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· 6/15/2000

Patrick Demery v. Extebank Deferred Compensation Plan (B)

Citations

  • 216 F.3d 283

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a plan offered to 15.34% of employees qualified as a top hat plan but stating that “this number [was] probably at or near the upper limit of the acceptable size for a ‘select group’”
  • emphasizing that a plan will not lose its top hat status merely because a small number of participants fail to meet one of the criteria
  • stating that a “plan’s participants comprising 15.34% of the relevant workforce was sufficiently select
  • describing 15.34% of the workforce as within “the acceptable size for a ‘select group’ ”
  • comparing the number of employees offered participation in the plan to the size \of an employer's workforce\
  • affirming the grant of summary judgment finding a top hat plan when the challengers presented no evidence about the absence of bargaining power

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.