Common use of PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY Clause in Contracts

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds. The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx., Xxx Xxxx, XX, 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are A Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), Plans alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1January 14, 2020 2021 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1January 14, 2020 2021 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18January 13, 20202021. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXXxxx000XXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXX XX, 202 2021 at a.m./p.m.xx:xx a.m., before United States District Court Judge P. Xxxxx Xxxxxx Gene X.X. Xxxxxxx in Courtroom 11D10B, United States Courthouse00000 X.X. Xxxxxxxxxx, 000 Xxxxx Xx.Xxxxxxxxxxxx, Xxx Xxxx, XX, XX 00000-0000. Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs Costs, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXXxxx000XXxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in one or more of the Plan Plans greater than $0 as of September 1January 14, 20202021. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY XXXXX XX, 2021 TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT Our records indicate that you are a Former Participant. You , you must return a Former Participant Claim Form that is postmarked or electronically filed by XXXX XX, 2021 to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked or electronically filed by XXXX XX, 0000, you will forfeit your share of the Net Settlement Amount Amount, even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXXxxx000xXxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXX XX, 20 2021) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXX XX, 2021 If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by XXXXX XX, 202_0000, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees Massachusetts Institute of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Technology Supplemental 401(k) (the PlansPlan”) against Cornell University, the Retirement Plan Oversight Committee, Massachusetts Institute of Technology and Xxxx X. Xxxxxxxx certain individuals (collectively “CornellMIT” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested Current Participants in the TIAA-CREF Lifecycle funds between August 17Plan, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1, 2020 (“will provide Former Participants”) will receive their allocation Participants in the form of Plan with either a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. Class Members’ status as either Current Participants or Former Participants was established as of , 2019. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 28, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 20 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxxxxx X. Xxxxxx in Courtroom 11DXxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx Xx.0 Xxxxxxxxxx Xxx, Xxx XxxxXxxxxx, XXXxxxxxxxxxxxx, 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at the Massachusetts Institute of Technology and participants who are individuals who no longer had employed by the Massachusetts Institute of Technology but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant because you had an account balance in the Plan as of August 31, 2019. If You Are A If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of August 31, 2019 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant. You , you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. ANY CLASS MEMBER Even if you intend to object to any part of the Settlement, you should complete and return the Former Participant Claim form to preserve your right to obtain your share of the Net Settlement Amount. YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_20 , of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Insperity 401(k) Plan (the PlansPlan”) against Cornell UniversityReliance Trust Company, the Retirement Plan Oversight CommitteeInsperity, Inc., Insperity Holdings, Inc., and Xxxx X. Xxxxxxxx Insperity Retirement Services, L.P. (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 130, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 130, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 12, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxxxxx000xxxxxxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2021 at a.m./p.m., before United States District Court Judge P. Xxxx X. Xxxxx in Xxxxxxxxx 0000, Xxxxxx in Courtroom 11D, United States Xxxxxx Courthouse, 000 Xxxxx Xx.00 Xxx Xxxxxx Drive, Xxx XxxxS.W., XXAtlanta, 00000-0000GA 30303. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxxxxx000xxxxxxxxxxxxxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant because you had an account balance in the Plan as of September 30, 2020. If You Are A If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of September 30, 2020 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant. You , you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxxxxx000xxxxxxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2021) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2021, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell The Xxxxx Xxxxxxx University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity 403(b) Plan (the PlansPlan”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx The Xxxxx Xxxxxxx University (collectively CornellXxxxx Xxxxxxx” or “DefendantsDefendant)), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1June 30, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1June 30, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18July 22, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxXxxxxxxXxxxxxxxxx000x.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2019 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxx, III in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx.Xxxx Xxxxxxx Xxxxxx, Xxx XxxxXxxxxxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxXxxxxxxXxxxxxxxxx000x.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Xxxxx Xxxxxxx and participants who are individuals who no longer had employed by Xxxxx Xxxxxxx but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant because you had an account balance in the Plan as of June 30, 2019. If You Are A If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of June 30, 2019 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant. You , you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxXxxxxxxXxxxxxxxxx000x.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2019) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2019, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees Massachusetts Institute of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Technology Supplemental 401(k) (the PlansPlan”) against Cornell University, the Retirement Plan Oversight Committee, Massachusetts Institute of Technology and Xxxx X. Xxxxxxxx certain individuals (collectively “CornellMIT” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested Current Participants in the TIAA-CREF Lifecycle funds between August 17Plan, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1, 2020 (“will provide Former Participants”) will receive their allocation Participants in the form of Plan with either a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. Class Members’ status as either Current Participants or Former Participants was established as of , 2019. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 28, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 20 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxxxxx X. Xxxxxx in Courtroom 11DXxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx Xx.0 Xxxxxxxxxx Xxx, Xxx XxxxXxxxxx, XXXxxxxxxxxxxxx, 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. According to the Plan’s records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 20202019. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. Even if you intend to object to any part of the Settlement, you should complete and return the Former Participant Claim form to preserve your right to obtain your share of the Net Settlement Amount. If you do not complete and return the a Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxand completed at xxx.XXX000XXxxxxxxxxxXxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_20 , of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), Plans alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1March 31, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1March 31, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18April 28, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before Senior United States District Court Judge P. Xxxxx Xxxxxx Xxxxxxx Xxxxxxx in Courtroom 11D0000, Xxxxxxx X. Xxxxxxx Federal Building, 2211 United States Courthouse, 000 Xxxxx Xx.00 Xxx Xxxxxx Drive, Xxx XxxxSW, XXAtlanta, 00000GA 30303-00003309. Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs Costs, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants who are individuals current employees and participants who are no longer had employed by Emory but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant because you had an account balance in the Plan as of March 31, 2020. If You Are A If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of March 31, 2020 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant. You , you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form. However, if you will be bound by the Settlementbelieve you are a Former Participant, including the release. A a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2020) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2020, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), Plans alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1March 31, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1March 31, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18April 28, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before Senior United States District Court Judge P. Xxxxx Xxxxxx Xxxxxxx Xxxxxxx in Courtroom 11D0000, Xxxxxxx X. Xxxxxxx Federal Building, 2211 United States Courthouse, 000 Xxxxx Xx.00 Xxx Xxxxxx Drive, Xxx XxxxSW, XXAtlanta, 00000GA 30303-00003309. Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs Costs, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan Plans greater than $0 as of September 1March 31, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2020) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2020, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) for the Plan as a result of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees against NRECA and other alleged fiduciaries of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell Universitycollectively, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) related to ). Defendants deny all claims, and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual a $10 million Settlement fund that will be allocated to eligible Class Members after any Court-approved deductions for Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation. Class Members with one or more accounts of the Settlement Class who invested with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1July 31, 2020 (referred to herein as “Current Participants”)) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 did not have an Active Account as of September 1July 31, 2020 (referred to herein as “Former Participants”) will must submit a claim form to be deemed an “Authorized Former Participant” and receive an allocation, and may receive their allocation in the form of a check mailed to the address listed on the Former Participant Claim Form or a rollover. Current Participants who have an Active Account as of July 31, if elected2020, but who no longer have an Active Account at the time monies are distributed will be treated as “Authorized Former Participants” and will receive an allocation by check. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18July 31, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx[xxx.xxxxxxxxxxxxxxxxxxx.xxx]. Any amendments to the Settlement Agreement or any Certain other settlement documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and any subsequent amendments to may also be reviewed in person, as allowed by the Settlement Agreement or other changesCourt, including changes to during regular business hours at the Plan of Allocation, the date, time, or location Office of the Fairness HearingClerk of the United States District Court for the Eastern District of Virginia, or other Court orders concerning the Settlement000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000. • Your rights and options the choices available to you — and the applicable deadlines to exercise them act — are explained in this Settlement Notice. Please note that neither NRECA nor any employees or representatives of NRECA may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing Fairness Hearing will take place on [DATE], at [TIME], before the Xxxxxxxxx Xxxx X’Grady at the Xxxxxx X. Xxxxx U.S. Courthouse, 000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, in Courtroom , to determine whether to grant final approval of the Settlement and for approval of approve the Class Representatives’ petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, and for Class Representatives’ Compensation Representative Compensation. The date and time of the Fairness Hearing are subject to change by Court Order, but any changes will take place on , 202 be posted at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx., Xxx Xxxx, XX, 00000-0000[xxx.xxxxxxxxxxxxxxxxx.xxx]. • Any objections to the Settlement, or to the petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, or to Class Representatives’ Compensation, along with any supporting documents, must be served in writing on mailed to Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 under Question 11 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE YOU ARE A FORMER PARTICIPANT THAT INVESTED IN CURRENT PARTICIPANT. YOU WILL NEED TO CONTACT THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT ADMINISTRATOR IF THIS IS NOT CORRECT. If You Are A Former Our records indicate that you are a Current Participant. You must return a Former Participant Claim Form that is postmarked by do not need to do anything to receive your share of the Net Settlement Amount. If, however, you are a “Former Participant” who did not have an Active Account in the Plan as of July 31, 2020, or are the beneficiary or alternate payee of a Former Participant, then you must mail a Former Participant Claim Form postmarked on or before [DATE] to receive a share of the Net Settlement Amount. If you are a Former Participant, and you do not return mail the Former Participant Claim Form that is postmarked by the above deadline, you will forfeit your share of the Net Settlement Amount even though Amount. If you will be bound by the Settlementbelieve you are a Former Participant, including the release. A a claim form may also be obtained by calling the Settlement Administrator at [telephone number] or by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx[xxx.xxxxxxxxxxxxxxxxx.xxx]. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 [DATE]) If you wish to object to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representatives’ Compensation, you may must mail an objection and any supporting documents to Class Counsel and Defendants’ Counsel (as discussed below) write to the Court and counsel about why you object to the Settlement. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objectionidentified under Question 11below). YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you [DATE] You may also attend the hearing about Fairness Hearing and speak at the Settlement and present your objections to the CourtFairness Hearing on [DATE]. You may attend the hearing even if you do not file and speak at the hearing without filing a written objectionnotice of your intention to appear, but you will not be permitted to address the Court at the hearing make an objection if you do not notify comply with the Court and counsel by , 202_, of your intention to appear at the hearing.requirements for making objections. The Class Action

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Insperity 401(k) Plan (the PlansPlan”) against Cornell UniversityReliance Trust Company, the Retirement Plan Oversight CommitteeInsperity, Inc., Insperity Holdings, Inc., and Xxxx X. Xxxxxxxx Insperity Retirement Services, L.P. (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 130, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 130, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 12, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxxxxx000xxxxxxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2021 at a.m./p.m., before United States District Court Judge P. Xxxx X. Xxxxx in Xxxxxxxxx 0000, Xxxxxx in Courtroom 11D, United States Xxxxxx Courthouse, 000 Xxxxx Xx.00 Xxx Xxxxxx Drive, Xxx XxxxS.W., XXAtlanta, 00000-0000GA 30303. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxxxxx000xxxxxxxxxxxxxxx.xxx. According to the Plan’s records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 130, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT The Plan’s records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by or completed online and filed electronically through the website xxx.Xxxxxxxxx000xxxxxxxxxxxxxxx.xxx, in order to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , or submitted electronically by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may also can be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxxxxx000xxxxxxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2021) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2021, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), Plans alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1January 14, 2020 2021 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1January 14, 2020 2021 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18January 13, 20202021. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXXxxx000XXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXX XX, 202 2021 at a.m./p.m.xx:xx a.m., before United States District Court Judge P. Xxxxx Xxxxxx Gene X.X. Xxxxxxx in Courtroom 11D10B, United States Courthouse00000 X.X. Xxxxxxxxxx, 000 Xxxxx Xx.Xxxxxxxxxxxx, Xxx Xxxx, XX, XX 00000-0000. Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs Costs, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXXxxx000XXxxxxxxxxx.xxx. According to the Plans’ records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants who are individuals current employees and participants who are no longer had employed by Univ. of Pennsylvania but continue to have an account balance in one or more of the Plan greater than $0 as of September 1, 2020Plans. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant because you had an account balance in one or more of the Plans as of January 14, 2021. If You Are A If, however, you are a Former Participant who participated in one or more of the Plans during the Class Period and did not have a balance greater than $0 as of January 14, 2021 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant. You , you must return a Former Participant Claim Form that is postmarked or electronically filed by XXXX XX, 2021 to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked or electronically filed by XXXX XX, 0000, you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form. However, if you will be bound by the Settlementbelieve you are a Former Participant, including the release. A a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXXxxx000XXxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXX XX, 20 2021) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXX XX, 2021 If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by XXXXX XX, 202_0000, of your intention to appear at the hearing.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) for the Plan as a result of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees against NRECA and other alleged fiduciaries of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell Universitycollectively, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) related to ). Defendants deny all claims, and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual a $10 million Settlement fund that will be allocated to eligible Class Members after any Court-approved deductions for Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation. Class Members with one or more accounts of the Settlement Class who invested with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1July 31, 2020 (referred to herein as “Current Participants”)) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 did not have an Active Account as of September 1July 31, 2020 (referred to herein as “Former Participants”) will must submit a claim form to be deemed an “Authorized Former Participant” and receive an allocation, and may receive their allocation in the form of a check mailed to the address listed on the Former Participant Claim Form or a rollover. Current Participants who have an Active Account as of July 31, if elected2020, but who no longer have an Active Account at the time monies are distributed will be treated as “Authorized Former Participants” and will receive an allocation by check. