Information Regarding Proposed CSA Amendments
Below you will find the official, court-ordered notice to class members who are party to a class action settlement agreement and consent decree that resolved two consolidated cases pending before the Honorable Judge Michael R. Barrett in the United States District Court for the Southern District of Ohio: (1) Sunyak v. City of Cincinnati, Case No. 1:11-cv-445; and (2) Harmon v. City of Cincinnati, Case No. 1:12-cv-329. The notice includes information about proposed amendments to the class action settlement agreement and consent decree. In addition, the City of Cincinnati and the Cincinnati Retirement System have provided a supplemental set of FAQs (link below) and links to important documents that provide additional information regarding the proposed amendments.
Notice of Proposed Amendments to Class Action Settlement Agreement
and Consent Decree Concerning the Cincinnati Retirement System in
Sunyak v. City of Cincinnati and Harmon v. City of Cincinnati
IMPORTANT- A FEDERAL COURT AUTHORIZED THIS NOTICE
YOUR RIGHTS WILL BE AFFECTED WHETHER YOU ACT OR DO NOT ACT
PLEASE READ THIS NOTICE CAREFULLY
I. NOTICE OF YOUR RIGHTS
This Notice provides a summary of proposed amendments (the “Amendments”) to a class action settlement agreement and consent decree that resolved two consolidated cases pending before the Honorable Judge Michael R. Barrett in the United States District Court for the Southern District of Ohio: (1) Sunyak v. City of Cincinnati, Case No. 1:11-cv-445; and (2) Harmon v. City of Cincinnati, Case No. 1:12-cv-329. You are covered by the Amendments because the City of Cincinnati’s records or the Cincinnati Retirement System’s records indicate that you are a member of the Current Employees Class or the Retirees Class.
The Current Employees Class includes current and former City of Cincinnati employees (and the dependent and/or surviving beneficiaries of those persons who are entitled to their benefits) who participated in the Cincinnati Retirement System (“CRS”) with at least five years of creditable service and who were actively employed or otherwise qualified for benefits on July 1, 2011, and who are members of Group C, D, E or F as defined by Cincinnati Municipal Code § 203-1-M1 (b), (c), (d), and (e). The Current Employees Class further includes City of Cincinnati employees who had at least five years of creditable service on July 1, 2011, and who retired after that date, as well as veterans who purchased service credit sufficient to satisfy the requirement to have five years of creditable service as of July 1, 2011.
The Retirees Class includes retired City of Cincinnati, University of Cincinnati, University Hospital f/k/a General Hospital and Hamilton County employees (and the dependent and/or surviving beneficiaries of those former employees who are entitled to their benefits) who participated in the CRS and: (a) currently receive retirement or pension benefits, including healthcare benefits; and (b) retired on or before July 1, 2011.
This Notice generally describes the proposed Amendments to the settlement agreement and consent decree, as well as your rights as a member of either the Current Employees Class or the Retirees Class. Additional information about the proposed Amendments to the Settlement Agreement and Consent Decree can be found at www.cincinnati-oh.gov/retirement. The Court will conduct a fairness hearing commencing on May 18, 2026, at 3:00 p.m. at the United States District Court for the Southern District of Ohio, 100 East 5th Street, Courtroom 109, Cincinnati, Ohio 45202. You do not need to attend. However, if you want to attend, you can do so in person.
II. BACKGROUND
Plaintiffs are (or were) employees of the City of Cincinnati (“City”) and retirees participating in the CRS who filed federal class action lawsuits claiming that the City and others improperly changed vested retirement benefits by adopting and enforcing City Ordinance No. 84-2011 (the “Ordinance”) effective July 1, 2011, and/or that the City threatened to make additional improper changes to retirement benefits, including the suspension or reduction of retiree health benefits and the annual Cost of Living Adjustment (“COLA”). Following extensive litigation and negotiations, Plaintiffs, the Current Employees Class, the Retirees Class, and Defendants the City and the CRS (collectively the “Parties”) entered into a settlement agreement that the Court approved as adequate, fair, and reasonable (the “Settlement Agreement”) in 2015. The Settlement Agreement was incorporated into a 30-year consent decree (the “Consent Decree”) on November 20, 2015. No changes to the CRS benefit provisions can be made during that 30-year time period without prior approval of the Court. The Parties are now proposing that the Court approve certain changes described below to the Settlement Agreement and Consent Decree. More than ten years following their implementation, the Parties collectively recognize that these proposed amendments are necessary to place the system on a trajectory toward full actuarial funding.
