Advisory Opinions

Whether the proposed wage continuation plans of International Metals & Machines, Inc. and certain of its affiliates constitute 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 ERISA section 3(1) and, thus, excluded from ERISA title I coverage.

Whether the retention by the Vanguard Fiduciary Trust Company of the Vanguard Group to provide certain services to the Trust Company in the Trust Company's capacity as a fiduciary to employee benefits plans is exempt from the prohibitions of section 406 of ERISA and section 4975(c) of the Code by reason of section 408(b)(2) of ERISA and section 4975(d)(2) of the Code. Whether the retention of Vanguard Group by the Trust Company does not constitute an act of self-dealing in violation of section 406(b)(1) of ERISA.

Whether the Sisters of Mercy Short Term Disability Plan, the Sisters of Mercy Dental Plan, and the Sisters of Mercy Health Care Plan qualify for the limited exemption from certain annual reporting requirements of ERISA provided by 29 CFR §2520.104-44.

Whether an employer would not be considered to establish or maintain an "employee pension benefit plan" within the meaning of section 3(2) of title I of ERISA by virtue of having taken certain actions related to Equitable's Group IRA solely to facilitate their employees’ participation in Equitable's Group IRA and all the criteria contained in regulation 29 C.F.R. §2510.3-2(d) and Opinion 81-80A are met.

Whether the provision of investment management services by Krehbiel & Hubbard, Inc., the provision of trustee services by Krehbiel and Hubbard and the provision of custodial and temporary investment services by the Custodian would be exempt from the prohibitions of section 406(a) of ERISA under section 408(b)(2). Whether the initial appointment of Krehbiel & Hubbard, Inc. as investment manager of the Master Trust and Hubbard and Krehbiel as trustees of the Master Trust by independent plan fiduciaries pursuant to the Joinder Agreement and the adoption of the Master Trust would not cause Hubbard, Krehbiel, and Krehbiel & Hubbard, Inc. to violate sections 406(b)(l) or 406(b)(2). Whether the provision of services in itself by Krehbiel & Hubbard, Inc. and Krehbiel and Hubbard under the collective investment program will result in acts described in section 406(b)(1) of ERISA. Whether the temporary investment of Master Trust assets in the Custodian's Collective Investment Plan for Daily Interest at the direction of Krehbiel & Hubbard, Inc. is exempted under section 408(b)(8). Whether the temporary investment of Master Trust assets in deposits of the Custodian at the direction of Krehbiel & Hubbard, Inc. is exempted under section 408(b)(4).

The application of the offset rule in the suspension of benefits regulation issued by the Department of Labor under section 203(a)(3)(B) of ERISA to situations involving the Plasterers and Cement Masons Local 109 Pension Fund.

Whether the Realtors Group Insurance Trust (REGIT) is an "employee welfare benefit plan" which is "maintained by an employer" within the meaning of sections 3(1) and 3(5) of ERISA.

Application of ERISA relating to employee benefit plan investments in futures contracts.

Whether the Major Medical Plan of Orange Memorial Hospital Corporation would still constitute an employee benefit plan covered under title I of ERISA if it is also extended to cover employees of the Orange County Ambulance Service.

Whether a multi-purpose payroll deduction arrangement which includes contributions to an Individual Retirement Account (IRA), made available to members of the Catholic University Federal Credit Union, will not be considered to be an employee pension benefit plan within the meaning of section 3(2) of title I of ERISA.