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.

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**1979**
AO/ Date/ Reference	Recipient	Description of Request
1979-36 06/11/1979 3(32) 4(b)(1)	Harold Baer, Jr, Esq. Guggenheimer and Untermeyer 80 Pine Street New York, New York 10015	Whether four Teamsters health and welfare trust funds are "governmental plans," within the meaning of section 3(32) ERISA.
1979-35 05/31/1979 514(a)	Mr. Joseph W. Kane General Counsel The Commonwealth of Massachusetts Executive Office of Manpower Affairs Department of Labor and Industries Leverett Saltonstall Building, Government Center 100 Cambridge Street Boston, Massachusetts 02202	Whether the criminal provisions of the Massachusetts "Health, Welfare and Retirement Funds" Law are preempted under section 514 of ERISA.
1979-34 05/24/1979 3(1) 3(2) 3(5)	Mr. R. Hardin Matthews Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110	Whether the Frederick Wainwright Bradlee Pension Fund and the Seth Sprague Pension Fund collectively constitute an "employee benefit plan" as defined in section 3(3) of ERISA.
1979-33 05/22/1979 3(2) 3(3)	Mr. George C. Niebank, Jr. Vice President - Law Santa Fe Industries, Inc. 224 S. Michigan Avenue Chicago, Illinois 60604	Whether the Santa Fe Industries Employee Stock Ownership Plan is an employee benefit plan within the meaning of title I of ERISA.
1979-32 05/22/1979 3(1) 403	Mr. Mark S. Dray Hunton and Williams 707 East Main Street Richmond, Virginia 23212	Whether the C and O Employees’ Hospital Association program constitutes an employee welfare benefit plan within the meaning of ERISA section 3(1) and if it is, that it be exempt from the application of ERISA section 403(a) which requires that all assets of an employee benefit plan be held in trust.
1979-31 05/22/1979 514(a)	Honorable Jeff Douthwaite Member of the House of Representatives of the State of Washington Chairman, House Committee on Insurance Olympia, Washington 98504	Whether a proposal to amend Washington State insurance laws to require the insurance commissioner’s approval before an insurance company can assume the obligations of an employee welfare benefit plan is preempted under ERISA.
1979-30 05/14/1979 514(a)	Mr. Charles Dolci, Jr. Corporate counsel Fairchild Camera and Instrument Corporation 464 Ellis Street Mountain View, California 94042	Whether the State of California Unclaimed Property Law is preempted under ERISA section 514.
1979-29 05/11/1979 406 408(b)(8)	Theodore R. Groom, Esq. Groom and Nordberg 1775 Pennsylvania Ave N.W. Washington, D.C. 20006	Whether the acquisition of contractual interests in an insurance company account by an employee benefit plan to which the insurance company is a party in interest at the direction of a plan participant acting pursuant to the terms of the plan or at the direction of a plan fiduciary other than the Insurance Company or its affiliates is a prohibited transaction, provided the insurance company receives no more than reasonable compensation.
1979-28 05/08/1979	Mr. Robert Scheff Hughes Hubbard & Reed One Wall Street New York, New York 10005	Whether the aggregate value of employer securities that must be divested by the Pennsylvania Enterprises, Inc. Employees' Retirement Plan on or before December 31, 1979, under section 407(a)(4) of ERISA is $25,201, and whether this requirement may be met by sales by the Plan of whatever number and type of employer securities the proceeds of which total $25,201.
1979-27 05/08/1979	Mr. William K. Howell Senior Vice President and Trust Officer Blount National Bank P.O. Box 608 Maryville, Tennessee 37801	Whether the stock of the Southeastern Life Insurance Company held by Blount National Bank Retirement Trust constitutes qualifying employer securities under ERISA, and whether the Trust will have met the 10 percent limitations of section 407(a) with respect to the holding of qualifying employer securities if those holdings are not more than 10 percent of the Trust’s assets by December 31, 1978