Tentative Settlement of Lawsuit
November 05 2009 - 7:14PM
PR Newswire (US)
PEORIA, Ill., Nov. 5 /PRNewswire-FirstCall/ -- Caterpillar Inc.
(NYSE: CAT) and the law firm of Schlichter, Bogard & Denton
today announced they have reached a tentative settlement of Martin,
et al. v. Caterpillar Inc., et al., Case No 07-1009. The case
involves a dispute over the administration of four 401(k) plans for
Caterpillar employees and retirees and is currently pending before
Judge Joe Billy McDade of the U.S. District Court for the Central
District of Illinois. Under the tentative settlement, which must be
approved by an independent fiduciary and Judge McDade, Caterpillar
will pay $16.5 million. The net proceeds of the settlement, after
court-approved attorney's fees and expenses of settlement
administration have been deducted, will be allocated to participant
accounts and former participants based generally upon the number of
years a participant maintained an account balance in one or more of
the plans. Caterpillar maintains it has complied with the Employee
Retirement Income Security Act of 1974 (ERISA), which governs such
plans. Both parties have determined that it is in the best interest
of the company, its employees and its shareholders to resolve the
matter in this way. The parties have litigated the case extensively
since September 11, 2006, when the plaintiffs filed their initial
complaint. The Martin plaintiffs allege, among other things, that
the fiduciaries responsible for overseeing the plans breached their
duties under ERISA by allowing the plans to pay excessive
investment management and other fees, by maintaining excessive cash
in the company stock investment fund and by offering the Preferred
Group of Mutual Funds as plan investment options between 1992 and
2006, which were advised by a wholly-owned Caterpillar subsidiary -
Caterpillar Investment Management Ltd. (CIML). In 2006, before the
Martin case was filed, Caterpillar Inc. made a strategic business
decision to exit the investment management business. As a result,
in May 2006, the Preferred Funds were replaced with other
investment options, including separate accounts. The parties have
filed a motion for preliminary approval of the settlement with
Judge McDade. If that motion is granted, members of the class will
be formally notified of the settlement and their rights with
respect to it. In addition, the parties have agreed that an
independent fiduciary must review and approve the settlement on
behalf of the affected plans. During a two-year settlement period,
the company will increase and enhance communication with employees
about 401(k) investment options and associated fees, and Evercore
Trust Company will independently monitor the Plans. Also, during
the two-year period, Caterpillar will continue to limit its cash
holdings in the company stock fund investment option, and will not
include retail mutual funds as core investment options in the
Plans, and if service contracts come up for renewal, Caterpillar
will undertake Requests for Proposal. Caterpillar also will
undertake a Request for Proposal to select or retain the Plans'
recordkeeper. Distributions to members of the class and other
settlement obligations would begin after the Court grants final
approval of the settlement, and all appeal rights have been
exhausted. DATASOURCE: Caterpillar Inc. CONTACT: Jim Dugan,
Corporate Public Affairs of Caterpillar Inc., +1-309-494-4100, ; or
Jerome J. Schlichter of Schlichter Bogard Denton, +1-314-621-6115,
or mobile, +1-314-497-5480, Web Site: http://www.cat.com/
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