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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**2008**
AO/ Date/ Reference	Recipient	Description of Request
2008-08A 12/19/2008 104	Bruce J. McNeil, Esq. Leonard, Street and Deinard 150 South Fifth Street Suite 2300 Minneapolis, Minnesota 55402	Whether, in the case of a plan covering a "controlled group of corporations" or a "group of trades or businesses under common control" within the meaning of section 414(b) and (c) of the Internal Revenue Code (Code), filing a single registration statement for the plan will satisfy the alternative method of compliance in 29 C.F.R. _ 2520.104-23 for the participating employers.
2008-07A 09/26/2008 3(40) 514(b)(6)(A)	Tim Casey Executive Director Bend Chamber of Commerce 777 NW Wall Street, Suite 200 Bend, Oregon 97701	Whether a proposed arrangement offered by the Chamber of Commerce in Bend, Oregon would be a multiple employer welfare arrangement (MEWA) within the meaning of section 3(40) of ERISA, and whether such an arrangement would itself be an employee welfare benefit plan within the meaning of section 3(1) of ERISA.
2008-06A 07/10/2008 403(d)(2) 406	Joanne K. Moak Wine and Spirits Wholesalers of America, Inc. 805 15th Street, NW, Suite 430 Washington, DC 20005	Whether, after all outstanding claims for benefits have been satisfied, the Trust may be amended to permit its surplus assets to be transferred, in accordance with the terms of the trust document, to a charitable organization that is not a party in interest.
2008-05A 06/27/2008 404(a)	David Chavern Executive Vice President and COO US Chamber of Commerce 1615 H Street, NW Washington, DC 20062-2000	This letter addresses the prudence and exclusive purpose requirements of ERISA as they relate to the expenditure of plan assets on organizing and collective bargaining-related activities.
2008-04A 04/08/2008 404(b)	Michael A. Lawson, Esq. Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue Los Angeles, CA 90071-3144	Whether proposed arrangements by a U.S. bank for maintaining the indicia of ownership of "plan assets" held by foreign pooled investment funds would be in compliance with the requirements of ERISA section 404(b).
2008-03A 03/21/2008 514 609(b)(3)	Ginni Hain, Director Division of Eligibility, Enrollment & Outreach Department of Health and Human Services Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop S2-14-26 Baltimore, MD 21244-1850	Whether ERISA would preempt an action by a State Medicaid Agency to recover Medicaid benefit payments made on behalf of individuals who are also participants in ERISA-covered private health insurance plans that require prior authorization for covered health care items or services.
2008-02A 02/08/2008 514(a)	Eugene Scalia, Esq. Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036-5306	Whether section 514(a) of ERISA preempts a Kentucky state law that requires an employer to obtain written consent before withholding amounts from an employee's wages for contribution to an ERISA-covered group health or other welfare benefit plan.
2008-01A 01/18/2008	Mr. Stephen M. Saxon Mr. Richard K. Matta Groom Law Group, Chartered 1701 Pennsylvania Avenue, NW Washington, DC 20006	Whether the definition of Affiliate in the Underwriter Exemptions includes an entity that is an affiliate of an Affiliate of a member of the Restricted Group as those terms are defined in the Underwriter Exemptions.

**2007**
AO/ Date/ Reference	Recipient	Description of Request
2007-07A 12/21/2007 2509.94-2 404(a)(1)	Thomas J. Donohue President and CEO U.S. Chamber of Commerce 1615 H Street, NW Washington, DC 20062-2000	This letter addresses the impermissible use of pension plan assets to further public policy and political activities through proxy resolutions that have no connection to enhancing the value of a plan’s investment in a company, further clarifying the application of Interpretive Bulletin 94-2 (29 CFR § 2509.94-2).
2007-06A 08/16/2007 514(b)(6)(A)	Edward L. Wender Venable LLP Two Hopkins Plaza, Suite 1800 Baltimore, MD 21201-2978	Whether the Custom Rail Employer Welfare Trust Fund is an "employee welfare benefit plan" within the meaning of section 3(1) of ERISA, and whether it is a "multiple employer welfare arrangement" (MEWA), within the meaning of section 3(40), that is "fully insured" within the meaning of section 514(b)(6)(A) of ERISA.