Electrical Welfare Trust Fund v. United States
ACA TRP Litigation- Exaction Class
U.S. Court of Federal Claims No. 19-353C

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Important Update for the Exaction Class regarding Settlement

After good-faith, arm’s-length negotiations, the parties have reached an agreement to resolve all claims brought by the Exaction Class. Pursuant to this agreement, Exaction Class members will receive 91.25% of their total 2014 TRP contributions (before fees and expenses), or approximately $169 million. On February 16, 2024, Plaintiff Electrical Welfare Trust Fund (EWTF) filed an unopposed motion for preliminary approval of the settlement with the Court. (The motion and settlement agreement can be found under the “Important Documents” tab of this website.) If the Court preliminarily approves the agreement, notice will be sent to Exaction Class members and the Court will hold a final fairness hearing. Class Counsel and EWTF are extremely proud to announce this settlement, which comes after years of zealous advocacy and hard-fought litigation.

What is this lawsuit about?

Plaintiffs allege that the Department of Health and Human Services (“HHS”) improperly required self-administered, self-insured employee health and welfare benefit plans to make Transitional Reinsurance Program ("TRP") contributions for benefit year 2014 under 42 U.S.C. § 18061 of the ACA. The statutory language of 42 U.S.C. § 18061 requires only “health insurance issuers, and third-party administrators on behalf of group health plans” to make TRP contributions. Given this language, Plaintiffs have asserted that self-administered, self-insured entities were improperly required to make TRP contributions. This lawsuit seeks the return of TRP contributions paid by self-administered, self-insured employee health and welfare benefit plans for benefit year 2014. In denying Defendant’s motion to dismiss or for summary judgment, the Court agreed with Plaintiffs that self-administered, self-insured entities should not have been required to make TRP contributions for benefit year 2014.  Elec. Welfare Tr. Fund v. United States, 155 Fed. Cl. 169, 183 (2021). On May 12, 2023, the Court entered judgment in favor of the 357 Exaction Class Plaintiffs who opted-into this litigation.

More detailed information about this lawsuit is contained in the Important Documents page on this website.

How do I obtain more information?

Detailed information about the lawsuit is available for download on the Important Documents page on this website. Additional information can also be obtained by contacting the Administrator by calling toll-free 1-877-654-1971 or emailing info@TRPLitigation.com or mailing a letter to:

TRP Litigation
c/o JND Legal Administration
PO Box 91381
Seattle, WA 98111

For More Information

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Mail
TRP Litigation
c/o JND Legal Administration
PO Box 91381
Seattle, WA 98111