Article Abstract:
Older Workers Benefit Protection Act (OWBPA) and the Age Discrimination in Employment Act have changed the way corporate America is dealing with its older workers. OWBPA was written to protect workers against age discrimination in regard to company benefit programs. OWBPA legislated 'equal cost or equal benefits,' which means companies must provide equal benefits to young or old or prove why costs would be higher for the same benefits for older workers. To prove that benefit expenses are higher for older employees, firms can use a benefit-by-benefit cost comparison or a benefits package cost review.
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Article Abstract:
The Internal Revenue Service and the US Labor Dept maintain stringent regulations that govern employee benefits. Employers should not discriminate in favor of highly-paid workers in terms of benefits, eligibility, employee participation or employee and employer contributions. Rules that govern non-discrimination requirements for employer-provided group benefits are presented. Regulations that affect cafeteria plans, self-insured medical insurance plans, life insurance plans and dependent care plans are also discussed.
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Article Abstract:
Decisions by the US Supreme Court have indicated that the Employee Retirement Income Security Act of 1974 (ERISA) affords employers the flexibility to change or abolish welfare benefit plans. This flexibility is given to motivate companies to provide generous plans because they have the option to remove them when the company's financial condition declines. Section 510 provides a countercheck for this flexibility by mandating a formal change process of the plan.
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