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 Notice of Class Action Settlement.
A lawsuit was filed in the United States District Court for the Northern District of Texas. The lawsuit alleges that United Surgical violated ERISA—the federal law that governs most retirement plans in the United States. The people who are pursuing the lawsuit (“Plaintiffs”) claim that the United Surgical Plan paid higher recordkeeping and administrative fees than necessary. Plaintiffs also alleged that United Surgical failed to monitor the Committee that was responsible for monitoring the Plan’s fees.
United Surgical denies the allegations in the lawsuit and contends that its conduct was entirely proper. United Surgical has asserted, and would assert if the lawsuit continues, a number of defenses.
The Parties have agreed to the Settlement after extensive negotiations. By agreeing to the Settlement, the Parties avoid the costs and risks of further litigation, and Plaintiffs and other members of the Settlement Class will receive compensation. Class Counsel have reviewed the evidence in the case and the risks and benefits of continued litigation, and they believe the Settlement is in the best interest of the class. The Court has not decided that United Surgical has done anything wrong.
If you were a participant or beneficiary in the United Surgical Partners International, Inc. 401(k) Plan at any time between April 30, 2015 and December 31, 2018, you may benefit from this class action settlement.
As part of the Settlement, Defendants have agreed to make a one-time payment of $1,475,000 into a qualified settlement fund (the “Settlement Amount”). After deduction of any amounts the Court approves to pay settlement-related expenses (including Attorneys’ Fees and Expenses to Class Counsel, fees for hiring an Independent Fiduciary, Administration Costs, and Taxes and Tax-Related Costs), and any amounts to the Class Representatives as case contribution awards, the remaining amount (known as the “Net Settlement Amount”) will be paid to Settlement Class Members. Settlement Class Members are people (except Defendants and their immediate family members) who were participants in or beneficiaries of the Plan from April 30, 2015 through December 31, 2018. The Parties have agreed that no distribution will be made to Settlement Class Members who would otherwise be entitled to a payment of $5 or less.
You do not need to file a claim.
The Settlement does not allow 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 the settlement, because of the nature of the claims Plaintiffs have asserted in this lawsuit, Settlement Class Members do not have a right to opt out. If you dislike some portion of the Settlement, your only recourse is to object to the Settlement.
Settlement Class Members can object to the Settlement and give reasons why they believe that the Court should not approve it. To object, you must send your objection to United States District Court for the Northern District of Texas, 1100 Commerce Street, Room 1452, Dallas, TX 75242.
Objections must be filed with the Court Clerk on or before September 30, 2025. Objections filed after that date will not be considered. Any Settlement Class Member who fails to submit a timely objection will be deemed to have waived any objection, and any untimely objection will be barred absent an order from the Court. Objections must include: (1) the case name and number; (2) your full name, current address, telephone number, and signature; (3) a statement that you are a Settlement Class Member and an explanation of why you claim to be a Settlement Class Member; (4) all grounds for the objection, accompanied by any legal support known to you or your counsel; (5) a statement as to whether you or your counsel intends to personally appear at the Final Approval Hearing; and (6) a list of anyone you or your counsel may call to testify at the Final Approval Hearing.
The Court has granted preliminary approval of the proposed Settlement, finding that it is sufficiently reasonable to warrant preliminary approval, and has approved delivery of this notice to Settlement Class Members. But the Settlement will not take effect unless it receives final approval from the Court following an opportunity for Settlement Class Members to object. The Court will hold a Final Approval Hearing on October 30, 2025 at 1:00 p.m. to consider any objections. The Final Approval Hearing will take place in the courtroom of Judge Brantly Starr of the United States District Court for the Northern District of Texas, 1100 Commerce Street, Room 1525, Dallas, TX 75242. The date and location of the Final Approval Hearing is subject to change by order of the Court, which will appear on the Court’s docket for this case and on the Settlement Website.