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.

Index in XML Format | Data Dictionary

 

2017
AO/ Date/ Reference
Recipient
Description of Request
2017-02AC
05/16/2017
3(40)
3(5)

Darcy L. Hitesman
Hitesman & Wold
12900 – 63rd  Avenue North
Maple Grove, MN 55369

Whether a sub-group of employer members of a trade association could constitute a “group or association of employers” within the meaning of section 3(5) of ERISA capable of sponsoring a multiple employer plan, and whether a group health plan proposed by the sub-group would constitute a multiple employer welfare arrangement within the meaning of section 3(40) of ERISA.

2017-01A
01/13/2017
3(1)
3(40)

Vanessa A. Scott, Esq.
Sutherland Asbill & Brennan LLP
700 Sixth Street NW, Suite 700
Washington, DC 20001-3980

This advisory opinion concerns how the definition of employee welfare benefit plan and the definition of multiple employer welfare arrangement might apply to a program of administrative services.

2015
AO/ Date/ Reference
Recipient
Description of Request
2015-02A
10/19/2015
401(b)

Nancy S. Gerrie
McDermott Will & Emery
227 West Monroe Street
Chicago, Illinois 60606-5096

 

Whether stop-loss insurance policies purchased by a plan sponsor to manage risk associated with a self-insured contributory welfare plan would constitute plan assets.

2015-01A
10/19/2015
3(1)
3(4)

Christopher Chediak
Weintraub Tobin
400 Capitol Mall, 11th Floor
Sacramento, California 95814

Whether a long term disability program is an "employee welfare benefit plan" within the meaning of ERISA 3(1) sponsored by the California Law Enforcement Association as an "employees' beneficiary association" within the meaning of ERISA 3(4).

2013
AO/ Date/ Reference
Recipient
Description of Request
2013-05A
11/01/2013
PTE 84-14

Susan M. Camillo, Esq.
Dechert LLP
200 Clarendon Street, 27th Floor
Boston, MA 02116-5021

Whether certain deferred prosecution agreements entered into by an investment manager's affiliate constitute criminal "convictions" for purposes of Section I(g) of PTE 84-14, thereby disqualifying the investment manager from acting as a qualified professional asset manager under PTE 84-14.

2013-04A
09/09/2013
PTE 77-4

Melanie Franco Nussdorf, Esq.
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036

Whether the delivery of a "summary prospectus" satisfies certain disclosure requirements of PTE 77-4.

2013-03A
07/03/2013
2510.3-101
404
406

Stephen M. Saxon
Andree M. St. Martin
Groom Law Group, Chartered
1701 Pennsylvania Ave., NW
Washington, DC 20006-5811

This advisory opinion concerns the application of ERISA plan asset and fiduciary obligations to contractual arrangements between plans and service providers whereby a plan obtains credits or rights to share in revenue sharing payments the service provider receives as a result of plan investments.

2013-02A
06/12/2013
3(37)

Andrew F. Zazzali, Jr., Esq.
Zazzali, Fagella, Nowak, Kleinbaum & Friedman
One Riverfront Plaza, Suite 320
Newark, New Jersey 07102

Whether documents involving participation in the Teamsters Joint Council No. 73 Pension Plan by “officers, business agents, trustees, or clerical employees” of the Joint Council and local unions affiliated with the Joint Council constitute “collective bargaining agreements” for purposes of making an election that the plan be treated as a multiemployer plan pursuant to ERISA section 3(37)(G)(i)(II).

2013-01A
02/07/2013
3(14)
3(21)
406
PTE 84-14
PTE 96-23

Melanie Franco Nussdorf, Esq.
Steptoe & Johnson LLP
1330 Connecticut Avenue, NW
Washington, DC 20036-1795

This advisory opinion concerns the application of the fiduciary and prohibited transaction provisions of ERISA to certain “cleared swap” transactions conducted pursuant to provisions of the Dodd-Frank Act.