PlainBillCongress, translated.Legislation. Context. Public interest.

Bankruptcy Fairness and Employee Benefits Protection Act of 2014

Read twice and referred to the Committee on the Judiciary.

Official summary

Version 00 · Introduced in Senate · Jun 3, 2014

Bankruptcy Fairness and Employee Benefits Protection Act of 2014 - Amends federal bankruptcy law to require the debtor in possession, prior to filing an application seeking rejection of a collective bargaining agreement, to propose only those minimum modifications to employee and retiree benefits and protections (including health insurance) that are necessary to prevent liquidation of the debtor.

Requires a proposal which modifies employee or retired employee health insurance benefits to modify also the health insurance benefits of the debtor's officers and directors so that their benefits are not more generous than those of debtor's employees.

Requires a proposal which modifies other employee benefits, including wages and pension benefits, also to modify such benefits of the debtor's officers and directors by an amount that, at a minimum, is equal to the percentage by which the employees' benefits are modified.

Showing the opening paragraphs of the official summary.

Read full official summaryShow less

Conditions court approval of an application for rejection of a collective bargaining agreement upon a finding that the debtor has established by clear and convincing evidence that modification of employee benefits and protections is the minimum modification necessary to prevent the debtor's liquidation.

Declares that rejection of a collective bargaining agreement constitutes a breach of the agreement that entitles debtor's employees to a claim for damages.

Grants any retirees whose benefits are modified by a court according to certain procedures a claim equal to the value of benefits lost as a result of the modification.

Requires a debtor to pay cash to a retired employee making a claim in an amount equal to the two-year cost of premiums for: (1) continuation coverage; or (2) a comparable health insurance plan offered through a health care exchange established under the Patient Protection and Affordable Care Act.

Authorizes the court to require the debtor to pay such retiree claim in an amount equal to the cost of premiums for continuation of coverage, or for such a health insurance plan, for more than two years.

Prohibits allowance or payment of a bonus payment to an insider of the debtor, including an incentive-based bonus payment.

Increases the priority claim amount for employee wages and benefits.

Authorizes the court to prohibit a transfer of compensation made to an insider of the debtor within one year before the petition is filed if it finds that the transfer: (1) was not made in the ordinary course of business, or (2) resulted in unjust enrichment.

Amends the Judicial Code to require that a case under bankruptcy law be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding commencement of the case.

Requires a debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, to make all required pension contributions that fall due after filing the petition in bankruptcy.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals.

Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits.

Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date.

Directs the Comptroller General (GAO) to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits.

Read the summary on Congress.gov
PlainBill analysis is coming later. This page presents official source data. We have not yet published a PlainBill explanation for this bill.

Who introduced it

Sen. Rockefeller, John D., IV [D-WV] · D–WV

Committees

  • Judiciary Committee
1 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Read twice and referred to the Committee on the Judiciary.

  2. Introduced in Senate

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

Explore the bill from different angles

Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.

Neutral evidence review

Objective

Analyze S.2418 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

View full prompt & sources
Fairness and public impact

Progressive lens

Examine S.2418 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

View full prompt & sources
Institutions and government scope

Conservative lens

Examine S.2418 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

View full prompt & sources
Individual rights and government power

Liberty lens

Examine S.2418 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

View full prompt & sources