Plaintiffs filed a class action complaint against Baystate on behalf of the Plan and a class of Plan participants, alleging certain claims for breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (“ERISA”). A complete description of Plaintiffs’ allegations is in the Complaint.

Baystate has denied and continues to deny any and all of Plaintiffs’ claims and allegations in their entirety, denies that it is liable to the Plaintiffs or the Settlement Class members, and denies that the Plaintiffs, Settlement Class members, or the Plan have suffered any harm or damage for which Baystate or any Defendant could or should be held responsible. Baystate and the other Defendants assert that at all times their conduct was lawful. Baystate contends that the Plan has been managed, operated, and administered at all relevant times in compliance with ERISA and applicable regulations.

Under the Settlement, Baystate will pay $500,000 into a Qualified Settlement Fund to resolve the claims of the Settlement Class. The Net Settlement Fund (after deduction of any Court-approved Attorneys’ Fees and Expenses, Settlement Administration Expenses, Independent Fiduciary’s fees, Case Contribution Awards, and taxes) will be allocated to Settlement Class members according to a Plan of Allocation to be approved by the Court. 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 will receive their distribution in the form of a check.

All Settlement Class members will fully release the Defendant Releasees from Plaintiffs’ Released Claims. Generally, the release means that Settlement Class members will not have the right to sue the Defendant Releasees for conduct during the Class Period arising out of or relating to the allegations in the lawsuit.

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.

The Net Settlement Fund will also depend on the amount of any Attorneys’ Fees and Expenses, Settlement Administration Expenses, Independent Fiduciary’s fees, and Case Contribution Awards that are awarded by the Court, as these will be paid out of the Qualified Settlement Fund of $500,000. Class Counsel will file a motion for an award of Attorneys’ Fees and Expenses, Settlement Administration Expenses, and Case Contribution Awards at least 21 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 one-third of the Settlement Fund ($166,666.67), plus reasonable litigation expenses advanced and carried by Class Counsel for the duration of the Action, not to exceed $50,000. In addition, Class Counsel will seek compensation for the Named Plaintiffs in the form of Case Contribution Awards in an amount not to exceed $5,000 for each Named Plaintiff. The Court will determine the amount of Attorneys’ Fees and Expenses, Settlement Administration Expenses, and Case Contribution Awards that will be awarded, if any. All papers filed in this action, including Class Counsel’s motion for Attorneys’ Fees and Expenses, Settlement Administration Expenses, and Case Contribution Awards, will be available for review via the Public Access to Court Electronic Records System (PACER), available online at http://www.pacer.gov.

Settlement Class members do not have to submit claim forms to receive a Settlement recovery. Their Settlement recoveries will be distributed automatically in the following manner if the Court approves the Settlement:

“Current Participants” are current Plan participants who have a positive balance in their Plan account as of the date the Court issues its final approval of the Settlement. The Settlement recovery for Current Participants will be invested in accordance with the Current Participant’s current investment elections as proportionately as reasonably practicable. If a Current Participant has no investment election in effect, then his or her Settlement recovery will be invested in the Plan’s“Qualified Default Investment Alternative,” which is the Current Participant’s age-appropriate Vanguard Target Retirement Fund. For payments to Current Participants into their Plan accounts, no taxes will be withheld.

“Former Participants” are individuals who had an active Plan account on or after November 17, 2016, but do not have a Plan account with a positive balance as of the date the Court issues its final approval of the Settlement. Former Participants will receive payment under the Settlement in the form of a check with taxes withheld (if applicable) and do not need to submit any paperwork to receive a payment under the Settlement.

If the Court approves the Settlement, you will be bound by it and will receive whatever benefits you are entitled to under its terms. You cannot exclude yourself from the Settlement, but you may notify the Court of your objection to the Settlement.

If you are a Settlement Class Member, you can object to the fairness, reasonableness or adequacy of the Settlement, any term of the Settlement, the requested attorneys’ fees and expenses, or the requested Incentive Award to the Named Plaintiff. If you object, you must give the reasons why you think the Court should not approve the Settlement, the requested attorneys’ fees and costs, or the payments to the Settlement Class Members.

The addresses for filing objections with the Court and service on counsel are listed below. Your written objection must be filed with the Court, and mailed or faxed to the counsel listed below by no later than October 25, 2023:

File with the Clerk of the Court:

Clerk of the Court
300 State Street
Suite 120
Springfield, MA 01105

And, by the same date, serve copies of all such papers by mail or email to each of the following:

CLASS COUNSEL:

Paul M. Secunda
WALCHESKE & LUZI, LLC
235 N. Executive Dr., Suite 240
Brookfield, WI 53005
Telephone: (414) 828-2372
psecunda@walcheskeluzi.com

DEFENDANTS’ COUNSEL:

Russell L. Hirschhorn
PROSKAUER ROSE LLP
Eleven Times Square
New York, New York 10036
Telephone: (212) 969-3286
rhirschhhorn@proskauer.com

The objection must be in writing and include the case name, Chechile et al v. Baystate Health, Inc. et al., No. 22-cv-30155-KAR (D. Mass.), and (a) your name; (b) your address; (c) a statement that you are a Settlement Class member; (d) the specific grounds for the objection (including all arguments, citations, and evidence supporting the objection); (e) all documents or writings that you desire the Court to consider (including all copies of any documents relied upon in the objection); (f) your signature; and (g) a notice of intention to appear at the Fairness Hearing (if applicable). (If you are represented by counsel, you or your counsel must file your objection through the Court’s CM/ECF system.) The Court will consider all properly filed comments from Settlement Class members. If you wish to appear and be heard at the Fairness Hearing in addition to submitting a written objection to the settlement, you or your attorney must say so in your written objection or file and serve a notice of intent to appear at the Fairness Hearing by October 25, 2023.

Class Counsel will file with the Court their request for attorneys’ fees by October 4, 2023.

A Fairness Hearing has been set for November 14, 2023, at 2:00 p.m. E.S.T. The hearing will be conducted in person before the Honorable Katherine A. Robertson at 300 State Street, Springfield, Massachusetts 01105, in the Hampshire Courtroom.

At the hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. 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 and the Case Contribution Awards. You do not need to attend this hearing.

You also do not need to attend to have an objection considered by the Court.

Full details of the Settlement are set forth in the Settlement Agreement. You can also get more information by writing to the Settlement Administrator at Baystate ERISA Settlement Administrator, P.O. Box 2004, Chanhassen, MN 55317-2004 or calling toll-free 1-844-658-4394.

The Agreement and all other pleadings and papers filed in the case are available for inspection and copying during regular business hours at the Office of the Clerk of the United States District Court for the District of Massachusetts, 300 State Street, Suite 120, Springfield, Massachusetts 01105.

If you would like additional information, you can also call 1-844-658-4394.

Please do not call the Court concerning this matter.