[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Notices]
[Pages 3657-3658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1199]
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
[Prohibited Transaction Exemption 95-01; Exemption Application No. D-
09742, et al.]
Grant of Individual Exemptions; Allied Old English, Inc.
Employees' Profit Sharing Plan, et al.
AGENCY: Pension and Welfare Benefits Administration, Labor.
ACTION: Grant of Individual Exemptions.
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SUMMARY: This document contains exemptions issued by the Department of
Labor (the Department) from certain of the prohibited transaction
restrictions of the Employee Retirement Income Security Act of 1974
(the Act) and/or the Internal Revenue Code of 1986 (the Code).
Notices were published in the Federal Register of the pendency
before the Department of proposals to grant such exemptions. The
notices set forth a summary of facts and representations contained in
each application for exemption and referred interested persons to the
respective applications for a complete statement of the facts and
representations. The applications have been available for public
inspection at the Department in Washington, D.C. The notices also
invited interested persons to submit comments on the requested
exemptions to the Department. In addition the notices stated that any
interested person might submit a written request that a public hearing
be held (where appropriate). The applicants have represented that they
have complied with the requirements of the notification to interested
persons. No public comments and no requests for a hearing, unless
otherwise stated, were received by the Department.
The notices of proposed exemption were issued and the exemptions
are being granted solely by the Department because, effective December
31, 1978, section 102 of Reorganization Plan No. 4 of 1978 (43 FR
47713, October 17, 1978) transferred the authority of the Secretary of
the Treasury to issue exemptions of the type proposed to the Secretary
of Labor.
Statutory Findings
In accordance with section 408(a) of the Act and/or section
4975(c)(2) of the Code and the procedures set forth in 29 CFR Part
2570, Subpart B (55 FR 32836, 32847, August 10, 1990) and based upon
the entire record, the Department makes the following findings:
(a) The exemptions are administratively feasible;
(b) They are in the interests of the plans and their
participants and beneficiaries; and
(c) They are protective of the rights of the participants and
beneficiaries of the plans.
Allied Old English, Inc. Employees' Profit Sharing Plan (the Plan)
Located in Port Reading, New Jersey
[Prohibited Transaction Exemption 95-01; Application No. D-09742]
Exemption
The restrictions of sections 406(a), 406(b)(1) and (b)(2) of the
Act and the sanctions resulting from the application of section 4975 of
the Code, by reason of section 4975(c)(1) (A) through (E) of the Code,
shall not apply to the loan (the Loan) of $600,000 by the Plan to the
Harold Ross Trust, a party in interest with respect to the Plan.
This exemption is conditioned upon the following requirements: (a)
The terms of the Loan are at least as favorable to the Plan as those
obtainable in an arm's length transaction with an unrelated party; (b)
the Loan does not exceed twenty-five percent of the assets of the Plan
at any time during the duration of the Loan; (c) the Loan is secured by
a first deed of trust on certain real property (the Property) which has
been appraised by an independent, qualified appraiser to ensure that
the fair market value of the Property is at least 150 percent of the
amount of the Loan; (d) the fair market value of the Property remains
at least equal to 150 percent of the outstanding balance of the Loan
throughout the duration of the Loan; (e) the independent, qualified
fiduciary determines on behalf of the Plan that the Loan is in the best
interests of the Plan and protective of the Plan's participants and
beneficiaries; and (f) the independent, qualified fiduciary monitors
compliance with the terms of the Loan and conditions of the exemption
throughout the duration of the transaction, taking any action necessary
to safeguard the Plan's interest, including foreclosure on the Property
in the event of default.
EFFECTIVE DATE: This exemption is effective as of December 29, 1994.
For a more complete statement of the facts and representations
supporting the Department's decision to grant this exemption, refer to
the notice of proposed exemption published on November 14, 1994, at 59
FR 56535.
[[Page 3658]] FOR FURTHER INFORMATION CONTACT: Kathryn Parr of the
Department, telephone (202) 219-8971. (This is not a toll-free number.)
