ASHINGTON,
March 30 - A federal district judge
on Wednesday blocked a Bush administration rule that would have allowed
employers to reduce or eliminate health benefits for retirees when they
reach age 65 and become eligible for Medicare.
Ten million retirees could have had benefits cut under the rule, which
was adopted last April by the Equal Employment Opportunity Commission.
The judge,
Anita B. Brody of the Federal District Court in Philadelphia, struck down
the rule and issued a permanent injunction that prohibits federal
officials from enforcing it.
The rule "is contrary to Congressional intent and the plain
language of the Age Discrimination in Employment Act," the 1967 law
that bans most forms of age discrimination in the workplace, Judge
Brody wrote.
The erosion of retiree health benefits is an explosive political issue.
Before issuing the rule, the commission was deluged with letters opposing
it.
The rule would have created an explicit exemption to the age
discrimination law, allowing employers to reduce health benefits for
retirees when they became eligible for Medicare. Under the rule, Judge
Brody said, employers could have given older retirees "health
benefits that are inferior" to those given retirees younger than 65.
The commission argued that employers were more likely to continue
providing health benefits to retirees under 65 if they were allowed to
reduce or eliminate benefits for those 65 and older.
AARP, the main plaintiff in the case, rejected that argument. It said
the rule would accelerate the erosion of retiree health benefits, a trend
that has been evident for more than a decade.
Christopher G. Mackaronis, a Washington lawyer for AARP, said
Wednesday: "The rule was an example of executive arrogance. Federal
agencies have no authority to rewrite laws passed by Congress. The rule
was adopted in April 2004, but officials tucked it in their back pocket
while they courted older voters last year. After the election, they moved
forward with the regulation."
The rule, written by the commission, was reviewed and cleared by other
agencies, including the Department of Health and Human Services.
Cari M. Dominguez, the chairwoman of the commission, said her agency
would ask the Justice Department to appeal the ruling
to the United States Court of Appeals for the Third Circuit, in
Philadelphia.
The appeals court ruled on the same legal issue five years ago, in a
case involving retirees who had worked for Erie County, Pa. Judge
Brody closely followed the precedent laid down by the appeals court.
The commission's rule would allow employers to engage in "the
exact same behavior" prohibited in the Erie County case, Judge
Brody said. In that case, the appeals court found that Congress had
intended the age discrimination law to apply "when an employer
reduces health benefits based on Medicare eligibility."
In the district court, the commission argued that it had the power to
exempt certain conduct from the age discrimination law as long as the
exemption was reasonable, "necessary and proper in the public
interest."
Judge
Brody rejected that contention. The commission, she said, was trying to
"issue a blanket exemption for illegal behavior," not confined
to a few individual cases. "An administrative agency, including the
E.E.O.C., may not issue regulations, rules or exemptions that go against
the intent of Congress," she added.
The law clearly forbids employers to discriminate on the basis of age
in setting pay and employee benefits, Judge
Brody said. And the law, as interpreted by the appeals court,
"prohibits the practice of coordinating retiree benefits with
Medicare eligibility," she said.
No law requires employers to provide health benefits to workers or
retirees. Employers can legally provide benefits to active workers and not
to retirees. Many employers have eliminated retiree health benefits. But, Judge
Brody said, if an employer provides benefits to retirees, it cannot
discriminate among them on the basis of age.
Lawyers said the ruling
would apply to companies that give health benefits to early retirees and
want to reduce coverage when the retirees reach 65 and become eligible for
Medicare. Employer-provided health benefits do not duplicate Medicare.
Rather, they help retirees pay medical expenses not covered by Medicare.
Those expenses could include co-payments and deductibles and prescription
drug costs, beyond what Medicare might pay.
Michele Pollak, a lawyer at AARP, said, "It is less expensive for
employers to purchase a health plan that supplements Medicare than it is
to purchase health benefits for younger retirees not eligible for
Medicare."
The American Benefits Council, a trade group for large employers, and
the HR Policy Association, which represents human resource executives at
250 large companies, said they were disappointed with Judge
Brody's decision.
Daniel V. Yager, senior vice president of the association, said the ruling
was "a major setback for many employers that are trying to maintain
employer-provided benefits for pre-65 retirees."