Advisory Opinions

2015
AO/ Date/ Reference
Recipient
Description of Request
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).

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.

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.

2031-02A
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.

2012
AO/ Date/ Reference
Recipient
Description of Request
2012-06A
09/24/2012
3(1)

Randal S. Yoshida
Yoshida & Associates
Pacific Guardian Center, Mauka Tower
737 Bishop Street, Suite 2730 
Honolulu, Hawaii  96813

Whether the Hawaii Laborers’ and Employers’ Cooperation and Education Trust Fund,  a fund established and operated as a labor management cooperation committee under section 302(c)(9) of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 186(c)(9), is an employee welfare benefit plan within the meaning of section 3(1) of Title I of ERISA.

2012-05A
07/20/2012
407(d)(4)
408(e)

Mr. Brian Berglund
Bryan Cave LLP
One Metropolitan Square
211 North Broadway, Suite 3600
St. Louis, Missouri 63102-2750

Whether the requirements for "qualifying employer real property" under ERISA section 407(d)(4)(A) are satisfied when a single parcel of real property is contributed to or sold by a pension plan such that section 408(e) of ERISA would be available for such transaction.

2012-02A
05/25/2012
3(32)(A)

Ms. Sandy L. Friess, CPA
WIPFLi LLP 
2901 East Enterprise Avenue
Suite 500
Appleton, WI 54913

Whether the status of a “safe harbor” 403(b) plan under 29 C.F.R. 2510.3-2(f) would be adversely affected if the employer makes “matching” contributions into another pension plan based on the employees’ salary deferrals to the 403(b) plan.
 

2012-03A
05/25/2012
3(2)

Mark A. Sletto, Esquire
Benefits & Business Law Advisors, PLLC
2600 Eagan Woods Drive, Suite 450 
Eagan, Minnesota 55121-1152

Whether an arrangement to be established by National Retirement Plan, Inc. to merge unrelated abandoned individual account plans would constitute an “employee pension benefit plan” within the meaning of ERISA section 3(2).

 

 
2012-04A
05/25/2012
3(2)

Robert J. Toth, Jr.
Law Offices of Robert J. Toth, Jr.
110 West Berry Street, Suite 1809
Fort Wayne, Indiana 46802

Whether a retirement savings program marketed by 401(k) Advantage LLC as a multiple employer plan would be a single “employee benefit plan” within the meaning of ERISA section 3(2) where multiple unrelated employers adopt the Plan to provide retirement benefits to their employees.

2012-01A
04/27/2012
3(32)
4(b)(1)

The Honorable Dannel P. Malloy
Governor of Connecticut
State Capitol
210 Capitol Avenue
Hartford, CT 06106

Whether the status of the Group Health Plan for Employees of the State of Connecticut as a "governmental plan" within the meaning of section 3(32) of ERISA would be adversely affected if the State permitted participation by certain private nonprofit employers who perform public service functions under contract with the State or receive substantial funding from governmental sources.