"The return to the Five-Part Test narrows who is treated as a fiduciary. In general, an adviser is only considered an ERISA fiduciary if they provide investment advice on a regular basis under a mutual understanding that the advice will serve as a primary basis for investment decisions.... [An] adviser who recommends that a departing employee roll over a 401(k) balance into an IRA may not be acting as an ERISA fiduciary."  MORE >>