Wedding v. CalPERS - Frequently Asked Questions (2024)

  • If I am in Category A (a current policyholder who is not On-Claim) and elected Option 1 (surrender/refund), do I have to continue to pay my premiums?

    No. When the Settlement became Final on September 28, 2023, your Policy was terminated (meaning you cannot receive any benefits under the Policy) and your obligation to pay premiums stopped.

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  • When can I stop paying premiums?

    If, on the Final Settlement Date of September 28, 2023, you were a current policyholder (Category A) and elected Option 1 (surrender/refund), you can immediately stop paying premiums. To the extent you paid any premiums that apply to a time period after the Settlement became Final on September 28, 2023, you will receive a refund from CalPERS equal to 100% of the post-September 28 premiums. These have been issued on a rolling basis by CalPERS, so you may have already received the overpayment refund.

    If your policy was canceled and you have not received a refund for amounts paid after the Final Settlement date, you will need to contact the CalPERS LTC program regarding the status of your post-September 28 premium refund. The customer service number for contacting the CalPERS LTC program is 1-800-982-1775. When calling, please select the option for premiums. You may also contact the CalPERS LTC program by email at CalPERSltc@illumifin.com.

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  • I already made my payment for October 2023. Will this payment be refunded?

    Yes. If you paid any premiums that apply to a time period after the Settlement became Final on September 28, 2023, you will receive a refund from CalPERS equal to 100% of the post-September 28 premiums. This refund will be provided separately from your settlement check.

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  • I pay my premiums quarterly and have already paid for the fourth quarter of 2023. Will the amounts I paid for October, November, and December 2023 be refunded?

    Yes. If you paid any premiums that apply to a time period after the Settlement became Final on September 28, 2023, you will receive a refund from CalPERS equal to 100% of the post-September 28 premiums. This refund will be provided separately from your settlement check.

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  • I pay my premiums annually and have already paid for all of 2023. Will the amounts I paid for October, November, and December 2023 be refunded?

    Yes. If you paid any premiums that apply to a time period after the Settlement became Final on September 28, 2023, you will receive a refund from CalPERS equal to 100% of the post-September 28 premiums. This refund will be provided separately from your settlement check.

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  • My premium payments are automatically deducted from my pension checks. How do I stop these deductions?

    We have been advised by CalPERS that premium payments deducted from Class Members' pension checks or that are set up for autopay through their bank accounts should stop automatically, and any payments deducted after September 28 will be refunded in full by CalPERS. However, it may take several months for these automatic deductions to be halted by the pension/banking institution.

    If your policy was canceled and you have not yet received a refund for amounts deducted after the Final Settlement date, you will need to contact the CalPERS LTC program regarding the status of your post-September 28 premium refund. The customer service number for contacting the CalPERS LTC program is 1-800-982-1775. When calling, please select the option for premiums. You may also contact the CalPERS LTC program by email at CalPERSltc@illumifin.com.

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  • My premium payments are automatically deducted from my bank account. How do I stop these deductions?

    We have been advised by CalPERS that premium payments deducted from Class Members' pension checks or that are set up for autopay through their bank accounts should stop automatically, and any payments deducted after September 28 will be refunded by CalPERS. However, it may take several months for these automatic deductions to be halted by the pension/banking institution.

    If your policy was canceled and you have not yet received a refund for amounts deducted after the Final Settlement date, you will need to contact the CalPERS LTC program regarding the status of your post-September 28 premium refund. The customer service number for contacting the CalPERS LTC program is 1-800-982-1775. When calling, please select the option for premiums. You may also contact the CalPERS LTC program by email at CalPERSltc@illumifin.com.

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  • I received a letter from CalPERS with a refund check. Is this my Settlement award?

    No. You may have received a letter from CalPERS containing a refund check. This check IS NOT your final Settlement award. This check was a refund for premiums paid for your policy after it was cancelled on September 28, 2023.

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  • Is it too late to submit a claim form for Option 1 if I defaulted to Option 2?

    Yes, it is too late to submit a claim form to be included as an Option 1 claimant.

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  • I am a Category A Class Member who elected Option 1 (surrender/refund), and I just received an email/postcard saying the Settlement was Final as of September 28, 2023. It also said my Policy is no longer in force and that I can stop paying premiums. However, I just applied to go On-Claim. Am I going to lose my Policy?

    If you applied to go On-Claim prior to September 28, 2023, you were recategorized to Category I and were sent a “Late Election Form” that allowed you to change your election and keep your policy. If the Late Election Form was not returned, you were defaulted to Option 2, which was to keep your policy and receive a $1000 payment and a moratorium on new premium increases until November 2024.

