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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**1983**
AO/ Date/ Reference	Recipient	Description of Request
1983-29A 06/13/1983 406(b)(1) 408(b)(2)	Edwin H. Perry, Esquire Greenebaum, Doll & McDonald 3300 First National Tower Louisville, Kentucky 40202	Whether Shelby County Trust Bank (the Bank) may retain SMC Advisors, Inc. (SMC) to perform investment management and record keeping services for the Bank in the Bank's capacity as trustee for various employee benefit plans whose assets are held by the Bank in the Shelby County Trust Bank Common Trust Fund (the common fund).
1983-28A 06/09/1983 3(1)	Mr. P. Bruce Wright Trubin Sillcocks Edelman & Knapp 375 Park Avenue New York, New York 10152	Whether a life insurance payroll deduction program developed by Provident Life & Accident Company (Provident) and United Enterprise Security Corporation (UESC) to be marketed on a group-type basis would constitute an employee welfare benefit plan within the meaning of section 3(1) of ERISA.
1983-27A 06/08/1983 4(b)	Mr. George H. Lanier King & Spalding 2500 Trust Company Tower Atlanta, Georgia 30303	Whether section 4(b)(4) of ERISA title I excludes the Group Pension Scheme (the Plan) for employees and former employees of the London and Manchester Assurance Company, Ltd. (a UK Company), from coverage under title I of ERISA as the Plan is now operated. You also question whether, if applicable, the Department will continue to apply the section 4(b)(4) exclusion to the Plan after a transaction that entails a United States custodian holding Plan assets and a United States investment advisor managing investments on behalf of the Plan trustee.
1983-26A 05/26/1983 402(a) 403(a) 405	Frederick C. Kneip, Esq. John H. Kelly, Esq. Milbank, Tweed, Hadley & McCloy 1 Chase Manhattan Plaza New York, New York 10005	The application of the fiduciary responsibility provisions of sections 402, 403 and 405 of ERISA to the proposed establishment and subsequent investments of a real estate equity fund. Specifically, if designated under the Investment Management Agreement or Trust Agreement, whether sections 402, 403, and 405 of ERISA would preclude the Frank Russell Trust Company from acting as a Trustee or Investment Manager of the Separate Plans and, as Commingled Trust Trustee with respect to the Real Estate Equity Fund.
1983-25A 05/24/1983 3(2)	Mr. Martin L. Fleming Treasurer Holladay-Tyler Printing Corporation P.O. Box 1769 Rockville, Maryland 20852	Whether an Individual Retirement Account (IRA) payroll deduction program would constitute an employee pension benefit plan where the IRAs are with a bank which handles a major portion of the Company's banking, is a principal lender to the Company and will soon lend additional funds through the purchase of Industrial Revenue Bonds (IRBs) for a significant dollar amount.
1983-24A 05/18/1983 3(32)	Mr. Leon Rothenberg Executive Director Federation of Tax Administrators 444 North Capitol Street, N.W. Washington, D.C. 20001	Whether the Federation of Tax Administrators Staff Pension Plan is a governmental plan within the meaning of section 3(32) of ERISA.
1983-23A 05/18/1983	Mr. Thomas J. Moore Faegre & Benson 1300 Northwestern Bank Building Minneapolis, Minnesota 55402-1790	Whether the arrangement described in the 403-B7 Group Custodial Account Agreement (the Agreement) would constitute a program described in Department of Labor regulation 29 C.F.R. §2510.3-2(f) related to tax-sheltered annuities and, therefore, would not be covered by title I of ERISA.
1983-22A 05/09/1983 3(1) 3(4) 3(40) 3(5) 514	Ms. Barbara B. Creed Pillsbury, Madison & Sutro Post Office Box 7880 San Francisco, California 94120	Whether certain benefit programs sponsored by the Legal Services Nationwide Employee Benefits Organization, Inc. (NEBO), are employee welfare benefit plans within the meaning of section 3(1) of ERISA.
1983-21A 05/09/1983 103(a) 3(2) 3(5)	Mr. Paul P. Truncali Pension Plan Sponsor United Way Comptroller United Way of Greater New Haven One State Street New Haven, Connecticut 06511	Whether the Employee Benefit Plan of the United Way of Greater New Haven, Inc., and Affiliated Agencies (the EBP) is a single employee pension plan as defined by section 3(2)(A) of ERISA, and whether it must file an audited financial statement under section 103(a)(3)(A) of ERISA and Department of Labor regulation 29 C.F.R. §2520.104-46.
1983-20A 04/27/1983 406(b)(1) 406(b)(2) 408(c )(2)	Re: Identification Number: F-2528A	Whether the retention of an investment manager who has pension funds in a master trust (Common Trust) with other parties in interest and fiduciaries of the Common Trust and the payment from the Common Trust of the direct expenses of Investment allocable to the Common Trust for investment management services performed (which expenses include the reasonable compensation of employees of Investment) are prohibited transactions under section 406 of ERISA and section 4975 of the Internal Revenue Code of 1954 (the Code).