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.
| AO/ Date/ Reference | Recipient | Description of Request |
|---|---|---|
|
12/23/1975
401 4(b) |
Anonymous |
Whether the Company’s unfunded non-qualified retirement benefit program (Pension System) is covered under ERISA. |
|
12/14/1975
4(b) |
Anonymous |
Whether the Union Local Accident and Death Benefit Fund (Fund) is exempt from ERISA. |
|
11/10/1975
4(b) |
Anonymous |
Whether the jurisdictional standard of the Labor Management Relations Act (LMRA) will be used to determine if an employer is "engaged in commerce or in an industry affecting commerce" under ERISA and therefore whether the employer’s would be exempt from ERISA coverage. |
|
07/21/1975
4(b) |
Anonymous |
How ERISA affects the pension plan of a not-for-profit school. |
|
07/01/1975
4(b) |
Anonymous |
Inquiry regarding the status of non-profit organizations under ERISA. |
|
04/17/1975
3(3) 4(b) |
Anonymous |
Whether a plan that provides retirement income for independent contractors of a hospital is a pension plan within the meaning of ERISA. |
|
03/10/1975
4(b) |
Anonymous |
Whether the non-qualified pension plan created under the agreement between [city] and Local No. [number] is subject to the funding requirements of Part 3 of Title I of the ERISA. |
|
12/31/1975
3(32) 4(b)(1) |
Anonymous |
Whether a pension plan for employees of a wholly owned instrumentality of the state that is exempt from Federal income tax is a governmental plan and therefore exempt from coverage under section 4(b)(1). |
|
12/31/1975
3(32) 4(b)(1) |
Anonymous |
Whether the pension plan of the Fire Protection District is covered under the provisions of ERISA and therefore is exempt from coverage. |
|
12/31/1975
3(32) 4(b)(1) |
Anonymous |
Whether the Employees Retirement Program (Plan) established by the Housing Authority qualifies as a "governmental plan" under ERISA and is therefore exempt from coverage. |