Published
September 27, 2026
Participants in the Tops Markets, Price Chopper and Northeast Grocery 401(k) plans at any time from January 1, 2018, through August 5, 2026, will be paid automatically from Northeast Grocery’s $225,000 ERISA class action settlement; there is no claim form to file. Objections are due November 17, 2026, and the final approval hearing is set for December 1, 2026.
Current Status
Payment is automatic; there is no claim form. The court granted preliminary approval on August 5, 2026. The deadline to object is November 17, 2026, and the final approval hearing is scheduled for December 1, 2026, at 1:00 p.m. in Utica. No payment date had been announced as of September 27, 2026.Free settlement alerts
Get notified when new class actions open to claims
Join thousands of readers who get the latest class action settlements you may qualify for — delivered straight to your inbox.
Status
Pending — Automatic Payment
Final approval hearing Dec. 1, 2026
Objection Deadline
November 17, 2026
No claim form · no opt-out
Settlement Fund
$225,000
Split among plan participants after fees · $25 minimum payment
Proof Required
No
Paid from plan records
What Changed Recently?
Northeast Grocery, the parent of Tops Markets and Price Chopper/Market 32, and its 401(k) administrative committee agreed on July 20, 2026, to pay $225,000 to settle Collins v. Northeast Grocery, Inc., No. 5:24-cv-00080, a proposed class action in the U.S. District Court for the Northern District of New York. The court preliminarily approved the deal on August 5, 2026, and administrator Analytics Consulting has launched the official settlement website.The suit, filed in January 2024 by plan participants, alleged the plans’ fiduciaries violated ERISA by failing to monitor fees, share classes, investment managers and recordkeeping costs, and by engaging in prohibited transactions. The court dismissed the case in August 2024; in August 2025 the Second Circuit upheld most of that dismissal but revived two claims, a prohibited-transaction claim and a breach-by-omission claim, after the Supreme Court’s Cunningham v. Cornell University decision. The parties settled after mediation in January 2026. The defendants deny all wrongdoing and say the plans were managed prudently.
Who Qualifies?
The settlement class covers everyone who participated at any time from January 1, 2018, through August 5, 2026, in any of these plans:- the Northeast Grocery 401(k) Plan
- the Tops Markets, LLC 401(k) Retirement Savings Plan
- the Price Chopper Associate 401(k) Plan, which was merged into the Tops plan on January 1, 2023
- the Tops Markets, LLC 401(k) Savings Plan for Union Associates
How Much Can You Get?
The $225,000 fund is reduced before anything is paid out. Class counsel may ask for attorneys’ fees of up to one-third ($75,000) and up to $10,000 in costs. Each of the four named plaintiffs may receive a service award of up to $2,500. Administration costs and up to $15,000 for an independent fiduciary also come out of the fund. What remains is divided among class members under a court-approved plan of allocation, calculated by the administrator from the plans’ records.No per-person estimate has been published. The administrator calculates each share from the plans’ records, in three steps:
- It adds up the class member’s account balance as of January 1, 2018, and at each December 31 after that, plus the balance through August 5, 2026. For someone who cashed out earlier, only the year-end balances while they were in the plans count. That total is the member’s “Balance.”
- It adds up the Balances of every class member.
- Each member receives the same fraction of the net fund that their Balance is of the total.
What Proof or Notice ID Is Required?
None. Class members are identified from the plans’ recordkeeping data, and there is no claim form, notice ID or documentation to submit. Notice goes out by email to current participants with a personal email on file and by first-class mail to everyone else.What Is the Deadline?
There is no claim deadline. The only deadline is for objections: a written objection must be received by the Clerk of the Court by November 17, 2026, with copies to class counsel and defense counsel. Anyone who wants to speak at the hearing must also file a Notice of Intention to Appear by the same date. Because the class was certified under Rule 23(b)(1), class members cannot opt out.How Do You Take Action?
Most class members do not need to do anything. To check your status, update a mailing address or read the full notice and settlement documents, visit the official Northeast Grocery 401(k) settlement website. To object, follow the filing instructions in the long-form notice.What Happens Next?
The court will consider final approval at the December 1, 2026 hearing, along with class counsel’s fee request. An independent fiduciary must also approve the settlement on behalf of the plans. The notice cautions that payments can take several months after approval, or years if objectors appeal. If the court approves the deal and no appeal is filed, the settlement becomes final 35 days after the approval order, and the remaining $175,000 of the fund is due within 30 days after that. Payments follow once the administrator runs the allocation; no payment date has been announced.Sources and Verification
- Official settlement website
- Long-form notice
- Class action settlement agreement
- Order granting preliminary approval (Aug. 5, 2026)
- Class action complaint
- CourtListener docket — Collins v. Northeast Grocery, Inc.
Questions
Do I need to file a claim in the Northeast Grocery 401(k) settlement?
No. There is no claim form. If the court grants final approval, the settlement administrator will calculate each class member’s share from the plans’ recordkeeping data and send payment by check. Checks expire 180 days after they are issued.
Can I opt out of the Northeast Grocery 401(k) settlement?
No. The class was certified under Federal Rule 23(b)(1), which does not allow opt-outs. Class members who disagree with the settlement can file a written objection with the court by November 17, 2026.
What happens if my share is very small?
Anyone whose calculated share is under $25 will not be paid. Those amounts are reallocated pro rata among the remaining class members until the smallest payment is $25.
What if I changed my address after leaving Tops or Price Chopper?
Notices and checks go to the addresses in the plans’ records, updated through a national change-of-address search. Former participants who have moved should contact the settlement administrator through the official settlement website to confirm their mailing address.
Official Settlement Notice
For more class actions keep scrolling below.
Settlement Amount
$225,000
Case Title
Collins v. Northeast Grocery, Inc.
Case Number
5:24-cv-00080-AJB-MJK
Court
U.S. District Court, Northern District of New York
Final Approval Hearing
December 1, 2026 at 1:00 PM
Utica, N.Y.
Administrator
Analytics Consulting, LLC
Official Website
Northeast Grocery 401(k) Settlement
