Common use of WHAT DOES THE SETTLEMENT PROVIDE Clause in Contracts

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. In addition to the monetary component of the Settlement, as discussed above, Defendant agreed that the Plan’s fiduciaries will conduct a RFP process for recordkeeping services to the Plan. 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. Defendant also will use an independent consultant familiar with fixed income investment options in such 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. 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. In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (1) the lowest-cost share class available for any mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (2) the availability of revenue sharing rebates on any share class available for any mutual fund considered for inclusion in the Plan; and (3) 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 All Class Members and anyone claiming through them will fully release the Plan as well as Defendant and its “Released Parties” from “Released Claims.” The Released Parties include (a) Defendant and its insurers,

Appears in 3 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

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WHAT DOES THE SETTLEMENT PROVIDE. Under the Settlement, McKinsey or its insurers will pay $39,500,000 into a Qualified Settlement Fund to resolve the claims of the Class. The Net Settlement Amount (after deduction of any Court- approved Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation) will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former ParticipantsCourt (as explained further at Question 5 below). Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accountsaccounts in the Plans. Authorized Former Participants who are entitled to a distribution will may receive their distribution as a check mailed to their last known address or, if available and they elect, as a rollover to a qualified retirement account. In addition to addition, the monetary component Settlement provides that prospectively as of the Settlement, as discussed above, Defendant agreed that the Plan’s fiduciaries will conduct a RFP process for recordkeeping services to the Plan. 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. Defendant also will use an independent consultant familiar with fixed income investment options in such 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. 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. In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will considerEffective Date: (1) for a period of no less than three years, Defendants shall retain an independent investment consultant to provide ongoing review of the lowest-cost share class available for any mutual fund considered for inclusion investment options in the Plan as well as other criteria applicable Plan, and review and approve any communications to different share classesparticipants regarding the Plans’ investment options; (2) for a period of no less than three years, all expense reimbursements by the availability of revenue sharing rebates on Plans to McKinsey, MIO, or any share class available for any mutual fund considered for inclusion in the Planother affiliated person or entity will be reviewed and approved by an independent fiduciary, who shall have final discretion to approve or reject reimbursements; and (3) before the availability expiration of collective truststhe current recordkeeping agreement for the Plans, to McKinsey will issue a request for proposal for recordkeeping services for the extent such investments are permissible and are otherwise identical to a particular mutual fund considered for inclusion in the Plan Plan. All Class Members and anyone claiming through them will fully release the Plan Plans as well as Defendant Defendants and its “the Released Parties” Parties from Released Claims. The governing release terms are found within the Settlement Agreement, which is available at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Generally, the release means that Class Members will not have the right to sue the Plans, Defendants, or related parties for conduct during the Class Period arising out of or relating to the allegations in the lawsuit. The entire Settlement Agreement is available at [xxx.xxxxxxxxxxxxxxxxx.xxx].” The Released Parties include (a) Defendant and its insurers,

Appears in 3 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. Under the Settlement, McKinsey or its insurers will pay $39,500,000 into a Qualified Settlement Fund to resolve the claims of the Class. The Net Settlement Amount (after deduction of any Court- approved Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative Compensation) will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former ParticipantsCourt (as explained further at Question 5 below). Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accountsaccounts in the Plans. Authorized Former Participants who are entitled to a distribution will may receive their distribution as a check mailed to their last known address or, if available and they elect, as a rollover to a qualified retirement account. In addition to addition, the monetary component Settlement provides that prospectively as of the Settlement, as discussed above, Defendant agreed that the Plan’s fiduciaries will conduct a RFP process for recordkeeping services to the Plan. 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. Defendant also will use an independent consultant familiar with fixed income investment options in such 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. 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. In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will considerEffective Date: (1) for a period of no less than three years, Defendants shall retain an independent investment consultant to provide ongoing review of the lowest-cost share class available for any mutual fund considered for inclusion investment options in the Plan as well as other criteria applicable Plans, and review and approve any communications to different share classesparticipants regarding the Plans’ investment options; (2) for a period of no less than three years, all expense reimbursements by the availability of revenue sharing rebates on Plans to McKinsey, MIO, or any share class available for any mutual fund considered for inclusion in the Planother affiliated person or entity will be reviewed and approved by an independent fiduciary, who shall have final discretion to approve or reject reimbursements; and (3) before the availability expiration of collective truststhe current recordkeeping agreement for the Plans, to McKinsey will issue a request for proposal for recordkeeping services for the extent such investments are permissible and are otherwise identical to a particular mutual fund considered for inclusion in the Plan Plans. All Class Members and anyone claiming through them will fully release the Plan Plans as well as Defendant Defendants and its “the Released Parties” Parties from Released Claims. The governing release terms are found within the Settlement Agreement, which is available at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Generally, the release means that Class Members will not have the right to sue the Plans, Defendants, or related parties for conduct during the Class Period arising out of or relating to the allegations in the lawsuit. The entire Settlement Agreement is available at [xxx.xxxxxxxxxxxxxxxxx.xxx].” The Released Parties include (a) Defendant and its insurers,

