As used in this part:

(a) Act means the Federal Employees' Retirement System Act of 1986, 5 U.S.C. 8401 et seq. (Supp. III 1997);

(b) Board means the Federal Retirement Thrift Investment Board established pursuant to 5 U.S.C. 8472;

(c) Common Stock Index Investment Fund means the fund established under 5 U.S.C. 8438(b)(1)(C);

(d) Executive Director means the executive director of the Federal Retirement Thrift Investment Board as appointed pursuant to 5 U.S.C. 8474;

(e) Fiduciary duty and fiduciary responsibility mean any duty or responsibility which involves the exercise of discretionary authority or discretionary control over—

(1) The management or disposition of the assets of the Thrift Savings Fund, or

(2) The administration of the Thrift Savings Fund;

(f) Fixed Income Investment Fund means the fund established under 5 U.S.C. 8438(b)(1)(B);

(g) Government Securities Investment Fund means the fund established under 5 U.S.C. 8438(b)(1)(A);

(h) International Stock Index Investment Fund means the fund established under 5 U.S.C. 8438(b)(1)(E);

(i) Investment manager means any fiduciary who—

(1) Has the power to manage, acquire or dispose of any asset of the plan,

(2) Is:

(i) Registered as an investment adviser under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1),

(ii) Not registered as an investment adviser under such Act by reason of paragraph (1) of section 203A(a) of such Act (15 U.S.C. 80b-3a) but is registered as an investment adviser under the laws of the state (referred to in such paragraph (1)) in which it maintains its principal office and place of business, and, at the time the fiduciary last filed the registration form most recently filed by the fiduciary with such state in order to maintain the fiduciary's registration under the laws of such state, also filed a copy of such form with the Secretary of Labor,

(iii) A bank, as defined in that Act, or

(iv) An insurance company qualified to perform services described in paragraph (i)(1) of this section under the laws of more than one state, and

(3) Has acknowledged in writing that he or she is a fiduciary with respect to the Thrift Savings Fund;

(j) Qualified professional asset manager has the meaning which is prescribed at 5 U.S.C. 8438(a)(7);

(k) Small Capitalization Stock Index Investment Fund means the fund established under 5 U.S.C. 8438(b)(1)(D);

(l) Thrift Savings Fund means the fund established under 5 U.S.C. 8437.

[53 FR 52687, Dec. 29, 1988, as amended at 65 FR 34394, May 30, 2000]