The Court caused this Settlement Notice to be sent to you because our records indicate that you may be a Class Member. If you fall within the definition of the Class, you have a right to know about the Settlement and about the options available to you before the Court decides whether to give its final approval to the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, the Net Settlement Amount will be allocated among Class Members according to a Court-approved Plan of Allocation.

In the Class Action, the Class Representatives claims that Defendants breached their fiduciary duties to the Plan and Plan participants by failing to properly manage and administer the Plan, including by monitoring and controlling the expenses paid by the Plan. The Class Representatives further claim that Plan participants suffered losses as a result of these alleged breaches of fiduciary duty.

Defendants deny all allegations of wrongdoing and deny all liability for the allegations and claims made in the Lawsuit. Defendants contend that the Plan has been managed, operated and administered at all relevant times in compliance with applicable law and that they have always acted prudently and in the best interests of participants and beneficiaries.

Under the Settlement, Defendants will pay a total of $875,000 (eight hundred and seventy-five thousand dollars) 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 (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 accounts in the Plans. Former Participants who are entitled to a distribution of $10 (ten dollars) or more will receive their payment as a check. If the Settlement Administrator determines that a Former Participant (other than the Class Representatives) is not entitled to a distribution of at least $10 (ten dollars), that Former Participant shall receive no payment. Any funds that are not distributed because of this minimum threshold will be reallocated to other Class Members under the Plan of Allocation.

All Class Members, and their Beneficiaries/Alternate Payees, will fully release the Released Parties from Released Claims. The Released Parties include, but are not limited to,

(1) Defendants; (2) Defendants’ parent companies, subsidiaries, and affiliates; (3) persons who served on the Committee; (4) shareholders, directors, officers, employees, attorneys, partners, predecessors, successors, and any person or agent acting on their behalf; (5) the Plan, and any and all administrators, fiduciaries, parties in interest, service providers, and trustees of the Plan; and (6) their insurers and reinsurers. Generally, the release means that Class Members will not have the right to sue the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the lawsuit or the Plan. The entire release language is set forth in the Settlement Agreement, which is available at www.RampeyLitigation.com.

The amount, if any, that will be allocated to you will be based upon records maintained by the Plan’s recordkeeper. Calculations regarding the individual distributions will be performed by the Settlement Administrator, whose determinations will be final and binding, pursuant to the Court approved Plan of Allocation.

To receive a distribution from the Net Settlement Amount, you must either be a (1) “Current Participant,” (2) a “Former Participant,” or (3) a Beneficiary or Alternate Payee of a person identified in (1) or (2).

The Net Settlement Amount will be divided pro rata among Class Members based on each eligible Class Member’s quarterly Balance invested in the Plan beginning with June 30, 2013 and ending with June 30, 2022. For purposes of making this determination, the Balance shall be calculated based on the quarter-ending account balance for each Former Participant and Current Participant for each quarter during the Class Period.

If you are an Alternate Payee pursuant to a Qualified Domestic Relations Order, your portion of the Settlement will be distributed pursuant to the terms of that order.

The Net Settlement Amount will also depend on the amount of any Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation that are awarded by the Court, as these will be paid out of the Gross Settlement Amount of $875,000 (eight hundred and seventy-five thousand dollars). Class Counsel will file a motion for an award of Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation at least 30 days prior to the objection deadline. This motion will be considered at the Fairness Hearing. Class Counsel will limit their application for Attorneys’ Fees to not more than thirty-three percent (33%) of the Gross Settlement Amount. Class Counsel also will seek to recover all actual and anticipated litigation costs and administrative expenses associated with the Settlement, up to $50,000 (fifty thousand dollars). In addition, Class Counsel will seek compensation for the Class Representatives of no more than $5,000 (five thousand dollars). The Court will determine the amount of Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation that will be awarded, if any. All papers filed in this action, including Class Counsel’s motion for Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation, will be available for review via the Public Access to Court Electronic Records System (PACER), available online at http://www.pacer.gov.

