AmerisourceBergen ERISA Settlement: Class, Payouts, and Timeline

The AmerisourceBergen ERISA settlement is a $625,000 class action resolution of Dukes v. AmerisourceBergen Corporation, a lawsuit accusing the pharmaceutical distributor of allowing excessive fees in its 401(k) plan. A federal judge in Kentucky granted final approval on December 15, 2025.¹²³

Who Is in the Settlement Class

The class covers anyone who participated in the AmerisourceBergen Employee Investment Plan between June 20, 2017, and August 29, 2025, along with their beneficiaries and alternate payees.⁴ The class numbers more than 51,000 people.²

The court certified the class under Federal Rule of Civil Procedure 23(b)(1), which means class members could not opt out.²

How Much You Will Receive and How

You do not need to file a claim. Payments are calculated under a court-approved plan of allocation and distributed automatically.⁵

If you still have an active account in the plan, your share will be deposited directly into that account. If you no longer have an active account, whether you are a former participant, beneficiary, or alternate payee, you will receive a check, but only if your allocation is more than $10.⁵

The average net payout is about $7 before all deductions and roughly $5.85 after. Individual amounts vary based on the allocation formula, so participants with larger balances or longer tenure during the class period will receive more.²

Why the Payments Are So Small

The $625,000 gross fund represents about 19.5% of the losses the plaintiffs alleged.² Split across more than 51,000 class members, the arithmetic alone produces a small per-person figure before any costs come out.

Several deductions reduce it further. The court approved attorneys’ fees of $208,333.33, which is one-third of the gross fund and the maximum allowed under the settlement agreement.³ Litigation expenses, administrative costs, and taxes also come off the top, along with case contribution awards of up to $5,000 for each of the four named plaintiffs.⁵

What the Lawsuit Alleged

Kenneth Dukes and three co-plaintiffs filed the case on June 20, 2023, in the U.S. District Court for the Western District of Kentucky, and amended it in October 2023. They sued AmerisourceBergen Corporation, its Benefits Committee, and its Board of Directors, alleging the defendants breached their ERISA fiduciary duties by allowing excessive recordkeeping and administrative fees in the 401(k) plan.⁶

The complaint alleged that the plan paid Fidelity, its recordkeeper and trustee, a per-participant fee amounting to a 96% premium over what comparable plans paid for similar services, and that the board failed to adequately monitor the benefits committee.⁷ The plan held approximately $1.86 billion in assets at the end of 2023 and had roughly 26,000 active participants.⁸

The defendants denied all allegations of wrongdoing or liability and settled without admitting fault.⁵

Approval Timeline and Payment Status

Judge David J. Hale granted preliminary approval on August 29, 2025.² The deadline to object or notify the court of an intent to appear at the fairness hearing was October 17, 2025, and the fairness hearing was held in Louisville on November 7, 2025.⁴ No objections were filed. Judge Hale granted final approval on December 15, 2025, and dismissed the case with prejudice while retaining jurisdiction to oversee payment.¹

As of mid-2026, the official settlement website still stated that the court had yet to authorize payments and that distributions would be made only after approval was final and any appeals resolved.⁴ No appeals appeared on the docket, and the site may simply not have been updated. If you are waiting on payment, check the site periodically or contact the administrator.

Contacting the Settlement Administrator

Analytics Consulting LLC, based in Chanhassen, Minnesota, is administering the settlement. You can reach the administrator by email at privacy@analyticsllc.com or by mail at 18675 Lake Drive East, Chanhassen, MN 55317.⁹

1
PACER Monitor. Dukes et al v. AmerisourceBergen Corporation et al
2
Bloomberg Law. AmerisourceBergen Gets Court Nod for 401(k) Plan Fee Settlement
3
Davis & Harman. DH Settlement Survey 2025
4
AmerisourceBergen ERISA Settlement. AmerisourceBergen ERISA Settlement Homepage
5
AmerisourceBergen ERISA Settlement. Frequently Asked Questions
6
CourtListener. Dukes v. AmerisourceBergen Corporation
7
Bloomberg Law. AmerisourceBergen 401(k) Targeted in Lawsuit Over Excessive Fees
8
StreetInsider. Form 11-K, Cencora Inc.
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AmerisourceBergen ERISA Settlement. Privacy Policy and Terms of Use