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Text of DOL Advisory Opinion 2012-06A: Joint Fund Is Not ERISA-Covered Plan But Could Become One
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
Oct. 1, 2012

"[T]he only benefits which can be said to be provided by the LECET Fund's activities accrue generally to the construction industry in Hawaii and participating employers and their covered bargaining unit employees as a whole rather than to individual participants or beneficiaries.... [G]eneralized industry and workplace improvements of the sort that may be generated by the activities of a labor management cooperation committee are not 'benefits' covered by section 3(1)(B) of ERISA ... Accordingly ... the LECET Fund is not an employee benefit plan covered under Title I of ERISA. The absence of any explicit limitation in the Trust Agreement that would prevent the Fund from providing ERISA-covered welfare or pension benefits to participants or beneficiaries precludes us from assuring you that the Fund will not be an employee benefit plan if it is operated so as to provide a welfare or pension benefit within the meaning of Title I of ERISA."

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