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Seventh Circuit Decides American United Life Was Not a Fiduciary
Plan Tools 
Apr. 17, 2013
"[T]he 7th Circuit found that [American United Life Insurance Co. (AUL)] was not an ERISA 3(21) fiduciary just because it winnowed the universe of 7,500 mutual funds to offering about 400 on their platform for selection by a plan sponsor.... Key to this decision is that the plan sponsor chooses the final line-up, and regardless of whether AUL has the ability to change the investments offered at their discretion, if they don't exercise that discretion, then they are not a 3(21) fiduciary."
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