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SIKORA v. UPMC

Civil Action No. 2:12-cv-01860.

153 F.Supp.3d 820 (2015)

Paul F. SIKORA, Plaintiff, v. UPMC, a Pennsylvania non-stock non-profit corporation, a/k/a UPMC Health System, and The Upmc Health System and Affiliates Non-Qualified Supplemental Benefit Plan, Defendants.

United States District Court, W.D. Pennsylvania.

Signed December 22, 2015.

Attorney(s) appearing for the Case

Michael E. Hoover, Diefenderfer Hoover McKenna & Wood, LLP, Pittsburgh, PA, for Plaintiff.

John J. Myers, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, for Defendants.

OPINION

The question presented in dueling motions for partial summary judgment is whether Defendant UPMC's Non-Qualified Supplemental Benefit Plan (the "Plan") is a "top hat" plan under 29 U.S.C. § 1101(a)(1), and thus exempt from the substantive provisions of the...

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