"It would appear to be more logical to find that the person must first be determined to be a fiduciary based on other actions it took with respect to the plan, and then examine whether a breach of fiduciary duty occurred in setting the level of fiduciary compensation. If setting its own compensation level is what makes a vendor a fiduciary, then almost any plan record-keeper could be held to be a fiduciary under the reasoning adopted by the Golden Star court because most form contracts ... permit plan vendors to change at least some rates for service, by simply providing advance notice." [Golden Star v. Mass Mutual [sic] Life Insurance, No. 3:11-30235-PBS (D. Mass. May 20, 2014)]  MORE >>