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  • What if I went On-Claim prior to September 28, 2023 but elected to surrender my Policy (Option 1)?

    If you were originally a Category A Class Member who applied to go or went on On-Claim prior to September 28, 2023, you were recategorized to Category I and were mailed a Late Election Form on November 13, 2023. The deadline to return your Late Election Form was December 13, 2023. If the Late Election Form was not postmarked or returned by the deadline on December 13, 2023, you were defaulted to Option 2, which was to keep your policy and receive a $1000 payment and a moratorium on new premium increases until November 2024.

    Please note: There will be no additional opportunities to submit your Late Election form after the deadline to change this selection.

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  • What if I elected to surrender my Policy and receive the refund (Option 1) and then applied to go On-Claim after the Settlement became Final on September 28, 2023?

    If (1) as of September 28, 2023, you were in need of and were receiving the type of care that would qualify for benefits under your CalPERS LTC Policy; (2) no later than October 28, 2023, you submitted an application for LTC benefits to CalPERS (which is subsequently granted); and (3) no later than November 12, 2023, you contacted CalPERS or the Settlement Administrator in writing asking to reverse your election (i.e., to change your election from Option 1 to Option 2, so as to keep your CalPERS LTC policy), then you may be permitted to reverse your election from Option 1 to Option 2. You will not be permitted to reverse your election if you did not comply with these requirements.

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  • Why was I recategorized from Category A to Category E?

    You were likely recategorized from Category A to Category E because you stopped paying premiums prior to September 28, 2023, when the settlement became final.

    As stated in the Class Notice, your Initial Settlement Category was based on your policyholder status as of December 31, 2022. However, as was also set forth in the Notice, your Final Settlement Category was determined based on your policyholder status on September 28, 2023, the date the Settlement became Final. Therefore, if your Policy lapsed or was cancelled prior to September 28, 2023, you were recategorized into Category E and will receive the benefits for Class Members in Category E.

    To obtain the benefits of a Category E Class Member, you must complete a Lapse Claim Form. A Lapse Claim Form was mailed to you on January 3, 2024, and it must be signed and returned within 30 days of the date it was mailed to you. There will be no additional opportunities to submit your Lapse Claim Form after the deadline. Failure to timely submit a Lapse Claim Form means you will be ineligible for any benefit under the Settlement.

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  • What happens if I was recategorized from Category A into Category E?

    Class Members in Category E do not receive an 80% premium refund of all premiums paid from the inception of their Policy in exchange for the surrender of their policy, because they do not have a policy to surrender. Instead, these Class Members receive a refund equal to 80% of all Additional Premiums paid, or $2,000, whichever is greater.

    It is important to understand that “Additional Premiums” paid is any additional amount you paid because of the 85% premium increase announced in 2013 (and implemented in 2015-2016). It is NOT 80% of all the premiums you paid since the inception of your Policy.

    To obtain the benefits of a Category E Class Member, you must complete a Lapse Claim Form. The Lapse Claim Form was mailed to you on January 3, 2024, and it must be signed and returned within 30 days of the date it was mailed to you. There will be no additional opportunities to submit your Lapse Claim Form after the deadline. Failure to timely submit a Lapse Claim Form means you will be ineligible for any benefit under the Settlement.

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  • I only stopped paying my premiums a few months ago, can my Policy be reinstated so I can still get the 80% refund?

    No. The Class Notice repeatedly advised Class Members that if they were in Category A (current policyholders) and wanted to remain eligible to receive the Option 1 premium refund, then they were required to keep their Policies current and keep paying premiums until the Settlement became Final. Unfortunately, Class Members who stopped paying premiums and let their Policies lapse before the Settlement became Final on September 28, 2023, were recategorized into Category E and cannot retroactively change their status at this time.

    If you were recategorized to Category E, then you will receive a refund equal to 80% of all Additional Premiums paid, or $2,000, whichever is greater. It is important to understand that “Additional Premiums” paid is any additional amount you paid because of the 85% premium increase announced in 2013 (and implemented in 2015-2016). It is NOT 80% of all the premiums you paid since the inception of your Policy.

    To obtain the benefits of a Category E Class Member, you must complete a Lapse Claim Form. The Lapse Claim Form was mailed to you on January 3, 2024, and it must be signed and returned within 30 days of the date it was mailed to you. There will be no additional opportunities to submit your Lapse Claim Form after the deadline. Failure to timely submit a Lapse Claim Form means you will be ineligible for any benefit under the Settlement.

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  • Why was I recategorized from Category B or C to Category A?

