Notice to the Class of the proposed Settlement was provided in two forms – Mailed Notice and Publication Notice – in order to inform all Class members of their rights under the terms of the Settlement.

The Mailed Notice explained the case history; the Settlement reached; the plan of allocation; the procedure for obtaining final approval; and procedures for objecting to or commenting on the proposed settlement and/or the requested attorneys’ fees and Class representative service award once they are submitted.  See Agreement Ex. 3A-F.

Each Mailed Notice was personal to the recipient and will contain a specific estimate of that individual Class member’s Settlement Benefit based on the assumption that the Court awards the requested attorneys’ fees, the maximum estimated expense reimbursement, the maximum estimated settlement administration cost, and the requested Class representative service award.  See, e.g., Agreement Ex. 3A at 1.  The Mailed Notice informed Class members that should the deductions that the Court ultimately awards be less than the maximums, their resulting net benefit would be proportionately higher than estimated.  Id. at 4, Q&A 4A.  In that context, the Mailed Notice reminded Class members of their right to object.  Id.

The Publication Notice was published in USA Today and also discussed the case history, the proposed Settlement, the procedure for obtaining final approval and procedures for objecting to or commenting on the settlement and/or the attorneys’ fee, expense award, and/or class representative service awards once they are submitted.  See Agreement Ex. 4.

*Note: [1] There were actually six (6) different notices (Agreement Ex. 3A-F) but they were largely identical; they contain slight differences depending upon whether the participant and/or the spouse is alive.  For example, a participant who is still alive received back payments, future payments, and have payments continue after the participant’s death to the spouse at the time of the original payment.  (This is the case for most participants.  These participants received version “A” of the Notice which is the Notice attached here.  The other notices can be reviewed by clinking on the Agreement and scrolling through its exhibits).  In contrast, that individual’s spouse at the time of the original payment (who could be a different spouse than the current spouse) would receive no back payment, and no current payments, but would receive payments upon death of the participant.  Because of these differences, different notices were provided based upon whether back payments are being received, and whether current payments are being received, and, in the case of deceased participants or spouses, the need for information regarding an estate or successors. See Successor Information Form