Smith & Nephew U.S. Savings Plan ERISA Settlement: Who Gets Paid

The Settlement Class is defined by Plan participation or beneficiary status during the stated period. The notice’s earlier reference to people who may have participated “through the present” is only an explanation of why someone may have received the mailing; the formal class definition uses May 13, 2026.

• You were a participant in the Smith & Nephew U.S. Savings Plan at any point from August 30, 2018, through May 13, 2026.
• You were a beneficiary of that Plan during that same period.

This is a Plan-related settlement. The amount available for class payments will be the Net Settlement Amount, not necessarily the full $350,000.

• The settlement fund is $350,000 before deductions.
• Court-approved attorneys’ fees and costs, plus settlement-administration expenses, will be taken from that fund before payments are allocated.
• The Independent Fiduciary’s settlement-evaluation expenses are paid separately by Defendants, not from the $350,000 fund.

The notice does not promise a particular dollar amount. Payments are pro rata, meaning each eligible person’s portion depends on the approved allocation method, the Net Settlement Amount, and the account-balance information for the whole class.

• The Settlement Administrator will calculate each class member’s average account balance using annual-ending Plan account balances during the Class Period.
• Each person’s share will be based on that average balance compared with the total of all class members’ average balances.
• A calculated payment of less than $10 will be treated as zero.

If the settlement receives final approval, qualifying class members are paid automatically under the allocation plan. No claim deadline is stated because the notice does not require a claim.

• You do not need to submit a claim form to receive a payment.
• You must be entitled to a payment under the Court-approved Plan of Allocation.
• The notice does not state that you must provide loss documents or other supporting records; the administrator will use Plan account-balance records to calculate payments.

The notice does not provide a specific payment date. It says an appeal could take a year or more.

• The court must grant final approval.
• Any appeals must be resolved before allocation.
• If the settlement is terminated, no settlement payments will be made and the litigation will resume.

A request for proposal is a process for seeking and comparing service proposals. This settlement term does not say that managed-account services will necessarily change or that a particular provider will be selected.

• Smith & Nephew will direct the Plan’s fiduciaries to conduct a request for proposal about the Plan’s managed account services by December 31, 2027.
• The Plan’s fiduciaries decide the manner and timing of that request within their sole discretion.

This case has been preliminarily certified as a mandatory class. That means a class member cannot leave the settlement to pursue separate claims covered by it.

• You cannot opt out, also called excluding yourself or leaving the settlement.
• If the settlement is approved, class members are bound by the court’s judgments or orders and by the release described in the settlement.
• The notice allowed objections by September 4, 2026; that deadline has passed.

The September 4, 2026 objection deadline has passed. The official website still lists that date as of September 9, 2026: https://smithandnephewerisa.com/. The instructions below describe the notice's requirements.

You may object to the settlement, attorneys’ fees, or another part of the settlement. A late objection will not be considered under the notice.

• Send a written objection to the Court Clerk, Plaintiffs’ counsel, and Defendants’ counsel at the addresses in Question 13.
• Include the case caption, your name, address, telephone number, signature, and reasons for your objection.
• Mail it to each address by September 4, 2026. The objection must be signed by the class member, even if the person has a lawyer.

The September 4 deadline for an objection and Notice of Intention to Appear has passed. The official website checked September 9, 2026 continues to list the September 18 hearing: https://smithandnephewerisa.com/.

At this hearing, the court will consider whether the settlement is fair, reasonable, and adequate, as well as the requests for attorneys’ fees and expenses.

• The hearing is scheduled for September 18, 2026, at 2:00 p.m.
• It is scheduled for Courtroom 4, 3rd Floor, at the John Joseph Moakley United States Federal Courthouse, 1 Courthouse Way, Suite 2300, Boston, MA 02210.
• You do not have to attend for the court to consider a timely written objection.
• To ask to speak, first submit an objection and mail a Notice of Intention to Appear to the Court Clerk, Class Counsel, and Defendants’ counsel by September 4, 2026.

Contact the Settlement Administrator at 877-518-9379 or [email protected]. Use the official settlement website for documents and updates.