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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**1985**
AO/ Date/ Reference	Recipient	Description of Request
1985-30A 08/22/1985 3(14) 3(4)	Mr. F.A. LeSourd LeSourd & Patten 3900 Seattle-First National Bank Building Seattle, Washington 98154	Whether at the time of certain loans by Alaska Teamster-Employer Pension Trust (PT) to WT in 1977 and 1978, was WT an employee organization with members covered by PT and therefore a party in interest with respect to PT under section 3(14)(D) of ERISA, and whether at the time of said loans, was WT a contributing employer with respect to PT and therefore a party in interest under section 3(14)(C) of ERISA.
1985-29A 07/23/1985	Mr. Mark S. Prosperi Special Attorney U.S. Department of Justice Room 1402 219 South Dearborn Street Chicago, Illinois 60604	Whether the Structural Ironworkers Local No. 1 Annuity Fund (the Annuity Fund) and the Structural Ironworkers Local No. 1 Pension Fund (the Pension Fund) are employee benefit plans under section 3(3) and thereby covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).
1985-28A 07/24/1985	Mr. J. G. Ritter, III Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212	Whether a foreign subsidiary of Dibrell would be considered an "affiliate" within the meaning of section 407(d)(7) of the Employee Retirement Income Security Act of 1974 (ERISA).
1985-27A 07/15/1985	Mr. Bruce O. Jolly, Jr. McGlinchey, Stafford, Mintz, Cellini & Lang, PC Suite 5100 2000 Pennsylvania Avenue, N.W. Washington, DC 20006	Whether the Government Employees Credit Union in San Antonio, Texas (GECU), is an employees' beneficiary association within the meaning of section 3(4) of the Employee Retirement Income Security Act of 1974 (ERISA); and whether the legal services plan GECU may offer is an employee welfare benefit plan covered by ERISA.
1985-26A 06/28/1985 3(14) 3(5)	Thomas J. Brzezinski, Esq. Heller, Ehrman, White & McAuliffe 44 Montgomery Street San Francisco, CA 94104	Whether the proposed lease of the Plant and the Office Building from the Plan to the Company would not involve a prohibited transaction under ERISA section 406(a)(1)(A) by reason of the Company’s being a party in interest with respect to the Plan under section 3(14)(C).
1985-25A 06/24/1985 103	Mr. Leslie J. Miller Staff Attorney Corporate Law Division American Medical Association 535 North Dearborn Street Chicago, Illinois 60610	Whether the employers who have adopted the Plan are required under 29 C.F.R. §§2520.103-3 and 2520.103-9 to include with their annual reports copies of Schedule A's for insurance contracts in which assets of the Plan's Fixed Income Fund are invested.
1985-24A 06/14/1985	Kenneth R. Hoffman, Esq. Venable, Baetjer and Howard 1800 Mercantile Bank & Trust Building 2 Hopkins Plaza Baltimore, Maryland 21201	Whether the execution of the master purchase agreement and the buying of the purchase contracts from ROLM will not constitute prohibited transactions under section 406 of ERISA or section 4975 of the Code, and whether the services performed by Account Executives of Federal Leasing in the processing of purchase contracts from ROLM, and the use of Federal Leasing employees to handle the billing and collection of payments on contracts purchased by the Plan do not constitute prohibited transactions under section 406 of ERISA and section 4975 of the Code by reason of section 408(b)(2) of ERISA and section 4975(d)(2) of the Code.
1985-23A 06/10/1985 3(1)	Allen M. Salomon Attorney at Law Swietlik & Petajan 611 E. Wisconsin Avenue Milwaukee, Wisconsin 53202	Whether the Vulcan Lead Products Co. Short Term Disability Benefit Plan (the Program). constitutes a payroll practice within the meaning of 29 C.F.R. §2510.3-1(b)(2) rather than an employee welfare benefit plan described in section 3(1) of ERISA and is thus excluded from ERISA title I coverage.
1985-22A 05/16/1985 3(1) 3(4) 3(5)	Mr. Leo Jordan President Jordan/Spillers, Inc. 2900 Mossrock, Suite 300 San Antonio, Texas 78230	Whether the Express-News Federal Credit Union (the Credit Union) Group Legal Services Plan, which provides prepaid legal services to member of the Credit Union, is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.
1985-21A 05/08/1985 3(32) 4(b)(1)	Ms. Iris Altomare 33-52 Crescent Street Long Island City New York, New York 11106	Whether the UFT Welfare Fund Prescription Drug Plan (the Drug Plan) is an employee welfare benefit plan within the meaning of section 3(1) of ERISA, and covered by title I of ERISA and the effect of certain provisions of ERISA, or is a governmental plan within the meaning of section 3(32) of ERISA and therefore exempt from coverage under title I?