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Article Index » age discrimination » retirees » Retiree Health Benefits
Report Link EEOC Issues Final Rule Permitting Coordination of Retiree Health Plans with Medicare.
Jackson Lewis LLP - January 02, 2008
In a move welcomed by many employers and labor unions, the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for administering the Age Discrimination in Employment Act ("ADEA"), issued a final rule, effective December 26, 2007, that exempts from ADEA protection the common employer practice of coordinating retiree health benefits with eligibility for Medicare (see 29 CFR § 1625.32). Under the new rule, employers are free to reduce or eliminate retiree health benefits when retirees become eligible for Medicare (or a comparable state-sponsored health benefit), without any ADEA liability.
Report Link Recent District Court Decision May Hamper Employers' Ability to Reduce Retiree Health Care Programs for Medicare-Eligible Retirees.
Littler Mendelson, P.C. - April 25, 2005
In AARP v. Equal Employment Opportunity Commission, the U.S. District Court for the Eastern District of Pennsylvania blocked the EEOC from issuing a final rule that would permit employers to provide lesser retiree health benefits to retirees who are eligible for Medicare than to retirees who are not yet eligible for Medicare.
Report Link District Court Blocks EEOC Rule Allowing Retiree Benefit Reductions At Medicare Facility (pdf).
Vedder Price - April 22, 2005
On March 30, 2005, a federal district court in Pennsylvania enjoined the Equal Employment Opportunity Commission (EEOC) from finalizing a rule allowing employers to reduce or eliminate health care benefits for retirees once they become eligible for Medicare without violating the Age Discrimination in Employment Act (ADEA).
Report Link EEOC Finalizes Rule on Retiree Health and Medicare (pdf).
Vedder Price - May 07, 2004
On April 22, 2004, the Equal Employment Opportunity Commission ("EEOC") finalized its proposed rule to grant an exemption from the Age Discrimination and Employment Act of 1967 ("ADEA") for retiree health plans which are integrated with Medicare or comparable State health benefits programs.

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