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.
If you are eligible to receive a payment under the approved Settlement Subclass or the approved PCC Subclass, the independent Class Action Administrator will send you a check. Payments will commence on August 12, 2022.
NOTICE TO ALL MEMBERS OF THE CERTIFIED CLASS IN GERALD K. KANDEL v. UNITED STATES, No. 06-872C, WITH RESPECT TO YOUR LAWYERS’ MOTION TO HAVE THE UNITED STATES GOVERNMENT PAY ALL THE FEES AND EXPENSES INCURRED BY YOUR LAWYERS AND BY THE CLASS ACTION ADMINISTRATOR.
Plaintiffs’ counsel has made a motion to the court for payment by the united states of the court-appointed plaintiffs’ counsels’ attorney fees and out-of-pocket expenses in the litigation of this case for fifteen years since 2006, including the fees and costs of the court-appointed class action administrator to the end of the case.
You and all other members of the certified class will not pay any of the fees and expenses because if the court orders such payment, only the united states government will be required to pay all of the fees and expenses.
Because you will not pay any fees and costs, Class Counsel will retain any payment by the United States of fees and costs which they have incurred as fees and out-of-pocket expenses in this litigation. Class Counsel has requested that the Court award them reasonable fees and expenses pursuant to the Equal Access To Justice Act, 28 U.S.C. § 2412(a), (b) (and/or Section (d)(1)(A) of the “Equal Access to Justice Act”). Class Counsel has also requested that the Court award Epiq Class Action and Claims Adjustments, Inc. (“Epiq”) reasonable fees and costs which the court-appointed Class Action Administrator has incurred in this litigation over a period of years.
Read this notice carefully. If you wish to object to the proposed motion by Class Counsel to have the United States pay all the fees and expenses of your lawyers, and all the fees and costs of the Class Action Administrator (“Epiq”), either in writing or during a forthcoming hearing to be held by the Court as to whether or not to approve your lawyers’ motion to have the UNITED STATES GOVERNMENT PAY THE FEES AND EXPENSES, you may do so by filing your objection in this case to the United States Court of Federal Claims in writing in Washington, D.C.
This notice is intended to inform you and all class members that you are not required to take any additional action as a class member at this time but as a member of the Class, you may approve of, object to, or comment on the motion of Class Counsels’ request for fees and expenses to be paid only by the United States.
This notice is intended to provide you with general information about the Motion by your lawyers TO HAVE THE UNITED STATES GOVERNMENT PAY ALL THE FEES AND EXPENSES OF THE LAWYERS AND THE FEES AND COSTS OF THE CLASS ACTION ADMINISTRATOR, and any proposed settlement of the motion to pay the fees and expenses of this class action. You may request additional information, including information concerning Class Counsel’s request for fees, by contacting THE CLASS ACTION ADMINISTRATOR at the address listed on this website.
If the Court holds a hearing via video conferencing at the United States Court of Federal Claims, 717 Madison Place, NW, Washington, DC 20439, to determine whether it should approve the proposed motion to have the United States Government pay all the fees and expenses of Plaintiffs’ lawyers and the fees and costs of the Class Action Administrator, you will be notified on THIS WEBSITE. If you have an objection to this motion, 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 a date which will be posted on THIS WEBSITE.
Class members who support the proposed MOTION do not need to take any action to indicate their approval. For more information about this case, you may call the Class Administrator toll-free at 1-866-329-5558.
The Court has approved payments to eligible claimants under the Kandel v. United States settlement. Settlement checks will be distributed to each eligible Class Member.
THE COURT HAS APPROVED THE PARTIAL SETTLEMENT AGREEMENT 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.
On June 25, 2021, the Court approved a partial settlement agreement, under which 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 PCC settlement agreement, as well as the Final Order approving the PCC settlement agreement, Plaintiffs’ Motion for Approval of the Settlement, and the notice distributed to the PCC Subclass, can be viewed 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