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SIKORA v. UPMC

No. 17-1288.

876 F.3d 110 (2017)

Paul F. SIKORA, Appellant v. UPMC, a Pennsylvania non-stock non-profit corporation a/k/a UPMC Health System; UPMC Health System and Affiliates Non Qualified Supplemental Benefit Plan.

United States Court of Appeals, Third Circuit.

Filed: November 24, 2017.

Attorney(s) appearing for the Case

Michael E. Hoover , Diefenderfer Hoover McKenna & Wood, 310 Grant Street, Suite 1420, Pittsburgh, PA 15219, Counsel for Appellant.

John J. Myers , Eckert Seamans Cherin & Mellott, 600 Grant Street, 44th Floor, US Steel Tower, Pittsburgh, PA 15219, Counsel for Appellees.

Before: SMITH, Chief Judge, McKEE, and RESTREPO, Circuit Judges.

OPINION of the COURT

A so-called "top-hat" plan is "a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees." 29 U.S.C. §§ 1101(a)(1), 1051(2), 1081(a)(3). These plans need not comply...

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