November 24, 2017 / 9:23 PM / a year ago

Bargaining power not required for ERISA’s ‘top hat’ exemption -3rd Circuit

An exemption for “top hat” plans in the Employee Retirement Income Security Act applies to deferred executive compensation arrangements even if the participants do not have significant input into the plan’s design or operation, a federal appeals court held on Friday.

In a split with other circuits, a unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals affirmed summary judgment for the University of Pittsburgh Medical Center in an ERISA lawsuit filed in 2012 by Paul Sikora, the hospital’s former vice president of information technology infrastructure.

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