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 WITH THE GOVERNMENT INVOLVING LUMP-SUM PAY FOR UNUSED ANNUAL LEAVE TO CLASS CLAIMANTS WHO FILED A VALID, TIMELY CLAIM.
A partial settlement agreement has been agreed to in this case, 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.
The Court will hold a hearing via video conference at the United States Court of Federal Claims, 717 Madison Place, NW, Washington, DC 20439 at 11:00 a.m. (EDT) on September 30, 2020, 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 September 15, 2020.
Class members who support the proposed settlement do not need to take any action to indicate their approval. The Settlement Agreement, as well as Plaintiffs’ motion for approval of the settlement, can be viewed in its entirety on the Important Documents page.
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