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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**1982**
AO/ Date/ Reference	Recipient	Description of Request
1982-36A 07/28/1982 414	Mr. Michael I. Lew Coopers & Lybrand 222 South Riverside Plaza Chicago, Illinois 60606	Whether the proposed sale of the trademarks and stock of Empro Intangibles, Inc., wholly owned by the trustees of the plan and used only as a vehicle to hold the trademarks, is a transaction described in section 414(c)(3) of ERISA and, therefore, is exempt from the prohibited transaction provisions of sections 406 and 407 of ERISA and section 4975 of the Internal Revenue Code. Whether the procedure of engaging a law firm to value the assets and negotiate the transaction on behalf of the Plan is an acceptable method for determining the fair market value of the assets in question and for effecting the transaction.
1982-35A 07/26/1982 3(1) 3(2)	Mr. Peter J. Pestillo Vice President-Labor Relations Ford Motor Company The American Road Dearborn, Michigan 48121	Whether the Guaranteed Income Stream Benefit Program, part of the collective bargaining agreement between Ford Motor Company and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (the UAW), is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA and not an employee pension benefit plan within the meaning of section 3(2) of title I of ERISA.
1982-34A 07/22/1982 3(4)	Bruce A. Bordine, Trustee Bordine's Better Blooms, Inc. 1835 S. Rochester Road Rochester, Michigan 48063	Whether the Bordine's Better Blooms Voluntary Employee Benefit Trust qualifies for the limited exemption under Department of Labor regulation 29 C.F.R §2520.104-20, regarding the filing of Forms 5500 for employee welfare benefit plans with fewer than 100 participants.
1982-33A 07/21/1982 104(b)(4)	Mr. Albert J. Yonke Yonke, Shackelford & Arnold, P.C. 1710 Traders Bank Building 1125 Grand Avenue Kansas City, Missouri 64106	Whether the Boards of Trustees of the Construction Industry Laborers Pension Fund and Construction Industry Laborers Welfare Fund or the plan administrator are not required by section 104(b)(4) of ERISA or 29 CFR §2520.102-3(t)(2) to make available, upon written request of a participant, past participant or beneficiary, copies of minutes of the regular and/or special meetings of the Boards of Trustees or the Committee meetings of said Boards.
1982-32A 07/20/1982 403(c )(1) 404(a)(1) 406(a) 406(b)(2)	Mr. Robert A. Georgine National Coordinating Committee for Multiemployer Plans Suite 603 815 Sixteenth Street, N.W. Washington, D.C. 20006	Whether the following acts or transactions are prohibited by section 406 of ERISA: Direct reporting by a multiemployer plan, or by an insurance company or other party making payments on behalf of the plan, to comply with section 6051(f) of the Code. Payment by a multiemployer plan, or by an insurance company or other party making payments on behalf of the plan, of the employer's portion of the FICA taxes on sick pay. Participation by the employer-appointed trustees in implementing either of the above. Payment by a multiemployer plan of the employee's portion of the FICA taxes on sick pay, through either the direct or the indirect method as described above.
1982-31A 07/14/1982 3(14) 3(14)(G) 3(21)(A) 401(b) 406(a) 406(b) 408(b)(2) 408(c )(2)	Mr. Brent R. Armstrong, Esquire Suitter, Axland & Armstrong Seventh Floor Clark Learning Office Center 175 South West Temple Salt Lake City, Utah 84101	Whether the formation and operation of Pension Equity Growth Trust, a pooled trust of the type described in Revenue Ruling 81-100 to provide qualified employee benefit plans with a vehicle for pooling a portion of their assets for investments in real estate, real estate loans and, to some extent, in government securities, raises prohibited transactions under ERISA.
1982-30A 07/07/1982 403	James D. Hutchinson, Esquire Steptoe & Johnson 1250 Connecticut Avenue Washington, D.C. 20036	Whether Analytic, a registered investment adviser and a fiduciary of the Fund, or any other person selected as investment manager for the Fund, would be considered an "investment manager," as defined in section 3(38) of ERISA, with respect to each employee benefit plan participating in the Fund. Whether a named fiduciary of a plan participating in the Fund would be considered to have delegated authority to the Fund's investment manager to manage, acquire, or dispose of plan assets in accordance with section 403(a)(2) of ERISA.
1982-29A 07/02/1982 3(1) 3(2)	Mr. Ralph O. Winger Cahill Gordon & Reindel Eighty Pine Street New York, New York 10005	Whether the Forest Oil Corporation and Forest Oil of Canada, Ltd. Division Overriding Royalty Bonus Plan is an employee benefit plan within the meaning of ERISA section 3(3) and thus is covered by ERISA title I.
1982-28A 06/21/1982	Mr. William D. Hyatt Special Assistant U.S. Attorney U.S. Department of Justice c/o Miami Strike Force 77 South East 5th Street, Suite 401 Miami, Florida 33131	Whether the Massachusetts Laborers Health and Welfare Fund, the Rhode Island Laborers Health and Welfare Heavy Construction Trust Fund, the Rhode Island Laborers Health and Welfare Fund, and the Broward County Carpenters Health and Welfare Fund (hereinafter referred to as the Plans) are covered by ERISA.
1982-27A 06/16/1982 3(2)	Mr. Garry P. Jerome Pepper, Hamilton & Scheetz 123 South Broad Street Philadelphia, Pennsylvania 19109	Whether the individual retirement account (IRA) payroll deduction program of the Consolidated Rail Corporation (Conrail) would constitute an employee pension benefit plan within the meaning of section 3(2) of ERISA.