[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2584.8477(e)-6]

[Page 604-605]
 
                             TITLE 29--LABOR
 
 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 
                                  LABOR
 
PART 2584_RULES AND REGULATIONS FOR THE ALLOCATION OF FIDUCIARY 
RESPONSIBILITY--Table of Contents
 
Sec. 2584.8477(e)-6  Definitions.

    As used in this part:
    (a) Act means the Federal Employees' Retirement System Act of 1986, 
5 U.S.C. 8401 et seq. (Supp. III 1997);
    (b) Board means the Federal Retirement Thrift Investment Board 
established pursuant to 5 U.S.C. 8472;
    (c) Common Stock Index Investment Fund means the fund established 
under 5 U.S.C. 8438(b)(1)(C);
    (d) Executive Director means the executive director of the Federal 
Retirement Thrift Investment Board as appointed pursuant to 5 U.S.C. 
8474;
    (e) Fiduciary duty and fiduciary responsibility mean any duty or 
responsibility which involves the exercise of discretionary authority or 
discretionary control over--
    (1) The management or disposition of the assets of the Thrift 
Savings Fund, or
    (2) The administration of the Thrift Savings Fund;
    (f) Fixed Income Investment Fund means the fund established under 5 
U.S.C. 8438(b)(1)(B);
    (g) Government Securities Investment Fund means the fund established 
under 5 U.S.C. 8438(b)(1)(A);
    (h) International Stock Index Investment Fund means the fund 
established under 5 U.S.C. 8438(b)(1)(E);
    (i) Investment manager means any fiduciary who--
    (1) Has the power to manage, acquire or dispose of any asset of the 
plan,
    (2) Is:
    (i) Registered as an investment adviser under the Investment 
Advisers Act of 1940 (15 U.S.C. 80b-1),
    (ii) Not registered as an investment adviser under such Act by 
reason of paragraph (1) of section 203A(a) of such Act (15 U.S.C. 80b-
3a) but is registered as an investment adviser under the laws of the 
state (referred to in such paragraph (1)) in which it maintains its 
principal office and place of business, and, at the time the fiduciary 
last filed the registration form most recently filed by the fiduciary 
with such state in order to maintain the fiduciary's registration under 
the laws of such state, also filed a copy of such form with the 
Secretary of Labor,
    (iii) A bank, as defined in that Act, or

[[Page 605]]

    (iv) An insurance company qualified to perform services described in 
paragraph (i)(1) of this section under the laws of more than one state, 
and
    (3) Has acknowledged in writing that he or she is a fiduciary with 
respect to the Thrift Savings Fund;
    (j) Qualified professional asset manager has the meaning which is 
prescribed at 5 U.S.C. 8438(a)(7);
    (k) Small Capitalization Stock Index Investment Fund means the fund 
established under 5 U.S.C. 8438(b)(1)(D);
    (l) Thrift Savings Fund means the fund established under 5 U.S.C. 
8437.

[53 FR 52687, Dec. 29, 1988, as amended at 65 FR 34394, May 30, 2000]