Housing authority retirement program exemption

P/OPINION 75-35


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


                        December 31, 1975


Dear              :

This will supplement our prior correspondence as to
whether the above described program is covered under
the provisions of the Employee Retirement Income
Security Act of 1974 (ERISA).

According to the information furnished by you, the
Housing Authority           (Authority), established
an Employees Retirement Program (Plan) through
Life Insurance Company which is funded by both employer
and employee contributions. The Authority operates
under an Annual Contribution Contract with HUD.

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
Authority. Accordingly, it is a "governmental plan" as
defined in section 3(32) of ERISA, and is exempt from
coverage thereunder pursuant to the provisions of section
4(b)(1).

Sincerely,