Regional school district insured plan exemption

P/OPINION 75-34


                                                  3(32)✓
                                                  4(b)(1)


                        December 31, 1975


Dear              :

This is in response to your letter requesting a determi-
nation whether the above-described plan is covered under
the provisions of the Employee Retirement Income Security
Act of 1974 (ERISA).

According to the information furnished by you, the plan
was established by the Board of Education of the
Regional School District, a public school district, on
          for its employees. Benefits provided under the
plan are to be insured under a group insurance policy
issued by the Insurance Company          . The plan is
funded by both employer and employee contributions and
is administered by the Board of Education of
Regional School District, the named fiduciary of the plan.

Section 4(b)(1) of the ERISA exempts governmental plans
from coverage thereunder. Section 3(32) defines the term
"governmental plan", in part, to mean a plan established
or maintained for its employees by the Government of the
United States, by the government of any State or political
subdivision thereof, or by any agency or instrumentality
of any of the foregoing.

Based on the foregoing, it is concluded that the plan
is established and maintained for its employees by the
Board of Education of the          Regional School
District, a public school district. Accordingly, it is
a "governmental plan" as defined in section 3(32) of the
ERISA, and is exempt from coverage thereunder pursuant to
the provisions of section 4(b)(1).

Sincerely,