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Age Discrimination in Employment Act; Retiree Health Benefits

Federal Register, December 26, 2007, Page 72938-72945

Agency

U.S. Equal Employment Opportunity Commission

Action

Final Rule

Summary

The Equal Employment Opportunity Commission is publishing this final rule so that employers may create, adopt, and maintain a wide range of retiree health plan designs, such as Medicare bridge plans and Medicare wrap-around plans, without violating the Age Discrimination in Employment Act of 1967 (ADEA). To address concerns that the ADEA may be construed to create an incentive for employers to eliminate or reduce retiree health benefits, EEOC is creating a narrow exemption from the prohibitions of the ADEA for the practice of coordinating employer-sponsored retiree health benefits with eligibility for Medicare or a comparable State health benefits program. The rule does not otherwise affect an employer's ability to offer health or other employment benefits to retirees, consistent with the law.

Dates

Effective December 26, 2007.

Further Information

Raymond Peeler, Senior Attorney Advisor, at (202) 663-4537 (voice) or Dianna B. Johnston, Assistant Legal Counsel, at (202) 663-4637 (voice) or (202) 663-7026 (TTY) (These are not toll free numbers). This final rule is also available in the following formats: large print, braille, audio tape, and electronic file on computer disk. Requests for this document in an alternative format should be made to the Publications Information Center at 1-800-669-3362.

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