The complaint points out the two
main differences between CITs and mutual funds, one of which is that, while ERISA explicitly excludes mutual fund managers from the definition of a fiduciary to the extent they are managing assets of a plan covered by ERISA, the trustees (and any sub-advisers they employ) of CITs are ERISA fiduciaries, according to Department of Labor (DOL) Advisory Opinion 2005 - 09A.