As of October 29, 2015, the Settlement is final and unappealableTop
The Claims Administrator will apply the federal and state withholding as required to be reported in wage distributions.Top
If the Court approves the Settlement Agreement, it will enter a Plan of Allocation and Distribution Order that will govern the distribution of the Common Fund Settlement Proceeds. A copy of the proposed Plan of Allocation and Distribution Order is available by clicking the Case Documents tab above or by contacting Class Counsel.
The parties agreed to a compromise by providing a payment for Class Members, which payments relate to the following categories:
(a) Benefits from a pension plan in which they allege they were or should have been participants.
(b) Reimbursement of documented medical expenses paid by Class Members.
(c) General restitutionary payment for health expenses related to the release of the contractual claims recited in this Settlement Agreement and not addressed by the payments in paragraphs (a) and (b), above.
As further explained in the proposed Plan of Allocation and Distribution Order, if the Court approves the Settlement Agreement:
1. Class Counsel will be paid $4,200,000 for Class Counsel’s Fees and Expenses out of the Common Fund Settlement Proceeds as attorneys’ fees and to reimburse Class Counsel for all expert and consulting fees and litigation expenses paid by Class Counsel to prosecute the Litigation.
2. Administration Fees and Expenses for the administration of the Wichita Retirement Class Settlement Fund will be paid or reimbursed out of the Common Fund Settlement Proceeds.
3. Eighty percent of the Net Common Fund will be allocated proportionately among Class Members as compensation for their claims for pension benefits based on the ratio of each Class Member’s individual alleged pension loss versus the sum of the alleged pension losses for all Class Members.
The Claims Administrator will calculate each individual Class Member’s alleged pension loss based on the number of months each Class Member claims to have been eligible for, but did not receive, pension benefits from Boeing because they were employed by Spirit, and years of service. The Claims Administrator sent all eligible Class Members an Information Addendum which provided an estimate of the amount they may be entitled to receive for their alleged pension loss. If you agree with the information set forth in the Information Addendum, you do not need to take any action in order to receive your share of the settlement. If you disagree with any information listed on Information Addendum, you must return the Pension Information Dispute Form with additional information no later than July 15, 2015.
4. Twenty percent of the Net Common Fund Amount will be allocated to reimburse Class Members for certain out-of-pocket medical expenses incurred after the Class Member turned 55 and separated employment from Spirit AeroSystems, Inc., but on or before December 31, 2014. You must complete a Healthcare Claim Form and return it to the Claims Administrator to qualify for this type of payment. The funds remaining will be distributed to all Class members on an equal basis as a general restitutionary payment.Top
We anticipate the "pension" distribution checks will be mailed out to Class Members by the end of July, 2016. The "residual" checks are tentatively scheduled to be sent in the New Year.Top
You may submit inquiries via email to email@example.com. You may also call the Claims Administrator at (877) 290-8514 to confirm your membership to the Class.
Please address all written correspondence to regarding potential claims for payments from the settlement fund to: Wichita Retirement Class Settlement Fund, care of Gilardi and Co. LLC, P.O. Box 8040, San Rafael, California 94912-8040.
Please do not contact the Court with questions. The court personnel will not be able to answer your questions.
You can obtain a copy of the Notice of Proposed Class Action Settlement, Settlement Agreement and Plan of Allocation as well as other relevant case documents which fully detail the Settlement by clicking the Case Documents tab above.Top
IAM-, SPEEA-, and IBEW- represented Boeing workers in Wichita who were participants in The Boeing Company Employee Retirement Plan as of June 16, 2005, who had at least ten years of vesting service on that date, who were at least 49 years old but not yet 55 on that date, who went to work at Spirit on or around June 17, 2005 and who lived to at least age 55.Top
If you are a Class Member as defined in the Settlement Agreement, you do not need to take any action to join the case.
By taking no action, you will participate in the Settlement Agreement and your interests will be represented by the Harkness Class Representatives and Class Counsel. If you meet the eligibility criteria of a Class Member, you will be bound by and benefit from the Settlement Agreement, if finally approved by the Court.
If applicable to you, you must submit a Healthcare Claim Form to the Claims Administrator in order to get a payment reimbursing you for out of pocket medical costs you have paid, as set forth in the Plan of Allocation and Distribution Order.Top
You have the right to object to the proposed Settlement Agreement and any of its terms. To object to the Settlement Agreement, you must file a written statement with the Clerk of the United States District Court for the District of Kansas on or before August 4, 2015. The written statement must contain:
(a) A heading referring to Case Nos. 05-CV-1251 and 07-CV-1043 in the United States District Court for the District of Kansas
(b) A statement that the objector will appear at the Settlement Fairness Hearing in person, or, if unable to attend, a statement explaining why the objector is not able to attend and a request for the Court to excuse the objector’s appearance, for good cause;
(c) A detailed statement of the specific legal and factual basis for each and every objection, including a list of any legal authorities and submission of any evidence the objector wants the Court to consider;
(d) The objector’s current address and current telephone number;
(e) The objector’s signature acknowledged by a Notary Public; and
(f) A detailed statement establishing the objector’s status as a Class Member, including the objector’s date of birth, years of vesting service in The Boeing Company Employee Retirement Plan (“Boeing Pension Plan”), date of termination of employment from The Boeing Company, and date of hire with Spirit.
Any Class Member who fails to timely file such written statement with the required information will not be permitted to present any objections at the Settlement Fairness Hearing, unless the Court determines that, in the interests of justice, it should waive the written-objection requirement for such a Class Member who appears at the Settlement Fairness Hearing.
You also have the right to retain your own attorney to represent you at the Settlement Fairness Hearing. If you retain separate counsel, you will be responsible for his or her fees and expenses out of your own pocket. If you retain separate counsel, he or she must enter a notice of appearance at least three (3) days before the Settlement Fairness Hearing.
Your options are more fully detailed in the Notice of Proposed Class Action Settlement which can be accessed by clicking the Case Documents tab above.Top
After claims are processed and calculated, checks will be sent First Class mail to the address the Claims Administrator has on record. It is important that you update the Administrator with your new address if you move.Top