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Internal Channel Sales Team Lead July Business Services
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Daybright Financial
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Relationship Manager – Defined Contributions Daybright Financial
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Experienced Employee Benefits Attorney Shipman & Goodwin LLP
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Scott E. Galbreath of Trucker Huss, in Journal of Deferred Compensation
Sept. 9, 2025
"Cases have examined virtually every portion of the phrase 'maintained primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees.' ... [W]hile it would appear that the factors of 'primarily', 'select group', 'management' and 'highly compensated' seem to be independent, courts often merge them in their analysis. [This article] will examine each of these factors and the case law addressing them ... [DOL Opinion Letter 90-14A] has led to a split in the federal circuits as to the test for top hat group status.... [A] forum selection clause might be used to avoid the lack of certainty in the area."
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