Welcome to the website for the class action case affecting certain Federal Government employees who retired, separated, or died from October 14, 1993 to September 6, 1999 who were paid a lump-sum payment for unused annual leave but were not paid a supplemental lump-sum payment to include a COLA or locality pay increase that became effective shortly after they retired or separated.
A PARTIAL SETTLEMENT HAS BEEN AGREED TO IN THE CASE OF KANDEL ET AL. V. UNITED STATES INVOLVING LUMP-SUM PAY FOR UNUSED ANNUAL LEAVE TO 492 CLAIMANTS WHO FILED A TIMELY CLAIM WITH THE CLASS ADMINISTRATOR AND DID NOT PROVIDE EITHER A PCC FORM 2764 OR A SOCIAL SECURITY NUMBER.
Under this partial settlement agreement, the United States will pay a lump sum to a Settlement Fund to settle class action claims for lump-sum payment for unused annual leave by 492 former employees of the PCC who filed valid, timely claims for back pay and had separated at different times on and between September 23, 1996, and September 6, 1999. The settlement agreement includes only 492 former employees of the Panama Canal Commission (“PCC”) for whom the Class Administrator does not have either a Social Security number (SSN) or a PCC Form 2764. The settlement does not include a settlement of attorney fees, costs, and expenses, or costs and expenses of the Class Administrator, pursuant to the Equal Access to Justice Act (“EAJA”).
Each member of the certified PCC Subclass will receive a distribution of the Settlement Fund of $75. The United States Court of Federal Claims denied the payment of interest under the Back Pay Act. The United States Court of Appeals for the Federal Circuit affirmed the decision by the United States Court of Federal Claims. Defendant does not admit any wrongdoing or liability on its part; the proposed settlement is for payment of authorized individual claims. The settlement provides that there will be no deductions of United States taxes.
The Court will hold a hearing by government Zoom videoconferencing at the United States Court of Federal Claims, 717 Madison Place, NW, Washington, DC 20439, at 1:30 p.m. (EDT) on May 25, 2021, to determine whether it should approve the proposed settlement. If you wish to be heard orally in opposition to the proposed settlement, you must so state as part of your timely filed objection. Written objections to the proposed settlement by class members will be considered by the Court but only if such objections are filed in writing with the Clerk of the Court by mail postmarked no later than May 10, 2021. Class members who support the proposed settlement do not need to take any action to indicate their approval.
This Settlement Agreement, as well as Plaintiffs’ Motion for Approval of the Settlement and the notice distributed to the PCC Subclass, can be viewed in its entirety on the Important Documents page of this website.
ON OCTOBER 30, 2020, THE COURT APPROVED A PARTIAL SETTLEMENT AGREEMENT WHICH DOES NOT INCLUDE THE 492 MEMBERS OF THE PCC SUBCLASS.
On October 30, 2020, the Court approved a partial settlement agreement, under which the United States will pay a lump sum to a Settlement Fund to settle valid, timely class action claims for lump-sum payment for unused annual leave by former employees of thirty-one (31) federal agencies who filed valid, timely claims for back pay and had separated at different times on and between October 14, 1993, and September 6, 1999. The partial settlement does not include former employees of the Panama Canal Commission (“PCC”) who did not produce information that demonstrates, or would lead to the discovery of records that would demonstrate, that the claimants had unused annual leave upon their separation, or potential entitlement to supplemental payments for that unused annual leave, such as either a Social Security Number (SSN) or a PCC Form 2764. The partial settlement also does not include a settlement of attorney fees, costs, and expenses, and costs and expenses of the Class Administrator, pursuant to the Equal Access to Justice Act (“EAJA”).
Each member of the certified class will receive a proportionate distribution of the Settlement Fund based upon the cost of living adjustments (COLAs), locality pay adjustments, and/or foreign post allowances, living quarters allowances, and separate maintenance allowances, and/or Sunday pay (for those who had separated on or before October 1, 1997) that each eligible individual settlement class member should have received for accumulated and accrued unused annual leave. The United States Court of Federal Claims denied the payment of interest under the Back Pay Act. The United States Court of Appeals for the Federal Circuit affirmed the decision by the United States Court of Federal Claims.
THIS IS NOT A SCAM OR A SOLICITATION BY AN ATTORNEY. THIS NOTICE HAS BEEN AUTHORIZED BY A FEDERAL JUDGE OF THE UNITED STATES COURT OF FEDERAL CLAIMS IN WASHINGTON, D.C.
This website will be updated periodically with new developments in the progress of this case.
NOTICE: This website provides a summary of the Plaintiffs’ claims and the procedure to be followed to file a claim, and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.
Questions? Contact the Independent Class Action Administrator at 1-866-329-5558