- 13 - control regarding the management or disposition of FUH plan assets and because his involvement in the daily operations of FUH was minimal. Petitioner points out that he resigned from the pension committee shortly after it was formed and argues that the committee had exclusive authority and control over the FUH plan. We disagree. Petitioner had discretionary authority and control over the management of the FUH plan, over the disposition of FUH plan assets, and in the administration of the FUH plan when the prohibited transactions occurred; he need not have exercised that authority to be a fiduciary of the FUH plan. Sec. 4975(e)(3)(A), (C). During the years at issue, petitioner was at various times vice president or president of FUH, a member of the executive and finance committees of FUH, a trustee of the FUH plan, and, briefly, president of the pension committee of FUH. The pension committee reported directly to the executive committee when FUH decided to invest plan assets in the program. He was also a member of the finance committee when, on July 21, 1982, Walckner sent a memorandum to members of that committee advising them that, unless they opposed the program within 10 days, the FUH plan would go ahead with the investment in the program. Petitioner thus had a direct role in deciding whether FUH would adopt the program. He exercised discretionary authority and control regarding management of the FUH plan or disposition of its assets. Sec. 4975(e)(3)(A). Petitioner exercised authority over the FUH plan. AsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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