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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**1978**
AO/ Date/ Reference	Recipient	Description of Request
1978-07A 03/13/1978 3(1) 3(4) 3(5)	Mr. Richard C. Linquanti Ireland, Stapleton, Pryor and Holmes 1700 Broadway Denver, Colorado 80202	Whether the Electrical Industry Benefit Vacation and Paid Holiday Fund is an employee welfare plan within the meaning of section 3(1) of ERISA.
1978-06A 03/13/1978	Mr. David M. Helfeld Arbitrator DX-2, Faculty Residences University of Puerto Rico Rio Piedras, Puerto Rico 00923	Whether the Plan de Pensiones de los Trabajadores de la Puerto Rican Cement Company, Inc., Division de San Juan is covered by ERISA.
1978-05A 03/13/1978 3(1) 3(4) 3(5)	Mr. Donald A. Dowdell Attorney Legal Division Office of Treasurer State of Florida Tallahassee, Florida 32304	Whether the National Business Conference-Employee Benefit Association (NBC-EBA) is an employee welfare benefit plan within the meaning of section 3(1) of ERISA.
1978-04A 02/27/1978 3(4) 3(5)	Mr. Doak Foster Chief Counsel Arkansas Insurance Department 400 University Tower Building Little Rock, Arkansas 72204	Whether the NEBA, Inc. Pre-Paid Legal Service Plan is an employee welfare benefit plan within the meaning of section 3(1) of ERISA.
1978-03A 02/15/1978 514	Mr. Robert M. Yeates Prince, Yeates, Ward & Geldzahler Third Floor John Hancock Building 455 South Third East Street Salt Lake City, Utah 84111	Whether the proposed bill by the Utah Department of Insurance to regulate non-insured employee welfare benefit plans would be preempted by section 514(a) of the Employee Retirement Income Security Act of 1974 (ERISA).
1978-02A 02/15/1978 514	Mr. Gil McCarty Deputy Commissioner Life & Health Division Department of Insurance Second Floor Capital Plaza Tower Frankfort, Kentucky 40601	Whether the Department of Insurance of the Commonwealth of Kentucky may require group health insurance contracts issued in the State to include a guaranteed conversion privilege.
1978-01A 02/15/1978 3(1)	Mr. William I. Aronwald National Counsel American Guild of Variety Artists 600 Madison Avenue New York, New York 10022	Whether the American Guild of Variety Artists Sick and Relief Fund is an employee welfare benefit plan within the meaning of section 3(1) of ERISA.

**1977**
AO/ Date/ Reference	Recipient	Description of Request
1977-92 05/26/1977 406	Unknown	Whether the payment of premiums for health insurance coverage pursuant to a certain arrangement between the insurance company and the employer would involve a prohibited transaction under ERISA.
1977-91 12/22/1977 406(b)(2)	Unknown	Requested exemptions for transactions between collectively bargained multiple-employer plans and certain parties in interest, involving (1) joint use and leasing of office space and provision of administrative services, (2) sales and leases of goods, and (3) delinquent employer contributions. Also whether certain transactions involving construction loans from multiple employer plans to participating employers and loans made by multiple employer plans to unrelated borrowers who use participating employers to make construction improvements are prohibited.
1977-90a 04/25/1977 3(1)	David E. Gordon O’Melveny & Myers 611 West Sixth Street Los Angeles, California 90017	Whether an apprenticeship training program maintained by the company for its union employees is a welfare plan within the meaning of section 3(1) under ERISA.