A person is a fiduciary with respect to a retirement plan if he or she:
- Exercises any discretionary authority or control with respect to the management of a plan, or exercises any authority or control with respect to the management or disposition of plan assets;
- Renders investment advice to a plan for a fee or other compensation, directly or indirectly, with respect to any moneys or property of the plan, or has any authority or responsibility to do so; or
- Has any discretionary authority or responsibility in administering the plan.
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