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18July 31, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx[xxx.xxxxxxxxxxxxxxxxxxx.xxx]. Any amendments to the Settlement Agreement or any Certain other settlement documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and any subsequent amendments to may also be reviewed in person, as allowed by the Settlement Agreement or other changesCourt, including changes to during regular business hours at the Plan of Allocation, the date, time, or location Office of the Fairness HearingClerk of the United States District Court for the Eastern District of Virginia, or other Court orders concerning the Settlement000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000. • Your rights and options the choices available to you — and the applicable deadlines to exercise them act — are explained in this Settlement Notice. Please note that neither NRECA nor any employees or representatives of NRECA may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing Fairness Hearing will take place on [DATE], at [TIME] before the Xxxxxxxxx Xxxx X’Grady at the Xxxxxx X. Xxxxx U.S. Courthouse, 000 Xxxxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, in Courtroom , to determine whether to grant final approval of the Settlement and for approval of approve the Class Representatives’ petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, and for Class Representatives’ Compensation Compensation. The date and time of the Fairness Hearing are subject to change by Court Order, but any changes will take place on , 202 be posted at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx., Xxx Xxxx, XX, 00000-0000[xxx.xxxxxxxxxxxxxxxxx.xxx]. • Any objections to the Settlement, or to the petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, or to Class Representatives’ Compensation, along with any supporting documents, must be served in writing on mailed to Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 under Question 11 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are A Our records indicate that you are a Former Participant. You FORMER must return mail a Former Participant Claim Form that is postmarked by on or PARTICIPANT. before [DATE] to receive your share of the Net Settlement YOU MUST MAIL A Amount. The Former Participant Claim Form is included with CLAIM FORM this Notice. If you do not return mail the Former Participant Claim POSTMARKED ON OR Form that is postmarked by on or before [DATE], you will forfeit your BEFORE [DATE] TO share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxRECEIVE ANY MONIES FROM THE SETTLEMENT. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 [DATE]) If you wish to object to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representatives’ Compensation, you may must mail an objection and any supporting documents to Class Counsel and Defendants’ Counsel (as discussed identified under Question 11 below) write to the Court and counsel about why you object to the Settlement. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection). YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you [DATE] You may also attend the hearing about Fairness Hearing and speak at the Settlement and present your objections to the CourtFairness Hearing on [DATE]. You may attend the hearing even if you do not file and speak at the hearing without filing a written objectionnotice of your intention to appear, but you will not be permitted to address the Court at the hearing make an objection if you do not notify comply with the Court and counsel by , 202_, of your intention to appear at the hearing.requirements for making objections. The Class Action

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees Massachusetts Institute of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Technology Supplemental 401(k) (the PlansPlan”) against Cornell University, the Retirement Plan Oversight Committee, Massachusetts Institute of Technology and Xxxx X. Xxxxxxxx certain individuals (collectively “CornellMIT” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested Current Participants in the TIAA-CREF Lifecycle funds between August 17Plan, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1, 2020 (“will provide Former Participants”) will receive their allocation Participants in the form of Plan with either a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. Class Members' status as either Current Participants or Former Participants was established as of , 2019. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 28, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives' petition for Attorneys' Fees and Costs and for Class Representatives' Compensation will take place on , 202 20 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxxxxx X. Xxxxxx in Courtroom 11DXxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx Xx.0 Xxxxxxxxxx Xxx, Xxx XxxxXxxxxx, XXXxxxxxxxxxxxx, 00000-0000. • Any objections to the Settlement, to the petition for Attorneys' Fees and Costs or to Class Representatives' Compensation, must be served in writing on Class Counsel and Defendant’s 's Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at the Massachusetts Institute of Technology and participants who are individuals who no longer had employed by the Massachusetts Institute of Technology but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Current Participant. You Do Not Need To Do Anything To Participate In The Settlement Our records indicate that you are a Current Participant because you had an account balance in the Plan as of August 31, 2019. If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of August 31, 2019 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) If Even if you wish intend to object to any part of the Settlement, you may (as discussed below) write should complete and return the Former Participant Claim form to preserve your right to obtain your share of the Court and counsel about why you object to the Settlement. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Net Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearingAmount.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca Plans against Lockheed Xxxxxx Corporation and the Cornell University Tax Deferred Annuity Plan Lockheed Xxxxxx Investment Management Company (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 1February 13, 2020 2015 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 Active Accounts as of September 1February 13, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 20, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.m1:30_p.m., before United States District Court Chief Judge P. Xxxxx Xxxxxxx X. Xxxxxx in Courtroom 11Dxx Xxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx XxXxx Xxxxxxxx Xxx., Xxx XxxxXxxx Xx. Xxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. You must fill out the enclosed Claim Form in order to receive any portion of the Settlement Fund. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17this is incorrect, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are a Former Participant, You Must Return The Enclosed Former Participant Claim Form By XXXXX To Receive A Distribution The Plans’ records indicate you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by XXXXXX in order to receive a check for your share of the Net Settlement Amount. If you are a Former Participant and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may can also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN You Can Object (No Later Than XXXXX, 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND You Can Attend A HEARING ON Hearing On XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.hearing by XXXXX, 0000. The Class Action

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Novant Health Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plus Plan (the PlansPlan”) against Cornell UniversityNovant Health, Inc. (“Novant”) and other alleged fiduciaries to the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”)Plan, alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to ). Defendants deny all claims and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had one or more accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 130, 2020 2015 (“Current Participants”). Current Participants with an Active Account in the 457(f) Plan and/or an account in one or more of the other Plans that was no longer an Active Account as of September 30, 2015, will receive their allocation for these accounts in the form of a check mailed to their last known address or a rollover, if available and elected. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 any Active Accounts as of September 130, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if available and elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 15, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.mXX:XXa.m./p.m., before Judge Xxxxxxx Xxxxxx, Xx. at the United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States CourthouseCourt, 000 X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxx Xx., Xxx Xxxx, XX, Xxxxxxxx 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 six of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Current Participant. If you believe that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Novant and participants who are individuals who no longer had employed by Novant but continue to have an account balance in one or more of the Plan greater than $0 as of September 1, 2020Plans. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENT. If You Are A Our records indicate that you are a Current Participant. If, however, you are a “Former Participant. You ” who participated in the Plans during the Class Period and on September 30, 2015 did not have an Active Account in any of the Plans, or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by XXXXXX to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you will be bound by the Settlementare a Current Participant. However, including the release. A if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXXX, 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearinghearing by XXXXX, 0000.