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052211P.pdf 08/14/2006 John D. Craig v. Pillsbury
U.S. Court of Appeals Case No: 05-2211
District of Minnesota
[PUBLISHED] [Bye, Author, with Colloton, Circuit Judge, and Bogue,
District Judge]
Civil case - ERISA. De novo review applies to top hat plans under
ERISA because a top hat administrator has no fiduciary duties under
ERISA; the term "compensation" was defined in the Plan and the Plan
Administrator did not have authority to redefine the term to exclude
two bonuses which were clearly compensation within the meaning of the
Plan; as a result, the Plan was required to include two retention
bonuses in the calculation of plaintiff's pension benefits.