III. SUMMARY OF THE PROPOSED AMENDMENTS
The following is a summary of the basic terms of the proposed Amendments to the Settlement Agreement and Consent Decree. Additional information about the proposed Amendments can be obtained from www.cincinnati-oh.gov/retirement.
Additional City Contributions to the CRS Pension Trust Fund: If the proposed Amendments to the Settlement Agreement and Consent Decree are approved:
- The City shall make an additional one-time contribution of $50 million to the CRS Pension Trust Fund no later than July 31, 2026.
- The City shall cause its restricted funds, as listed in the City’s approved biennial budget, to make an annual contribution to the CRS Pension Trust Fund for the duration of the Consent Decree. The initial annual restricted-fund payment shall be $1.5 million and paid no later than July 31, 2026. Subsequent annual payments shall be increased by five percent on an annually compounding basis and shall be paid no later than July 31 of each year. These annual payments will total up to an additional $50 million in contributions to the CRS over time. Further provision is made that the City may later forgo these payments if reporting by the system’s actuary indicates the system is on pace for full funding.
- The City will also increase its minimum annual contribution to the system from the currently mandated sixteen and one-quarter percent (16.25%) of Covered Payroll for employees to nineteen and one-quarter percent (19.25%) of Covered Payroll, with the potential for the minimum contribution to increase to twenty-one and a half percent (21.5%) if reporting by the system’s actuary indicates that the system is not on pace for full funding.
Current Employees Class Contributions to the CRS Pension Trust Fund: Under the current Settlement Agreement and Consent Decree, pension contributions made by Current Employees Class members shall not exceed nine percent of pensionable wages during the term of the Consent Decree. If the proposed Amendments to the Settlement Agreement and Consent Decree are approved, pension contributions made by Current Employees Class members who remain employed by the City shall be increased from nine percent of pensionable wages to ten percent of pensionable wages in four annual increments of 0.25 percent of pensionable wages with the first increase being effective as of the pay period that includes July 1, 2026, and the three subsequent increases being effective as of the pay periods that include (i) July 1, 2027, (ii) July 1, 2028, and (iii) July 1, 2029, respectively. Pension contributions made by Current Employees Class members will not exceed ten percent of pensionable wages during the term of the Consent Decree.
IV. YOUR LEGAL RIGHTS REGARDING THE PROPOSED AMENDMENTS
This Notice explains your rights regarding the proposed Amendments to the Settlement Agreement and Consent Decree and provides you with information intended to help you understand the terms of proposed Amendments and how they will affect you. You may not exclude yourself from or opt out of this Settlement. If the Court grants final approval to the proposed Amendments, you will be covered by them. The following table provides a summary of the actions you can take:
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YOUR LEGAL RIGHTS AND OPTIONS |
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Option 1
DO NOTHING |
You will continue to be subject to the Settlement Agreement and Consent Decree and covered by the amended terms if the Amendments are approved by the Court. You waive your right to object to the Amendments or to take any appeal of any orders of judgment including but not limited to any order amending the Settlement Agreement or Consent Decree. |
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Option 2
OBJECT |
If you wish to object to the fairness, reasonableness, or adequacy of the proposed Amendments to the Settlement Agreement and Consent Decree, you must send your written statement to the Court, Class Counsel, and Defendants’ Counsel postmarked no later than April 20, 2026, as described below in Section V. |
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Option 3
ATTEND FAIRNESS HEARING |
The last step in the amendment approval process is the fairness hearing, at which time the Court will hear all evidence and arguments necessary to conclusively evaluate whether to grant final approval of the Amendments to the Settlement Agreement and Consent Decree as fair, reasonable, and adequate. Attendance at the fairness hearing alone does not allow you to object to the Amendments. Only the written statement described above permits you to object. |
Please note that this Notice does not contain all the terms and conditions of the proposed Amendments to the Settlement Agreement and Consent Decree. Copies of the actual amendment documents are available at www.cincinnati-oh.gov/retirement.
