Fiduciary
Last Updated February 23, 2009
Definition
Any person who does any of the following:
- Exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets
- Renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or
- Has any discretionary authority or discretionary responsibility in the administration of such plan.
Referring Cite
IRC §4975(e)(3), ERISA §3(21)(A);
Additional Helpful Information
- Meeting Your Fiduciary Responsibilities
- Selecting And Monitoring Pension Consultants - Tips For Plan Fiduciaries
- Statement of Assistant Secretary Ann L. Combs on the Duties of Fiduciaries in Light of Recent Mutual Fund Investigations
- A fiduciary includes any person designated under ERISA § 405(c)(1)(B)