The NYTimes article does a very poor job of explaining what this ruling by the EEOC actually does. So poor in fact, that based on the comments posted here it appears that people are under the impression that the ruling does exactly the opposite of it actually does.
Here is the issue: Let's say that "Bob" retires at age 55. As a part of his early retirement his company agrees to continue his health insurance. At age 55 that insurance costs the company $15,000/year.
On the same day that Bob retires "John" also retires at age 67. His retirement package also includes health insurance.
The company provides insurance that ends up with identical coverage for both Bob and John. But because John is eligible for Medicare his basic services are provided there and the company's cost for his "additional" insurance is less - $7,000/year.
So Bob's "benefit" package costs the company $15,000/year and John's costs the company $7,000/year.
Where is the problem?
The problem comes in the name of a lawsuit (Speciifically
Erie County Retirees Association v. County of Erie). In that lawsuit John sues his former employer for age discrimination because he is being paid less in benefits.
And he wins! And in winning the court rules that paying different amounts for retiree's heatlh insurance violates the Age Discrimination in Employment Act.
So, because of the ruling his former company (and every other company that now fears a lawsuit) would be forced to pay for a more expensive insurance policy for John and all of his fellow Medicare eligible reitirees even though that more expensive policy replicates the benefits they get through Medicare.
What this EEOC ruling does is resets the rules for businesses to what they were prior to the court decision. (The court ruling hasn't really ever been inmplemented pending the final rule making by the EEOC anyway).
Anyone that is retired and has some sort of company provided insurance isn't going to have it stripped away from them on the basis of this rule. This rule prevents the court's decision from going into effect.
http://www.eeoc.gov/press/12-26-07.html