Does the Plan have an Investment Adviser or Investment Manager?

Investment Manager is a precise legal term. The Securities and Exchange Commission (SEC) use of "adviser" is different from the DOL's reference to "Manager." Not all advisers are managers. In order for an adviser to be included in the definition of an investment manager (ERISA Section 3(38)) the adviser must be registered as an investment adviser under the Investment Advisers Act of 1940, or meet the definition of a bank as defined in that Act, or be an insurance company meeting certain definitions. There are many individuals called financial advisers that do not qualify under the definition and cannot provide you with statutory relief.