversified Industrial Group (DIG), a self- insured or partially self- insured trust that provides health and other benefits to members of the International Union of Petroleum and Industrial Workers, is an "employee welfare benefit plan" within the meaning of ERISA section 3(1). Whether state regulation is preempted under ERISA section 514(a).
1991-05A 01/14/1991 3(40) 514(b)(6)	Ms. Christine Phillips Investigator Oregon Department of Insurance and Finance 21 Labor and Industries Building, Room 440-2 Salem, Oregon 97310	Whether the Associated General Contractors of America, Inc. (AGC) Health Benefit Trust (the Trust) 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 regulatory authority of the State of Oregon.
1991-04A 01/14/1991 3(40) 514(b)(6)	Mr. Michael J. Angelini Senior Investigator New Jersey Department of Insurance 200 West State St. CN 329 Trenton, NJ 08625-0329	Whether the Joint Economic Total Trust (the Trust), also known as the Midwest Benefits Trust, 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 regulatory authority of the State of New Jersey.
1991-03A 01/14/1991 3(40) 514(b)	Christine Phillips Investigator Insurance Division Department of Insurance and Finance Room 440-2, 21 Labor and Industries Building Salem, Oregon 97310	Whether the Health Services Association Health Plan (HSA Plan) is a multiple employer welfare arrangement (MEWA) within the meaning of Section 3(40) of title I of ERISA. Whether the preemption provisions of ERISA would not preclude state regulation of the HSA Plan at least to the extent provided in section 514(b)(6)(A).
1991-02A 01/07/1991 3(40) 514(b)(6)	Mr. Malcom C. Wells Policy and Rate Analyst West Virginia Insurance Commission 2019 Washington Street, East Charleston, West Virginia 25305	Whether the Stop Loss Concepts Employee Benefit Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of that title and therefore subject to applicable state insurance commission regulation.
1991-01A 01/07/1991 3(40) 514(b)(6)	Ms. Mary Nance Investigator Texas State Board of Insurance 110 San Jacinto Austin, Texas 78701-1998	Whether the United Dairy Association Benefit Plan (the Plan) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA, and whether the Plan is subject to the applicable regulatory authority of the State of Texas.

**1990**
AO/ Date/ Reference	Recipient	Description of Request
1990-48A 12/11/1990 3(40) 514(b)	Mr. Neil K. Rector Deputy Director Ohio Department of Insurance 2100 Stella Court Columbus, Ohio 43266-0566	Whether the Select Business Development Trust (the Trust) is a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of title I of ERISA and, if so, whether the Trust is fully insured within the meaning of section 514(b)(6)(A) of that title.