The following was released today by Bottini & Bottini, Inc. and Gainey &
The Law Firms of:
Bottini & Bottini, Inc.Gainey & McKenna
Announce a Proposed Class Action Settlement on behalf of ING Americas
Savings Plan and ESOP and the ING 401(k) Plan for ILIAC Agents.
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIAATLANTA
IN RE ING GROEP, N.V.
) MASTER FILE NO.
THIS DOCUMENT RELATES TO:
SUMMARY NOTICE OF CLASS ACTION SETTLEMENT
To: All persons who were participants in or beneficiaries of the ING
Americas Savings Plan and ESOP and the ING 401(k) Plan for ILIAC Agents
(together, the "Plans") at any time during the period starting on June
1, 2007, through November 5, 2012 (the "Relevant Period"), and whose
accounts included investments in American Depository Shares of ING
Groep, N.V. traded on the New York Stock Exchange ("ING Stock"); and as
to each such person, his, her, or its beneficiaries, heirs, agents,
executors, administrators, alternate payees (including spouses of
deceased persons who were participants of the Plans), and
successors-in-interest (the "Settlement Class").
A proposed settlement (the "Settlement") has been preliminarily approved
by the United States District Court for the Northern District of Georgia
(the "Court") in a class action alleging breaches of fiduciary duties
under the Employee Retirement Income Security Act of 1974, as amended,
codified as 29 U.S.C. § 1000 et seq. ("ERISA") in connection with
the Plans. This Settlement will provide for a payment of $3,500,000 to
the Settlement Fund. Upon final approval, the Settlement Fund, less
Court-approved attorneys' fees, expenses, and incentive awards to Named
Plaintiffs, and other costs as the Court may allow, will be divided
among Settlement Class members pursuant to a Plan of Allocation.
On May 21, 2013, a Fairness Hearing will be held before the Honorable
Julie E. Carnes, United States District Judge, in Courtroom 2107, at the
Richard B. Russell United States Courthouse, 75 Spring Street SW,
Atlanta, Georgia 30303, to decide whether to grant final approval of the
If you are a Settlement Class member, you have the right to object to
the Settlement by writing to the Court postmarked on or before May 7,
2013, but you do not have the right to exclude yourself from the
If you did not receive a copy of the Notice of Class Action Settlement
by mail, but you believe that you are a member of the Settlement Class
as defined above, you may access the Notice through INGErisaSettlement.com.
You may also request a copy of the Notice, free of charge, by calling
866-778-9469 or contacting one of the following law firms representing
Plaintiffs and the Settlement Class:
Copies of the Settlement Agreement, and additional information regarding
the Settlement, are available at INGErisaSettlement.com.
Please do not direct your inquiries about the Settlement to the
Defendants, the Court or the Clerk of the Court.
DATED: February 14, 2013
BY ORDER OF COURT
SOURCE:BOTTINI & BOTTINIGAINEY & MCKENNA
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