Information Letters

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 information letters, which call attention to well established principles or interpretations.

1996
Date Recipient Description of Request
Information Letter
1996-03-21

Honorable Eugene A. Ludwig
Comptroller of the Currency
250 E Street, S.W.
Washington, DC 20219

Guidance regarding DOL's views with respect to the utilization of derivatives in the management of a portfolio of assets of a pension plan which is subject to ERISA.

Information Letter
1996-02-27

Mr. Lewis A. Siegel
Siegel Benefit Consultants, Inc.
71 Union Avenue
Rutherford, New Jersey 07070

Guidance regarding the application of Title I of ERISA to IRS Procedure No. 95-24, which establishes the TVC Program. Specifically, whether an employer that corrects defects in the tax-qualified status of a tax sheltered annuity program will be considered to have "established" and to "maintain" an employee benefit plan that is covered under Title I of ERISA, based solely on its activities in connection with the TVC Program.

Information Letter
1996-01-16

Ms. Evelyn Petschek
Director, Employee Plans Division
Internal Revenue Service 
1111 Constitution Avenue, NW
Washington, DC 20224

On 10/13/94, the IRS issued National Office Technical Advice Memorandum 9503002 (TAM) regarding the use of pre-tax salary reduction contributions to repay an exempt loan to a leveraged ESOP. While the TAM was limited to the application of sections 401(a)(2) and 4975(e)(7) of the IRC, the issues addressed in the TAM also implicate the fiduciary provisions under Title I of ERISA. As a result, the department has received a number of inquiries as to how the department's analysis of the fiduciary provisions under Title I comports with the Service's interpretation of Treasury regulations, as reflected in the subject TAM. Inasmuch as the department's analysis under Title I differs from the Service's interpretation under the Code, we request that the Service reconsider its views on this matter.

1995
Date Recipient Description of Request
Information Letter
1995-01-19

Ms. Venus Conklin
Byerly & Company
7600 E. Orchard Road, Suite 250 South
Englewood, Colorado 80111

Guidance regarding the qualified medical child support order (QMCSO) provisions of ERISA. The provisions to which you refer were part of COBRA, which also added related provisions to the Social Security Act.

1994
Date Recipient Description of Request
Information Letter
1994-08-11

Ms. Judith A. McCormick
Federal Counsel, American Bankers Association
1120 Connecticut Avenue, NW
Washington, DC 20036

Guidance regarding an editorial entitled Special Analysis, Perspectives on the "Float' Issue, which appeared in the American Banker's Association January 1994 edition of the Trust Letter. Specifically, an apparent misunderstanding in the editorial regarding prohibited self-dealing by banks that serve as fiduciaries to employee benefit plans under ERISA.