V. FREQUENTLY ASKED QUESTIONS AND ANSWERS
What is this lawsuit about?
This lawsuit was originally filed in 2011 on behalf of current and former employees (and the dependent and/or surviving beneficiaries of those persons who are entitled to their benefits) alleging that the City improperly impaired or revoked their vested retirement benefits by adopting and enforcing a city ordinance which became effective July 1, 2011 (the “Ordinance”). The Ordinance also substantially modified the future retirement benefits and eligibility rules for current employees as well as health benefits available to retirees by increasing deductibles, costs for prescriptions, and out-of-pocket caps for healthcare. A global settlement was granted final approval by the Court in 2015. The settlement provides for a court-supervised process to amend the 2015 agreement. The Parties are now proposing that the Court approve certain changes to the Settlement Agreement and Consent Decree in order to strengthen the CRS. Both the Plaintiffs and the City support these changes because they collectively recognize that the economic framework established under the Settlement Agreement and Consent Decree has not achieved its paramount goal of putting the system on track for full actuarial funding by 2045.
Will the proposed Amendments change my benefits?
No. The proposed Amendments are necessary to place the system on a trajectory toward full actuarial funding by 2045. The Settlement Agreement and Consent Decree will continue to protect pension and healthcare benefits on the same terms that have been in place since their adoption in 2015.
What is a class action?
In a class action, one or more people called class representatives sue on behalf of people who have similar claims. Together they are called the “Class.” Individuals in the Class are called “Class Members.” In a class action, one court resolves the issues for all Class Members.
Why is this lawsuit a class action?
In 2015, the Court decided that this lawsuit can proceed as a class action for purposes of settlement because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal court. When the Parties proposed to settle this class action over ten years ago, the Court had to determine whether the settlement was fair, adequate, and reasonable for all members of the Classes. Because the parties are now seeking to amend the settlement, the Court must once again determine whether these amendments are fair, adequate and reasonable.
Has the Court decided who is right? Why is there a Settlement?
No, the Court has not decided whether Plaintiffs or Defendants are correct. There has been no trial or final ruling on the proposed Amendments, and the Amendments do not represent an admission of any wrongdoing on the part of the City or any Defendant. Instead, the Parties determined it was in their best interests and the public interest to participate in a collaborative mediation process in which current issues relating to the CRS plan were addressed in an open, comprehensive, and exhaustive manner.
Why did I get this Notice? Am I a part of this class action Settlement Agreement and Consent Decree?
You are receiving this Notice because the City’s and the CRS’ records show that you are a member of either the Current Employees Class or the Retirees Class. As a Class Member, you are covered by the Settlement Agreement and the proposed Amendments discussed above.
What are the terms of the proposed Amendments to the Settlement Agreement and Consent Decree?
The terms of the proposed Amendments have been summarized above in Section III of this Notice. More information about the proposed Amendments is available at www.cincinnati-oh.gov/retirement.
When will the amendments to the Settlement Agreement and Consent Decree go into effect for me?
There will be a fairness hearing commencing on May 18, 2026, at 3:00 p.m. The Court will then decide whether to approve the proposed Amendments to the Settlement Agreement and Consent Decree. Class Counsel does not know how long it will take for the Court to make this decision.
Do I have an attorney in this case?
Yes. The Court previously approved attorneys Jeffrey S. Goldenberg and Robert D. Klausner to represent the Current Employees Class and Peter J. O’Shea to represent the Retirees Class. Through these Amendments, the Court is also being asked to add attorney Robb S. Stokar to represent the Current Employees. These attorneys are called Class Counsel. Class Counsel for the Current Employees Class are experienced in handling class actions against large entities, including municipalities. Class Counsel for the Retirees Class is experienced in handling this class action and representing the interests of the Reitrees Class.
