If you participated in the SCI 401(k) Plan at any time between July 7, 2016, and April 30, 2026, you may be eligible to receive a payment from a $2 million class action settlement.
The best part? Most eligible class members do not need to file a claim. If you’re eligible, your payment will generally be distributed automatically if the settlement receives final approval.
Why Was This Lawsuit Filed?
The lawsuit alleged that SCI Shared Resources LLC and Service Corporation International breached their fiduciary duties under the Employee Retirement Income Security Act (ERISA) by:
Allowing excessive administrative fees to be charged to the SCI 401(k) Plan.
Offering imprudent investment options in the plan.
The defendants deny all allegations of wrongdoing, and the Court has not ruled in favor of either side. Instead, both parties agreed to settle to avoid the cost, risk and uncertainty of continued litigation.
Who Qualifies?
You may be included in the settlement if:
You were a participant in or beneficiary of the SCI 401(k) Plan at any time between July 7, 2016, and April 30, 2026; and
You had an account balance in the plan during that period.
The settlement class includes:
Current participants
Former participants
Beneficiaries of deceased participants
Alternate payees under a qualified domestic relations order (QDRO)
This is a mandatory class settlement, meaning eligible individuals cannot opt out.
How Much Could You Receive?
The settlement creates a $2,000,000 fund.
After court-approved deductions for attorneys’ fees, litigation expenses, settlement administration costs, and service awards, the remaining funds will be distributed to eligible class members.
Your payment will be based on:
Your average SCI 401(k) account balance during the class period compared to the average account balances of all eligible class members.
Important information:
Current participants will receive their payment as a deposit into their SCI 401(k) account.
Former participants will receive a check by mail.
If a former participant’s calculated payment is less than $25, no payment will be issued.
Your Options
| Option | What It Means | Deadline |
|---|---|---|
| Do Nothing | No action is required. If you’re eligible and the settlement receives final approval, your payment will be distributed automatically. | No deadline |
| Submit an Objection | Tell the Court why you disagree with the settlement by submitting a written objection to the Court and counsel. | August 9, 2026 |
| Attend the Final Fairness Hearing | Attend the hearing regarding final approval of the settlement. If you submitted a timely written objection, you may (but are not required to) speak at the hearing. | September 8, 2026 |
How to Receive Your Payment?
No claim form is required.
If you are an eligible class member, the settlement administrator will automatically calculate your share.
Payment Methods
Current participants: Payment will be deposited directly into your SCI 401(k) Plan account.
Former participants: A check will be mailed to the last known address on file.
Need to Update Your Address?
If your mailing address has changed, you can update it:
Online through the settlement website.
By email (include “change of address” in the subject line and provide your full name, previous address, current address, and Notice ID).
By mail to:
McWhorter v. SCI
c/o Settlement Administrator
PO Box 23309
Jacksonville, FL 32241
Payments will be distributed after the Court grants final approval and any appeals have been resolved.
