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United States First Circuit


COGAN v. PHOENIX LIFE INS. CO., 02-1660

Because a deferred compensation plan was unquestionably a "top hat" employee benefit plan, plans which are expressly exempted from ERISA's anti-cutback provision, 29 U.S.C. section 1054(g)(1), an amendment to that plan did not violate ERISA.

Appellate Information

  • Decided 11/08/2002
  • Published 11/08/2002

Judges

  • STAHL, Senior Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Chad A. Cloutier, with whom Joseph M. Cloutier and Joseph M. Cloutier Associates, P.A., were on brief, for appellants.

  • For Appellees:
  • Seth W. Brewster, with whom Valerie A. Wright and Verrill & Dana, LLP, were on brief, for appellees.
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