United States Eighth Circuit

De novo review applies to top hat plans under ERISA because a top hat administrator has no fiduciary duties under ERISA. A district court's determination that a plan abused its discretion when it calculated plaintiff's pension benefits without including certain bonuses he received in 2001 is affirmed.

Appellate Information

• Decided 08/14/2006
• Published 08/14/2006

Judges

• BYE, Circuit Judge., Before BYE and COLLOTON, Circuit Judges, and BOGUE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Steven L. Severson, argued, Minneapolis, MN (Paul W. Heiring and Aaron D. Van Oort of Minneapolis, on the brief), for appellant.


• For Appellees:
  
• Craig A. Brandt, argued, Minneapolis, MN (John M. Nichols of Minneapolis, MN, on the brief) for appellee.