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Top-Hat Plan: Oral Promise May Be Enforceable (PDF)
Utz, Miller, Kuhn & Eickman, LLC
[Guidance Overview] June 16, 2008 2 pages. Excerpt: A federal district court recently concluded that an executive may base a claim for top-hat plan benefits on oral, rather than written, misrepresentations. This is notable because the court distinguished top-hat plans from plans that are subject to ERISA's plan document requirement, where the court indicated that oral promises would often be unenforceable. The case is Hay Group, Inc. v. Bassick (N.D. Ill. 2008). MORE >> |
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