Legislation, regulation, and more litigation are
three of the options that plan sponsor advocates are
considering in the wake of the US Supreme Court's recent
decision not to review Erie County Retirees Association v.
County of Erie. The decision lets stand a ruling by the Third
Circuit Court of Appeals last August that Medicare-eligible
retirees are entitled to sue under the Older Workers'
Benefits Protection Act and the Age Discrimination in
Employment Act (ADEA) when they receive less extensive
health-care benefits than the same employer's
non-Medicare-eligible retirees (see "Curtains for retiree
health?" October, 2000).