    As stated in the Class Notice, your Initial Settlement Category was based on your policyholder status as of December 31, 2022. However, as was also set forth in the Notice, your Final Settlement Category was determined based on your policyholder status on the date the Settlement becomes Final. The Settlement became Final on September 28, 2023. Therefore, if you were previously On-Claim, but went off claim as of September 28, 2023, you were recategorized to Category A. You were sent a Late Election Form on November 13, 2023. If the Late Election Form was not returned, then you were defaulted to Option 2, which was to keep your policy and receive a $1000 payment and a moratorium on new premium increases until November 2024.

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  • If I chose the 80% refund (Option 1), will the amount CalPERS paid in benefits while I was On-Claim be deducted from my premium refund?

    Yes. Under the terms of the Settlement, any long-term care benefits paid on your behalf by CalPERS under your Policy will be deducted from your Option 1 premium refund.

    Included with the Notice that Settlement Class Members received in the mail (or by email) was an Individual Award Letter that identified your Initial Settlement Category and the amount you were entitled to receive under the Settlement. It is important to note that the Category identified in the Award Letter and the amount was based on data provided by CalPERS on December 31, 2022. Therefore, the amount may have decreased if your Initial Settlement Category changed or if you used any benefits under your CalPERS Policy prior to the Final Settlement Date. If your Policyholder status did not change, your Final Award was based on your Final Settlement Category on the Final Settlement Date.

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  • What happens if I need to go back On-Claim before I get my refund check?

    Under the Settlement, your Final Settlement Category was determined on the date the Settlement became Final, which was September 28, 2023. Unfortunately, if you elected Option 1 then your policy was terminated as of that date. You are not allowed to reinstate your policy or receive any benefits from your policy. Instead, you will be receiving your Option 1 benefit, which, for most class members, was placed in the mail on January 11, 2024.

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  • Why was I recategorized from Category E to Category A?

    As stated in the Class Notice, your Initial Settlement Category was based on your policyholder status as of December 31, 2022. However, as was also set forth in the Notice, your Final Settlement Category was determined based on your policyholder status on the date the Settlement became Final, which was September 28, 2023. Therefore, if your Policy had lapsed but was reinstated prior to September 28, 2023, you were recategorized into Category A. As a Category A Class Member, you were given the option of surrendering your Policy in exchange for an 80% premium refund (less benefits received) or keeping your Policy and receiving a cash payment of $1,000 and a rate freeze until November 1, 2024. You were sent an Award Letter and Election Form on November 13, 2023. If the Election Form was not returned, then you were defaulted to Option 2, which was to keep your policy and receive a $1000 payment and a moratorium on new premium increases until November 2024.

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  • Why was my loved one recategorized from Category A to Category F or G?

    As stated in the Class Notice, your loved one’s Initial Settlement Category was based on their policyholder status as of December 31, 2022. However, as was also set forth in the Notice, their Final Settlement Category was determined based on their policyholder status on the date the Settlement became Final, which was September 28, 2023. If your loved one was initially categorized as a current policyholder (Category A) but then passed away before September 28, 2023, then they were recategorized into Category F or G.

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  • My deceased loved one submitted a claim for the 80% refund (Option 1) months before they passed away. Why are we not getting the refund amount?

    As stated in the Class Notice, your loved one’s Initial Settlement Category was based on their policyholder status as of December 31, 2022. However, as was also set forth in the Notice, their Final Settlement Category was determined based on their policyholder status on the date the Settlement became Final, which was September 28, 2023. If your loved one was initially categorized as a current policyholder (Category A) but then passed away before September 28, 2023, they would be recategorized into Categories F or G. Unfortunately, Class Members in these categories are not entitled to an 80% premium refund in exchange for the surrender of their LTC policy, because they do not have a policy to surrender. Instead, they are only entitled to 80% of the “Additional Premiums” paid during the period their policy was in force, meaning only those additional premiums paid due to the challenged 85% premium increase announced in 2013 and implemented in 2015/2016.

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  • Why is my deceased loved one’s Category F or G award so much less than their Category A award?

    As stated in the Class Notice, your loved one’s Initial Settlement Category was based on their policyholder status as of December 31, 2022. However, as was also set forth in the Notice, their Final Settlement Category was determined based on their policyholder status on the date the Settlement became Final, which was September 28, 2023. If your loved one was initially categorized as a current policyholder (Category A) but then passed away before September 28, 2023, they would be recategorized into Categories F or G. Unfortunately, Class Members in these categories are not entitled to an 80% premium refund in exchange for the surrender of their LTC policy, because they do not have a policy to surrender. Instead, they are only entitled to 80% of the “Additional Premiums” paid during the period their policy was in force, meaning only those additional premiums paid due to the challenged 85% premium increase announced in 2013 and implemented in 2015/2016.

