U.S. Court of Appeals for the Third Circuit

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Third Circuit addresses impact of the ADEA on retiree health care benefits

June 04, 2007

The Third Circuit agreed with NCLC, ruling that the Equal Employment Opportunity Commission (EEOC) regulation allowing companies to provide different health care benefits to employees who are eligible for Medicare is exempt from the Age Discrimination in Employment Act (ADEA). The court held that the regulation proposed by the EEOC was “reasonable” and “necessary and proper in the public interest.”

Amicus brief filed with U.S. District Court for the Eastern District of Pennsylvania 2/21/05. Motion for leave to file granted 3/2/05. Decided by district court 3/30/05. Decision appealed 5/31/05. Appeal stayed by the Third Circuit 7/13/05. Briefs simultaneously filed by the parties with the district court 7/14/05. Decided by the district court 9/27/05. Amicus brief filed with Third Circuit 3/3/06. Decided 6/4/07.

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