Quantum of Settlement Sample Clauses

Quantum of Settlement. Compensation for (i) MI, CABG, and stenting claims and (ii) compensation for CHF claims will be allocated from two distinct pools of funds. Approved Claimants will receive benefits in proportion to the cumulative points they are awarded under this Compensation Protocol. Base Points LEVEL CARDIAC EVENT POINTS 1 Myocardial Infarction (which requires a final diagnosis in medical records generated in the course of medical care that interpret clinical signs and/or diagnostic tests as establishing the occurrence of an MI at or about such time or, alternatively for purposes of this criterion, death from a cardiac event in the absence of any other cause of death) 100 points 2 Coronary Artery Bypass Graft (CABG), 75 points 3 Percutaneous Coronary Intervention with Stent Placement 50 points 4 Congestive Heart Failure (which requires a final diagnosis in medical records generated in the course of medical care that interprets clinical signs and/or diagnostic tests as establishing the initial onset or exacerbation of CHF at or about such time) 50 points Age Adjustment Age as of date of eligible cardiac event a) 0- 20 years = + 30 points b) 21-31 years = + 20points c) 31- 40 years = + 10 points d) 41- 50 years = + 5 points e) 51- 60 years = +/- 0 points f) 61- 70 years = - 10 points g) 71- 80 years = - 20 points h) 81+ years = - 30 points Risk Factor Adjustment Class Members who swear a Risk Factor Declaration and submit the required records. If medical records submitted clearly contradict the Declaration, entitlement to compensation may be forfeited at the discretion of the Claims Administrator. 50% increase to cumulative point value. The existence of any of the following risk factors makes an Approved Claimant ineligible for the Risk Factor Adjustment. A Pre-existing congestive heart failure Approved Claimants who received a diagnosis of congestive heart failure before their cardiac event. B Prior MI Approved Claimants who suffered an MI before their cardiac event. C Pre-existing Coronary Artery Disease (“CAD”) Approved Claimants who received a diagnosis of coronary artery disease (CAD) before their cardiac event. D Smoking Approved Claimants who smoked cigarettes or cigars within one (1) year of their cardiac event. E High Cholesterol Approved Claimants who received a diagnosis of high cholesterol or were on a statin on or before their cardiac event. F Hypertension Approved Claimants who received a diagnosis of hypertension or were on an anti-hypertensive medication ...
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Related to Quantum of Settlement

  • The Settlement The Settlement was reached on May 11, 2018. Class Counsel filed this action on May 10, 2018. Over two years prior to the filing of this action, Class Counsel and Defendant’s Counsel conducted an adversarial informal discovery process. Class Counsel reviewed and analyzed thousands of pages of documents provided by Defendant and also reviewed many other documents, including U.S. Department of Labor Forms 5500 and other publicly available documents. The Parties participated in mediation before a nationally recognized mediator who has extensive experience in resolving similar claims involving other 401(k) plans. Only after six months of extensive arm’s length negotiation following the mediation were the parties able to agree to the terms of the Settlement. As part of the Settlement, a Qualified Settlement Fund of $17,000,000 will be established to resolve the Class Action. The Net Settlement Amount is $17,000,000 minus any Administrative Expenses, taxes, tax expenses, Court-approved Attorneys’ Fees and Costs, Class Representatives’ Compensation, and other approved expenses of the litigation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. In addition to the monetary component of the Settlement, the Parties to the Settlement have agreed to certain additional terms: (1) During the first eighteen months (18) following the final approval of the Settlement, Defendant has agreed that the Plan’s fiduciaries will conduct a Request for Proposal (“RFP”) process for recordkeeping services to the Plan; (2) Within the first year following final approval of the Settlement, Defendant has agreed to publish a communication to then current Plan participants explaining the risks and benefits of the Plan’s money market fund investment option; (3) Defendant also will use an independent consultant familiar with fixed income investment options in defined contribution plans who will review the investment lineup and make recommendations to the Plan’s fiduciaries regarding whether to retain the money market fund and whether to add a stable value or comparable fund; (4) In addition, during the three- year Settlement period, Defendant has agreed to provide Class Counsel a list of the Plan’s investment options and fees; and (5) In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (a) the lowest-cost share class available for any particular mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (b) the availability of revenue sharing rebates on any share class available for any particular mutual fund considered for inclusion in the Plan; and (c) the availability of collective trusts, to the extent such investments are permissible and are otherwise identical to a particular mutual fund considered for inclusion in the Plan.

  • TERMS OF SETTLEMENT 26. The Respondent agrees to the following terms of settlement:

  • Notice of Settlement Each Program Participant and her counsel shall provide the Claims Administrator and Organon’s counsel a copy of a letter or other communication (i) notifying each Governmental Payor identified pursuant to Section 9.01(B)(1) that a claim related to the Program Participant’s alleged use of NuvaRing has settled; and (ii) requesting a written response indicating whether each Governmental Payor holds any interest, including Liens and subrogation interests, related in any way to such Program Participant’s alleged use of NuvaRing and the claimed amount of any such interest.

  • Basis of Settlement Unless otherwise provided, the Insurer is not liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused, and shall in no event exceed what it would then cost to repair or replace the same with material of like kind and quality.

  • EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • EFFECTIVE DATE OF SETTLEMENT 38. The Effective Date of this Settlement shall be the first business day on which all of the following shall have occurred or been waived:

  • Termination of Settlement If the Settlement is terminated as provided in the Stipulation, the Settlement is not approved, or the Effective Date of the Settlement otherwise fails to occur, this Order shall be vacated, rendered null and void, and be of no further force and effect, except as otherwise provided by the Stipulation, and this Order shall be without prejudice to the rights of Lead Plaintiff, the other Settlement Class Members, and Defendants, and the Parties shall revert to their respective positions in the Action immediately prior to the execution of the Stipulation.

  • Rollovers of Exxon Xxxxxx Settlement Payments If you receive a qualified settlement payment from Exxon Xxxxxx litigation, you may roll over the amount of the settlement, up to $100,000, reduced by the amount of any qualified Exxon Xxxxxx settlement income previously contributed to a Traditional or Xxxx XXX or eligible retirement plan in prior taxable years. You will have until your tax return due date (not including extensions) for the year in which the qualified settlement income is received to make the rollover contribution. To obtain more information on this type of rollover, you may wish to visit the IRS website at xxx.xxx.xxx.

  • Payment of Settlement Amount (1) Within thirty (30) days of the Date of Execution, the Settling Defendants shall pay the Settlement Amount to Siskinds LLP, for deposit into the Trust Account.

  • Effective Date of Settlements ‌ Settlements reached at any step of the grievance procedure in this article, other than Clause 8.11, shall be applied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, but not prior to the effective date of the agreement in effect at the time of the occurrence or the date set by a board of arbitration.

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