I have an appeal pending at the First Circuit right now concerning the interpretation of top hat plans and, thus, with discretion being the better part of valor and all that, I am not going to write too much about this new top hat decision out of the Eighth Circuit. However, for anyone out there studying the subject or litigating a top hat case, I did want to bring it to your attention. It reinforces the extent to which top hat plans are a unique combination of contract law and ERISA, and illustrates the extent to which doctrines of contractual interpretation control the application of top hat plans, to a more significant extent than is typically the case with ERISA plans.
The decision is Hankins v. Crane Auto Holdings, and you can find it here.