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.
IRC §4975(e)(3), ERISA §3(21)(A);