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement ELCA Plan for and Good Samaritan Plan against the Employees Board of Pensions of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Evangelical Lutheran Church in America (the d/b/a Portico Benefit Services), A Minnesota Corporation Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “DefendantsDefendant”), alleging violations of the Employee Retirement Income Security Minnesota Prudent Investor Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Fundsand Minnesota law. The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 130, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 130, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18December 23, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ and Individual Plaintiff’s Compensation will take place on , 202 2020 at a.m./p.m., before United States District Hennepin County Court Judge P. Xxxxx Xxxxxx X. Xxxxxx in Courtroom 11D, United States CourthouseHennepin Co. Govt. Center (GC),300 Xxxxx 0xx Xxxxxx, 000 Xxxxx Xx.Xxxxxxxxxxx, Xxx Xxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ and Individual Plaintiff’s Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxx000xxxxxxxxxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently sponsored in the Plan and participants who are individuals who no longer had sponsored in the Plan but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant because you had an account balance in the Plan as of September 30, 2019. If You Are A If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of September 30, 2019 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant. You , you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2020) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2020, of your intention to appear at the hearing. The Class Action The case is called Bacon, et al., v. Board of Pensions of the Evangelical Lutheran Church in America (d/b/a Portico Benefit Services), Case No. 27-CV-15-3425 (the “Class Action”). The Court supervising the case is the Fourth Judicial District for the State of Minnesota in Hennepin County. The individuals who brought this suit are called Class Representatives, and the entity they sued is called the Board of Pensions of the Evangelical Lutheran Church in America (d/b/a Portico Benefit Services), a Minnesota non-profit corporation. The Class Representatives are current and former participants in the Plan. The Class Representatives’ claims are described below, and additional information about them is available at xxx.xxxxxxx000xxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca The Oracle Corporation 401(k) Savings and the Cornell University Tax Deferred Annuity Investment Plan (the PlansPlan”) against Cornell Universitythe Oracle Corporation, the Retirement Plan Oversight Oracle Corporation 401(k) Committee, and Xxxx X. Xxxxxxxx certain other individually named defendants (collectively CornellOracle” or “Defendants”)), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested individuals in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and above class (“Class Members”) who had Plan accounts during the Class Period with a balance greater than $0 as of September 1December 31, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1December 31, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 26, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxxxx in Courtroom 11DA1001, Xxxxxx X. Xxxxx United States Courthouse, 000 Xxxxx Xx.00xx Xxxxxx, Xxx XxxxXxxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at the Oracle Corporation and participants who are individuals who no longer had employed by the Oracle Corporation but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant because you had an account balance in the Plan as of December 31, 2019. If You Are A If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of December 31, 2019 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant. You , you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2020) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2020, of your intention to appear at the hearing.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity against Northrop Grumman Corporation, Northrop Grumman Savings Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Administrative Committee, and Northrop Grumman Savings Plan Investment Committee, Xxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx X. Xxxxxxxxxxx, Xxxxxxx X. Xxxxxx, Xxxxx Xxxxxxxxx, Xxxx X. Xxxxxx, Xxxx Xxxxxxxxxx, Xxxxxxx Xxxx, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx, Xxxxxxx XxXxxxxxx Xxxx, Xxxxxxxxxxx XxXxx, Xxxx XxXxxxxx, Xxxxxxxxx Xxxxxxx, Xxxxxxxx Xxxxxxxx, Xxxxxx Xxxxx, Xxxxx X. Xxxxx, Xxxxx Xxxxxx, Xxxx Xxxxxxxx, and Xxxxxx Xxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class ). of the TIAA-CREF Lifecycle Funds. The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1December 31, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1December 31, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18January 13, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.0000xxxxxxxx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.m.XXXXX a.m., before United States District Court Judge P. Xxxxx Xxxxxx Xxxxxxx Xx. in Courtroom 11D7B, United States Courthouse, 000 Xxxx Xxxxx Xx.Xxxxxx, Xxx XxxxXxxxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.0000xxxxxxxx000xxxxxxxxxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Northrop Grumman Corp. and participants who are individuals who no longer had employed by Northrop Grumman Corp. but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant. If You Are A If, however, you are a “Former Participant. You ” who participated in the Plan during the Class Period and on December 31, 2019 did not have a balance greater than $0, or are the beneficiary, alternate payee, or attorney-in- fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by XXXXXX, or completed online and filed electronically through the website xxx.0000xxxxxxxx000xxxxxxxxxxx.xxx, to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, or submitted electronically by XXXXXX, you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you will be bound by the Settlementare a Current Participant. However, including the release. A if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.0000xxxxxxxx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXXX, 20 2020) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.hearing by XXXXX, 0000. The Class Action

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca The Oracle Corporation 401(k) Savings and the Cornell University Tax Deferred Annuity Investment Plan (the PlansPlan”) against Cornell Universitythe Oracle Corporation, the Retirement Plan Oversight Oracle Corporation 401(k) Committee, and Xxxx X. Xxxxxxxx certain other individually named defendants (collectively CornellOracle” or “Defendants”)), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested individuals in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and above class (“Class Members”) who had Plan accounts during the Class Period with a balance greater than $0 as of September 1December 31, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1December 31, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 26, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxxxx in Courtroom 11DA1001, Xxxxxx X. Xxxxx United States Courthouse, 000 Xxxxx Xx.00xx Xxxxxx, Xxx XxxxXxxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at the Oracle Corporation and participants who are individuals who no longer had employed by the Oracle Corporation but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Current Participant. You Do Not Need To Do Anything To Participate In The Settlement Our records indicate that you are a Current Participant because you had an account balance in the Plan as of December 31, 2019. If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of December 31, 2019 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearingxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Novant Health Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plus Plan (the PlansPlan”) against Cornell UniversityNovant Health, Inc. (“Novant”) and other alleged fiduciaries to the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”)Plan, alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to ). Defendants deny all claims and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had one or more accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 130, 2020 2015 (“Current Participants”). Current Participants with an Active Account in the 457(f) Plan and/or an account in one or more of the other Plans that was no longer an Active Account as of September 30, 2015, will receive their allocation for these accounts in the form of a check mailed to their last known address or a rollover, if available and elected. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 any Active Accounts as of September 130, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if available and elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 15, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.mXX:XXa.m./p.m., before Judge Xxxxxxx Xxxxxx, Xx. at the United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States CourthouseCourt, 000 X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxx Xx., Xxx Xxxx, XX, Xxxxxxxx 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 six of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. If you believe that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Novant and participants who are individuals who no longer had employed by Novant but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT A CLAIM FORM BY XXXXX TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by XXXXXX to receive a check for your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXXX, 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearinghearing by XXXXX, 0000.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) for the Plans as a result of a class action lawsuit brought by certain current or former participants in the Cornell University Retirement Plan for the Employees one or both of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Plans against Massachusetts Financial Services Company (the PlansMFS”) against Cornell Universityand other alleged fiduciaries of the Plans (collectively, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) related to ). Defendants deny all claims, and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual to Class Members. Class Members with one or more accounts with a positive balance (an “Active Account”) in one or both of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 1June 14, 2020 2019 (referred to herein as “Current Participants”)) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 did not have an Active Account as of September 1June 14, 2020 2019 (referred to herein as “Former Participants”) will must submit a claim form to be deemed an “Authorized Former Participant” and receive an allocation, and may receive their allocation in the form of a check mailed to the address listed on the Former Participant Claim Form or a rollover. Current Participants who have an Active Account as of June 14, if elected2019, but who are determined to no longer have an Active Account as of the date of their Settlement payments will be treated as “Authorized Former Participants” and will receive an allocation by check. