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Bank of America Securities Class Action: Do Pension Funds Qualify?

Yes. Pension funds qualify for the 2026 Bank of America securities case when they bought covered shares during the defined class period. Pension status alone does not create eligibility; the purchase dates and security type control. A securities class action is a lawsuit where many investors pursue similar claims together over alleged false statements that affected a stock price.

Labaton Keller Sucharow filed New England Teamsters Pension Fund v. Bank of America Corp., No. 26-cv-09137 in the Southern District of New York on Oct. 16, 2026, as reported by the Daily Reflector in the filing announcement. The named plaintiff itself is a pension fund.

Table of Contents

Who the current case covers

The proposed class covers all persons or entities that purchased or otherwise acquired Bank of America common stock from Aug. 1, 2025 through Oct. 13, 2026, inclusive, according to the complaint hosted by Hagens Berman in the filed complaint.

That language includes pension funds, retirement systems, mutual funds, companies, and individuals on the same terms. The complaint asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act and SEC Rule 10b-5 over allegedly false statements about Bank of America securities. Rule 10b-5 is the federal rule against fraud in connection with buying or selling securities. For readers, the practical point is narrow: only common-stock purchases or acquisitions in that window count.

What pension funds must check

A fund administrator should test records against three points, not against fund size or public status. A pension fund that bought before the window, sold before buying in the window, or held only non-covered securities does not fit this class.

Gifts, inheritances, or internal transfers may count only if they are acquisitions under the class definition applied by the court. Keep the full transaction history because losses, holding length, and timing can affect recovery calculations later.

  • Acquired Bank of America common stock, not another type of security
  • Transaction date from Aug. 1, 2025 through Oct. 13, 2026, inclusive
  • Fund holds trade confirmations, statements, or custodian records showing dates and amounts

Must a fund seek lead-plaintiff status?

No. Investors in the period, including pension funds, may move for lead-plaintiff appointment by Dec. 15, 2026, and otherwise can remain absent class members if a class is certified, according to Glancy Prongay and Wolke via Stockhouse in the shareholder update.

A lead plaintiff is the investor the court selects to represent the class and direct the litigation. Remaining an absent member generally means no filing is required now and no direct control over strategy. Seeking appointment can make sense for a fund with large losses and staff able to monitor counsel, review filings, and attend to court duties. Small holders often stay passive and watch for certification, settlement, or claims-process notices.

Why pension funds have led before

Pension funds have served as lead plaintiffs in Bank of America litigation before. The Ohio Attorney General announced a historic $2.43 billion settlement for investors allegedly misled about Merrill Lynch losses and bonuses, in the Attorney General announcement. That earlier case named five pension funds as lead plaintiffs, including Ohio STRS, Ohio OPERS, Teacher Retirement System of Texas, and two European pension funds. That history does not automatically qualify every pension fund now.

Each case sets its own security, transaction, and date limits, so a fund must match the 2026 common-stock window above. Trustees should pull custodian records for Aug. 1, 2025 through Oct. 13, 2026 now and calendar Dec. 15, 2026 for the lead-plaintiff decision.


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