( October 13, 2026, 12:11 PM EDT) -- WASHINGTON, D.C. — Declining to review a ruling concerning surcharge under the Employee Retirement Income Security Act, the U.S. Supreme Court on Oct. 13 denied a certiorari petition filed by participants in “top-hat” deferred compensation and retirement plans; in an amicus curiae brief filed at the high court’s request, the U.S. government opined that the surcharge issue was wrongly decided but that “this case’s idiosyncratic factual context makes it an unsuitable vehicle for clarifying the propriety of surcharge relief.”...