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Gilliam v. Nevada Power Company

9th CircuitMay 30, 2007No. 04-17201Cited 1 time
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Case Details

Judge(s)
Brunetti, O'Scannlain, Trott
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The court affirmed summary judgment for Nevada Power Company, holding that severance pay should be excluded from earnings calculations for determining retirement benefits under the ERISA top-hat plan.

What This Ruling Means

# Gilliam v. Nevada Power Company ## What Happened An employee at Nevada Power Company disputed how the company calculated retirement benefits. The disagreement centered on whether severance pay—money given to workers when they're laid off—should count toward figuring out the employee's final retirement payments under the company's special retirement plan. ## Court's Decision The court ruled in favor of Nevada Power Company. The judge decided that severance pay should not be included when calculating how much retirement money an employee receives. The company's retirement plan rules didn't require severance to count as earnings for this purpose. ## Why This Matters This ruling clarified how companies can structure retirement benefits under special executive plans. It means workers cannot automatically assume their severance packages will boost their retirement payouts. If you receive severance and have a company retirement plan, reviewing your plan documents carefully—or asking your employer directly—is important to understand which payments count toward your benefits. The terms of your specific retirement plan govern what gets included.

This summary was generated to explain the ruling in plain English and is not legal advice.

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