Excerpt: The EEOC's final rule does not yet provide complete assurance to employers, because AARP sought review of the EEOC's action by the Supreme Court in a certiorari petition filed on November 19, 2007. Until the Supreme Court denies certiorari or affirms the appellate court's decision approving the final rule, there remains a potential (albeit minimal) litigation risk to employers that provide pre-65 retirees with health benefits different than those provided to post-65 retirees.  MORE >>