{ "id": "RL33138", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33138", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 309627, "date": "2005-11-01", "retrieved": "2016-04-07T19:28:44.740029", "title": "Employment-Related Issues in Bankruptcy", "summary": "This report provides an overview of the status of employee wages and benefits, including retiree\nbenefits, when an employer files in bankruptcy, and the amendments made to the U.S. Bankruptcy\nCode by the Bankruptcy Abuse Prevention and Consumer Protection Act. Private pensions,\nregulated by the Employee Retirement Income Security Act, are generally protected, although\ndefined benefit pension plan payments may be substantially reduced. Health and life insurance\nbenefits, which are not required by federal law, are vulnerable to an employer\u2019s\nbankruptcy-driven\nmodification or termination. This report examines those provisions in the U.S. Bankruptcy Code\nwhich govern the priority of employee wage and benefit claims, including severance payments;\nprocedures for a chapter 11 debtor to modify benefits under a collective bargaining agreement; and\nprocedures for a chapter 11 debtor to modify retiree life and health insurance benefits. It examines\nthe role of employees on creditor committees and procedures in bankruptcy that facilitate lawsuits\nthat may be directed at an employer/debtor. Finally, it considers the treatment accorded some aspects\nof managerial compensation, such as retention bonuses.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33138", "sha1": "4a9ea39c360bb58d5e7090acb4789582f6340c13", "filename": "files/20051101_RL33138_4a9ea39c360bb58d5e7090acb4789582f6340c13.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33138", "sha1": "09a66b8dd96c0e2f096a2b9c4972baade0785d93", "filename": "files/20051101_RL33138_09a66b8dd96c0e2f096a2b9c4972baade0785d93.pdf", "images": null } ], "topics": [] } ], "topics": [ "Domestic Social Policy" ] }