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$42.7M ERISA Forfeiture Settlement Gets Final Approval: Who Qualifies?

Judge Jamal N. Whitehead gave final approval on Oct. 21, 2026, to the $42.7 million settlement in Halter v. Providence Health & Services, No. 2:25-cv-00210 (W.D. Wash.).

You qualify if you were a participant or beneficiary in one of two 401(k) plans from Jan. 1, 2018 through June 4, 2026. ERISA is the federal law that governs workplace retirement plans. This case concerns forfeitures, which are nonvested employer matching contributions left behind when workers leave before they fully vest. NAPA reported the court found the deal fair, reasonable, and adequate after an Oct. 20 fairness hearing, in NAPA's October 2026 report.

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Who qualifies for payment?

The class covers participants and beneficiaries in the Providence Health & Services 401(k) Savings Plan and the Swedish Health Services 401(k) Plan. PSCA reports the class period is Jan.

1, 2018 through June 4, 2026, in PSCA's October 2026 report. Check these points to see if you fit:.

  • You held an account, or were a beneficiary, in either named plan during that period.
  • You include alternate payees under a qualified domestic relations order, such as a former spouse awarded plan benefits.
  • Your time in the plan overlaps any part of Jan. 1, 2018 through June 4, 2026.

What did the lawsuit claim?

Former participant Victoria Halter sued Providence and its Total Rewards committee under ERISA. She alleged they used forfeited nonvested matching contributions to reduce employer contributions instead of paying plan expenses.

Fierce Healthcare reported that allegation when it covered the filing, in Fierce Healthcare's February 2026 report. The claim focused on how the plans applied money already forfeited by departing workers. Providence settled without changing that core description of the dispute.

How large is the settlement?

The total reported value is about $42,724,532 for roughly 202,000 class members. That includes more than $21 million already held in the plan's Forfeiture Account and Special Unallocated Account as of Dec.

31, 2025, to be allocated to members' accounts. Providence also agreed to about $6 million in cash for fees and settlement costs plus an estimated $15.3 million for recordkeeping and plan expenses for 2026-2028. Those future expense payments enlarge the reported total benefit beyond cash paid directly to members.

How and when will you get paid?

You do not need to file an individual claim to receive a share. Settlement administrator Analytics Consulting will distribute the net cash fund and unallocated plan assets under the court-approved plan of allocation, with shares deposited to plan accounts, as described in Becker's October 2026 report.

Payments occur only if final approval survives any appeal. The court-authorized notice states no payment date is guaranteed until appeals resolve. Monitor the official settlement website and watch your plan statements for the deposit.


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