NextEra Energy’s $8 Million 401(k) Settlement Had a Final Hearing Set for September 18, 2026 — No Ruling Posted Yet as of October 13. There Is No Claim Form, and Many Small Accounts Get Nothing.
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Stewart v. NextEra Energy, Inc., Case No. 9:23-cv-81314-AMC, United States District Court for the Southern District of Florida, Judge Aileen M. Cannon. NextEra would pay $8,000,000 to end claims that it let its employee 401(k) plan pay excessive fees and used forfeited contributions to cover its own matching contributions — allegations the company denies. The class is everyone in the NextEra Energy, Inc. Employee Retirement Savings Plan from September 25, 2017 through March 17, 2026; 55,141 notices went out on April 7, 2026, and not one objection came in by the July 6, 2026 deadline. The final approval hearing was set for September 18, 2026. As of October 13, 2026, the official site, NextEraERISASettlement.com, posts no final approval order. Class counsel ask for $2,666,666.66 in fees. Current participants would get a deposit into their plan account; former employees a check, with a $25 minimum. Nobody has to file a claim.
By Settlement Insight Data Desk ·

The short answer: no form to file, and no money until the judge signs off
If you were in NextEra Energy's employee retirement savings plan and got a letter about a “NextEra Energy settlement” involving your 401(k), this is the case: John Stewart v. NextEra Energy, Inc., a retirement-plan class action in federal court in Florida. The deal is $8,000,000. The official site's first instruction is the one that matters most: “You can do nothing. (No action is necessary to receive a payment.)” There is no claim form. The parties' final-approval motion confirms it: “No claim form is required.”
What has not happened yet, as far as the public record we could check shows, is final approval. Judge Aileen M. Cannon granted preliminary approval on March 17, 2026 and set the final approval hearing for September 18, 2026 at 10:00 a.m. at the federal courthouse in Fort Pierce. The parties filed a joint motion for final approval on August 27, 2026. As of October 13, 2026, the settlement website still lists the September 18 hearing as its last key date, and its documents page ends with that motion — no final order, no judgment, no payment date. We could not check the court docket directly on the day of writing, so a ruling may exist that the site has not yet posted. Until there is one, no money moves to class members.
Even after approval, it will not be quick. The site itself warns: “Information concerning your individual share of the Net Settlement Amount will not be available for a number of months after the Court grants Final Approval of the Settlement and any appeals are resolved.”
Who is in the class, and what each person gets
The class is mandatory and broad: “All persons who participated in the Plan at any time during the Class Period,” plus beneficiaries of deceased participants and alternate payees under a divorce order (a QDRO). The plan is the NextEra Energy, Inc. Employee Retirement Savings Plan, including predecessor and successor plans, and the class period runs from September 25, 2017 through March 17, 2026. The administrator, American Legal Claim Services, mailed 55,141 notices on April 7, 2026; 3,559 were remailed after address tracing and 1,517 were ultimately undeliverable, a 97.25% deemed-delivery rate according to the parties.
Payments are not equal. The administrator calculates each member's average account balance over the class period and gives each person a pro rata share of the net fund based on that balance. Two rules cut people out entirely. First, a former participant whose share works out to less than $25 gets nothing: “that Settlement Class Member's payment or pro rata share shall be zero for all purposes.” Second, the plan never charged fees to small accounts — “the Plan did not charge administrative fees or expenses to Plan participants whose individual accounts in the Plan had a balance of less than $5,000 during the Class Period” — and members who paid no fees get a share of zero.
How the money arrives depends on whether you still have an account. “If you have an Active Account in the Plan, the Settlement Administrator will cause your Settlement payment to be deposited into your Plan account. If you are a Former Plan Participant, the Settlement Administrator will cause your Settlement payment to be mailed to the same address where this Class Notice was mailed to you.” Checks expire 120 days after their issue date, and uncashed money goes back into the settlement fund.
How much? Nobody has published a per-person figure. A rough ceiling, by our arithmetic: if the judge approves the full fee and expense request, about $5.3 million is left before administration costs, taxes and a reserve of up to $35,000. Spread across 55,141 notice recipients, that is under $100 a head on average — but because shares follow account balances and small accounts drop out, long-tenured employees with large balances will get much more than that and many people will get nothing.
What you can do now — and the deadlines that already passed
For most people the answer is: nothing, except keep your address current. The objection deadline was July 6, 2026, and according to the final-approval motion it “passed without a single objection.” There is no opt-out; the court conditionally certified a mandatory class, which the FAQ explains means “you cannot opt out of the benefits of the Settlement in order to pursue your own claims.” If approved, the settlement releases the claims against NextEra for every member.
