To amend the Employee Retirement Income Security Act of 1974 and the National Labor Relations Act to protect the health benefits of retirees, and for other purposes.
Employee Benefits Protection Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to specify: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals. In law suits involving group health plan benefits, a presumption is established that as of the date an employee retires or completes 20 years of service with the employer, retiree health benefits are fully vested and cannot be modified or terminated. This presumption may be overcome only upon a showing that the employee, before becoming a plan participant, was made aware that the plan allowed for a modification or termination of benefits. The bill amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and any employer to enter into an agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date.
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Timeline
Introduced in House
Referred to the House Committee on Education and the Workforce.
Introduced in House
Referred to the House Committee on Education and the Workforce.
Labor and Employment
Civil actions and liabilityEmployee benefits and pensionsEvidence and witnessesHealth care costs and insuranceHealth care coverage and accessJudicial procedure and administrationLabor-management relations
To amend the Employee Retirement Income Security Act of 1974 and the National Labor Relations Act to protect the health benefits of retirees, and for other purposes.
USA115th CongressHR-2578| House
| Updated: 5/19/2017
Employee Benefits Protection Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to specify: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals. In law suits involving group health plan benefits, a presumption is established that as of the date an employee retires or completes 20 years of service with the employer, retiree health benefits are fully vested and cannot be modified or terminated. This presumption may be overcome only upon a showing that the employee, before becoming a plan participant, was made aware that the plan allowed for a modification or termination of benefits. The bill amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and any employer to enter into an agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date.
Civil actions and liabilityEmployee benefits and pensionsEvidence and witnessesHealth care costs and insuranceHealth care coverage and accessJudicial procedure and administrationLabor-management relations