Guest Batman Posted July 30, 2003 Posted July 30, 2003 Are top hat benefit plans preempted by ERISA? In other words, if employee has a claim for benefits under a top hat plan, does he have to bring it under ERISA? or can he bring it under state law causes of action?
mbozek Posted July 31, 2003 Posted July 31, 2003 Although exempt from most requirements of ERISA, top hat plans are still considered employee pension plans under ERISA and claims are brought in federal ct under Section 502. Why? mjb
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