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.

Data Dictionary

1980
AO/ Date/ Reference Recipient Description of Request
01/25/1980
3(1)
3(2)
3(3)
3(4)
3(5)
3(7)

Mr. V. Grady O'Malley
Special Attorney
U.S. Department of Justice
Room 635 Federal Building
970 Broad Street
Newark, New Jersey 07102

Whether the Local 734 Pension Fund, Laborers’ International Union of North America (the Pension Fund) and the Local 734 Welfare Fund, Laborers' International Union of North America (the Welfare Fund) are covered under both title I of the Employee Retirement Income Security Act of 1974 (ERISA) and the predecessor law, the Welfare and Pension Plans Disclosure Act, as Amended (WPPDA).

01/18/1980
514(a)

Mr. Michael C. Greenfield
Asher, Goodstein, Pavalon, Gittler, Greenfield and Segall, Ltd.
228 North LaSalle Street
Chicago, Illinois 60601

Whether the payment of pension benefits to a non-employee former spouse is an assignment or alienation of benefits prohibited by ERISA section 206(d)(1) or whether Illinois marital property laws relate to employee benefit plans within the meaning of ERISA section 514(a) and are therefore preempted.

01/16/1980
3(1)
3(4)
3(5)
514

Richard A. Block, Esq.
Grayson, Gross, Friedman, Phillips, Rasch & Block, P.C.
Suite 2121
10880 Wilshire Boulevard
Los Angeles, California 90024

Whether the Michigan Association of Timbermen Employee Benefit Plan Trust (MAT Trust) does not provide insurance, and that Michigan state laws applicable to it are preempted by section 514 of ERISA.

01/02/1980
407

Kenneth Foster, Esquire
Ice Miller Donadio and Ryan
111 Monument Circle
Indianapolis, Indiana 46204

Whether the Baldwin & Lyons, Inc. Employees’ Pension Plan (the Plan) is required to divest of employer securities by December 31, 1979, under section 407(a) (4) of the Employee Retirement Income Security Act of 1974 (ERISA) and the regulations thereunder issued by the Department of Labor (the Department).