This proposed ERISA settlement concerns claims about the administration of certain Northeast Grocery, Tops Markets, and Price Chopper 401(k) Plans. It would create a $225,000 fund, after deductions for approved costs and fees, for eligible Plan participants and certain beneficiaries or alternate payees.
Benefit Summary
Eligible class members: available benefits include Pro rata share of Net Settlement Amount.
Payments come from the $225,000.00 settlement fund and may change after approved deductions.
Available Awards
Pro rata share of Net Settlement Amount
Who Is Included
People who participated in the Northeast Grocery, Tops Markets, or Price Chopper 401(k) Plans from January 1, 2018 through August 5, 2026, including certain beneficiaries of deceased participants and alternate payees under a QDRO.
- Proof required: You do not need to provide records of your Plan account activity or monetary losses. The Settlement Administrator will determine any payment using the Plans’ account records.
Claim and Payment Information
- Instructions: No claim form is required. Payments to eligible members will be sent by check using the Plan records and the Court-approved allocation process.
Questions & Answers
Who is included in the Settlement Class?
- The class covers people who participated at any time from January 1, 2018 through August 5, 2026 in the Northeast Grocery 401(k) Plan, Tops Markets, LLC 401(k) Retirement Savings Plan, Price Chopper Associate 401(k) Plan, or Tops Markets, LLC 401(k) Savings Plan for Union Associates.
- It also includes beneficiaries of participants who died and alternate payees under a QDRO. A QDRO is a court order that gives someone else a right to part of a participant’s retirement benefits.
Do I need to submit a claim or prove my account activity to receive a payment?
- No claim form is required, and you do not need to provide account-activity records.
- The Settlement Administrator will use the Plans’ records to calculate payments. People who receive a payment will receive a check.
- Former participants should contact the Settlement Administrator if their current address is not on file with their Plan.
How will my payment amount be calculated?
- The $225,000 fund is not the amount available for direct payments. Taxes, approved legal fees and expenses, service awards, and settlement-administration costs come out first.
- The remaining Net Settlement Amount will be divided based on each class member’s Plan account balances during the class period compared with the combined balances of all class members.
- The notice does not state a specific dollar amount that any individual will receive.
Is there a minimum payment amount?
- A person whose initial calculated amount is below $25 will not receive a payment.
- Those smaller amounts will be redistributed proportionally among participating class members. After redistribution, each payment that is made will be at least $25.
When could payments be sent, and are there tax responsibilities?
- Payments can be made only after the Court gives final approval, an independent fiduciary approves the settlement for the two plans identified in the notice, funds are transferred, and individual amounts are calculated.
- Objections or appeals may delay payment, possibly for years. No payment will be made if the settlement agreement is terminated.
- The notice says recipients are responsible for any federal, state, or local taxes tied to their payment.
Can I opt out of the settlement?
- No. This is a non-opt-out settlement, so class members cannot leave it.
- If approved, class members will release the claims covered by the settlement. The notice says this includes claims concerning the selection and monitoring of Plan fees or investment options, and related matters, during the class period.
- You may still object to the settlement.
How can I object or speak at the Fairness Hearing?
- A class member may object in writing. The objection must identify the case, give the person’s name, address, telephone number, signature, and a full explanation of the reasons for objecting.
- The Court must receive the objection by November 17, 2026. A copy must also go to Class Counsel and Defense Counsel at the addresses in the notice.
- The Fairness Hearing is scheduled for 1:00 PM on December 1, 2026, in Utica, New York. To speak at the hearing, a person must file a timely objection and a Notice of Intention To Appear.
Other Important Dates
- Objection deadline: 2026-11-17
- Final approval hearing: 1:00 PM on December 1, 2026
- Hearing location: United States District Court for the Northern District of New York, Alexander Pirnie Federal Building & U.S. Courthouse, 10 Broad St., Utica, NY 13501
Case Details
- Total settlement fund: $225,000.00
- Case name: Collins, et al. v. Northeast Grocery, Inc., et al.
- Case number: 5:24-cv-00080
- Court: United States District Court for the Northern District of New York
- Official Settlement Website: https://NortheastGrocery401kSettlement.com
Sources
Official Settlement Website
Claim form, FAQ, deadlines, administrator information
Visit Site →Claim form, FAQ, deadlines, administrator information
Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits
Open PDF →Court-approved notice describing eligibility and benefits