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A bill to amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies.

USA115th CongressS-2518| Senate 
| Updated: 3/7/2018
Richard J. Durbin

Richard J. Durbin

Democratic Senator

Illinois

Cosponsors (2)
Sheldon Whitehouse (Democratic)Sherrod Brown (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Protecting Employees and Retirees in Business Bankruptcies Act of 2018 This bill amends federal bankruptcy law to modify provisions related to Chapter 11 bankruptcy, which typically involves the reorganization of a debtor company's assets and debts. Specifically, the bill modifies provisions governing: (1) employee and retiree recoveries and losses, and (2) executive compensation programs. With respect to employee and retiree recoveries and losses, the bill does the following: increases the maximum value and age of specified wage and benefit claims entitled to priority payment; allows certain claims for losses related to defined contribution plans, if the employer or plan sponsor has committed fraud or otherwise breached its fiduciary duty; allows, as an administrative expense of the estate, severance pay owed to employees; establishes certain restrictions regarding the rejection or amendment of a collective bargaining agreement; revises specified procedures related to the reduction or denial of retiree benefits; requires a court, in approving a sale of business assets, to consider the extent to which a bidder has offered to maintain existing jobs and assume benefit obligations; and modifies other provisions. With respect to executive compensation, the bill does the following: establishes specified limitations related to executive compensation enhancements, prohibits executives from receiving certain retiree benefits if such benefits were reduced or eliminated for other employees or retirees, and revises other requirements related to court approval of such compensation. In addition, the bill grants creditor status to labor organizations for purposes of filing a proof of claim.
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Timeline
Mar 7, 2018
Introduced in Senate
Mar 7, 2018
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1456-1460)
Mar 15, 2018

Latest Companion Bill Action

HR 115-138
ASSUMING FIRST SPONSORSHIP - Mr. Norcross asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 138, a bill originally introduced by former Representative Conyers, for purposes of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
  • March 7, 2018
    Introduced in Senate


  • March 7, 2018
    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1456-1460)


  • March 15, 2018

    Latest Companion Bill Action

    HR 115-138
    ASSUMING FIRST SPONSORSHIP - Mr. Norcross asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 138, a bill originally introduced by former Representative Conyers, for purposes of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.

Finance and Financial Sector

Related Bills

  • HR 115-138: To amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies.
BankruptcyCorporate finance and managementEmployee benefits and pensionsHealth care costs and insuranceLabor-management relationsSecuritiesUnemploymentWages and earnings

A bill to amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies.

USA115th CongressS-2518| Senate 
| Updated: 3/7/2018
Protecting Employees and Retirees in Business Bankruptcies Act of 2018 This bill amends federal bankruptcy law to modify provisions related to Chapter 11 bankruptcy, which typically involves the reorganization of a debtor company's assets and debts. Specifically, the bill modifies provisions governing: (1) employee and retiree recoveries and losses, and (2) executive compensation programs. With respect to employee and retiree recoveries and losses, the bill does the following: increases the maximum value and age of specified wage and benefit claims entitled to priority payment; allows certain claims for losses related to defined contribution plans, if the employer or plan sponsor has committed fraud or otherwise breached its fiduciary duty; allows, as an administrative expense of the estate, severance pay owed to employees; establishes certain restrictions regarding the rejection or amendment of a collective bargaining agreement; revises specified procedures related to the reduction or denial of retiree benefits; requires a court, in approving a sale of business assets, to consider the extent to which a bidder has offered to maintain existing jobs and assume benefit obligations; and modifies other provisions. With respect to executive compensation, the bill does the following: establishes specified limitations related to executive compensation enhancements, prohibits executives from receiving certain retiree benefits if such benefits were reduced or eliminated for other employees or retirees, and revises other requirements related to court approval of such compensation. In addition, the bill grants creditor status to labor organizations for purposes of filing a proof of claim.
View Full Text

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Timeline
Mar 7, 2018
Introduced in Senate
Mar 7, 2018
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1456-1460)
Mar 15, 2018

Latest Companion Bill Action

HR 115-138
ASSUMING FIRST SPONSORSHIP - Mr. Norcross asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 138, a bill originally introduced by former Representative Conyers, for purposes of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
  • March 7, 2018
    Introduced in Senate


  • March 7, 2018
    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1456-1460)


  • March 15, 2018

    Latest Companion Bill Action

    HR 115-138
    ASSUMING FIRST SPONSORSHIP - Mr. Norcross asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 138, a bill originally introduced by former Representative Conyers, for purposes of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.
Richard J. Durbin

Richard J. Durbin

Democratic Senator

Illinois

Cosponsors (2)
Sheldon Whitehouse (Democratic)Sherrod Brown (Democratic)

Judiciary Committee

Finance and Financial Sector

Related Bills

  • HR 115-138: To amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
BankruptcyCorporate finance and managementEmployee benefits and pensionsHealth care costs and insuranceLabor-management relationsSecuritiesUnemploymentWages and earnings