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

Frequently Asked Questions

 

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  • 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.

  • The Electrical Welfare Trust Fund ("EWTF"), the Plaintiff that filed this class action, seeks the following on behalf of itself and the Class:

    • Return of the full TRP contribution amounts paid by self-administered, self-insured employee health and welfare benefit plans under the TRP for benefit year 2014;
       
    • Payment to the lawyers who represent EWTF and who filed this lawsuit, as well as their expenses and fees associated with bringing and prosecuting this lawsuit (such payment would be drawn from any judgment, settlement, or other recovery obtained by EWTF and the Class) and
       
    • The award of any other relief that the Court deems just and proper.
  • In a class action lawsuit, one or more people or entities called “Class Representatives” (in this case, EWTF) sue on behalf of other people or entities who have similar claims. These people or entities together are a “Class” or “Class Members.” The people or entities who sued—and all the Class Members who join the lawsuit—are called “Plaintiffs.” The party or entity against whom the lawsuit is brought is called a “Defendant.” Here, the Government is the Defendant, because it is the party to whom members of the Class made TRP contributions under the ACA. The Court of Federal Claims has resolved all legal and factual issues for every Class Member who timely submitted a Class Action Opt-In Notice Form. Those individuals or entities who did not timely submit a Class Action Opt-In Notice Form are excluded from the Class in this case.

    More information about why the Court has allowed this lawsuit to be a class action is located in the Court’s Order certifying the Class, available under the Important Documents page of this website.

  • The Class includes the 357 self-administered, self-insured entities whose opt-in forms were accepted by the Court on May 12, 2023. No other entities are included in the Class.

  • If you opted-in as a Class Member and chose to join the Class, you will receive any monetary or other benefits obtained from the lawsuit. A judgment in this case will be binding on you, meaning you can not pursue your own separate lawsuit using your own attorney.

    Similarly, you may be bound by, and can share in, any settlement reached on behalf of the Class. In the event Class Counsel and the Government reach a settlement, you will receive notice of the settlement and you may object to the settlement and be heard by the Court on your objection.

    A Class Member need not appear in court in order to participate. If you become a Class Member, your interests will be represented by the Class Representative and Class Counsel. Ultimately, the Court will rule on whether you are entitled to compensation and, if so, the amount of compensation owed to you.

  • You will not have to pay any money out-of-pocket to participate in the Class Action. If the Class is successful in this litigation, however, Class Counsel will ask the Court’s permission to be compensated for litigating this case and representing the successful Class. Any sums received by Class Counsel in compensation will be deducted from any recovery, which will proportionately reduce the amount of any award each Class Member receives. If the case is unsuccessful, you will have no obligation for attorneys’ fees or costs.

    Class Counsel represents that it will request no more than 25% of any judgment or settlement obtained for the Class.

  • If you did not submit a Class Action Opt-In Notice Form electronically, postmarked, or hand-delivered on or before December 19, 2022, you cannot participate as a Class Member in this case. As a result, you will not receive any money or benefits from the Court for this lawsuit. However, you keep the right to hire your own lawyer to sue the Government separately about the same legal claims in this lawsuit and you will not be legally bound by any decision of the Court in this class action.

  • The Court has decided that attorneys at the law firms of Kessler Topaz Meltzer & Check, LLP and McChesney & Dale, P.C., are qualified to represent you and all Class Members. Together, these firms are called “Class Counsel.” Class Counsel has experience handling this type of lawsuit. More information about Class Counsel is available at www.ktmc.com and www.mcchesneydale.com.

  • On May 12, 2023, the Court entered judgment in favor of the 357 Exaction Class Plaintiffs who opted-into this litigation.

    On June 26, 2023, the Government filed a notice of appeal. The appeal is currently stayed until October 10, 2023, to allow the parties to engage in settlement discussions.

  • If the Class is successful and obtains money as a result of a judgment or a settlement, you will be notified about how to participate and receive your share. The parties at this time do not know how long this will take.

  • If you have additional questions, you may visit the Important Documents page of this website, or you may contact Class Counsel directly:

    Joseph H. Meltzer
    Melissa L. Yeates
    Jonathan F. Neumann
    KESSLER TOPAZ
    MELTZER & CHECK, LLP

    280 King of Prussia Road
    Radnor, PA 19087
    Tel: (610) 667-7706
    Fax: (610) 667-7056
    jmeltzer@ktmc.com
    myeates@ktmc.com
    jneumann@ktmc.com

    Please do not contact the United States Court of Federal Claims with questions or requests for information.

For More Information

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