This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Class Action Notice.
The lawsuit alleges that Defendants violated ERISA—the federal law that governs most retirement plans in the United States. The people who are pursuing the lawsuit (“Plaintiffs”) claim that the Plan paid higher recordkeeping fees than necessary. Plaintiffs also alleged that Mass General Brigham Incorporated and its Board of Directors failed to monitor the Plan’s fiduciaries that had responsibility over the Plan’s recordkeeping fees.
Defendants deny the allegations in the lawsuit and contend that their conduct was entirely proper and the recordkeeping fees were reasonable at all times. Defendants have asserted, and would assert if the lawsuit continues, a number of defenses including as it pertains to liability, class certification, and damages.
Plaintiffs and Defendants have agreed to a settlement that involves payments to participants and/or beneficiaries during the relevant time-frame described below. These and other terms of the Settlement are described in the Settlement Agreement dated April 17, 2025, and described briefly below.
As part of the Settlement, Defendants have agreed to make a one-time payment of $8,250,000.00 (the “Settlement Amount”). After deduction of any amounts the Court approves to pay settlement-related expenses (including Attorneys’ Fees and Expenses to Class Counsel, fees for hiring an Independent Fiduciary, Administration Costs, and Taxes and Tax-Related Costs), and any amounts to the Class Representatives as case contribution awards, the remaining amount (known as the “Net Settlement Amount”) will be paid to Settlement Class Members. Settlement Class Members are people (except Defendants and their immediate family members) who were participants in or beneficiaries of the Plan from January 13, 2016, through May 5, 2025. The Parties have agreed that no distribution will be made to Settlement Class Members who are no longer participants in the Plan and would otherwise be entitled to a payment of $9.99 or less. Settlement Class Members who are current participants in the Plan are not subject to this restriction. The Plan of Allocation is posted on the Settlement Website.
Settlement Class Members who have money in their Plan account at the time of the distribution will receive any distribution through a deposit into their Plan account. To the extent feasible, that money will be invested in accordance with each Settlement Class Member’s instructions for investment of new contributions at the time the distribution is made, or, if no such instructions are in effect, to the applicable qualified default investment option. Settlement Class Members who do not have money in their Plan account as of the date of distribution (“Former Participants”) will receive a check from the Settlement Administrator.
In granting preliminary approval of the proposed Settlement, the Court appointed the Plaintiffs’ lawyers to serve as “Class Counsel” for the Settlement Class. The contact information for the attorneys for the Settlement Class are as follows:
Mark K. Gyandoh
Capozzi Adler P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
markg@capozziadler.com
You will not be charged separately for the work of these lawyers; their compensation will come from the Settlement Amount and will be determined by the Court. If you want to be represented by a different lawyer in this case, you may hire one at your own expense.
The Settlement does not allow Settlement Class Members to exclude themselves from the settlement or decide not to be a part of the Settlement. While some class action settlements allow class members to “opt out” of the settlement, because of the nature of the claims Plaintiffs have asserted in this lawsuit, Settlement Class Members do not have a right to opt out. If you dislike some portion of the Settlement, your only recourse is to object to the Settlement.
Settlement Class Members can object to the Settlement and give reasons why they believe that the Court should not approve it. To object, you must send your objection to United States District Court for the District of Massachusetts, John Joseph Moakley United States Courthouse, US Courthouse, 1 Courthouse Way, Boston, MA 02210.
Objections must be filed with the Court Clerk on or before August 18, 2025. Objections filed after that date will not be considered. Any Settlement Class Member who fails to submit a timely objection will be deemed to have waived any objection, and any untimely objection will be barred absent an order from the Court. Objections must include: (1) the case name and number; (2) your full name, current address, telephone number, and signature; (3) a statement that you are a Settlement Class Member and an explanation of why you claim to be a Settlement Class Member; (4) all grounds for the objection, accompanied by any legal support known to you or your counsel; (5) a statement as to whether you or your counsel intends to personally appear at the Fairness Hearing; and (6) a list of anyone you or your counsel may call to testify at the Fairness Hearing.
The Court will hold a Fairness Hearing on September 25, 2025, at 11:00 a.m. to consider any objections. The Fairness Hearing will take place at the United States District Court for the District of Massachusetts which is located at the John Joseph Moakley United States Courthouse, US Courthouse, 1 Courthouse Way, Boston, MA 02210. The date and location of the Fairness Hearing is subject to change by order of the Court, which will appear on the Court’s docket for this case and on the settlement website.