On April 28, 2004, the US Department of Labor issued a prohibited transaction class exemption permitting the acquisition, holding and sale of certain publicly traded shares of beneficial interest in a real estate investment trust (REIT) that is structured under state law as a business trust by individual account plans sponsored by such business trust or its affiliates. This exemption will allow employee benefit plans sponsored by trust structured REIT's to provide for investment in such trust structured REIT's.

In effect, the exemption will allow REIT's to structure themselves as a trust or corporation without impacting the ability of participants in an employee benefit plan of such REIT to invest in the REIT.