Has any court found that an actuary might be a plan fiduciary?

[Peter Gulia]

Does anyone know about any court decision that found an actuary was a plan fiduciary, or at least that a complaint sufficiently alleged that an actuary was a plan fiduciary?

[Peter Gulia]

Has ASPPA published anything about this?

[Lou S.]

I'm not aware of that having happened.

The most recent court case (or discussion of) that I found actuaries to NOT be fiduciaries. This was from last year.

http://actuarylaw.com/post/61401708983/actuaries-are-not-fiduciaries-and-thats-a-good-thing

That's not to say a different court might take a different view in the future.

[My 2 cents]

There have been court cases where actuaries were found liable for malpractice, which is different from a fiduciary violation.

[mbozek]

Actuaries can only be liable for malpractice if they are considered to be professionals under state malpractice law. Professionals include doctors, lawyers and accountants. In NY actuaries are not considered to be professionals so they can be sued for breach of contract which has a 6 year statute of limitations instead of the shorter 3 year s/l for malpractice.