Appears in 3 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. Under the Settlement, NRECA or its insurers will pay $10,000,000 into a Qualified Settlement Fund to resolve the claims of the Class. The Net Settlement Amount (after deduction of any Court- approved Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation) will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former ParticipantsCourt (as explained further under Question 5 below). Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accountsaccounts in the Plans. Authorized Former Participants who are entitled to a distribution will may receive their distribution as a check mailed to their last known address or, if available and they elect, as a rollover to a qualified retirement account. In addition addition, the Settlement provides that prospectively, Defendants will commit to the monetary component of the Settlement, as discussed above, Defendant agreed certain processes and procedures designed to ensure that the Plan’s fiduciaries will conduct a RFP process for recordkeeping services to the Planfees are reasonable and comply with applicable law. Within the first year following final approval The complete terms regarding prospective relief are set forth in Article VII of the SettlementSettlement Agreement, Defendant has agreed to publish a communication to then current Plan participants explaining which is available on the risks and benefits of the Plan’s money market fund investment optionSettlement Website at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Defendant also will use an independent consultant familiar with fixed income investment options in such 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. 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. In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (1) the lowest-cost share class available for any mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (2) the availability of revenue sharing rebates on any share class available for any mutual fund considered for inclusion in the Plan; and (3) 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 All Class Members and anyone claiming through them will fully release the Plan as well as Defendant and its “Released Parties” Parties from Released Claims.” . The Released Parties include (a1) Defendant each Defendant; (2) each Defendant’s affiliates, members, shareholders, directors, officers, employees, attorneys, partners, insurers, predecessors, successors, and its insurers,any person or agent acting on their behalf; (3) the Plan and any and all administrators, fiduciaries, parties in interest, service providers, and trustees of the Plan. The governing releases are found within the Settlement Agreement at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Generally, the release means that Class Members will not have the right to xxx the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the lawsuit. The entire release language is set forth in the Settlement Agreement, which is available at [xxx.xxxxxxxxxxxxxxxxx.xxx].

Appears in 1 contract

Samples: Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. Under the Settlement, NRECA or its insurers will pay $10,000,000 into a Qualified Settlement Fund to resolve the claims of the Class. The Net Settlement Amount (after deduction of any Court- approved Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation) will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former ParticipantsCourt (as explained further under Question 5 below). Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accountsaccounts in the Plans. Authorized Former Participants who are entitled to a distribution will may receive their distribution as a check mailed to their last known address or, if available and they elect, as a rollover to a qualified retirement account. In addition addition, the Settlement provides that prospectively, Defendants will commit to the monetary component of the Settlement, as discussed above, Defendant agreed certain processes and procedures designed to ensure that the Plan’s fiduciaries will conduct a RFP process for recordkeeping services to the Planfees are reasonable and comply with applicable law. Within the first year following final approval The complete terms regarding prospective relief are set forth in Article VII of the SettlementSettlement Agreement, Defendant has agreed to publish a communication to then current Plan participants explaining which is available on the risks and benefits of the Plan’s money market fund investment optionSettlement Website at [xxx.xxxxxxxxxxxxxxxxx.xxx]. Defendant also will use an independent consultant familiar with fixed income investment options in such 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. 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. In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (1) the lowest-cost share class available for any mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (2) the availability of revenue sharing rebates on any share class available for any mutual fund considered for inclusion in the Plan; and (3) 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 All Class Members and anyone claiming through them will fully release the Plan as well as Defendant and its “Released Parties” Parties from Released Claims.” . The Released Parties include (a1) Defendant each Defendant; (2) each Defendant’s affiliates, members, shareholders, directors, officers, employees, attorneys, partners, insurers, predecessors, successors, and its insurers,any person or agent acting on their behalf; (3) the Plan and any and all administrators, fiduciaries, parties in interest, service providers, and trustees of the Plan. Generally, the release means that Class Members will not have the right to xxx the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the lawsuit. The entire release language is set forth in the Settlement Agreement, which is available at [xxx.xxxxxxxxxxxxxxxxx.xxx].

