Advisory Opinions

This inquiry addresses two questions regarding the joint and survivor annuity provisions of ERISA: (1) whether a joint and survivor is required under a defined contribution plan that provides for lump-sum distributions but allows employees to direct the value of their account to purchase an annuity; (2) whether a plan must provide for a joint and survivor annuity, regardless of the wishes of a surviving spouse, if the employee dies before retirement but after attaining early retirement age.

Whether a profit-sharing plan that allows early payment of benefits to employees who leave the company, provided their share is below a certain dollar amount, is permissible under ERISA or whether a one-year break in service must elapse first.

Whether section 2530.200b-3(c) of DOL regulations published on September 8 should be construed to require multiemployer plans to obtain records of hours worked from member employers.

Whether a defined benefit pension plan containing supplemental early retirement benefits satisfied the requirements of section 204(b)(1)(G) of ERISA.

Whether deferred compensation plan for select management employees is subject to the participation, funding, and vesting provisions of ERISA.

Whether the Key Employees Deferred Compensation and Retirement Plan is subject to Parts 2, 3, and 4 of Title I of ERISA.

This communication addresses three questions regarding the rights of plan participants under ERISA when they leave employment before reaching retirement age: (1) whether a participant who is 100 percent vested has a right to receive accrued pension benefits upon termination of employment; (2) whether a terminated employee could be treated differently from an employee who voluntarily elects to retire early; and (3) whether a terminated employee with a 100 percent vested interest in their accrued benefit would lose it if they die prior to becoming eligible to receive their first monthly benefit check.

Whether a retired pension plan participant may suffer suspension of retirement income payments if they engage in employment or business activity considered competitive with or “otherwise prejudicial” to their former employer.

Whether the EBS-1 form is a legal document that can only be prepared by a lawyer.

Request for approval of the transfer of claim records from one plan administrator to its successor.