Employment Law

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Is it legal to offer employee's under 65 better life

Customer Question
Is it legal to...

Is it legal to offer employee's under 65 better life insurance coveragewhile they cut the coverage of employee's over 65.

Lawyer's Assistant: Have you documented this or discussed it with HR?

Not yet, the company was just bought out by another company

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just ask the lawyer if it is alright to treat a long time employee as less than everyone else

Submitted: 8 months ago.Category: Employment Law
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Answered in 10 minutes by:
12/11/2017
Employment Lawyer: DamienJD, Attorney replied 8 months ago
DamienJD
DamienJD, Attorney
Category: Employment Law
Satisfied Customers: 5,395
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Employment Lawyer: DamienJD, Attorney replied 8 months ago

Normally an employer must treat all employees equally, although the law does give employers some flexibility in applying this rule.

The general rule, with some exceptions, requires employers to provide all age groups the same benefit, or alternatively, provide a benefit that costs the same for all age groups.

For example, if a given life insurance benefit actually costs the employer more for older workers, then the employer may provide older workers a smaller insurance benefit, as long as the cost of the benefit to the employer is the same as that offered to younger workers.

Separately, as to health insurance, employers must cover older workers and their spouses under the same conditions as younger workers. Your benefits cannot be lowered just because you become eligible for Medicare. In fact, the employer insurance must remain the primary insurer. Medicare will cover you as a secondary insurer while you continue working.

So, for the life insurance, the employer would have to show it cost the employer more money for 65 years old and older life insurance policies.

We can discuss more if you want to do so. If you have a followup question, just let me know.

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Employment Lawyer: DamienJD, Attorney replied 8 months ago

Hello again:

Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge so I can get paid for the service I provided to you. Best regards.

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Employment Lawyer: DamienJD, Attorney replied 8 months ago

Hello again:

Just checking whether you got all that you needed from Just Answer. If so, let me know. if not, let me know. Thank you.

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