John Curry to Larry Lewellen: HPA a fiduciary?

From John Curry, August 31, 2009
Subject: Fiduciary?

Mr. Lewellen,

In your recent presentation to the STRS Board at the August meeting you said, and I quote, "We want access to affordable healthcare, and that needs to be defined...and the decision making should be in the hands of the system's fiduciaries which are the STRS leadership and the Healthcare and Pension Advocates." These words can be heard in the STRS-furnished recording (CD #1) of the August 2009 STRS Board meeting.

My question is as follows:

Since when has the HPA become a "fiduciary" for the State Teachers Retirement System of Ohio?

The Ohio Revised Code defines "fiduciaries" as the term applies to STRS. Here is what the ORC says:

3307.01 (K) 1, 2, & 3

(K) “Fiduciary” means a person who does any of the following:

(1) Exercises any discretionary authority or control with respect to the management of the system, or with respect to the management or disposition of its assets;
(2) Renders investment advice for a fee, direct or indirect, with respect to money or property of the system;
(3) Has any discretionary authority or responsibility in the administration of the system.

Would you please tell me how HPA qualifies as a fiduciary of STRS under these definitions?

Thank you,
John Curry
An STRS benefits recipient