This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Class Action Settlement.
The lawsuit alleges that Defendants violated the Employee Retirement Income Security Act of 1974 (“ERISA”) in the administration of the NorthShore University HealthSystem Tax Deferred Annuity Plan (n/k/a the Endeavor Health Legacy 403(b) Tax Deferred Annuity Plan for NorthShore University HealthSystem Employees) (collectively, the “Plan” or “NorthShore Plan”). Specifically, Plaintiff claims defendants violated ERISA by causing the Plan to incur excessive fees for certain investment options and the Plan’s recordkeeping services.
Defendants have denied and continue to deny any wrongdoing or liability and will continue to vigorously defend the lawsuit if the proposed Settlement is not approved. Defendants are settling this case solely to avoid the expense, inconvenience, and inherent risk and disruption of litigation.
The Parties agreed to the Settlement after extensive negotiations and a mediation before an respected and experienced mediator. By agreeing to a settlement, the Parties avoid the costs and risks of further litigation, and Plaintiff and the other Class Members will receive compensation. Class Counsel have conducted an extensive review of the evidence in the case and the potential risks and benefits of continued litigation. Plaintiff and Class Counsel agree that the Settlement is in the best interest of the Settlement Class. The Court has not made any finding that Defendants have done anything wrong or violated any law or regulation.
Defendants have agreed to pay a total of $850,000 into a Qualified Settlement Fund, which includes amounts for expenses associated with administering the Settlement and other related costs (“Gross Settlement Amount”). Class Counsel also intends to ask the Court to approve up to 33 1/3% of that amount for attorneys’ fees, inclusive of litigation expenses incurred by Class Counsel, as well as Class Representative’s Case Contribution Award not to exceed $8,000 for the Class Representative. The amount that will be available for distribution to Class Members (“Net Settlement Amount”) will be the Gross Settlement Amount minus the amounts used for other approved settlement purposes (Case Contribution Award, Court-approved Attorneys’ Fees and Expenses to Class Counsel, Administrative Expenses, and certain taxes and tax-related costs).
You may be entitled to payment of a portion of the Net Settlement Amount. The amount paid to each Current Participant, Former Participant, Beneficiary or Alternate Payee will be determined by a Plan of Allocation subject to Court approval.
As explained below, if you are a Current Participant, or a Beneficiary or Alternate Payee of a Participant and you have an Active Account in the Plan, you do not need to take any action in order to receive payment under the Settlement. Payments made to Current Participants, or to Beneficiaries or Alternate Payees of a Participant who have Active Accounts in the Plan, shall be made into these persons’ individual accounts in the Plan.
If you are a Former Participant, or a Beneficiary or Alternate Payee of a Former Participant, and you no longer have an Active Account in the Plan, you will need to submit a Former Participant Claim Form by the submission deadline in order to receive payment under the Settlement. Payments made to Former Participants, or to Beneficiaries or Alternate Payees of Former Participants who do not have Active Accounts in the Plan, may be made either by check or a tax-qualified rollover to an individual retirement account or other eligible employer plan.
No. The Settlement Class has been certified under Federal Rule of Civil Procedure 23(b)(1), which does not permit class members to opt out of the Settlement Class. Therefore, as a Class Member, you are bound by any judgments or orders that are entered in the lawsuit for all claims that were asserted in the lawsuit or are otherwise included as Released Claims as defined in the Settlement Agreement. However, if you wish to object to any part of the Settlement, you may (as discussed below) write to the Court and counsel about why you object to the Settlement.