“Top hat plans” have many attractive features, but a new court decision is a reminder that top hat plan participants have limited protections under ERISA – and that assets held in a rabbi trust are not protected from the claims of creditors upon the employer’s bankruptcy or insolvency.
USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Employee Retirement Income Security Act 1974 (USA)
On June 14, 2011, the Pension Benefit Guaranty Corporation (PBGC) issued final regulations that apply to single-employer pension plans maintained by employers in bankruptcy. These regulations implement a change made by the Pension Protection Act of 2006 (PPA). The change affects the amount of benefits payable by the PBGC to participants.
USA, Employee Benefits & Pensions, Insolvency & Restructuring, McDermott Will & Emery, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Retirement, Liability (financial accounting), Subsidy, Disability, Sponsor (commercial), Pension Benefit Guaranty Corporation, Pension Protection Act 2006 (USA)