,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #eebc  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ag1 #bjad
 ,ms4 ,slaughter 7for herself and ,mr4  
,jones7 introduced the following bill2  
which was referred to the ,committee on 
,education and the ,workforce  ,a ,,bill
  ,to amend the ,employee ,retirement   
,income ,security ,act of #aigd and the 
,national ,labor ,relations ,act to     
protect the health benefits of retirees1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,employee ,benefits ,protection ,act of 
#bjad4  #b4 ,notification of extent to  
which health benefits can be modified or
 terminated  7a7 ,inclusion in summary  
plan description ,section #ajb7;b7 of   
the ,employee ,retirement ,income       
,security ,act of #aigd 7#bi ,u4,s4,c4  
#ajbb7 is amended by inserting 2 in the 
case of a group health plan 7as so      
defined71 whether the provisions of the 
plan permit the plan sponsor or any     
employer participating in the plan to   

unilaterally modify or terminate the    
benefits under the plan with respect to 
employees1 retired employees1 and       
beneficiaries1 and when and to what     
extent benefits under the plan are fully
 vested with respect to employees1      
retired employees1 and beneficiaries    
after the name and address of such      
issuer4  7b7 ,presumption that retired  
employee health benefits cannot be      
modified or terminated ,section #ejb of 
the ,employee ,retirement ,income       
,security ,act of #aigd 7#bi ,u4,s4,c4  
#aacb7 is amended by adding at the end  
the following new subsection3  7n7 ,in  
the case of a suit brought under this   
title by a participant or beneficiary   
relating to benefits of a retired       
employee or the dependents of a retired 
employee under a group health plan 7as  
defined in section #gcc7;a77#a771 the   
presumption for purposes of such suit   
shall be that as of the date an employee
 retires or completes #bj years of      
service with the employer1 benefits     

available under the plan during         
retirement of the employee are fully    
vested and cannot be modified or        
terminated for the life of the employee 
or1 if longer1 the life of the          
employee's spouse4 ,this presumption can
 be overcome only upon a showing1 by    
clear and convincing evidence1 that the 
terms of the group health plan allow for
 a modification or termination of       
benefits available under the plan and   
that the employee1 prior to becoming a  
participant in the plan1 was made aware1
 in clear and unambiguous terms1 that   
the plan allowed for such modification  
or termination of benefits4  4  #c4     
,protection of retirees under certain   
collectively bargained agreements       
,section #h of the ,national ,labor     
,relations ,act 7#bi ,u4,s4,c4 #aeh7 is 
amended by adding at the end the        
following3  7h7 ,it shall be an unfair  
labor practice for any labor            
organization and any employer to enter  
into any contract or agreement1 express 

or implied1 whereby the organization and
 employer agree to modify the terms of  
any previous agreement in a manner that 
would result in a reduction or          
termination of retiree health insurance 
benefits provided to an employee or a   
dependent of an employee under the      
previous agreement1 if such modification
 of the terms of the previous agreement 
occurs after the date on which the      
employee retires4  4  #d4 ,comptroller  
,general report  7a7 ,in general ,not   
later than #ahj days after the date of  
enactment of this ,act1 the ,comptroller
 ,general of the ,united ,states shall  
submit to ,congress a report on the     
strategies that corporations use to     
avoid obligations to pay promised       
employee and retiree benefits4  7b7     
,contents ,the report under subsection  
7a7 shall include a discussion of--     
7#a7 the use of spin-offs1 mergers1     
subsidiaries1 bankruptcies1 asset sales1
 and other strategies to avoid          
obligations to pay promised employee and

 retiree benefits2  7#b7 the impact of  
such avoidance on the financial1        
physical1 and mental well-being of      
employees and retirees2  7#c7 the impact
 on ,federal and ,state budgets when    
employers terminate or reduce the       
benefits of employees and retirees1     
including the costs that are incurred   
when employees and retirees seek        
assistance from ,federal and ,state     
government programs and services as a   
result of the termination or reduction  
of their employment-related benefits2   
and  7#d7 recommendations to prevent    
corporations from evading contractual   
obligations to pay employee and retiree 
benefits4