Former employees should make sure the administrator can reach them, because the check goes to the address where the notice went. The site's Update Address page needs the Notice ID and PIN printed on your notice. You can also write to Stewart v NextEra, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241, with your full name, old and new address and Notice ID. Name changes after marriage or divorce, and claims by heirs of a deceased participant, need documents: a marriage license, divorce decree or court order, or a death certificate plus proof that you are the legal beneficiary. The administrator's phone line is (800) 564-5820; class counsel Brandon J. Hill of Wenzel Fenton Cabassa, P.A. in Tampa can be reached at (813) 224-0431. The notice asks members not to contact NextEra or the court.
On timing, the settlement agreement sets the sequence. The approval order becomes final “thirty (30) calendar days after its entry” if nobody appeals. Under the agreement, NextEra was to deposit a first installment of $100,000 after preliminary approval to cover notice costs; the rest of the $8 million is due “within thirty (30) calendar days after the Settlement Effective Date.” Fees and the distribution come after that. By our arithmetic, even if the judge had signed an order on the hearing day, the full fund would not have been due before about mid-November 2026, and account credits and checks would follow later. No distribution date has been announced.
Real or a scam: how to tell
The notice is genuine if it came by first-class mail and points to nexteraerisasettlement.com — the preliminary approval order directed class counsel to mail it and set up that website. Because there is no claim process, nobody legitimate will ask you to pay a fee, log in to your Fidelity account through a link, or hand over your Social Security number to “release” a NextEra 401(k) payment. Current participants will see any money as a credit inside the plan; former participants get a paper check. If a message asks for anything else, check it against the official site or call the administrator at the number above.
Watch out for name confusion, too: there are at least three other NextEra settlements in the news, and none of them pays 401(k) participants. They are described below.
Which NextEra Energy settlement is yours?
The 401(k) case (this page). Employees and former employees in the retirement savings plan. $8 million, no claim form, awaiting final approval as of October 13, 2026.
The $15.5 million shareholder derivative deal. Directors' and officers' insurers would pay $15.5 million to NextEra itself, not to investors, to end suits over an alleged “dark money” political influence scheme. A Palm Beach County judge holds the hearing on December 14, 2026 at 3:00 p.m.; objections are due by November 30, 2026. There is nothing to claim. Our separate report explains it.
The $150 million investor class action. In Jastram v. NextEra Energy, the same Judge Cannon denied preliminary approval of a $150 million securities settlement in August 2026 and allowed the parties to refile; E&E News reported that she questioned the plaintiffs' estimate of “at least 200,000 members.” As of October 13, 2026 we have seen no approved claim process.
The $9.5 million nuclear wage-fixing deal. NextEra agreed to pay $9.5 million to settle allegations that it “conspired with other nuclear energy producers to fix wages,” according to a notice filed in Maryland federal court. That answers a common search, “Does NextEra have nuclear plants?” — the wage case was brought against NextEra as one of the nuclear plant operators, and Reuters headlined it “NextEra Energy settles nuclear plant wage lawsuit for $9.5 million.” That money is for nuclear-industry workers in the proposed class, not 401(k) participants or investors.
Questions such as whether NextEra has ever split its stock or what its credit rating is have nothing to do with any of these settlements, and this page does not answer them. NextEra's investor relations site is the place for stock and credit information.
How this fits: a forfeiture case that settled for about 37 cents on the dollar
John Stewart sued on September 25, 2023 and filed an amended complaint on February 19, 2025. The core claim is one that has been filed against dozens of large employers: that the company, as plan fiduciary, used forfeitures — employer contributions left behind by employees who quit before vesting — “to offset Defendant's matching contributions to the Plan before using Plan forfeitures to pay all Plan administrative expenses, in violation of the governing Plan language,” and let the plan pay higher fees than necessary. Fidelity is the plan's recordkeeper. The complaint describes the plan as “commonly referred to as a 401(k) plan” with about $5 billion in assets and 20,961 participants with balances at the end of 2023 — which is why far more notices went out than there are current accounts: former employees from the whole class period are included. NextEra “denies each and every allegation of wrongdoing” and says it has no liability.
