· 1/23/2008
Alexander v. Brigham & Women's Physicians Organization, Inc.
Citations
- 513 F.3d 37
- 42 Employee Benefits Cas. (BNA) 2554
- 2008 U.S. App. LEXIS 1251
- 2008 WL 186385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a plan’s participants comprising only 8.7% of entire workforce was select
- noting that defendant \has the burden of proving that [deferred compensation plans] were each top hat plans.\
- recognizing the DOL Opinion Letter as the source of the non-statutory factor
- rejecting argument that every plan beneficiary must possess bargaining power sufficient to influence terms of plan
- finding plans maintained for 8.7% and 5.8% of employees to be “select.”
- “We have no quarrel with the letter’s persuasiveness as a gloss on Congress’s intentions in enacting the top-hat provision.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Selya, Gelpi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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