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This Web site contains a compilation of more than a thousand consumer finance  columns written by Tony Novak from the 1980s through 2006, updated and reformatted for maximum usefulness today.  New material was added after 2010.

Content is the opinion of the author and does not represent the position of any other person or entity. Information is from sources believed to be reliable but cannot be guaranteed.

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Employer-provided insurance at age 65

originally posted: 11/22/2006  reposted: 2/18/2011 This post has not been recently reviewed or revised by the author and may be out of date. If you notice an error or are in doubt, please send a new question by email or ask for an update. Email

Q: Can an employer cut health insurance benefits for employees at age 65 without risking a discrimination problem in the employee benefit plan?

A: Yes, assuming the employees are eligible for Medicare. There are no problems from a tax perspective but the issue is still the subject of some lingering litigation with regard to Equal Employment Opportunity Commission rules about age discrimination. Recently a federal judge in Philadelphia reversed an initial ruling against the practice and this reversal is expected to withstand further challenges. Small business owners can safely design their health benefits to allow Medicare to be the primary provider and employer-provided insurance (if any) can provide supplemental benefits.


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