2nd Circuit Affirms ERISA Plan Is Not ‘Top Hat,’ Vacates Award For Recalculation

Mealey's (October 4, 2021, 12:32 PM EDT) -- NEW YORK — In a ruling that it said largely agreed with former employees who asserted claims under the Employee Retirement Income Security Act against a defunct corporation and its owner in regard to a deferred compensation plan, a Second Circuit U.S. Court of Appeals panel on Sept. 29 issued an opinion partly affirming but mostly vacating the ruling of a federal judge in Vermont and remanding the suit for further proceedings....