The lawsuit alleges that Defendant violated the Employee Retirement Income Security Act (“ERISA”) by failing to provide a reasonable alternative standard related to tobacco and/or a required notice related to nicotine surcharges. Plaintiffs also make a claim of breach of fiduciary duty.

Defendant denies all allegations in the lawsuit and contends that its tobacco surcharge, smoking assistance program, and disclosures were adequate and lawful.

All current and former Lippert employees who were charged tobacco surcharges for health insurance premiums from January 4, 2018 to December 31, 2023 (the “Class Period”).

Plaintiffs and Defendant have agreed to a settlement that involves monetary payments to Settlement Class Members. These and other terms of the Settlement are set forth in the Class Action Settlement Agreement and Release of Claims (“Settlement Agreement”) described below.

As part of the Settlement, Defendant has agreed to make a one-time payment of $310,000 (the “Settlement Amount”). After deduction from the Settlement Amount for any amounts that the Court approves for settlement-related expenses (including “Class Representative Service Award” to Plaintiffs. “Attorneys’ Fees and Costs” to Class Counsel, certain “Administrative Costs,” and “Taxes” and “Tax-Related Costs” (all as defined in the Settlement Agreement)), the remainder of the Settlement Amount (known as the “Distributable Settlement Amount”) will be distributed to Settlement Class Members. Monies will be distributed in accordance with the the Settlement Agreement, which can be found on the Settlement Website at www.LippertERISA.com and also can be obtained by contacting the Settlement Administrator at Lippert ERISA Settlement, P.O. Box 2003, Chanhassen, MN 55317-2003. You may be eligible to receive a portion of the Distributable Settlement Amount if you are a Settlement Class Member.

You do not need to do anything, if the Court approves the Settlement, you will get a share of the Settlement benefits to which you are entitled.

The Settlement does not allow any 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 a settlement, because of the nature of the claims Plaintiffs have asserted in this lawsuit. Settlement Class Members do not have any right to opt out.

If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. Your objection must also include: (1) the case name and number; (2) your full name. current address, telephone number and signature; and (3) a statement of all comments or grounds for the objection. Objecting will not have any bearing on your right to receive the benefits of the Settlement if it is approved by the Court.

You must file your objection with the court U.S. District Court, Northern District of Indiana, 204 S. Main St., South Bend, IN 46601 and parties. Must be filed or postmarked on or before March 3, 2025. See your Notice for complete instructions.