Legal Question in Employment Law in New Jersey

Health Insurance for retirees

I was given health insurance by my company upon retirement as an active employee. A year later I received notice that my insurance premiums were increasing by over 300%. This was not the active employee rate. Upon reviewing my paperwork I came upon a letter from the company stating that upon my retirement I would have heath insurance as an active employee, and that I would be eligable for supplemental Medicare at 65. Can I use this letter as leverage to have them provide me health insurance at the active employee rates which are much lower than the 300% increase


Asked on 3/06/08, 6:28 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Health Insurance for retirees

The letter is more than leverage. It is arguably a contract. In recent years there have been a number of decisions on the effect of ERISA on retiree benefits. Generally, the retirees have not made out well, so don't get your hopes up. However, you have a written promise of future performance and that may make your case winnable. Contact a lawyer who handles employment issues and get an opinion based on your exact circumstances.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/07/08, 8:51 am


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