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.
Plaintiff filed a class action complaint against GWA and Weiss on behalf of a class of participants in the Plan alleging that Defendants breached their fiduciary duties and engaged in prohibited transactions under ERISA by including the Disputed Investments in the Plan and by failing to adequately monitor the fees and performance of those funds.
GWA and Weiss deny Plaintiff’s claims of wrongdoing or liability, and assert that they have always acted prudently and in the best interests of the Plan’s participants and beneficiaries when taking actions as fiduciaries of the Plan. GWA also believes that the Plan provided a very generous benefit. The Defendants are settling the lawsuit solely to avoid the expense, inconvenience, and inherent risk and disruption of litigation.
GWA has agreed to pay $7,900,000.00 to settle the lawsuit. That amount, less amounts for expenses associated with administering the Settlement, the Independent Fiduciary who will review the Settlement on behalf of the Plan, taxes, tax expenses, as well as attorneys’ fees, litigation expenses, and a service awards to Plaintiff (the latter three categories of which must be approved by the Court), is the “Net Settlement Amount” that will be paid to the Class. The Net Settlement Amount will be allocated to Class Members in accordance with a Plan of Allocation that is based on their Plan account balances during the Class Period.
In exchange for the monetary relief provided above, all Class Members will release and forever discharge GWA and the other Released Defendant Parties from Plaintiff’s Released Claims.
Class Members do not have to submit claim forms in order to receive settlement benefits.
If you are a Class Member and are currently a Plan participant, your payment will be deposited into your Plan account in accordance with the Plan’s investments, or directly by check (unless you elect to receive your payment through a rollover to a qualified retirement account).
If you are a beneficiary entitled to receive payment on behalf of a current Plan participant, you will receive your payment under the Settlement directly in the form of a check. If you are an alternate payee entitled to receive payment on behalf of a current Plan participant pursuant to a Qualified Domestic Relations Order (an “Alternate Payee”), you will receive your payment under the Settlement pursuant to the terms of your Qualified Domestic Relations Order.
If you are a Class Member who formerly participated in the Plan but no longer do so (or you are a beneficiary or an Alternate Payee of such a Class Member), then you will receive a payment under the Settlement directly in the form of a check, unless you elect to receive a rollover to a qualified retirement account.
If you would prefer to receive your settlement payment through a rollover to a qualified retirement account, you must complete, sign, and mail the Rollover Form, or complete and sign a Rollover Form online on this Settlement Website by August 16, 2025.
For purposes of the Settlement, the Court has appointed lawyers from the law firm of Cohen Milstein Sellers & Toll PLLC as Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense. In addition, the Court appointed the named Plaintiff, Beth Andrew-Berry, to serve as the Class Representative. The Class Representative is also a Class Member.
Subject to approval by the Court, up to $45,000 may be paid to the Plaintiff as the Class Representative in recognition of time and effort she expended on behalf of the Class. The Court will determine the proper amount of any award to the Plaintiff. The Court may award less than that amount.
If the Court approves the Settlement, you will be bound by it (including the release) and will receive whatever benefits you are entitled to under its terms. You cannot exclude yourself from the Settlement (i.e., opt-out), but you may notify the Court of any objection you may have to the Settlement. (See Question No. 16 of the Notice.) If the Court approves the Settlement, it will certify the Class under Federal Rule of Civil Procedure 23(b)(1), which does not permit Class Members to opt out of the Class.
You can object to the Settlement if you don’t like any part of it. If you object, you must give the reasons why you think the Court should not approve the Settlement. The Court will consider your views. Your objection to the Settlement must be postmarked no later than August 14, 2025 and sent to Class Counsel and Defense Counsel. Please see your notice for complete instructions.
A Fairness Hearing has been set for August 26, 2025. at 10:00 a.m., before The Honorable Omar A. Williams at the Abraham Ribicoff Federal Building, United States Courthouse, 450 Main Street, Hartford, Connecticut 06103. At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses, the proposed administrative expenses, and the proposed service award to Plaintiff as the Class Representative. You do not need to attend this hearing. You also do not need to attend to have an objection considered by the Court.