This client advisory explains the background of a dispute that pits against one another a government agency and a private senior advocacy group--both with similar constituencies and goals. Where they differ is on the question of whether the EEOC has the power under the ADEA to exempt certain retiree medical plan designs from the ADEA, or whether only Congress can do so. The EEOC rule in issue would allow employers to suspend or substantially reduce retiree health benefits to Medicare-eligible retirees.
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