The district court held the appellants' deferred compensation arrangements in their Employment Agreement contracts with the appellee constitute a plan under the Employment Retirement Income Security Act. Because the appellants' deferred compensation arrangements do not necessitate an ongoing administrative scheme, there is no ERISA plan. The appellants' state law claims are not preempted by ERISA. The district court's judgment is reversed and remanded with instructions to remand to the state court. 5th U.S. Circuit Court of Appeals, No. 12-20294, 08-27-2013.
Cantrell v. Briggs & Veselka Co.
August 27, 2013