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Employment Benefits in Bankruptcy (CRS Report for Congress)

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Release Date June 19, 2003
Report Number RL30641
Report Type Report
Authors Robin Jeweler, American Law Division
Source Agency Congressional Research Service
Summary:

This report provides an overview of the status of employee wages and benefits, including retiree benefits, when an employer files in bankruptcy. Private pensions, regulated by the Employee Retirement Income Security Act, are generally protected. Health and life insurance benefits, which are not required by federal law, are more vulnerable to an employer's bankruptcy-driven modification or termination. This report examines special provisions in the U.S. Bankruptcy Code which govern the priority of employee wage and benefit claims; procedures for a chapter 11 debtor to modify benefits under a collective bargaining agreement; and, procedures for a chapter 11 debtor to modify retiree life and health insurance benefits.