Clarissa A. Kang, an associate attorney at Trucker Huss, an employee benefits specialty law firm in San Francisco, practices in the area of employee benefits and ERISA litigation. She has represented clients in federal and state courts at trial and appeals levels. She has experience in handling a wide spectrum of employee benefits litigation, including cases involving benefit claims, fiduciary issues, plan administration, multiemployer plans, and stock option grants.As if companies weren't already under enough financial pressure on the health care front, a federal appeals court ruling seven years ago effectively increased the cost of providing health care to retirees. The effect was predictable: Many companies stopped providing the popular -- and often essential -- benefit.
But cutting benefits in an increasingly competitive labor market is not a particularly winning strategy for attracting and keeping the sharpest talent. With aging workers increasingly worried about economic and health security in retirement, many companies are making themselves more attractive by offering retiree health benefits.
Now such benefits may soon be more affordable because employers may be allowed to coordinate health insurance for retirees with Medicare. Clarissa Kang, of the law firm Trucker Huss, explains how the federal courts are changing course and why a federal appeals court no longer regards such coordination of benefits to be age discrimination -- and she explains why the courts took such a view in the first place. The appeals court ruling will likely be taken to the Supreme Court, but it appears unlikely the justices will intervene.