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18June 14, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx[xxx.xxxxxxxxxxxxxxxxxxx.xxx]. Any amendments to the Settlement Agreement or any Certain other settlement documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and any subsequent amendments to can also be reviewed in person during regular business hours at the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location Office of the Fairness HearingClerk of the United States District Court for the District of Massachusetts, or other Court orders concerning the Settlement0 Xxxxxxxxxx Xxx, Xxxxxx, XX 00000. • Your rights and options the choices available to you — and the applicable deadlines to exercise them act — are explained in this Settlement Notice. Please note that neither MFS nor any MFS affiliate nor any employees or representatives of MFS or an MFS affiliate may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing Fairness Hearing will take place on [DATE], at [TIME], before the United States District Court for the District of Massachusetts, 0 Xxxxxxxxxx Xxx, Xxxxxx, XX 00000, in Courtroom 12, 5th Floor, to determine whether to grant final approval of the Settlement and for approval of approve the Class Representatives’ petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, and for Class Representatives’ Compensation will take place on , 202 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx., Xxx Xxxx, XX, 00000-0000Compensation. • Any objections to the Settlement, or to the petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defense Counsel, as identified on page 5 7 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE YOU ARE A FORMER PARTICIPANT THAT INVESTED IN CURRENT PARTICIPANT. YOU WILL NEED TO CONTACT THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT ADMINISTRATOR IF THIS IS NOT CORRECT. If You Are A Former Our records indicate that you are a Current Participant. You must return a Former Participant Claim Form that is postmarked by do not need to do anything to receive your share of the Net Settlement Amount. If, however, you are a “Former Participant” who did not have an Active Account in one or both of the Plans as of June 14, 2019, or are the Beneficiary or Alternate Payee of a Former Participant, then you must mail a Former Participant Claim Form postmarked on or before [DATE] to receive a share of the Net Settlement Amount. If you are a Former Participant, and you do not return mail the Former Participant Claim Form that is postmarked by the above deadline, you will forfeit your share of the Net Settlement Amount even though Amount. If you will be bound by the Settlementbelieve you are a Former Participant, including the release. A a claim form may also be obtained by calling the Settlement Administrator at [telephone number] or by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx[xxx.xxxxxxxxxxxxxxxxx.xxx]. ANY CLASS MEMBER YOU CAN OBJECT(NO LATER THAN , 20 ) OBJECT If you wish to object to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representatives’ Compensation, you may must write to Class (NO LATER THAN [DATE]) Counsel and Defense Counsel (as discussed identified on page 7 below) write to the Court and counsel about why you object to the Settlement. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objectionobject. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you [DATE] You may also attend the hearing about Fairness Hearing and speak at the Settlement and present your objections to the CourtFairness Hearing on [DATE]. You may attend the hearing even if you do not file and speak at the hearing without filing a written objectionnotice of your intention to appear, but you will not be permitted to address the Court at the hearing make an objection if you do not notify comply with the Court and counsel by , 202_, of your intention to appear at the hearingrequirements for making objections.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Novant Health Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plus Plan (the PlansPlan”) against Cornell UniversityNovant Health, Inc. (“Novant”) and other alleged fiduciaries to the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”)Plan, alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to ). Defendants deny all claims and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had one or more accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 130, 2020 2015 (“Current Participants”). Current Participants with an Active Account in the 457(f) Plan and/or an account in one or more of the other Plans that was no longer an Active Account as of September 30, 2015, will receive their allocation for these accounts in the form of a check mailed to their last known address or a rollover, if available and elected. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 any Active Accounts as of September 130, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if available and elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 15, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.mXX:XXa.m./p.m., before Judge Xxxxxxx Xxxxxx, Xx. at the United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States CourthouseCourt, 000 X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxx Xx., Xxx Xxxx, XX, Xxxxxxxx 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 six of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. If you believe that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Novant and participants who are individuals who no longer had employed by Novant but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Participant. You Must Return a Claim Form By XXXXX To Participate In The Settlement Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by XXXXXX to receive a check for your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though you will be bound by the SettlementAmount. You Can Object (No Later Than XXXXX, including the release. A claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND You Can Attend A HEARING ON Hearing On XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearinghearing by XXXXX, 0000.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell The Xxxxx Xxxxxxx University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity 403(b) Plan (the PlansPlan”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx The Xxxxx Xxxxxxx University (collectively CornellXxxxx Xxxxxxx” or “DefendantsDefendant)), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1June 30, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1June 30, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18July 22, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxXxxxxxxXxxxxxxxxx000x.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2019 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxx, III in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx.Xxxx Xxxxxxx Xxxxxx, Xxx XxxxXxxxxxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxXxxxxxxXxxxxxxxxx000x.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Xxxxx Xxxxxxx and participants who are individuals who no longer had employed by Xxxxx Xxxxxxx but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Current Participant. You Do Not Need To Do Anything To Participate In The Settlement Our records indicate that you are a Current Participant because you had an account balance in the Plan as of June 30, 2019. If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of June 30, 2019 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you are a Current Participant. However, if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearingxxx.XxxxxXxxxxxxXxxxxxxxxx000x.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), Plans alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1March 31, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1March 31, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18April 28, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before Senior United States District Court Judge P. Xxxxx Xxxxxx Xxxxxxx Xxxxxxx in Courtroom 11D0000, Xxxxxxx X. Xxxxxxx Federal Building, 2211 United States Courthouse, 000 Xxxxx Xx.00 Xxx Xxxxxx Drive, Xxx XxxxSW, XXAtlanta, 00000GA 30303-00003309. Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs Costs, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan Plans greater than $0 as of September 1March 31, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Participant. You Must Return The Enclosed Former Participant Claim form by to Participate In The Settlement Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearingXxxxx000xXxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), Plans alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1March 31, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1March 31, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18April 28, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before Senior United States District Court Judge P. Xxxxx Xxxxxx Xxxxxxx Xxxxxxx in Courtroom 11D0000, Xxxxxxx X. Xxxxxxx Federal Building, 2211 United States Courthouse, 000 Xxxxx Xx.00 Xxx Xxxxxx Drive, Xxx XxxxSW, XXAtlanta, 00000GA 30303-00003309. Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs Costs, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxXxxxx000xXxxxxxxxxx.xxx. According to the Plan’s records, you are a Current Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants who are individuals current employees and participants who are no longer had employed by Emory but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plan. