LEISA MCWHORTER et al. v. SCI SHARED RESOURCES, LLC et al.

No.  If you received a Notice it's because you are a member of a class action and your rights may be affected.  You may also be entitled to certain benefits.  Please read the notice for more information.

The Class Action alleges that the Defendants were a fiduciary to the Plan and violated fiduciary duties of prudence under ERISA that it owed to the Plan’s participants and beneficiaries. Plaintiffs alleged that Defendant breached certain fiduciary duties by causing the Plan to incur higher administrative fees and expenses than reasonable and necessary. Plaintiffs also alleged that Defendants breached certain fiduciary duties by causing the Plan to offer imprudent investments.  
Defendants deny each and every allegation of wrongdoing made in the operative Complaints and contends that they have no liability in the Class Action. Defendants specifically deny the allegations that they breached any fiduciary duty or any other provisions of ERISA in connection with the Plan or its participants.  Defendants emphatically believe that, at all times, they acted prudently and complied with their fiduciary responsibilities under ERISA.

The Court has certified that this is a Class Action and the Settlement shall proceed on behalf of everyone who fits within the following description:

• All persons who were participants in or beneficiaries of the SCI 40l(k) Plan at any time between July 7, 2016, and April 30, 2026.

A person was a participant in or beneficiary of the Plan if they had an account balance in the Plan during the Class Period.

The Settlement provides that Defendant will pay $2,000,000 (two million dollars) (the “Gross Settlement Amount”) into an account at a financial institution identified by Class Counsel and/or the Settlement Administrator. The net amount of the Gross Settlement Amount, after payment of Court-approved attorneys’ fees and expenses, and any expenses incurred administrating the Settlement, will be allocated to the Members of the Settlement Class according to a Plan of Allocation to be approved by the Court if and when the Court enters an order finally approving the Settlement.

If you take part in the settlement and do not object to it, you do NOT have to appear at the hearing.

If the Settlement is given final approval, you will not have to do anything to get a payment from the Settlement if you are entitled to one under the Plan of Allocation. If you have an Active Account in the Plan, the Settlement Administrator will calculate your share of the Net Settlement Amount, and the Plan Administrator will allocate that amount into your Plan account pursuant to the terms of the Plan. If you are a Former Plan Participant, the Settlement Administrator will cause your Settlement payment to be mailed to the same address where this Class Notice was mailed to you. 

Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

To update your mailing address, you can use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

A different option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to:

McWhorter v SCI

c/o Settlement Administrator

PO Box 23309

Jacksonville, FL 32241

A copy of your marriage license, divorce decree or court order is required for a name change.

You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: McWhorter v SCI, c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241.

Two documents are required for a name change for a deceased Class Member. They are:

1. A Copy of the death certificate, and
2. Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc.

The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

Alternatively, you can submit the required documents by mail to: McWhorter v SCI, c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241.

No. In some class actions, class members have the opportunity to exclude themselves from the Settlement. This is sometimes referred to as "opting out" of the Settlement. Because of the legal issues involved in the Action, however, the class of participants affected by this Settlement has been preliminarily certified as a mandatory class. This means you cannot opt out of the benefits of the Settlement in order to pursue your own claims or for any other reason. Therefore, you will be bound by any judgments or orders that are entered in this Action, and if the Settlement is approved, you will be deemed to have released Defendants and related entities from any and all claims that were or could have been asserted in this case on your behalf or on behalf of the Plan or that are otherwise included in the release in the Settlement, other than your right to obtain the relief provided to you, if any, by the Settlement.

Although you cannot opt out of the Settlement, you can object to the Settlement and ask the Court not to approve the Settlement, as described below.

If you are a Member of the Settlement Class, you can object to the Settlement if you disagreewith any part of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views. To object, you must send a letter or other written filing saying that you object to the Settlement. Be sure to include the following case caption and notation of: McWhorter, et al., v. SCI Shared Resources, LLC, et al., 4:22-cv-02256 (S.D. Tex.). In addition, your objection must also include your name, address, telephone number, signature, and the reasons why you object to the Settlement. Any objection must be signed by the Settlement Class member even if an attorney is retained by the Settlement Class member. Mail the objection to each of the addresses listed below, postmarked no later than August 9, 2026. You must mail your objection by this date. If you fail to do so, the Court will not consider your objections. If you plan to speak at the Fairness Hearing, you must send a Notice of lntention to Appear along with your objection (postmarked no later than August 9, 2026), as described in the Notice you received.

Class Counsel may be reached at:

Brandon J. Hill, Wenzel Fenton Cabassa, P.A.
1110 N. Florida Avenue, Suite 300
Tampa, Florida 33602

telephone: (813) 224-0431, email: [email protected].

You may also contact the Settlement Administrator via phone at 800-789-4102, by email at [email protected] or via mail at
McWhorter v SCI
c/o Settlement Administrator
PO Box 23309
Jacksonville, FL 32241

Documents are also available at the office of the Clerk located at

Bob Casey United States Courthouse
515 Rusk Street
Houston, Texas 77002