Blogging Employee Benefits

January 20, 2006

Governmental Plan May Include Several Union Officials

Filed under: DOL, Pensions — Fuguerre @ 11:37 pm

“The Department [of Labor] has previously expressed the view that participation by a de minimis number of private sector employees in a plan that otherwise meets the view of a ‘governmental plan’ in ERISA section 3(32) will not adversely affect the plan’s status as a governmental plan.”

Amendment of the Utah Transit Authority Hourly Employees Retirement Plan to permit continued participation by two employees on leave of absence to perform duties as full-time elected officials of the Amalgamated Transit Union Local 382, the labor union representing UTA employees who participate in the plan, will not adversely affect the plan’s status as a governmental plan as defined by ERISA section 3(32). [Advisory Opinion 2005-21A, 12/21/05]

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