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Current Participant. You Do Not Need To Do Anything To Participate In The Settlement Our records indicate that you are a Current Participant because you had an account balance in the Plan as of March 31, 2020. If, however, you are a Former Participant who participated in the Plan during the Class Period and did not have a balance greater than $0 as of March 31, 2020 or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form. However, if you will be bound by the Settlementbelieve you are a Former Participant, including the release. A a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearingXxxxx000xXxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell Plans against the Trustees of Columbia University Retirement Plan for in the Employees City of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan New York (the Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “DefendantsDefendant”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide provides for the allocation of monies directly into the individual accounts of members of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1March 31, 2020 2021 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1March 31, 2020 2021 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18May 21, 20202021. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.m.XXXXX, before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxx in Courtroom 11DXxxxxxxxx 00X, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx Xx., . Xxx Xxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1March 31, 20202021. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY XXXX TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT T he Plan’s records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by XXXXXX, or completed online and filed electronically through the website xxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx, in order to receive a check or rollover for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, or submitted electronically by XXXXXX, you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may also can be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXXX, 20 2021) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.hearing by XXXXX, 0000. T he Class Action

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca The Oracle Corporation 401(k) Savings and the Cornell University Tax Deferred Annuity Investment Plan (the PlansPlan”) against Cornell Universitythe Oracle Corporation, the Retirement Plan Oversight Oracle Corporation 401(k) Committee, and Xxxx X. Xxxxxxxx certain other individually named defendants (collectively CornellOracle” or “Defendants”)), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested individuals in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and above class (“Class Members”) who had Plan accounts during the Class Period with a balance greater than $0 as of September 1December 31, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1December 31, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 26, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxxxx in Courtroom 11DA1001, Xxxxxx X. Xxxxx United States Courthouse, 000 Xxxxx Xx.00xx Xxxxxx, Xxx XxxxXxxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. According to the Plan’s records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1December 31, 20202019. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Participant. You Must Return The Enclosed Former Participant Claim form by To Participate In The Settlement Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearingxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca The Oracle Corporation 401(k) Savings and the Cornell University Tax Deferred Annuity Investment Plan (the PlansPlan”) against Cornell Universitythe Oracle Corporation, the Retirement Plan Oversight Oracle Corporation 401(k) Committee, and Xxxx X. Xxxxxxxx certain other individually named defendants (collectively CornellOracle” or “Defendants”)), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested individuals in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and above class (“Class Members”) who had Plan accounts during the Class Period with a balance greater than $0 as of September 1December 31, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1December 31, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 26, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 2020 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxxxx in Courtroom 11DA1001, Xxxxxx X. Xxxxx United States Courthouse, 000 Xxxxx Xx.00xx Xxxxxx, Xxx XxxxXxxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. According to the Plan’s records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1December 31, 20202019. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XxxxxxXxxxxxxxxxx000xXxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2020) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2020, of your intention to appear at the hearing.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement ELCA Plan for and Good Samaritan Plan against the Employees Board of Pensions of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Evangelical Lutheran Church in America (the d/b/a Portico Benefit Services), A Minnesota Corporation (“ Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “DefendantsDefendant”), alleging violations of the Employee Retirement Income Security Minnesota Prudent Investor Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Fundsand Minnesota law. The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 130, 2020 2019 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 130, 2020 2019 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18December 23, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ and Individual Plaintiff’s Compensation will take place on , 202 2020 at a.m./p.m., before United States District Hennepin County Court Judge P. Xxxxx Xxxxxx X. Xxxxxx in Courtroom 11D, United States CourthouseHennepin Co. Govt. Center (GC),300 Xxxxx 0xx Xxxxxx, 000 Xxxxx Xx.Xxxxxxxxxxx, Xxx Xxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ and Individual Plaintiffs’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxx000xxxxxxxxxxx.xxx. According to the Plan’s records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 130, 20202019. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If You Are A SETTLEMENT Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 2020) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_2020, of your intention to appear at the hearing. The Class Action The case is called Bacon, et al., v. Board of Pensions of the Evangelical Lutheran Church in America (d/b/a Portico Benefit Services), Case No. 27-CV-15-3425 (the “Class Action”). The Court supervising the case is the Fourth Judicial District for the State of Minnesota in Hennepin County. The individuals who brought this suit are called Class Representatives, and the entity they sued is called the Board of Pensions of the Evangelical Lutheran Church in America (d/b/a Portico Benefit Services), a Minnesota non-profit corporation. The Class Representatives are current and former participants in the Plan. The Class Representatives’ claims are described below, and additional information about them is available at xxx.xxxxxxx000xxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees Massachusetts Institute of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Technology Supplemental 401(k) (the PlansPlan”) against Cornell University, the Retirement Plan Oversight Committee, Massachusetts Institute of Technology and Xxxx X. Xxxxxxxx certain individuals (collectively “CornellMIT” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested Current Participants in the TIAA-CREF Lifecycle funds between August 17Plan, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1, 2020 (“will provide Former Participants”) will receive their allocation Participants in the form of Plan with either a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. Class Members' status as either Current Participants or Former Participants was established as of , 2019. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 28, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives' petition for Attorneys' Fees and Costs and for Class Representatives' Compensation will take place on , 202 20 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxxxxx X. Xxxxxx in Courtroom 11DXxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx Xx.0 Xxxxxxxxxx Xxx, Xxx XxxxXxxxxx, XXXxxxxxxxxxxxx, 00000-0000. • Any objections to the Settlement, to the petition for Attorneys' Fees and Costs or to Class Representatives' Compensation, must be served in writing on Class Counsel and Defendant’s 's Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.XXX000XXxxxxxxxxxXxxx.xxx. According to the Plan’s records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 20202019. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Participant. You Must Return The Enclosed Former Participant Claim form by To Participate In The Settlement Our records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. Even if you intend to object to any part of the Settlement, you should complete and return the Former Participant Claim form to preserve your right to obtain your share of the Net Settlement Amount. If you do not complete and return the a Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form is enclosed with this notice but may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance completed at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearingxxx.XXX000XXxxxxxxxxxXxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell Plans against the Trustees of Columbia University Retirement Plan for in the Employees City of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan New York (the Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “DefendantsDefendant”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide provides for the allocation of monies directly into the individual accounts of members of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1March 31, 2020 2021 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1March 31, 2020 2021 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18May 21, 20202021. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 2021, at a.m./p.m.XXXXX, before United States District Court Judge P. Xxxxx Xxxxxx X. Xxxxxxx in Courtroom 11D11A, United States Courthouse, 000 Xxxxx Xx., . Xxx Xxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. If you believe instead that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17definition of a Current Participant, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1March 31, 20202021. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Participant. You Must Return the Enclosed Former Participant Claim Form by XXXX to Participate in the Settlement The Plan’s records indicate that you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by XXXXXX, or completed online and filed electronically through the website xxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx, in order to receive a check or rollover for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, or submitted electronically by XXXXXX, you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may also can be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN You Can Object (No Later Than XXXXX, 20 2021) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND You Can Attend A HEARING ON Hearing On XXXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearinghearing by XXXXX, 2021.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca Plans against Lockheed Xxxxxx Corporation and the Cornell University Tax Deferred Annuity Plan Lockheed Xxxxxx Investment Management Company (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 1February 13, 2020 2015 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 Active Accounts as of September 1February 13, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 20, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.m1:30_p.m., before United States District Court Chief Judge P. Xxxxx Xxxxxxx X. Xxxxxx in Courtroom 11Dxx Xxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx XxXxx Xxxxxxxx Xxx., Xxx XxxxXxxx Xx. Xxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Current Participant. If you believe that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Lockheed Xxxxxx Corp. and participants who are individuals who no longer had employed by Lockheed Xxxxxx Corp. but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plans. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Former Current Participant. You Do Not Need To Do Anything To Participate In The Settlement Our records indicate that you are a Current Participant. If, however, you are a “Former Participant” who participated in the Plans during the Class Period and on February 13, 2015 did not have an Active Account in either of the Plans, or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by XXXXXX to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you will be bound by the Settlementare a Current Participant. However, including the release. A if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN You Can Object (No Later Than XXXXX, 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND You Can Attend A HEARING ON Hearing On XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.hearing by XXXXX, 0000. The Class Action

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca Plans against Lockheed Xxxxxx Corporation and the Cornell University Tax Deferred Annuity Plan Lockheed Xxxxxx Investment Management Company (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 1February 13, 2020 2015 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 Active Accounts as of September 1February 13, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 20, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.m1:30_p.m., before United States District Court Chief Judge P. Xxxxx Xxxxxxx X. Xxxxxx in Courtroom 11Dxx Xxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx XxXxx Xxxxxxxx Xxx., Xxx XxxxXxxx Xx. Xxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Former Participant. You must fill out the enclosed Claim Form in order to receive any portion of the Settlement Fund. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17this is incorrect, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012PARTICIPANT, YOU MUST RETURN THE ENCLOSED FORMER PARTICIPANT CLAIM FORM BY XXXXX TO PARTICIPATE IN THE SETTLEMENT. If You Are RECEIVE A DISTRIBUTION The Plans’ records indicate you are a Former Participant. You must return a Former Participant Claim Form that is postmarked by XXXXXX in order to receive a check for your share of the Net Settlement Amount. If you are a Former Participant and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may can also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXXX, 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.hearing by XXXXX, 0000. The Class Action

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) for the Plans as a result of a class action lawsuit brought by certain current or former participants in the Cornell University Retirement Plan for the Employees one or both of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan Plans against Massachusetts Financial Services Company (the PlansMFS”) against Cornell Universityand other alleged fiduciaries of the Plans (collectively, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) related to ). Defendants deny all claims, and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual to Class Members. Class Members with one or more accounts with a positive balance (an “Active Account”) in one or both of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 1June 14, 2020 2019 (referred to herein as “Current Participants”)) will automatically receive allocations directly to their accounts so long as they maintain a positive balance through the time Settlement monies are distributed. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 did not have an Active Account as of September 1June 14, 2020 2019 (referred to herein as “Former Participants”) will must submit a claim form to be deemed an “Authorized Former Participant” and receive an allocation, and may receive their allocation in the form of a check mailed to the address listed on the Former Participant Claim Form or a rollover. Current Participants who have an Active Account as of June 14, if elected2019, but who are determined to no longer have an Active Account as of the date of their Settlement payments will be treated as “Authorized Former Participants” and will receive an allocation by check. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18June 14, 20202019. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx[xxx.xxxxxxxxxxxxxxxxxxx.xxx]. Any amendments to the Settlement Agreement or any Certain other settlement documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit are also available for review via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and any subsequent amendments to can also be reviewed in person during regular business hours at the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location Office of the Fairness HearingClerk of the United States District Court for the District of Massachusetts, or other Court orders concerning the Settlement0 Xxxxxxxxxx Xxx, Xxxxxx, XX 00000. • Your rights and options the choices available to you — and the applicable deadlines to exercise them act — are explained in this Settlement Notice. Please note that neither MFS nor any MFS affiliate nor any employees or representatives of MFS or an MFS affiliate may advise you as to what the best choice is for you or how you should proceed. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing Fairness Hearing will take place on [DATE], at [TIME], before the United States District Court for the District of Massachusetts, 0 Xxxxxxxxxx Xxx, Xxxxxx, XX 00000, in Courtroom 12, 5th Floor, to determine whether to grant final approval of the Settlement and for approval of approve the Class Representatives’ petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, and for Class Representatives’ Compensation will take place on , 202 at a.m./p.m., before United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx., Xxx Xxxx, XX, 00000-0000Compensation. • Any objections to the Settlement, or to the petition for requested Attorneys’ Fees and Costs Costs, Administrative Expenses, or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defense Counsel, as identified on page 5 7 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT MAIL A CLAIM FORM BY POSTMARKED ON OR BEFORE [DATE] TO PARTICIPATE IN RECEIVE ANY MONIES FROM THE SETTLEMENT. If You Are A SETTLEMENT Our records indicate that you are a Former Participant. You must return mail a Former Participant Claim Form that is postmarked by on or before [DATE] to receive your share of the Net Settlement Amount. The Former Participant Claim Form is included with this Notice. If you do not return mail the Former Participant Claim Form that is postmarked by on or before [DATE], you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the releaseAmount. A claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN , 20 [DATE]) If you wish to object to any part of the Settlement, or to the requested Attorneys’ Fees and Costs, Administrative Expenses, or Class Representatives’ Compensation, you may must write to Class Counsel and Defense Counsel (as discussed identified on page 7 below) write to the Court and counsel about why you object to the Settlement. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objectionobject. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you [DATE] You may also attend the hearing about Fairness Hearing and speak at the Settlement and present your objections to the CourtFairness Hearing on [DATE]. You may attend the hearing even if you do not file and speak at the hearing without filing a written objectionnotice of your intention to appear, but you will not be permitted to address the Court at the hearing make an objection if you do not notify comply with the Court and counsel by , 202_, of your intention to appear at the hearingrequirements for making objections.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plan (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds. The Settlement will provide for the allocation of monies directly into the individual accounts of the Settlement Class who invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 as of September 1, 2020 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 as of September 1, 2020 (“Former Participants”) will receive their allocation in the form of a check mailed to the address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18, 2020. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on , 202 at a.m./p.m., before United States District Court Judge P. X. Xxxxx Xxxxxx in Courtroom 11D, United States Courthouse, 000 Xxxxx Xx., Xxx Xxxx, XX, 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. If you believe you had any balance invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012, contact the Settlement Administrator. Former Participants are individuals who no longer had an account balance in the Plan greater than $0 as of September 1, 2020. