Lake Class Action Case
Case No: Gaston: 12-CVS-1547

Class Information

On September 2, 2016 the Honorable Judge Edwin Wilson certified the Case as a class action, meaning there are now approximately 222,000 members of the “Plaintiff Class.”  The Plaintiff Class includes all state retirees who vested in retirement health benefits and certain surviving spouses.  The Plaintiff Class specifically includes:

  1. All members of the N.C. Teachers’ and State Employees’ Retirement System (“TSERS”) who retired before January 1, 1988;
  2. TSERS members who retired on or after January 1, 1988, were hired before October 1, 2006 and have 5 or more years of contributory service with the State of North Carolina; and,
  3. Certain surviving spouses of former State employees or retirees provided that the death of the employee or retiree occurred prior to October 1, 1986.

If you received a postcard in the mail regarding this case, our records and the records of the Retirement System show that you are a member of the class.  Individuals who are only receiving pension payments from the Local Government Employees Retirement System (LGERS) and do not receive pension payments from TSERS are not a part of the class.
If the Court rules in favor of the Plaintiff Class, individual class members may be entitled to recovery of some previously paid premiums or out-of-pocket healthcare expenses and to certain healthcare benefits going forward.

Important Dates

October 17, 2016
Summary Judgment Response Briefs Due

October 31, 2016
Deadline to Opt-out of Class

November 7, 2016
Summary Judgment Reply Briefs Due

November 14, 2016
Summary Judgment Hearing in Forsyth County

May 19, 2017
Partial Summary Judgment Order Issued in Favor of Plaintiffs

June 2, 2017
Defendants File Notice of Appeal

December 5, 2017
Defendants and Plaintiffs File Joint Petition for Discretionary Review to the NC Supreme Court

April 23, 2018
Defendant's Brief filed

June 22, 2018
Plaintiff's Response Brief filed

August 1, 2018
Defendant's Reply Brief filed

November 29, 2018
Oral Argument before the North Carolina Court of Appeals

October 4, 2021
NC Supreme Court Oral Arguments

March 11, 2022
NC Supreme Court Issues Opinion


This site is not affiliated with the N.C. State Health Plan, the Teachers' and State Employees' Retirement System or any other State agency.  The State is not responsible for any content on this site.

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