Sun Country Military Leave 401(k) Settlement, Check If You Qualify — Smith v. Sun Country, Inc., No. 24-cv-619-KMM-EMB

If you flew for Sun Country, took military leave between July 21, 2011 and December 31, 2025, and came back to work there, you’re likely included. The airline agreed to pay $1,550,000. You don’t file a claim.

Do I qualify for the Sun Country settlement? Probably, if Sun Country’s data lists you. Smith v. Sun Country, No. 24-cv-619-KMM-EMB, sets the only dates that matter: October 30 and November 6, 2026.

Sun Country Military Leave 401(k) Settlement — Key Facts

Field	Detail
Settlement Amount	$1,550,000.00 (administration costs paid separately by Sun Country)
Claim Deadline	None — no claim form
Who Qualifies	Current and former Sun Country pilots who took military leave between July 21, 2011 and December 31, 2025 and returned to work there, plus beneficiaries
Estimated Payout	Individualized; no per-person amount published
Proof Required	No
Settlement Status	Preliminarily approved August 11, 2026; final hearing November 17, 2026
Court & Case Number	U.S. District Court, District of Minnesota; Smith, et al. v. Sun Country, Inc., et al., No. 24-cv-619-KMM-EMB
Law Alleged	USERRA, 38 U.S.C. § 4318, and ERISA
Administrator	Angeion Group
Official Claim Site	None; settlement site is www.suncountryuserra.com
Last Updated	September 24, 2026

Who Is Sun Country and Why Are They Being Sued for Military Leave 401(k) Contributions?

Sun Country sponsors a 401(k) Profit Sharing Plan and calculates the employer contributions that go into employees’ accounts. In September 2025, it told the court its payroll math for pilots returning from military service hadn’t consistently matched its own intended method, though it denies any wrongdoing. The money is real anyway.

What Did Sun Country Do to Pilots on Military Leave Between July 21, 2011 and December 31, 2025?

The lawsuit says Sun Country didn’t make required 401(k) contributions for pilots who returned from military leave. That’s the core claim. It cites USERRA Section 4318, which says returning service members must get the retirement contributions they missed while serving, and ERISA, which holds plan trustees to strict fiduciary duties.

Nicholas Smith and Derik George sued on February 27, 2024. Two settlement conferences followed. The agreement says Sun Country’s payroll had “not consistently aligned with the methodology Sun Country had intended to apply,” and plaintiffs want compensation for damages.

Non-opt-out ERISA classes aren’t unusual. We covered another in Capital One 401(k) Settlement Did They Shortchange Your Match?.

Honestly, the fix matters too. Sun Country says it changed its method effective October 1, 2025, and it agreed to give returning pilots a written breakdown of each contribution through at least January 1, 2027.

Who Qualifies for the Sun Country Military Leave 401(k) Settlement?

Here’s how to check your class action settlement eligibility. It’s a narrow group. Class Counsel found approximately 131 pilots who fit, plus their beneficiaries.

• Pilots who flew for Sun Country, took qualified military service between July 21, 2011 and December 31, 2025, and returned to work there
• Anyone in that group who didn’t get the full employer 401(k) contribution for that leave
• Beneficiaries of those pilots, though only those entitled to an immediate payment, such as a deceased pilot’s beneficiary, get paid
• Not included: non-pilot employees, anyone who already settled these claims, and the fiduciary defendants and their families

Did you take military leave from Sun Country and return to fly there? Then this one is about you. Check your email and mail for a notice from Angeion Group, the court-appointed administrator.

Sun Country Pilots Outside Minnesota — Are You Still Covered?

Yes. This is a federal case under USERRA and ERISA, so it covers class members in every state, wherever they live now.

Not sure if you qualify for the Sun Country settlement? A free legal consultation with an ERISA attorney can help you sort out your options before the October 30 objection deadline. Many firms take the first call free.

How Much Can Sun Country Military Leave 401(k) Settlement Class Members Get? Your Share of $1,550,000

What Pro-Rata Means for Your Sun Country Check

There’s no per-person number yet. Each share follows the Plan of Allocation: what Plaintiffs’ expert says should have been contributed, plus lost earnings, minus what Sun Country actually paid. That’s pro-rata in plain English, because the fund is fixed, so your lawsuit settlement check follows your own shortfall.

If you still have a Plan account, the money goes there, up to IRS limits, to keep its tax-favored treatment. Everything else comes by check or direct deposit and may be reported on Form 1099 or W-2. Ask a tax professional.

Where the $1,550,000 Goes First

• Attorneys’ fees: capped at one-third, or $516,666.67
• Expenses: more than $72,000
• Service awards: $35,000 total, if approved

That leaves at most $926,333.33, or about $7,071 for each of roughly 131 pilots if it were split evenly. It won’t be. Checks follow each pilot’s shortfall, so yours may run higher or lower.