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE If You Are A FORMER PARTICIPANT THAT INVESTED IN THE Former Participant That Invested In The TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST Lifecycle Funds Between August 17, 2010 AND APRIL And April 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENTYou Must Return The Former Participant Claim form by To Participate In The Settlement. If You Are A Former Participant. You must return a Former Participant Claim Form that is postmarked by to receive your share of the Net Settlement Amount. If you do not return the Former Participant Claim Form that is postmarked by , you will forfeit your share of the Net Settlement Amount even though you will be bound by the Settlement, including the release. A claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN , 20 ) 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. The Court has authorized the Settling Parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Novant Health Retirement Plan for the Employees of the Endowed Colleges at Ithaca and the Cornell University Tax Deferred Annuity Plus Plan (the PlansPlan”) against Cornell UniversityNovant Health, Inc. (“Novant”) and other alleged fiduciaries to the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”)Plan, alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to ). Defendants deny all claims and nothing in the retention Settlement is an admission or concession on Defendants’ part of an imprudent share class of the TIAA-CREF Lifecycle Fundsany fault or liability whatsoever. The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had one or more accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 130, 2020 2015 (“Current Participants”). Current Participants with an Active Account in the 457(f) Plan and/or an account in one or more of the other Plans that was no longer an Active Account as of September 30, 2015, will receive their allocation for these accounts in the form of a check mailed to their last known address or a rollover, if available and elected. Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 any Active Accounts as of September 130, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if available and elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18October 15, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.mXX:XXa.m./p.m., before Judge Xxxxxxx Xxxxxx, Xx. at the United States District Court Judge P. Xxxxx Xxxxxx in Courtroom 11D, United States CourthouseCourt, 000 X. Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxx Xx., Xxx Xxxx, XX, Xxxxxxxx 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 six of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Current Participant. If you believe that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Novant and participants who are individuals who no longer had employed by Novant but continue to have an account balance in one or more of the Plan greater than $0 as of September 1, 2020Plans. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY TO PARTICIPATE IN THE SETTLEMENT. If Our Records Indicate That You Are A Current Participant. you do not need to do anything to participate in the settlement. Our records indicate that you are a Current Participant. If, however, you are a “Former Participant. You ” who participated in the Plans during the Class Period and on September 30, 2015 did not have an Active Account in any of the Plans, or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by XXXXXX to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you will be bound by the Settlementare a Current Participant. However, including the release. A if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.Xxxxxx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER CAN OBJECT(NO LATER THAN You Can Object (No Later Than XXXXX, 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND You Can Attend A HEARING ON Hearing On XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearinghearing by XXXXX, 0000.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ THIS SETTLEMENT NOTICE CAREFULLY. The Court has given its preliminary approval to a proposed settlement (the “Settlement”) of a class action lawsuit brought by certain participants in the Cornell University Retirement Plan for the Employees of the Endowed Colleges at Ithaca Plans against Lockheed Xxxxxx Corporation and the Cornell University Tax Deferred Annuity Plan Lockheed Xxxxxx Investment Management Company (the “Plans”) against Cornell University, the Retirement Plan Oversight Committee, and Xxxx X. Xxxxxxxx (collectively “Cornell” or “Defendants”), alleging violations of the Employee Retirement Income Security Act (“ERISA”) related to the retention of an imprudent share class of the TIAA-CREF Lifecycle Funds). The Settlement will provide provide, among other things, for the allocation of monies directly into the individual accounts of the Settlement Class Members who invested had accounts with a positive balance (an “Active Account”) in the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and had Plan accounts during the Class Period with a balance greater than $0 Plans as of September 1February 13, 2020 2015 (“Current Participants”). Class Members who are entitled to a distribution but who no longer had a Plan account with a balance greater than $0 Active Accounts as of September 1February 13, 2020 2015 (“Former Participants”) will receive their allocation in the form of a check mailed to the their last known address listed on the Former Participant Claim Form or a rollover, if elected. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated September 18February 20, 20202015. Capitalized terms used in this Settlement Notice but not defined in this Settlement Notice have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement is available at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. Any amendments to the Settlement Agreement or any other settlement documents will be posted on that website. You should visit that website if you would like more information about the Settlement and any subsequent possible amendments to the Settlement Agreement or other changes, including changes to the Plan of Allocation, the date, time, or location of the Fairness Hearing, or other Court orders concerning the Settlement. • Your rights and options — and the deadlines to exercise them — are explained in this Settlement Notice. • The Court still has to decide whether to give its final approval to the Settlement. Payments under the Settlement will be made only if the Court finally approves the Settlement and that final approval is upheld in the event of any appeal. • A hearing on the final approval of the Settlement and for approval of the Class Representatives’ petition for Attorneys’ Fees and Costs and for Class Representatives’ Compensation will take place on XXXXXX, 202 0000, at a.m./p.m1:30_p.m., before United States District Court Chief Judge P. Xxxxx Xxxxxxx X. Xxxxxx in Courtroom 11Dxx Xxxxxxxxx 0, United States Xxxxxx Xxxxxx Courthouse, 000 Xxxxx XxXxx Xxxxxxxx Xxx., Xxx XxxxXxxx Xx. Xxxxx, XX, XX 00000-0000. • Any objections to the Settlement, to the petition for Attorneys’ Fees and Costs or to Class Representatives’ Compensation, must be served in writing on Class Counsel and Defendant’s Defendants’ Counsel, as identified on page 5 of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement and all orders of the Court regarding the Settlement, may be obtained at xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. According to the Plans’ records, you are a Current Participant. If you believe that you had any balance invested in meet the TIAA-CREF Lifecycle funds between August 17, 2010 and April 17, 2012 and do not currently have an account in the Plans, you must complete definition of a Former Participant Claims Form. If you are unsure whether you have an account with the Plan or invested in the TIAA-CREF Lifecycle funds between August 17Participant, 2010 and April 17, 2012, please contact the Settlement Administrator. Former Current Participants include both participants currently employed at Lockheed Xxxxxx Corp. and participants who are individuals who no longer had employed by Lockheed Xxxxxx Corp. but continue to have an account balance in the Plan greater than $0 as of September 1, 2020Plans. YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT: IF OUR RECORDS INDICATE THAT YOU ARE A FORMER PARTICIPANT THAT INVESTED IN THE TIAA- CREF LIFECYCLE FUNDS BETWEEN AUGUST 17, 2010 AND APRIL 17, 2012, CURRENT PARTICIPANT. YOU MUST RETURN THE FORMER PARTICIPANT CLAIM FORM BY DO NOT NEED TO DO ANYTHING TO PARTICIPATE IN THE SETTLEMENTSETTLEMENT Our records indicate that you are a Current Participant. If You Are A If, however, you are a “Former Participant. You ” who participated in the Plans during the Class Period and on February 13, 2015 did not have an Active Account in either of the Plans, or are the beneficiary, alternate payee, or attorney-in-fact of such a person, then, unlike a Current Participant, you must return a Former Participant Claim Form that is postmarked by XXXXXX to receive a check for your share of the Net Settlement Amount. If you are a Former Participant, and you do not return the Former Participant Claim Form that is postmarked by XXXXXXX, you will forfeit your share of the Net Settlement Amount even though Amount. We have not included a claim form in your notice because Current Participants do not need to submit a claim form, and our records indicate that you will be bound by the Settlementare a Current Participant. However, including the release. A if you believe you are a Former Participant, a claim form may also be obtained by accessing xxx.Xxxxxxx000xXxxxXxxxxxxxxx.xxxxxx.xx000xxxxxxxxxxx.xxx. ANY CLASS MEMBER YOU CAN OBJECT(NO OBJECT (NO LATER THAN XXXXX, 20 2015) 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. The Court has authorized the Settling Parties parties to seek discovery, including the production of documents and appearance at a deposition, from any person who files an objection. YOU CAN ATTEND A HEARING ON XXXX If you submit a written objection to the Settlement to the Court and counsel before the deadline, you may attend the hearing about the Settlement and present your objections to the Court. You may attend the hearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing if you do not notify the Court and counsel by , 202_, of your intention to appear at the hearing.hearing by XXXXX, 0000. The Class Action

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Samples: Class Action Settlement Agreement

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