COBRA: Congress Provides Partial Protection against Employer Termination of Retiree Health Insurance

This Article examines the Consolidated Omnibus Budget Reconciliation Act (COBRA), which provides protection for employees against the unilateral abrogation of retiree participation in an employer's group health insurance plan. The author argues that, while COBRA provides significant benefits for employees, it is not entirely sufficient. The author examines COBRA, its mechanics, and its shortcomings. The author also analyzes pre-COBRA judicial decisions relating to retiree health benefits in both the unionized and non unionized settings and addresses the public policy considerations that support the need to further strengthen legal protections for America's aging workforce.