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  • When will I receive my Settlement payment?

    Settlement payments for most Class Members were sent out on January 11, 2024. Please allow 5 to 7 business days for delivery. If you do not receive your check within two to three weeks, please feel free to contact us for a reissue.

    However, if after the Final Settlement date on September 28, 2023, you were recategorized, were working with Class Counsel to submit a late claim, or were seeking to reverse your initial election, it is likely that you were not included in the initial disbursem*nt on January 11, 2024, and will be included in a later disbursem*nt.

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  • Are taxes being taken out of my Settlement payment?

    No. Taxes will not be deducted from your Settlement check, and no Form 1099 will be issued for this Settlement. The Settlement Administrator and Plaintiffs' Counsel are not tax attorneys and cannot provide any tax advice to you or Settlement Class Members. Whether you owe taxes on your Settlement payment is likely dependent on your individual financial and income/deduction reporting circ*mstances. Each Class Member is encouraged to consult with their own tax attorney or financial advisor about whether they owe taxes on their Settlement payment.

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  • Am I responsible for reporting/claiming my Settlement payment on my taxes?

    Yes. You are responsible for determining if you owe taxes on your Settlement payment, and for paying any such taxes. Epiq (the Settlement Administrator) and Plaintiffs' Counsel are not tax attorneys and cannot provide any tax advice to you or Settlement Class Members. Whether you owe taxes on your Settlement payment is likely dependent on your individual financial and income/deduction reporting circ*mstances. Each Class Member is encouraged to consult with their own tax attorney or financial advisor about whether they owe taxes on their Settlement payment.

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  • How will my Settlement payment be sent to me?

    Settlement payments will be provided to Class Members by check sent via USPS First-Class Mail. This is the most secure manner of transmitting Settlement payments to Class Members.

    If you have an issue regarding receipt of your check, please call 1-866-217-8056 (Toll-Free).

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  • Can my spouse’s award amount be combined into one check with my Settlement award?

    No. Each Class Member will receive a separate check because each Settlement Class Member’s claim is processed individually.

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  • How are checks issued for Class Members who have passed away?

    Checks for deceased class members are issued to the estate of the deceased class member. If the check relates to a deceased Class Member and, after working with your financial institution to cash that check, you are not able to cash it in the name of the decedent or his or her Estate, the check can be issued to a different payee name. To have a check reissued to a different payee's name, please request a form from the administrator. The administrator can be contacted at:

    Wedding v. CalPERS - Frequently Asked Questions (1)Phone: 1-866-217-8056 (Toll-Free)

    Wedding v. CalPERS - Frequently Asked Questions (2)Email: info@CalPERSLTCClassAction.com

    Wedding v. CalPERS - Frequently Asked Questions (3)Mail:
    Wedding v. CalPERS
    P.O. Box 6790
    Portland, OR 97228-6790

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  • Can the Settlement payment to a deceased Class Member be split between their heirs?

    Yes. To make this request, please contact the Administrator by phone, email, or mail using the following information:

    Wedding v. CalPERS - Frequently Asked Questions (4)Phone: 1-866-217-8056 (Toll-Free)

    Wedding v. CalPERS - Frequently Asked Questions (5)Email: info@CalPERSLTCClassAction.com

    Wedding v. CalPERS - Frequently Asked Questions (6)Mail:
    Wedding v. CalPERS
    P.O. Box 6790
    Portland, OR 97228-6790

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  • I deposited my check, but my bank put a hold on the money, why is there a hold?

    Banks commonly put a hold on newly deposited checks to provide the bank with time to validate the check. Holds are particularly common with large deposits. A check hold does not mean that anything is wrong, it just means that the bank is taking additional time to ensure that the funds clear before you have access to them. If you feel that your bank has placed an excessively long hold on your Settlement payment, then you should contact your bank to discuss that with them.

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  • Wedding v. CalPERS - Frequently Asked Questions (2024)

    FAQs

    Is the wedding vs CalPERS Settlement taxable? ›

    Are taxes being taken out of my Settlement payment? No. Taxes will not be deducted from your Settlement check, and no Form 1099 will be issued for this Settlement. The Settlement Administrator and Plaintiffs' Counsel are not tax attorneys and cannot provide any tax advice to you or Settlement Class Members.

    What is the status of the CalPERS lawsuit? ›

    The Final Settlement Date was September 28, 2023, which means your CalPERS LTC Policy was terminated as of that date, and you no longer owe premiums as of that date. If you make the payment to CalPERS by check, you should stop sending premium payments.

