Discretionary Trustee definition
Examples of Discretionary Trustee in a sentence
A Trustee is a Discretionary Trustee to the extent the Trustee has exclusive authority and discretion with respect to the investment, management or control of Plan assets.
The Trustee may be a Discretionary Trustee or a Directed Trustee.
The Trustee identified in the Trustee Declaration under the Agreement shall act either as a Discretionary Trustee or as a Directed Trustee, as identified under the Agreement.
A Trustee is a Discretionary Trustee to the extent the Trustee has exclusive authority and discretion to invest, manage or control the Plan assets without direction from any other person.
A Discretionary Trustee has exclusive authority and discretion with respect to the investment, management or control of Plan assets.
Notwithstanding a Trustee’s designation as a Discretionary Trustee, a Trustee’s discretion is limited, and the Trustee shall be considered a Directed Trustee, to the extent the Trustee is subject to the direction of the Plan Administrator, the Employer, or a properly appointed investment manager under an agreement between the Plan Administrator and the Trustee.
Notwithstanding a Trustee’s designation as a Discretionary Trustee, a Trustee’s discretion is limited, and the Trustee shall be considered a Directed Trustee, to the extent the Trustee is subject to the direction of the Plan Administrator, the Employer, a properly appointed Investment Manager, or a Named Fiduciary under an agreement between the Plan Administrator and the Trustee.
A Trustee that is designated as a Discretionary Trustee in the Adoption Agreement, accepts such designation by executing the Adoption Agreement, and thereby enters into an agreement with the Employer whereby the Trustee and not the Employer will select the appropriate investments for all or a portion of the Plan in accordance with the Plan's policies and procedures and will perform such other tasks as agreed between the Trustee and Employer.
The Trustee may act either as a Directed Trustee or as a Discretionary Trustee, as designated in the Trust Declaration.
In this case, the BOA has appointed Benefit Trust Company (“BTC”) as Discretionary Trustee and Trust Fund custodian, who may further designate and delegate any corresponding Investment Manager responsibilities as set forth below.