Common use of How Much Will My Distribution Be? Clause in Contracts

How Much Will My Distribution Be?. Because you are a Current Participant, the amount, if any, that will be allocated to you will be based upon records maintained by your employer’s 401(k) plan’s record keeper. 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. To be eligible for a distribution from the Net Settlement Amount, you must either be: (1) a member of the Class or one of the Subclasses, as defined in Section II above; or (2) a beneficiary, alternate payee, or attorney-in-fact of persons identified in (1) or (2). Former Participants are required to submit a complete and satisfactory Claim Form by the deadline. Because you are a Current Participant, you do not need to do anything to receive your share of the Settlement. Under the proposed Plan of Allocation, the Net Settlement Amount will be divided among all Class Members based upon the underperformance, if any, of each Class Member’s JPMorgan stable value investment compared to the ▇▇▇▇▇▇/Barclays Intermediate Aggregate Index. At the Fairness Hearing, the Court will be asked to approve this calculation process as part of the Plan of Allocation. To make this allocation, the Settlement Administrator will determine the total dollar amount by which each Class Member’s individual investment in the JPMorgan stable value funds underperformed the Benchmark during the relevant time period (the “Individual Underperformance Amount”). The specific method for calculating these amounts is detailed in the Settlement Agreement’s Plan of Allocation. The sum of all Individual Underperformance Amounts is defined to be the “Total Underperformance Amount.” Once the Underperformance Amounts have been calculated, each Class Member’s payment will be calculated by multiplying the Net Settlement Amount by the ratio of that Class Member’s Individual Underperformance Amount to the Total Underperformance Amount. This will allow each individual Class Member to receive an allocation from the Net Settlement Amount proportional to the underperformance of his or her stable value investment compared with the underperformance of other Class Members’ investments (all other things being equal). Plan of Allocation examples are available on the website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Class Counsel and the Settlement Administrator must review information from your 401(k) plan account to determine whether your investments in JPMorgan stable value funds underperformed as compared to the Benchmark. Any information Class Counsel obtains will be treated confidentially under the Protective Order entered by the Court in this Action and will be used solely for purposes of determining if you are a Class Member entitled to payment under the terms of the Settlement.