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Retirement News

Government Wants to Allow Companies to End Health Insurance for Retirees at 65

AARP asks - will they next reinstate mandatory retirement

Feb. 28, 2007 - If the government gets its way, companies will be allowed to terminate health care benefits for retirees that have reached age 65, because they qualify for Medicare. The AARP is challenging this proposed rule by the Equal Employment Opportunity Commission in a court of appeals, saying this is age discrimination.

 

Daily Reports

KaiserNetwork.org

 

EEOC Defends Rule To Limit, Eliminate Some Retirement Benefits

The Equal Employment Opportunity Commission before the 3rd U.S. Circuit Court of Appeals on Tuesday argued that businesses should be allowed to limit or terminate health care benefits for retirees ages 65 and older because they qualify for Medicare, Dow Jones reports (Brickley, Dow Jones, 2/27).

 

Related Stories

 
 

Airline Pilots Will Be Allowed to Fly Until 65 if FAA Retirement Rule is Approved

Airline Pilots Against Age Discrimination winning fight to raise retirement from 60

January 30, 2007 - Those who think there is no age discrimination in America might take a look at the battle that has been raging over the possibility of allowing airline pilots to fly after they reach age 60. Today, after a fight that has lasted over 40 years, the Federal Aviation Administration said it will propose to raise the mandatory retirement age for U.S. commercial pilots from 60 to 65. It was a giant victory for a small group of pilots that have been opposed even by their own union. Read more...


Read more on Retirement

 

U.S. District Judge Anita Brody in September 2005 reversed her previous ruling and said EEOC has the right to enact a rule allowing employers to reduce or eliminate health benefits for retirees once they become eligible for Medicare, while retaining health benefits for younger retirees.

The EEOC rule was scheduled to take effect in April 2005, but it was blocked by Brody's original decision.

AARP in February 2005 filed a lawsuit to block the rule, saying EEOC had exceeded its authority. AARP cited a 2000 decision by the 3rd U.S. Circuit Court of Appeals that different benefits packages for younger and older retirees would violate U.S. antidiscrimination laws. Brody in March 2005 blocked the rule, and EEOC asked the Department of Justice to appeal the decision (Kaiser Daily Health Policy Report, 9/29/05).

AARP said current law allows employers to offer less costly Medicare benefits rather than full coverage to their retirees.

AARP attorney Christopher Mackaronis said, "Employers get a free pass on Medicare."

Laurie McCann of the AARP Foundation said, "Employers are not being asked to provide benefits that Medicare already provides," adding, "What's next? Will they reinstate mandatory retirement? If they win this, they essentially get carte blanche." DOJ attorney Anthony Yang, who argued for EEOC, said that the retirement benefit age cutoff does not contradict antidiscrimination law.

The court will issue a written decision on the case (Dow Jones, 2/27).

 

"Reprinted with permission from kaisernetwork.org You can view the entire Kaiser Daily Health Policy Report, search the archives, and sign up for email delivery at www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation. © 2006 Advisory Board Company and Kaiser Family Foundation. All rights reserved.”

 

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