You may, but do not need to, hire your own attorney because Class Counsel are working on your behalf. If you want your own attorney, you will have to pay for that attorney. For example, you can ask him or her to appear in Court for you if you want a lawyer to argue on your behalf at the fairness hearing.
How can I object to the proposed Amendments?
You and/or an attorney you hire at your own expense may object to the proposed Amendments to the Settlement Agreement and Consent Decree if you do not like any part of them, but you must follow these procedures for the Court to consider your objection:
- The objection must be in writing. A letter is sufficient. It must contain your name, your current address, specific reasons why you object to the proposed Amendments to the Settlement Agreement and Consent Decree (including any legal authorities), and a description of the evidence (documents or testimony) that you propose to introduce in support of the objection. You and/or your attorney you hire at your own expense must sign the objection.
- Your written objection must be filed with the Court and postmarked and mailed to the below addresses for Class Counsel and Defendants’ Counsel no later than April 20, 2026.
- If you have hired an attorney, that attorney must file a notice of appearance with the Court and postmark and mail such notice to the below addresses for Class Counsel and Defendants’ Counsel no later than April 20, 2026.
The Court’s address is: Office of the Clerk, Potter Stewart U.S. Courthouse, Room 103, 100 East 5th Street, Cincinnati, Ohio 45202.
Counsels’ addresses are:
Current Employees Class Counsel: Jeffrey S. Goldenberg, Goldenberg Schneider, LPA, 4445 Lake Forest Drive, Suite 490, Cincinnati, Ohio 45242
Retirees Class Counsel: Peter O’Shea, Katz Teller Brant & Hild, 255 East Fifth Street, Suite 2400, Cincinnati, Ohio 45202
Counsel for the City and CRS: Marion E. Haynes III, Deputy Solicitor, City of Cincinnati Law Department, 801 Plum Street, Room 214, Cincinnati, Ohio 45202
Counsel for the AFSCME: Kimm A. Massengill-Bernardin, General Counsel, Ohio Council 8, AFSCME, AFL-CIO, 6800 North High Street, Worthington, Ohio 43085-2512
If you do not follow the above procedures, including filing the objection by the date provided, you waive your right to object to the proposed Amendments to the Settlement Agreement and Consent Decree or take an appeal from any Court order, including any Order approving them.
Do I have to come to the fairness hearing?
No, but you are welcome to attend in person. The last step in the approval process is the fairness hearing, at which time the Court will hear all evidence and arguments necessary to conclusively evaluate the proposed Amendments to the Settlement Agreement and Consent Decree to determine whether they are fair, adequate, and reasonable and whether final approval is warranted. The fairness hearing will occur on May 18, 2026, at 3:00 p.m. at the United States District Court for the Southern District of Ohio, 100 East 5th Street, Cincinnati, Ohio 45202, Court Room 109.
You and/or an attorney you hire at your own expense may, but do not have to, appear at the fairness hearing to talk to the Court about your objections. Class Members or their attorneys intending to make an appearance at the fairness hearing, pursuant to their written objection, must do the following no later than April 20, 2026:
(a) File a notice of intention to appear with the Court;
(b) Deliver to Class Counsel and Defendants’ Counsel at the addresses above a copy of such notice of intention; and
(c) Identify any documents they will seek to introduce or witnesses they intend to call at the fairness hearing.
How do I get more information?
Go to www.cincinnati-oh.gov/retirement to get more information about the proposed Amendments to the Settlement Agreement and Consent Decree. You may also contact Current Employees Class Counsel or Retirees Class Counsel at the addresses listed above. Do not contact the Court.
- Collaborative Settlement Agreement
- Opinion and Order (doc 100)
- Consent Decree (Doc 105)
- Joint Motion (doc 180)
- Memo in Support (doc 181)
- Order Preliminarily Approving CSA Modification (doc 182)
- Supplemental FAQs (Frequently Asked Questions)