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EEOC's retiree health care regulation upheld
September 29, 2005 by Ross Runkel at LawMemo
In a dramatic reversal, a federal judge now upholds the EEOC's regulation that allows employers to reduce the level of benefits for retirees as soon as they become eligible for Medicare.
In March a judge in the Eastern District of Pennsylvania held that the EEOC's regulation could not be enforced because it conflicted with a decision from the 3rd Circuit. Then the US Supreme Court decided National Cable and Telecommunications Association v. Brand X Internet Services (06/27/2005) which re-explained [that's my word] the level of deference a court must give to an administrative agency's regulations.
So the judge reconsidered her previous decision in light of Brand X, and came out in favor of the EEOC.
The case: AARP v. EEOC (E.D. Pa. 09/27/2005).
My view: Nice going judge.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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