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.
No, you are not being sued.
A lawsuit was filed in the United States District Court for the Central District of Illinois (the “Court”) against North American Lighting, Inc. and related entities. The lawsuit alleges that Defendant violated the Employee Retirement Income Security Act (“ERISA”) by (1) failing to provide a reasonable alternative standard related to tobacco and/or a required notice related to tobacco surcharges; and (2) by misallocating Plan forfeitures associated with the 401(k) Plan. This is just a summary of the allegations in the lawsuit. A copy of Plaintiff’s Amended Complaint containing all of Plaintiff’s allegations is available on this website.
Defendant denies all allegations in the lawsuit and contends that its tobacco surcharge, smoking assistance program, and disclosures, were adequate and lawful and that it did not misallocate 401(k) Plan forfeitures.
A tobacco surcharge for a medical premium is permissible when it can be avoided by participating in a reasonable alternative standard and notice is given of that standard. Plaintiff claims that NAL did not provide a reasonable alternative standard and/or did not make adequate disclosures. With regard to its forfeiture claims, Plaintiffs maintains that Defendants breached their fiduciary duties of loyalty and prudence by not using 401(k) Plan forfeitures to reduce administrative expenses paid by participants.
Defendants have asserted, and would assert should the litigation continue, a number of defenses to Plaintiff’s claims, including related to applicable statutes of limitations, administrative remedies, the availability of reasonable alternate standards, and that the 401(k) Plan forfeitures were properly allocated.
The Settlement Class in this case includes all current and former North American Lighting, Inc. employees who were charged tobacco surcharges for health insurance premiums under the Health Plan or paid administrative expenses for their 401(k) Plan from April 10, 2018 to March 18, 2026.
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 Plaintiff and the other Settlement Class Members will receive a Settlement payment. Counsel for the Settlement Class (“Class Counsel”) have conducted a review of the evidence in the case and the potential risks and benefits of continued litigation and believe that the Settlement is in the best interest of the Settlement Class. The Court has not made any finding that Defendant has done anything wrong or violated any law or regulation.
As part of the Settlement, Defendant has agreed to make a one-time payment of $395,000 (the “Settlement Amount”). After deduction from the Settlement Amount for any amounts that the Court approves for settlement-related expenses (including “Class Representative Service Award” to Plaintiff, “Attorneys’ Fees and Costs” to Class Counsel, certain “Administrative Costs,” and “Taxes” and “Tax-Related Costs” (all as defined in the Settlement Agreement)), the remainder of the Settlement Amount (known as the “Distributable Settlement Amount”) will be distributed to Settlement Class Members.
Monies will be distributed in accordance with the Settlement Agreement, which can be found on this website. You may be eligible to receive a portion of the Distributable Settlement Amount if you are a Settlement Class Member.
You do not need to do anything to receive your share of the Settlement proceeds. Those entitled to a share of the Settlement proceeds will receive their Settlement proceeds by check payable directly to them.
Yes. In granting preliminary approval of the proposed Settlement, the Court appointed the Plaintiff’s lawyers to serve as Class Counsel for the Settlement Class. The lead attorneys for the Settlement Class are as follows:
Robert P. Kondras, Jr.
Hassler Kondras Miller LLP
100 Cherry St.
Terre Haute, IN 47807
Tel: 812-232-9691
Fax: 812-234-2881
Email: kondras@hkmlawfirm.com
Paul M. Secunda
Walcheske & Luzi, LLC
235 N. Executive Dr., Suite 240
Brookfield, WI 53005
Tel: 414-828-2372
Fax: 262-565-6469
Email: psecunda@walcheskeluzi.com
You will not be charged separately for the work of these lawyers; their compensation will come from the Settlement Amount and will be determined by the Court. If you want to be represented by a different lawyer in this case, you may hire one at your own expense.
The Settlement does not allow any 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 a settlement, because of the nature of the claims Plaintiff has asserted in this lawsuit, Settlement Class Members do not have any right to opt out.
Before the Final Approval Hearing, Settlement Class Members will have the opportunity to object to approval of the Settlement or the requested Attorneys, Fees and Expenses, and Class Representative’s Service Award. To object, you must send your objection to the Court, at the Office of the Clerk of the United States District Court for the Central District of Illinois, 201 South Vine Street, Suite 15, Urbana, IL 61802, and to the Parties at the following addresses:
To Class Counsel:
Robert P. Kondras, Jr.
Hassler Kondras Miller LLP
100 Cherry St.
Terre Haute, IN 47807
Tel: 812-232-9691
Fax: 812-234-2881
Email: kondras@hkmlawfirm.com
To Defendant’s Counsel:
Stacey C. Cerrone
Jackson Lewis PC
601 Poydras Street, Suite 1400
New Orleans, LA 70130
Tel: 504-208-1755
Email: Stacey.Cerrone@jacksonlewis.com
Objections must be filed with the Court Clerk on or before June 12, 2026. 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 they might have. 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; and (3) a statement of all comments or grounds for the objection. Objecting will not have any bearing on your right to receive the benefits of the Settlement if it is approved by the Court.
The Court has granted preliminary approval of the proposed Settlement, finding that it is sufficiently reasonable to warrant such preliminary approval, and has approved delivery of the Notice to Settlement Class Members. The Settlement will not take effect, however, until it receives final approval from the Court following an opportunity for Settlement Class Members to object to the Settlement.
Following the deadline for objecting to the Settlement, the Court will hold a Final Approval Hearing on July 27, 2026, to consider any objections. The Final Approval Hearing will take place at 10:45 A.M. at the District Court for the United States District Court for the Central District of Illinois, 201 South Vine Street, Urbana, IL 61802. The date and location of the Final Approval Hearing is subject to change by Order of the Court. If there is such a change, it will appear on the Court’s docket for this case and also be noted on this website.
Anyone can attend the Final Approval Hearing. Those persons or their attorneys intending to speak at the Final Approval Hearing must serve notice of their intention to appear on Class Counsel and Defendants’ counsel (at the addresses set out in the previous FAQ) and also file it with the Court Clerk by no later than June 12, 2026. The notice must include: (1) the name, address, and telephone number of the Settlement Class Member, and (2) if applicable, the name, address, and telephone number of that Settlement Class Member’s attorney. Anyone who does not timely file and serve a notice of intention to appear in accordance with this paragraph shall not be permitted to speak at the Final Approval Hearing, except by Order of the Court. Any comment or objection that is timely filed will be considered by the Court even in the absence of a personal appearance by the Settlement Class Member or that Settlement Class Member’s attorney.
You may email the Settlement Administrator at NALERISA@noticeadministrator.com, or call toll-free at 888-354-5356.