Title II of ERISA in a way that would apply fiduciary status in a wider array of advice relationships than the five-part test in the 1975 regulation. Experts share strategies for helping advisers taking on 3(38) fiduciary clients understand how they can set up the right processes and procedures.William A Corbin can help you achieve your financial goals. Learn about Retirement, Investing, Family, Business Planning, and Mosaic. When an adviser deals with IRA clients, ERISA's fiduciary duties do not apply, but the prohibited transaction and excise tax provisions of the Code do. In San Jose, California. Each state can apply their own unique laws. As mentioned earlier, ERISA requires every plan to have a plan administrator or named fiduciary (this is not the "third party administrator" or "TPA").