Question 1

Why did I get this notice?

Accepted Answer

You received the Notice because the Court in charge of this class action lawsuit
has ordered the Notice be sent to persons who are members of the Class and you
were identified from Sun Country’s records as a member of the Class. The Court
in charge of this case is the United States District Court for the District of
Minnesota, and the case is called Smith, et al., v. Sun Country, Inc., et al.,
Case No. 24-cv-619-KMM-EMB (D. Minn.)

The purpose of the Notice is to inform you about the lawsuit, the certification
of a Settlement Class, the terms of the proposed Settlement, your rights in
connection with the proposed Settlement, and a hearing to be held before the
Court on November 17, 2026 to consider the fairness, reasonableness, and
adequacy of the proposed Settlement and related matters.

Question 2

What is this lawsuit about?

Accepted Answer

The Complaint alleges that the Uniformed Services Employment and Reemployment
Rights Act (“USERRA”) and the terms of the Sun Country, Inc. 401(k) Profit
Sharing Plan (the “Plan”) required Sun Country to make employer contributions to
the Plan when pilots who took leaves of absence to perform qualified military
service returned from military leave.

The Complaint alleges that Sun Country violated USERRA by failing to make those
contributions since 2011 and that Sun Country and the Board of Trustees of the
Plan also violated the Employee Retirement Income Security Act of 1974, 29
U.S.C. § 1001 et seq. (“ERISA”), by failing to require to have Sun Country make
those contributions. All the claims in this lawsuit are brought under USERRA and
ERISA and are described in detail in the Complaint in this lawsuit, which is
available here [/important-documents].

Sun Country denies that it did anything wrong or violated any laws.

Question 3

What is a class action?

Accepted Answer

In a class action, one or more people called class representatives (in this
case, Nicholas Smith Derek George, and Taylor Lehr) sue on behalf of people who
have similar claims. If the Court “certifies” the class (i.e., approves the case
for class treatment), the Court resolves the issues for all class members.

Question 4

What has happened in this case?

Accepted Answer

Plaintiff filed this lawsuit on February 27, 2024.  After the lawsuit was filed,
Class Counsel requested and Sun Country agreed to provide various documents and
data about the claims.  After Sun Country agreed to provide those documents and
data, the Parties requested that the Court stay the case while Sun Country
provided the documents and data Plaintiffs’ counsel requested, and Plaintiffs’
counsel analyzed the data. As part of that process, Class Counsel hired an
expert to assist in the analysis of the data and the calculation of the amounts
that Plaintiffs contend that Defendants owed for past contributions plus lost
earnings.

After Class Counsel and Plaintiffs’ expert had completed their review and
analysis of the data and documents, Plaintiffs, Class Counsel and Defendant
participated in an in-person settlement conference with a Magistrate Judge on
August 22, 2025. No agreement was reached at that time and Sun Country agreed to
produce additional data through December 31, 2025, to allow Class Counsel to
assess whether Sun Country was now making 401(k) contributions for periods of
military leave. After Sun Country produced the additional data and Class Counsel
and Plaintiffs’ expert analyzed the additional data, Plaintiffs, Class Counsel
and Defendant participated in an in-person settlement conference with a
Magistrate Judge on June 10, 2026, at which time the parties reached a
settlement negotiated and reached a final Settlement Agreement.

On August 11, 2026, the Court certified the Class and preliminarily approved the
Settlement. The Court has scheduled a Final Approval Hearing to evaluate the
fairness and adequacy of the Settlement.

Question 5

Who is in the class and how do I know if I am a Class Member?

Accepted Answer

The Court has certified the following class for purposes of the settlement:

All current and former pilots of Sun Country, Inc. who are, or were participants
in the Sun Country, Inc. 401(k) Profit Sharing Plan and:

1. who, after becoming a Sun Country, Inc. employee, completed a period of
    qualified military service between July 21, 2011, and December 31, 2025;
    and 
 2. returned from that leave to be re-employed at Sun Country; and 
 3. who did not receive a pension contribution to the Plan with respect to such
    period of military service that was either:  
    * (A) if the employee’s rate was reasonably certain, at the rate the
      employee would have received but for the period of military service, or 
    * (B) if the employee’s rate is not reasonably certain, at the rate
      determined on the basis of the employee’s average rate of compensation
      during the 12-month period immediately preceding the qualified military
      leave (or, if shorter, the period of employment immediately preceding the
      period of qualified military service); and

All beneficiaries of the participants described above.

Excluded from the Class are: (i) any person who, prior to the Effective Date,
has settled or otherwise obtained a final, non-appealable judgment of dismissal
with prejudice on any claim that would otherwise fall within the scope of the
Released Claims; and (ii) the Fiduciary Defendants, their beneficiaries, and
their immediate family members, heirs, successors, and assigns.

Based on data provided by Sun Country, Class Counsel has identified
approximately 131 current or former Sun Country pilots who meet the definition
of the Class, plus their beneficiaries. If you received this Notice in the mail
or by email (without requesting that the Notice be sent to you), you are one of
the Class Members identified in Sun Country’s data. If you would like to confirm
that you are a Class Member, please contact the Settlement Administrator, whose
contact information is here [/faqs?id=21].

FAQs

Basic Information

The Proposed Settlement - Essential Terms

The Lawyers Representing You And The Class

How To Proceed

The Court's Fairness Hearing

Settlement Not Yet Final

Getting More Information

Basic Information

1. Why did I get this notice?

2. What is this lawsuit about?

3. What is a class action?

4. What has happened in this case?

5. Who is in the class and how do I know if I am a Class Member?

6. Why is there a Settlement?

7. How do I know if I am part of the Settlement?

The Proposed Settlement - Essential Terms

8. What are the terms of the proposed Settlement?

9. How can I receive payment under the settlement and how much payment will I receive?

10. What am I giving up as a result of this settlement?

The Lawyers Representing You And The Class

11. Do I have a lawyer in this case?

12. How will the lawyers be paid & what will the class representatives receive?

13. Will anyone besides the Court review the Settlement?

How To Proceed

14. What are my options?

15. How do I tell the Court what I think about the Settlement?

16. Can I opt out of the Class?

The Court's Fairness Hearing

17. When and where will the Court decide whether to approve the Settlement?

18. Do I have to come to the Fairness Hearing?

19. May I attend the Fairness Hearing?

Settlement Not Yet Final

20. Can the settlement be terminated?

Getting More Information

21. Where can I get more information?