A couple of our plan sponsors received notices that their plan is one of the settlement class members covered by some class action against a bank. The period covers some foreign transaction fees from 1997 to January 2019. If they do nothing, it explains that a small percentage of the settlement may be sent to them, if the court approves. Does this mean that years from now, the plan fiduciaries will receive some small check to allocate to participants to offset expenses paid by the plan from 1997 to January 2019? Would it be better to just write back asking to be excluded from the settlement? Or would that be a fiduciary breach?

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We have a calendar year plan that had an employer matching safe harbor contribution for 2018. They stopped the safe harbor match as of 11/15/18. Does the ADP and ACP test need to cover only the period from 11/16/18 -- 12/31/18, or does it need to pass the tests for the whole year?