Class Action Complaints Clause Samples

Class Action Complaints. Immediately following the satisfaction of conditions in paragraph 3 herein, Plaintiffs will move to file amended Complaints as Class Actions, such classes to be for settlement purposes only. (a) Simultaneously with the filing of the Amended Complaints, Plaintiffs will file a motion for certification of the following classes: (i) Active participants in ERSRI who had ten (10) years or more of service as of June 30, 2012 including state employees and teachers as well as other ERSRI participants; (ii) Active members in the Municipal Employees’ Retirement System of Rhode Island (“MERS”) who had ten (10) years or more of service as of June 30, 2012 and union municipal employees who allege they were provided cost of living adjustments pursuant to R.I. Gen. Laws § 45-21-52 prior to June 30, 2012 under a collective bargaining agreement without regard to years of service; (iii) All active members of the fire fighters bargaining units participating in fire MERS units, except Cranston Fire Fighters, IAFF Local 1363, whether or not their unions are Plaintiffs and without regard to years of service, as well as active non- bargaining unit employees participating in fire MERS units who had ten (10) years or more of service as of June 30, 2012; (iv) All active members of the police bargaining units participating in police MERS units, except City of Cranston, Police Officers, International Brotherhood of Police Officers Local 301, whether or not their unions are Plaintiffs and without regard to years of service, as well as active non-bargaining unit employees participating in police MERS units with ten (10) years or more of service as of June 30, 2012; and (v) Retired members and beneficiaries of retired members as of the date of filing of motion to amend complaints as class action who are eligible to receive a retirement benefit under ERSRI or MERS which includes a cost of living adjustment. (b) The order certifying the five (5) classes shall provide that any settlement of the Lawsuits will be binding on all class members and no class member will be entitled to elect not to participate. (c) If the class action is not certified by the Court or if the settlement described herein is rejected by the voting mechanism described in Paragraph 4 below, or is rejected by the Court after a fairness hearing, or if the Legislation as defined in Paragraph 2 is not enacted by the General Assembly, the Plaintiffs and Defendants will file a joint motion with the Court to decertify the clas...