This proposed settlement concerns allegations that Sun Country did not make required 401(k) contributions for pilots’ qualifying military leave. Eligible Class Members identified in Sun Country’s records will receive an allocation-based payment without filing a claim. The Court has preliminarily approved the settlement, and final approval remains pending.
Benefit Summary
Participant Class Members: available benefits include Estimated allocation-based payment, 401(k) methodology disclosure.
Beneficiary Class Members: available benefits include Allocated payment for eligible beneficiaries, 401(k) methodology disclosure.
Pilots returning from 2026 military leave: available benefits include Individual contribution explanation.
Payments come from the $1,550,000.00 settlement fund and may change after approved deductions.
Available Awards
Participant Class Members: Estimated allocation-based payment; Beneficiary Class Members: Allocated payment for eligible beneficiaries; Pilots returning from 2026 military leave: See benefit details
Who Is Included
The class includes certain current and former Sun Country pilots who participated in the 401(k) Plan, completed qualified military service from July 21, 2011 through December 31, 2025, returned to Sun Country, and did not receive a contribution calculated at the rate they reasonably would have earned or, if that rate was not reasonably certain, their average compensation during the preceding 12 months or shorter employment period. It also includes their beneficiaries, subject to the exclusions in the notice.
- Proof required: No loss documentation or claim form is required for an identified Class Member to receive payment. To challenge the accuracy of Sun Country’s data or demonstrate Class membership with a valid claim, a person must mail a detailed statement and documentation showing that their information is more reliable or accurate than Sun Country’s data.
Claim and Payment Information
- Instructions: Identified Class Members do not need to submit a claim form. A person who wants to challenge the data used for a payment calculation or show Class membership must mail a detailed statement and supporting documentation to the Settlement Administrator by the stated data-challenge deadline.
Questions & Answers
Who is included in the settlement class?
- The class includes current and former Sun Country pilots who participated in the Plan, completed qualified military service after becoming a Sun Country employee between July 21, 2011 and December 31, 2025, returned to Sun Country employment, and did not receive the required contribution for that leave.
- The required contribution is measured using the rate the pilot would have received absent military service when that rate was reasonably certain. If it was not reasonably certain, the notice uses the pilot’s average compensation rate during the prior 12 months, or the shorter prior employment period.
- The class also includes beneficiaries of these pilots. People with a prior settlement or final non-appealable dismissal of a covered claim, as well as the listed fiduciary-related people and their families or successors, are excluded.
Do identified Class Members need to file a claim?
- If Sun Country’s records identified you as a Class Member, you do not need to submit a claim form to receive a payment.
- If you received the notice without asking for it, the notice says you were identified as a Class Member.
- Keep your contact information current, especially if payment cannot be made through a Plan account and must be sent another way.
How will my settlement payment be calculated?
- The Court-approved allocation will be based on the contributions that the plaintiffs’ expert calculated should have been made, plus calculated lost earnings, less contributions Sun Country already made, if any.
- No individual estimate is available from the Settlement Administrator at this time. The final amount can change because of data corrections or challenges, the number of Class Members, and Court-approved fees, expenses, and service awards.
- The $1.55 million Settlement Fund is also the source for Court-awarded attorneys’ fees and litigation-expense reimbursements. Sun Country will pay administration and distribution costs separately.
How will a payment be sent, and could taxes apply?
- For a Class Member with a current Plan account balance, payment is expected to be made through the Plan when feasible, which is intended to preserve favorable tax treatment.
- If some or all of that payment cannot go through the Plan, it may be sent by check or, if banking information is on file, electronic funds transfer. Those payments may have tax withholding and reporting.
- A former participant without a current Plan account balance will be paid by check or, where banking information is available, electronic funds transfer, and may also face tax withholding and reporting.
When can a beneficiary receive a payment?
- A beneficiary is part of the class and is bound by the settlement’s release even if the beneficiary does not receive money.
- A beneficiary receives a payment only when entitled to an immediate payment under the Plan or ERISA. Examples in the notice include an alternate payee under a Qualified Domestic Relations Order (QDRO) or the beneficiary of a deceased pilot.
- When more than one beneficiary is immediately entitled to payment from one Plan account, the allocated amount is divided under the Plan terms or, if the Plan does not say, according to their respective interests in the account.
What if the data used for my payment is wrong or I was not identified?
- You may ask the Settlement Administrator for the data to be used for your share, including military-leave dates, pay rate, average compensation rate, and the contribution-calculation basis.
- To challenge Sun Country’s data or show that you are a Class Member with a valid claim, mail a detailed statement and documents showing that your information is more reliable or accurate than Sun Country’s data.
- The challenge must be postmarked by November 6, 2026.
Can I opt out, and what rights would I give up if the settlement is approved?
- The settlement is a mandatory, non-opt-out class action. You cannot leave the class or avoid the settlement’s benefits and release by opting out.
- If final approval is granted, Class Members release claims against Sun Country and certain related parties concerning 401(k) contributions for qualifying military leave during the class period, including related calculation, timing, amount, funding, and Plan-administration claims under ERISA or USERRA.
- You may object to the settlement, fees and expenses, service awards, or allocation plan. A written objection must be received, or if mailed, postmarked, by October 30, 2026. The settlement still needs final Court approval.
What new information about military-leave 401(k) contributions will pilots receive?
- Sun Country agreed to give Class Members a written explanation of its method for calculating 401(k) contributions after qualified military service beginning after October 1, 2025. The explanation is attached to the notice and is to remain on Sun Country’s intranet through the stated period.
- Pilots returning from qualified military service between January 1, 2026 and January 1, 2027 may also receive an individualized explanation of their contribution calculation when the contribution must be made before January 1, 2027.
- For leaves ending January 1 through August 10, 2026, the individualized explanation is due by September 10, 2026. For later leaves, it is due within seven days after the contribution is made.
Other Important Dates
- Objection deadline: 2026-10-30
- Final approval hearing: November 17, 2026, at 1:00 p.m. Central Time
- Hearing location: Via Zoom, in the courtroom of the Honorable Kate M. Menendez
Case Details
- Total settlement fund: $1,550,000.00
- Case name: Smith, et al., v. Sun Country, Inc., et al.
- Case number: 24-cv-619-KMM-EMB (D. Minn.)
- Court: United States District Court for the District of Minnesota
- Administrator: Sun Country USERRA Settlement Administrator
- Official Settlement Website: https://www.SunCountryUSERRA.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