Former Employee Fails To Show Pension Plan Is Not ‘Top-Hat’ Plan, Panel Affirms

(November 28, 2017, 10:10 AM EST) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Nov. 24 affirmed a lower federal court’s finding that the former employee of the University of Pittsburgh Medical Center cannot recover pension benefits under the Employee Retirement Income Security Act because he sought benefits under a top-hat plan, rejecting the appellant’s argument that plan participant bargaining power is a substantive element of a top-hat plan (Paul F. Sikora v. UPMC, et al., No. 17-1288, 3rd Cir., 2017 U.S. App. LEXIS 23796)....

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