How to Get Your Sun Country Military Leave 401(k) Settlement Payment — Step by Step

1. Check whether you’re on the list. If Angeion emailed or mailed you a notice, you’re identified. Unsure? Email [email protected] or call 1 (833) 448-4348.
2. Skip the claim form. There isn’t one. Northwell Health $2.75M Settlement: How To Get Your Share shows another ERISA settlement that pays automatically.
3. Update your contact details. Return the contact form from the notice, since payment may come by check.
4. Ask what data they hold. The administrator can share your leave dates, pay rate, and 401(k) contributions, but not a payout estimate yet.
5. Challenge wrong data by November 6, 2026. Mail a detailed statement and documents, postmarked by then. Confirm the ZIP code first, because the notice and website list different ones.

If your name’s on the list, you don’t need to prove anything. Just keep your address current.

Should Sun Country Class Members Opt Out or Object Before October 30, 2026?

What Opting Out of the Sun Country Settlement Actually Means

It doesn’t mean anything, because you can’t opt out. The court certified a mandatory class, so final approval would release claims against Sun Country and the plan’s trustees over military-leave 401(k) contributions from July 21, 2011 to December 31, 2025, known or unknown.

How to Object to the Sun Country Settlement

You stay in the class and tell the court what you dislike. Late objections are waived. Your written objection must be received or postmarked by October 30, 2026, include the seven items in the notice, be filed with the Clerk of Court (316 North Robert Street, Suite 100, St. Paul, MN 55101), and be served on Class Counsel and Defendants’ counsel.

Talk to a class action lawsuit attorney before October 30, 2026 if you’re thinking about objecting. Most pilots won’t need to.

Sun Country Military Leave 401(k) Settlement — Key Dates, 2026

Milestone	Date
Settlement Reached	June 10, 2026
Claims Period Opens	N/A — no claim form
Claim Filing Deadline	N/A — no claim form
Opt-Out Deadline	N/A — mandatory class
Objection Deadline	October 30, 2026
Data Challenge Deadline	November 6, 2026 (postmark)
Final Approval Hearing	November 17, 2026, 1:00 p.m. CT, by Zoom
Expected Payment Date	UNVERIFIED — no date published

October 30 is 36 days from today. That’s enough time to mail an objection or a data challenge, so don’t leave either one for the last week.

Sun Country Military Leave 401(k) Settlement — Frequently Asked Questions, No. 24-cv-619-KMM-EMB

Do I need a lawyer to file a Sun Country military leave 401(k) settlement claim?

No. There’s no claim to file, and the court appointed Class Counsel, R. Joseph Barton and Thomas G. Jarrard, to represent you. Hiring your own attorney is optional and at your own expense.

Is the Sun Country military leave 401(k) settlement legitimate?

Yes. Judge Kate M. Menendez preliminarily approved it on August 11, 2026, and Angeion Group is the court-appointed administrator. An independent fiduciary must also approve it by October 16, 2026.

When will Sun Country settlement payments be sent?

Not yet. Payments follow the November 17, 2026 fairness hearing and the end of any appeal period. No payment date is published.

What if I missed the Sun Country claim deadline?

There isn’t one. Identified class members get paid without filing. Missing October 30 forfeits your right to object, and missing November 6 forfeits your right to challenge Sun Country’s data.

Will my Sun Country settlement payment go on a 1099?

Possibly. The administrator files Forms 1099 and W-2 as appropriate for cash payments, and money paid into your 401(k) is meant to stay tax-favored. Ask a tax professional.

Can I opt out of the Sun Country military leave 401(k) settlement?

No. The court certified a mandatory class under Rule 23(b)(1), so every member is bound. You can still object by October 30, 2026.

How much will I get from the Sun Country settlement?

No per-person amount is published. Your share follows a Plan of Allocation based on missed contributions plus lost earnings, from a $1,550,000 fund less fees and costs.

Sources Used in This Sun Country Military Leave 401(k) Settlement Article

• Angeion Group — Official settlement website, accessed September 24, 2026: https://www.suncountryuserra.com/
• Angeion Group — Contact page, accessed September 24, 2026: https://www.suncountryuserra.com/contact
• U.S. District Court, District of Minnesota — Notice of Class Action Settlement & Hearing, No. 24-cv-619-KMM-EMB: https://angeion-public.s3.amazonaws.com/www.suncountryuserra.com/docs/Sun%20Country%20-%20Class%20Notice%20-%20FINAL%20v2.pdf
• U.S. District Court, District of Minnesota — Class Action Settlement Agreement, Doc. 89-1, July 30, 2026: https://angeion-public.s3.amazonaws.com/www.suncountryuserra.com/docs/Class%20Action%20Settlement%20Agreement.pdf
• U.S. District Court, District of Minnesota — Order Granting Preliminary Approval, Doc. 96, August 11, 2026: https://angeion-public.s3.amazonaws.com/www.suncountryuserra.com/docs/Order%20Granting%20Premilinary%20Approval.pdf

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. Facts checked against the court-filed documents posted by the settlement administrator, Angeion Group, on September 24, 2026. Last Updated: September 24, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.