The parties call the result strong. The $8 million is “approximately 37% of Class Counsel's estimated potential monetary recovery of about $22 million.” An independent fiduciary, Gallagher Fiduciary Advisors, reviewed the deal for the plan and approved it. Under the agreement, counsel could ask for up to 33% in fees; their April 6, 2026 motion asks for one-third, $2,666,666.66, plus $44,921.18 in expenses. The named plaintiff receives no service award. Nothing returns to NextEra: leftover money goes to the plan to pay plan expenses no sooner than 150 days after the settlement becomes effective, and there is no cy pres recipient. The next event is Judge Cannon's ruling on final approval and fees. We will update this page when an order is posted.
The Data Behind This Story
- Case
- John Stewart v. NextEra Energy, Inc., No. 9:23-cv-81314-AMC (ERISA class action)
- Court
- U.S. District Court for the Southern District of Florida, Judge Aileen M. Cannon; preliminary approval March 17, 2026
- Settlement
- $8,000,000 — about 37% of class counsel’s estimated $22 million potential recovery
- Class
- Participants in the NextEra Energy, Inc. Employee Retirement Savings Plan, September 25, 2017 – March 17, 2026, plus beneficiaries and alternate payees; mandatory, no opt-out
- Final approval hearing
- Set for September 18, 2026, 10:00 a.m., Fort Pierce; no final order posted on the official site as of October 13, 2026
- Claim form
- None — payment is automatic if the settlement is approved
- How paid
- Current participants: credit to plan account · Former participants: mailed check, $25 minimum, void after 120 days
- Who gets zero
- Former participants whose share is under $25; members who paid no plan fees (accounts under $5,000 were not charged)
- Notices
- 55,141 mailed April 7, 2026; 1,517 undeliverable; 97.25% deemed delivered; no objections by July 6, 2026
- Fees requested
- $2,666,666.66 (one-third) plus $44,921.18 expenses; no service award
- Leftover money
- Paid to the plan for plan expenses — no reversion to NextEra, no cy pres
- Administrator
- American Legal Claim Services — nexteraerisasettlement.com · (800) 564-5820 · PO Box 23459, Jacksonville, FL 32241
- Source: NextEraERISASettlement.com — home page, Key Dates, Important Court Documents and FAQ, read October 13, 2026: case number, $8,000,000 amount, filing dates, September 18, 2026 hearing, July 6, 2026 objection deadline, class definition and period, allocation formula, $25 minimum, $5,000 fee rule, payment method, mandatory class, contacts; no final approval order listed
- Source: Order Preliminarily Approving Class Settlement, Judge Aileen M. Cannon, March 17, 2026, ECF No. 86, read October 13, 2026: preliminary approval, mandatory Rule 23(b)(1) class, notice and website requirements, deadlines including April 7 notice and August 28 final-approval motion, September 18, 2026 hearing
- Source: Class Action Settlement Agreement, ECF No. 84-3, filed February 27, 2026, read October 13, 2026: definition of Final (30 days), $100,000 first installment, remainder within 30 days of the Effective Date, 120-day check expiry, residual to the Plan after 150 days, $35,000 reserve, $25,000 independent-fiduciary cap, 33% fee cap
- Source: Plaintiff’s Motion for Attorneys’ Fees and Reimbursement of Out-of-Pocket Expenses, ECF No. 87, April 6, 2026, read October 13, 2026: one-third fee of $2,666,666.66 and $44,921.18 in expenses
- Source: Joint Motion for Final Approval of Class Action Settlement Agreement, ECF No. 89, August 27, 2026, read October 13, 2026: 55,141 notices, remail and undeliverable counts, 97.25% delivery, no objections, 37% of about $22 million, Gallagher approval, no claim form, no service award, no reversion or cy pres, Fidelity as recordkeeper, ALCS as administrator
- Source: NextEra Energy Form 8-K, Exhibit 99.1, Notice of Pendency and Proposed Settlement of Derivative Actions (SEC EDGAR), read October 13, 2026: $15.5 million payment to NextEra, December 14, 2026 hearing, November 30, 2026 objection deadline
- Source: E&E News (POLITICO), “Judge denies proposed settlement between NextEra Energy, Florida investors,” August 11, 2026, read October 13, 2026: denial of preliminary approval of the $150 million securities settlement, refiling allowed, 200,000 class estimate
- Source: Cohen Milstein “In the News” page reproducing Law360, “NextEra Cuts $9.5M Deal in Nuclear Power Wage-Fixing Case,” and Reuters headline via TradingView, read October 13, 2026: separate $9.5 million nuclear wage-fixing settlement in Maryland federal court
Journalists: these figures are free to cite with attribution to Settlement Insight. Custom data pulls: press@settlementinsight.com.