Excerpt: As discussed in an earlier post, a federal judge was taking a second look at her decision barring the EEOC from publishing regulations that would permit employers to coordinate retiree health care benefits with Medicare eligibility. The EEOC contended that the Supreme Court's decision in Brand X confirmed [that] EEOC's the authority to issue the challenged regulations, despite the Third Circuit's Erie County decision that the ADEA prohibited benefit plans from reducing medical[.]

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