Comrie v. IPSCO, Inc.

Dist. Ct. did not err in granting defendant-plan's motion for summary judgment in ERISA action alleging that defendant improperly calculated amount of plaintiff's compensation used to determine benefit figure under instant Top Hat supplemental pension plan by failing to include stock-linked payments made to plaintiff. Language in plan contained clause excluding bonuses as part of compensation formula used to calculate benefit, and defendant did not act arbitrarily in finding that stock-linked payments were classified as bonuses since said payments were discretionary and were not made pursuant to any contract.