Appears in 1 contract

Samples: Class Action Settlement Agreement

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WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. In addition to the monetary component of the Settlement, as discussed above, Defendant Xxxxxxxxx agreed that the Plan’s 's fiduciaries will conduct a RFP process for recordkeeping services to the Plan. 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 's money market fund investment option. Defendant also will use an independent consultant familiar with fixed income investment options in such plans who will review the investment lineup and make recommendations to the Plan’s 's fiduciaries regarding whether to retain the money market fund and whether to add a stable value or comparable fund. In addition, during the three-year Settlement period, Defendant has agreed to provide Class Counsel a list of the Plan’s 's investment options and fees. In considering investment options for the Plan, Defendant has agreed that the Plan’s 's fiduciaries will consider: (1) the lowest-cost share class available for any mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (2) the availability of revenue sharing rebates on any share class available for any mutual fund considered for inclusion in the Plan; and (3) 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 All Class Members and anyone claiming through them will fully release the Plan as well as Defendant and its “Released Parties” from “Released Claims.” The Released Parties include (a) Defendant and its insurers,

Appears in 1 contract

Samples: Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Settlement Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants will be made into the existing Plan accounts of Settlement Class Members who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accountsAllocation. Former Participants Settlement Class Members who are entitled to a distribution but who, as of May 31, 2013 or the date of the Settlement distribution, no longer have any Plan account or have reduced their Plan account balance(s) to $0, or the beneficiaries or alternate payees of such persons, will receive their distribution as a check mailed to their last known address or, if they elect, or as a rollover to a qualified retirement account. In addition to the monetary component As part of the Settlementsettlement, as discussed above, Defendant Cigna has agreed that the Plan’s fiduciaries will conduct a RFP process to certain changes and additions to its processes for recordkeeping obtaining investment products and services to for the Plan. Within Specifically, during the first settlement’s two-year following final approval compliance period, Cigna will continue to comply with recently implemented Department of the Settlement, Defendant has agreed to publish a Labor Regulations that will increase and enhance communication to then current with Plan participants explaining the risks and benefits of the Plan’s money market fund investment option. Defendant also will use an independent consultant familiar with fixed income beneficiaries about 401(k) investment options in such 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 fundassociated fees. In addition, during the three-year Settlement that period, Defendant has agreed Cigna will continue its practice of not including retail-class mutual funds as core investment options in the Plan. Cigna will also undertake a competitive bidding process for Plan recordkeeping and administrative services and will retain an independent consultant to provide Class Counsel a list of review the alternatives available in the market for servicing the Plan’s investment options and feesFixed Income Fund. In considering investment options for the PlanAll Settlement Class Members, Defendant has agreed that the Plan’s fiduciaries will consider: (1) the lowest-cost share class available for any mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (2) the availability of revenue sharing rebates on any share class available for any mutual fund considered for inclusion in the Plan; and (3) 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 All Class Members and anyone claiming through them them, and the Plan itself will fully release the Plan as well as Defendant Defendants and its their “Released Parties” from “Released Claims.” The released parties include Defendants and any related entities, and all of their past and current parent companies, predecessors, affiliates, subsidiaries, officers, directors, employees, attorneys, and agents. The Released Parties Claims include all claims which were or could have been asserted in the Class Action, including all claims made in the Class Action or that relate to the allegations raised in the Class Action; all claims related to: (a1) Defendant the selection, oversight, or performance of the Plan’s investment options (excluding the Cigna Stock Fund) and its insurers,service providers;

Appears in 1 contract

Samples: Class Action Settlement Agreement

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