Weyerhaeuser Retirement Health Benefits Class Action – Notice


Weyerhaeuser Company Limited, Retirement Health Benefits Class Action

Settlement Agreement Approved By Court

William Robert Broomfield Dyer v. Weyerhaeuser Company Limited
British Columbia Supreme Court, Vancouver Registry No. S-122788

~ Pour obtenir des informations en français au sujet du règlement proposé de ce recours collectif, veuillez contacter les avocats des demandeurs à l’adresse ci-dessous ~

What is this notice?

A class action lawsuit was started on behalf of former salaried, non-union employees of MacMillan Bloedel Limited and its subsidiaries who retired before January 1, 2002, and who have or had coverage under the health benefits plan MacMillan Bloedel Limited offered to its retired employees (the “MB Legacy Plan”), and on behalf of the surviving spouses and estates of those former employees.

The plaintiff alleges that MacMillan Bloedel Limited’s successor, Weyerhaeuser Company Limited, was not entitled to introduce co-payments for the MB Legacy Plan’s premiums or for premiums required by the Medical Services Plan of British Columbia.

Weyerhaeuser Company Limited denies the plaintiff’s allegations and denies any wrongdoing or liability. The court has not taken any position as to the truth or merit of the claims or defences asserted by either side.

A settlement agreement has been recommended by the plaintiff’s lawyers and the MacMillan Bloedel Retiree Club, and has been approved by the court. If you fit the description above, you may be a settlement class member or a potential settlement class member in this action. Your legal rights may be affected.

What are the terms of the settlement?

Under the settlement agreement, settlement class members are entitled to a one-time opportunity to elect to join a modified plan, under which Weyerhaeuser will pay the full premiums for a modified health benefit plan and the full premiums required by the Medical Services Plan of British Columbia (the “Company Paid Plan”).

The Company Paid Plan introduces some limitations to the health benefits provided, including, among other things, limitations to pharmaceutical drug coverage and paramedical benefits, and a reduction to the plan’s lifetime maximum from $100,000 to $50,000 per individual. Weyerhaeuser will not be entitled to reduce the specific benefit in the Company Paid Plan for at least two years from the date that plan is implemented. If there are any subsequent changes, the plan must remain consistent with industry standards for retiree health benefits.

Settlement class members who elect the Company Paid Plan will be refunded the amounts they have paid for the MB Legacy Plan premiums and the Medical Services Plan premiums from April 1, 2012 to the date the Company Paid Plan is implemented.

Settlement Class Members who have deceased since April 1, 2012 will be automatically entitled to the above payments.

Premium co-payments will continue for settlement class members who remain on the MB Legacy Plan. Weyerhaeuser has agreed that, for at least the next four years, it will not reduce the lifetime maximums of those settlement class members below the current $100,000 level.

Do I have to do anything to participate in the settlement?

If you live in British Columbia you are automatically included in the settlement class. If you are currently covered under the MB Legacy Plan or have voluntarily discontinued enrollment since June 1, 2010, you have the right to elect to join the Company Paid Plan. If you are covered under the MB Legacy Plan but do not make an election, your coverage will continue under that plan.

In order to exercise your right to elect, you must complete an election form and return it the address below before November 8, 2014.

If you live outside British Columbia you will need to opt in to the settlement agreement by completing an opt-in form in which you will elect to remain on the MB Legacy Plan or the join the Company Paid Plan. You must complete and return the opt-in form to the address below before November 8, 2014.

Will I have to pay anything?

You do not have to pay anything. Under the settlement agreement, Weyerhaeuser Company Limited has agreed to pay the settlement class lawyers’ reasonable legal fees, plus disbursements and taxes.

What if I don’t want to take part?

If you live in British Columbia and do not want to take part, you have to opt out of the action by completing an opt-out form and returning it to the lawyers for the settlement class by November 8, 2014. If you opt out you will not be bound by the results of this lawsuit, but you will not receive any benefits under the settlement. Opt-out forms are available from the lawyers for the settlement class.

How can I get more information?

For more information, contact the lawyers for the settlement class:

Rene-John Nicolas / Laura Raposo
Victory Square Law Office LLP
Barristers & Solicitors
500 – 128 West Pender Street
Vancouver, BC V6B 1R8
Telephone: 604-684-8421
Facsimile: 604-684-8427