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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**1989**
AO/ Date/ Reference	Recipient	Description of Request
1989-31A 10/11/1989 406(b) 408(b) 408(c )(2)	Alliance Capital Management LP 1345 Avenue of the Americas New York, NY 10105	Whether the payment of performance-based compensation to Alliance Capital Management L.P. by employee benefit plans will result in a violation of section 406(b) of the Employee Retirement Income Security Act of 1974 (ERISA) or section 4975 of the Internal Revenue Code of 1986. This letter supersedes ERISA Opinion No. 89-28A, which contained a misstatement of fact, which had no bearing on the opinion expressed therein.
1989-30A 10/02/1989	Mr. Frederick W. Rumack Director of Tax and Legal Services Buck Consultants Two Pennsylvania Plaza New York, NY 10121	Whether the Department's regulations at 29 CFR §2550.408b-1 requires that loans be made available to plan participants and beneficiaries who are not "parties in interest'' with respect to the plan.
1989-29A 09/25/1989	Ronald E. Richman, Esq. Chadbourne & Parke 1230 Avenue of the Americas 1st Floor New York, NY 10112	Whether the proposed merger of three multiemployer pension plans sponsored by the Textile Workers Pension Fund would violate sections 403( c)(1) and 404(a)(1) of ERISA and whether it is a prohibited transaction under section 406 of ERISA.
1989-28A 09/25/1989 406(b) 408(b)(2)	Mr. J. Hamilton Crawford, Jr. Senior Vice President and General Counsel Alliance Capital Management Corporation 1345 Avenue of the Americas New York, NY 10105	Whether the payment of performance-based compensation to Alliance Capital Management Corporation by employee benefit plans will result in a violation of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) or section 4975 of the Internal Revenue Code of 1986.
1989-26A 09/21/1989 3(1) 3(4) 3(5)	Mr. H. James Gorman, Jr. Coopers & Lybrand One Post Office Square Boston, Massachusetts 02109	Whether the Connecticut Association of Residential Facilities (CARF) Employees' Benefit Trust is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA. Whether the CARF which maintains the Trust is an employee organization or employer under sections 3(4) and 3(5) of ERISA.
1989-25A 09/27/1989 408(b)(2)	Charles Stewart, Esq. Jones, Day, Reavis & Pogue 1450 G Street NW Metropolitan Square Washington, DC 20005-2088	Whether the United Company Profit-Sharing and Retirement Plan Investment Committee may retain the United Investment Corporation (UIC) as investment manager for the Plan, and that the Plan may pay UIC for such services, without violating sections 404 and 406 of title I of ERISA or section 4975 of the Internal Revenue Code.
1989-24A 09/25/1989	Mr. Richard P. Bogatto Fulbright & Jaworski 1301 McKinney Avenue Houston, Texas 77010	Whether certain loan transactions will affect the character of the Quanex Corporation Supplemental Benefit Plan under sections 201(2), 301(a)(3), and 401(a)(1) of the Employee Retirement Income Security Act of 1974 ("ERISA" or the "Act").
1989-23A 10/25/1989 3(32) 4(b)(1)	Ms. Ellen M. Davis Wise Carter Child & Caraway 600 Heritage Building PO Box 651 Jackson, Mississippi 39205	Whether the Hinds County General Hospital's welfare benefit plans for employees are governmental plans within the meaning of section 3(32) of title I of ERISA.
1989-22A 09/21/1989 4(b)	Mr. Peter M. Kelly Bell, Boyd & Boyd Three First National Plaza Suite 3200 70 West Madison Street Chicago, Illinois 60602	Whether the operation of the Walgreen Co. Irrevocable Grantor Trust causes the Walgreen Co. Supplemental Profit-Sharing Plan to be other than "unfunded" under section 4(b)(5) of the Employee Retirement Income Security Act of 1974 (ERISA).
1989-21A 09/08/1989 3(1) 3(4) 3(5)	Mr. H. James Gorman, Jr. Coopers and Lybrand One Post Office Square Boston, Massachusetts 02109	Whether the Home Builders Association of New Hampshire Benefits Trust is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA. Whether the Association is an employee organization or employer under sections 3(4) and 3(5) of ERISA.