The Court has certified two classes in this case: the Lump Sum Class and the Restricted Participant Class.
The Lump Sum Class consists of:
All persons for whom the Plan maintained a notional account at any time after December 31, 1993 and who received a lump sum distribution from the Plan between January 1, 1994 and August 17, 2006, and the lawful beneficiaries, estates, and alternate payees of such persons.
The following individuals, however, are not part of the Lump Sum Class: (1) persons not identified during the discovery process in this Litigation and therefore unknown to the Parties (other than successors to persons identified in discovery); (2) individuals who have no colorable claim to an additional benefit under any of Plaintiffs’ theories of the case; and (3) individuals who timely opted out of the Lump Sum Class.
The Restricted Participant Class consists of:
All persons for whom the Plan maintained a notional account at any time after December 31, 1993, who terminated employment at any time after December 31, 1993 and before August 17, 2006, and who were ineligible or were told they were ineligible for a lump sum distribution under Plan Section 6.10B at any time, regardless of whether such participant did or did not inquire about the possibility of receiving a benefit, and the lawful beneficiaries, estates, and alternate payees of such persons.
The following individuals, however, are not part of the Restricted Participant Class: (1) persons not identified during the discovery process in this Litigation and therefore unknown to the Parties (other than successors to persons identified in discovery); and (2) individuals who have no colorable claim to an additional benefit under any of Plaintiffs’ theories of the case.