Sarbanes-Oxley and Top Hat Plans

[Guest CRC02]

Is a top hat plan an "individual account plan" for purposes of Sarbanes-Oxley? I know there are exceptions from the definition for plans consisting solely of the employer or partners in a business partnership, but have been unable to ascertain if a plan comprised of executives and other highly compensated employees must meet the blackout requirements, despite the fact that the plan's assets are general employer assets.

[E as in ERISA]

ERISA Section 101 requires a blackout notice. Regulations Section 2520.104-23 exempts "top hat" plans from the reporting and disclosure requirements of ERISA Sections 101 to 111.

But a top hat plan might not be exempt from some of the SEC requirements.

[Guest ndt123]

The blackout notice applys to plans under ERISA.

The prohibition on insider trading appears to extend to NQPs, including the determination of whether or not there is a blackout.