Payments will be distributed automatically to your 401(k) account if you are a Current Participant, and by check if you are a Former Participant entitled to $10 (ten dollars) or more. You do not need to take any action to receive an automatic distribution or check payment.

The timing of the distribution of the Net Settlement Amount depends on several matters, including the Court’s final approval of the Settlement and any approval becoming final and no longer subject to any appeals in any court. An appeal of the final approval order may take several years. If the Settlement is approved by the Court, and there are no appeals, the Settlement distribution likely will occur within three months of the Court’s Final Approval Order.

There will be no payments under the Settlement if the Settlement Agreement is terminated.

No. The Class has been certified for settlement purposes under Federal Rule of Civil Procedure 23(b)(1). Therefore, as a Class Member, you are bound by the Settlement (if it receives final Court approval) and any judgments or orders that are entered in the Class Action. If you wish to object to any part of the Settlement, you may write to counsel about why you object to the Settlement, as discussed below.

The Court has appointed the following law firms as Class Counsel in the Class Action:






If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file a motion for an award of Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative’s Compensation at least 30 days prior to the objection deadline. This motion will be made available at www.RampeyLitigation.com and be considered at the Fairness Hearing. Class Counsel will limit their application for Attorneys’ Fees to not more than one-third of the Gross Settlement Amount. Class Counsel also will seek to recover all actual and anticipated litigation costs and Administrative Expenses associated with the Settlement. In addition, Class Counsel will seek compensation for the Class Representative of no more than $5,000 (five thousand dollars). The Court will determine the amount of fees, costs, administrative expenses, and Class Representative’s compensation that will be awarded, if any. All papers filed in this action, including Class Counsel’s motion for Attorneys’ Fees and Costs, Administrative Expenses, and Class Representative’s Compensation, will be available via the Public Access to Court Electronic Records System (PACER), available online at http://www.pacer.gov.

If you are a Class Member, you can object to the Settlement by mailing a written objection and any supporting documents to Class Counsel and to Defendants’ Counsel at the addresses below. Class Counsel will respond to your objection in their motion for final approval of the Settlement. You must also mail a copy of all objection documents to the Clerk of Court, at the following address: 155 Saint Joseph Street, Mobile, Alabama, 36602.

Your written objection must be mailed no later than October 10, 2022 to be considered.

The Court will hold a Fairness Hearing at 9:30 a.m. on November 9, 2022 at the United States Courthouse, 155 Saint Joseph Street, Mobile, Alabama, 36602, in Courtroom 4A. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court also will consider the motion for Attorneys’ Fees and Costs, Administrative Expenses, and Class Representatives’ Compensation. If there are objections, the Court will consider them then. The date and time of the Fairness Hearing are subject to change by Court Order, but any changes will be posted at www.RampeyLitigation.com.

No, but you are welcome to come at your own expense. You may also make an appearance through an attorney. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time, the Court will consider it.

Yes. Any person wishing to speak at the Fairness Hearing shall file and serve a notice of intent to appear within the time limitation set forth above for objecting. You must also comply with the requirements for making an objection (set forth above) if you wish to object.

If you do nothing at all, and all conditions of the Settlement are met, you will receive your share of the Settlement as deposit into your account if you are a Current Participant, or as a check if you are a Former Participant entitled to $10 (ten dollars) or more. You will be bound by the Settlement of the Class Action as described above in this Settlement Notice if the Settlement is finally approved, whether or not you not receive any money.

If you have questions regarding the Settlement, you can visit www.RampeyLitigation.com, call (877) 354-3788, or write to the Settlement Administrator at West ERISA Administrator c/o A.B. Data, Ltd., PO Box 173099, Milwaukee, WI 53217 papers filed in this lawsuit are also available via the Public Access to Court Electronic Records System (PACER), at http://www.pacer.gov, and may be reviewed in person, as allowed by the Court, during regular business hours at the Office of the Clerk of the United States District Court for the Southern District of Alabama, 155 Saint Joseph Street, Mobile, Alabama, 36602.