    What is the average CalPERS monthly pension? ›

    The average annual CalPERS pension for all retirees who retired with a service retirement is $42,516, which breaks down to more than $3,500 per month. Overall, 61.6% of all CalPERS service retirees receive $3,500 a month or less, while only 6.4% receive more than $9,000 per month.

    What is the CalPERS data breach lawsuit? ›

    The class-action lawsuit alleges that 769,000 retired CalPERS participants' data leaked much earlier, and that PBI waited until June 4 to notify CalPERS. PBI said on its website that it "became aware of the MOVEit compromise on June 2, 2023, and immediately applied the patch provided by Progress Software."

    Do you have to report wedding money on taxes? ›

    A: No! Under U.S. law, gifts aren't deductible. But they also aren't taxable to the giver except to the extent they exceed annual limits and lifetime caps. (The per-person limits for gifts that don't trigger filing requirements for 2023 and 2024 are $17,000 and $18,000, respectively. See here for more information.)

    Is pension paid to a surviving spouse taxable? ›

    Although the taxability of pension benefits depends largely on the specifics of the plan and the payment structure, most beneficiaries must pay taxes on money received. Recipients should typically report this inherited pension income the same way the plan participant did.

    Will CalPERS get a cola in 2024? ›

    The COLA takes effect the second calendar year after retirement to help retirement benefits keep up with the rate of inflation. Eligible retirees, beneficiaries, and survivors who receive a monthly benefit will receive the COLA in their May 1, 2024, retirement check.

    Is CalPERS in financial trouble? ›

    The California Public Employees' Retirement System, the retirement system for California's state, school, and public agency workers, suffered investment losses of almost $30 billion in 2022. For the nation's largest public pension system, this is an additional $1 billion in losses from its results reported in July.

    Does CalPERS pay after death? ›

    CalPERS members are eligible for various death benefits. Death benefits range from a simple return of contributions (plus interest) to a monthly allowance. Each member's death benefits can vary significantly, depending on circ*mstances, data, and employer contract.

    Does CalPERS pay for life? ›

    CalPERS is a 401(a) Defined Benefit Plan. This means that your benefit amount is determined by a formula and not what you contribute to the plan. Once you're eligible and you retire, your benefit is payable for life. service credit, you still may be eligible to apply for a service retirement.

    Can I collect CalPERS and social security? ›

    Your CalPERS retirement benefits can work very well in tandem with Social Security to provide you the income you will need during retirement.

    What does CalPERS 3% at 50 mean? ›

    A "3% at 50" retirement plan allows public employees to retire any time after they reach the age of fifty and annually receive a percentage of their highest salary as their pension. This type of plan that guarantees certain benefits is called a defined benefit plan and is common among public pensions.

    How much compensation can you get for a data breach? ›

    Under DPA and GDPR, you are entitled to file a data breach claim up to £2,000 or more in data breach compensation if: Your personal data has been leaked, disclosed, lost, mis-used or hacked, corrupted. It doesn't matter if you suffered economic loss, you still can make a claim. breach was deliberate or negligent.

    Was CalPERS hacked recently? ›

    In June, CalPERS sent a letter informing you that a third-party vendor, PBI Research Services/Berwyn Group (PBI), was involved in a cybersecurity breach. As a result, the personal information of retirees — including their first and last name, date of birth, and Social Security Number — was downloaded.

    Is CalPERS in debt? ›

    CalPERS now has approximately $611 billion in pension debt and is 72% funded. The California Public Employees Retirement System (CalPERS) recently announced investment losses for its latest fiscal year, which will add to the state's pension debt.

    Are settlements taxable income in California? ›

    The compensation you receive that is directly related to your physical injury is not typically taxable in the state. Even settlements related to emotional distress may not be taxable if the emotional distress is related to a physical injury. However, if punitive damages are awarded, those are taxable in California.

    Is pension Settlement taxable? ›

    Taxes on Pension Income

    You will owe federal income tax at your regular rate as you receive the money from pension annuities and periodic pension payments. But if you take a direct lump-sum payout from your pension instead, you must pay the total tax due when you file your return for the year you receive the money.

    Are CalPERS survivor benefits taxable? ›

    *The 1959 Survivor Benefit is fully taxable and may be subject to a mandatory 20 percent federal withholding, if the allowance will be paid to a spouse for less than 10 years. The benefit can be rolled over to an IRA to avoid federal income tax withholding.

    Are CalPERS pension payments taxable? ›

    We provide you a tax form by the end of January each year that shows you how much of your CalPERS pension was taxable. Most pension payments are taxable, and the amount of tax withheld depends on your total income for the year and the income tax withholding election you make.

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