Wilson Sporting Goods Co. 401(k) Savings Plan (the Plan) Located in
Chicago, Illinois
[Prohibited Transaction Exemption 95-02; Application No. D-09803]
Exemption
The restrictions of sections 406(a), 406(b)(1) and (b)(2) of the
Act and the sanctions resulting from the application of section 4975 of
the Code, by reason of section 4975(c)(1) (A) through (E) of the Code
shall not apply to (1) the past interest-free loan to the Plan (the
Loan) by Wilson Sporting Goods Co. (the Employer), a party in interest
with respect to the Plan, and (2) the Plan's potential repayment of the
Loan upon the receipt by the Plan of payments under Guaranteed
Investment Contract No. CG01314A3A (the GIC) issued by Executive Life
Insurance Company (Executive Life); provided the following conditions
are satisfied:
(A) No interest or expenses are paid by the Plan in connection with
the transaction;
(B) The Loan will be repaid only out of amounts paid to the Plan by
Executive Life, its successors, or any other responsible third party;
and
(C) Repayment of the Loan is waived with respect to the amount by
which the Loan exceeds GIC proceeds.
For a more complete statement of the facts and representations
supporting the Department's decision to grant this exemption, refer to
the notice of proposed exemption published on November 14, 1994 at 59
FR 56550.
EFFECTIVE DATE: This exemption is effective as of April 1, 1994.
FOR FURTHER INFORMATION CONTACT: Virginia J. Miller of the Department,
telephone (202) 219-8971. (This is not a toll-free number.)
Erick M. Jansson, IRA (the IRA) Located in Fayetteville, Arkansas
[Prohibited Transaction Exemption 95-03; Exemption Application No. D-
09847]
Exemption
The sanctions resulting from the application of section 4975 of the
Code, by reason of section 4975(c)(1) (A) through (E) of the Code,
shall not apply to the proposed sale of an overriding royalty interest
in oil and gas (the Interest) by the IRA to Mr. Erick M. Jansson (Mr.
Jansson), a disqualified person with respect to the IRA, for $95,000 in
cash, provided:
(a) The IRA pays no commissions or other expenses in connection
with the sale;
(b) The fair market value of the Interest is determined by a
qualified independent appraiser; and
(c) The IRA receives no less than the fair market value of the
Interest on the date of the sale.1
\1\Pursuant to 29 CFR 2510.3-2(d), the IRA is not within the
jurisdiction of Title I of the Act. However, there is jurisdiction
under Title II of the Act pursuant to section 4975 of the Code.
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For a more complete statement of the facts and representations
supporting the Department's decision to grant this exemption refer to
the notice of proposed exemption published on December 5, 1994 at 59 FR
62419.
FOR FURTHER INFORMATION CONTACT: Gary H. Lefkowitz of the Department,
telephone (202) 219-8881. (This is not a toll-free number.)
General Information
The attention of interested persons is directed to the following:
(1) The fact that a transaction is the subject of an exemption
under section 408(a) of the Act and/or section 4975(c)(2) of the Code
does not relieve a fiduciary or other party in interest or disqualified
person from certain other provisions to which the exemptions does not
apply and the general fiduciary responsibility provisions of section
404 of the Act, which among other things require a fiduciary to
discharge his duties respecting the plan solely in the interest of the
participants and beneficiaries of the plan and in a prudent fashion in
accordance with section 404(a)(1)(B) of the Act; nor does it affect the
requirement of section 401(a) of the Code that the plan must operate
for the exclusive benefit of the employees of the employer maintaining
the plan and their beneficiaries;
(2) These exemptions are supplemental to and not in derogation of,
any other provisions of the Act and/or the Code, including statutory or
administrative exemptions and transactional rules. Furthermore, the
fact that a transaction is subject to an administrative or statutory
exemption is not dispositive of whether the transaction is in fact a
prohibited transaction; and
(3) The availability of these exemptions is subject to the express
condition that the material facts and representations contained in each
application accurately describes all material terms of the transaction
which is the subject of the exemption.
Signed at Washington, DC, this 12th day of January, 1995.
Ivan Strasfeld,
Director of Exemption Determinations, Pension and Welfare Benefits
Administration, U.S. Department of Labor.
[FR Doc. 95-1199 Filed 1-17-95; 8:45 am]
BILLING CODE 4510-29-P