By Steve Levine
Published: June 17, 2026
What Is This Settlement About?
If you work or used to work at NextEra Energy and participated in the company's retirement savings plan, you may be entitled to an automatic payment from an $8 million settlement — and you do not need to file a claim form to get it.NextEra Energy, Inc. agreed to pay $8,000,000 to resolve a proposed class action accusing it of breaching its fiduciary duties under ERISA, the federal law that governs employer retirement plans. The complaint alleged that the people running the NextEra Energy Employee Retirement Savings Plan allowed it to pay excessive recordkeeping and administrative fees, and that they used "forfeitures" — unvested employer-match money left behind by employees who leave before vesting — to reduce NextEra's own matching contributions instead of using that money to pay the Plan's expenses. The plaintiffs argued that choice saved the company money at participants' expense and violated ERISA's duties of prudence and loyalty.
NextEra denies all of the allegations and maintains it managed the Plan properly and in participants' best interests. The court has not decided who is right. The parties agreed to settle to avoid the cost and risk of continued litigation. This is the same kind of 401(k) forfeiture-and-fee case behind other recent agreements, including the Capital One 401(k) ERISA settlement and the U.S. Bank 401(k) savings plan settlement.
Who Qualifies?
You are a class member if you participated in the NextEra Energy Employee Retirement Savings Plan at any time between September 25, 2017 and March 17, 2026. The class includes current employees with an active Plan account, former employees who had a Plan account during that period (even if the account is now closed), beneficiaries of deceased participants, and alternate payees under a Qualified Domestic Relations Order (QDRO).Do I Need to File a Claim?
No. This is one of the settlements where you do not need to do anything to get paid. Your share is calculated automatically from the Plan's own records, so there is no claim form and no documentation to submit.If you still have an active account in the Plan, your share of the settlement will be deposited directly into your Plan account. If you are a former participant, the settlement administrator will mail a check to the same address where your settlement notice was sent. If you have moved since leaving NextEra, make sure your current mailing address is up to date so your check reaches you — you can reach the settlement administrator through the official settlement website.
How Much Can You Get?
Your payment depends on how much and how long you participated in the Plan during the class period. The settlement administrator divides the net fund proportionally among class members based on Plan records, so participants with larger balances over more of the class period generally receive larger shares.More specifically, the administrator calculates an average annual account balance for each class member over the class period, adds up those average balances across the whole class, and pays each member a proportional (pro rata) share of the net fund. The total settlement fund is $8,000,000. Before money is distributed, the court must approve deductions for attorneys' fees (capped at 33% of the fund), litigation costs, settlement-administration expenses, and up to $25,000 in fees for an independent fiduciary who reviews the deal on the Plan's behalf. The remaining "net settlement amount" is what gets divided among participants.
Two groups will not receive a payment under the Plan of Allocation: former participants whose calculated share comes to less than $25, and participants whose account balance stayed under $5,000 for the entire class period (those accounts were not charged the administrative fees at issue). Individual amounts will vary widely, and exact per-person figures will not be known until the court approves a detailed Plan of Allocation closer to the final approval hearing.
Can I Opt Out?
No. The court preliminarily certified this as a mandatory (non-opt-out) class, so class members cannot exclude themselves to pursue their own claims. You will be bound by the settlement and its release if it is approved. You can, however, object. If you disagree with any part of the settlement or the attorneys' fee request, you may submit a written objection — it must be postmarked by July 6, 2026. For the exact objection procedure and where to send it, review the official settlement notice on the settlement website.What Are the Important Dates?
Class Period: September 25, 2017 – March 17, 2026
Objection Deadline: July 6, 2026
Final Approval Hearing: September 18, 2026 at 10:00 a.m. (S.D. Fla., Fort Pierce courthouse)
Claim Form: Not required — payments are automatic
What Happens If I Do Nothing?
If you are a class member and do nothing, you still participate in the settlement automatically. Class members with an active Plan account will have their share deposited into the Plan; former participants with a valid address on file will receive a check after the court grants final approval. You do not need to take any action to be paid.Frequently Asked Questions
Do I need to file a claim for the NextEra Energy ERISA settlement?
No. Payments are automatic. If you still have an active account in the NextEra Energy Employee Retirement Savings Plan, your share is deposited into your Plan account. If you are a former participant, the settlement administrator mails you a check. There is no claim form to file.
How much will I get from the NextEra Energy 401(k) settlement?
Your share is a pro rata portion of the net fund based on your average Plan account balance over the class period (September 25, 2017 through March 17, 2026). The $8 million fund is divided proportionally after court-approved fees (up to 33%) and costs. Former participants whose share is under $25, and participants whose balance stayed under $5,000 the whole class period, receive nothing. Exact amounts are set by a court-approved Plan of Allocation closer to the hearing.
Who qualifies for the NextEra Energy retirement plan settlement?
Current and former participants in the NextEra Energy Employee Retirement Savings Plan at any time between September 25, 2017 and March 17, 2026, including beneficiaries of deceased participants and alternate payees under a QDRO.
What was the NextEra Energy ERISA lawsuit about?
The lawsuit alleged NextEra breached its ERISA fiduciary duties by letting the Plan pay excessive recordkeeping and administrative fees and by using forfeited employer-match money to reduce the company's matching contributions instead of paying Plan expenses. NextEra denies any wrongdoing; the court has not ruled on the merits.
When is the NextEra Energy settlement final approval hearing?
The final approval (fairness) hearing is scheduled for September 18, 2026, in the U.S. District Court for the Southern District of Florida. Objections are due by July 6, 2026. Payments are issued after the court grants final approval and any appeals are resolved.
Official Settlement Notice
Sources
• Official Settlement Site — NextEraERISASettlement.com• Stewart v. NextEra Energy, Inc., No. 9:23-cv-81314-AMC (S.D. Fla.) — court-authorized settlement notice and settlement agreement
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