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Termination of retiree medical benefits

Guest Ari Epstein

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Guest Ari Epstein

Facts: an employer terminated retiree medical benefits, while at the same time giving the retirees a fixed monthly pension increase pursuant to a new CBA. Retirees sued for benefits. If the employer loses, can the employer offset costs/damages by amount of pension increase (or can employer charge the retirees the amount of the pension increase for the medical coverage)? Are there any cases that may provide an argument that this can be done?

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