A letter from Class Counsel updating class members on the status of the settlement has been posted under Case Documents.
The first round of Medical Claims Reimbursement checks were sent out in May, 2016. There are some submitted claims that the Claims Administrator is still processing, meaning additional Medical Claims Reimbursement checks will be issued later.
The Frequently Asked Questions have been updated. Please visit the Frequently Asked Questions page or click here to read them.
As of October 29, 2015, the Settlement is final and unappealable. On November 13, 2015, the $90,000,000 Common Fund Settlement Proceeds were wire transferred to the Claims Administrator.
Court issues final order and judgment approving class settlement. A copy of the Final Order and Judgement Approving The Harkness Class Settlement is available under Case Documents.
Please note: a revised Exhibit C has been filed with the Court. Please go to the “Case Documents” page to access the revised Exhibit C and to read the “Notice of Clarifications to Exhibit “C” to Settlement Agreement” that explains it.
This website has been established to provide general information related to the Wichita Retirement Class Litigation and the resulting Settlement. The capitalized terms used on this website, and not defined herein, shall have the same meanings ascribed to them in the Settlement Agreement.
This action is pending before the Honorable Monti L. Belot in the United States District Court for the District of Kansas. The claims in the Litigation include, but are not limited to, claims for benefits under collective bargaining agreements and Boeing benefits plans, including for pension and retiree medical benefits.
Boeing repeatedly has asserted and continues to assert many defenses to the Settling Plaintiffs’ claims and contentions.
After a thorough analysis of all claims and defenses, and after extensive negotiations and expert analysis, the Settling Plaintiffs and Boeing have agreed to settle the Released Claims, subject only to final approval by the Court. The Court has preliminarily approved the Settlement Agreement for the purpose of giving Notice and setting a Settlement Fairness Hearing.
As part of the Settlement Agreement, Boeing will pay the Common Fund Settlement Proceeds of $90,000,000 to the Settling Plaintiffs as a full, complete, and final settlement of all Released Claims as to all Released Parties, as those terms are more specifically defined in the Settlement Agreement. Boeing will not be liable to the Settling Plaintiffs for any other costs, expenses, or fees.
Class Members are defined as International Association of Machinists and Aerospace Workers, (“IAM”), Society of Professional Engineering Employees in Aerospace (“SPEEA”), and International Brotherhood of Electrical Workers, Local 271 (“IBEW”) -represented Boeing workers in Wichita who were participants in The Boeing Company Employee Retirement Plan, herein referred to as the Boeing Pension 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 or its predecessor, Mid-Western Aircraft Systems, on or around June 17, 2005, and who lived to at least age 55. The Class is mandatory and you cannot opt-out.
The Court will conduct a hearing to determine whether to finally approve the Settlement. The Settlement Fairness Hearing will be held on August 19, 2015 beginning at 10:00 a.m., in the United States District Court for the District of Kansas at 401 N. Market, Wichita, Kansas 67202.
At that hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. If there are objections to the Settlement, any attorneys’ request for fees and expenses, or the proposed Plan of Allocation, the Court will consider them. After the Settlement Fairness Hearing, the Court will decide whether to approve the Settlement and any requests for attorneys’ fees and expenses.
Although the information on this website is intended to assist you, it does not replace the information contained in the Notice or the Settlement Agreement, all of which can be found on the Case Documents tab and downloaded from this website. We recommend that you read the Notice and other relevant case documents carefully.
|File Objection to the Settlement:||August 4, 2015|
|Court Hearing on Fairness of Settlement:||August 19, 2015|