BASIC INFORMATION
A Court authorized this website to inform you of the proposed Settlement and about all of your options before the Court decides whether to give “final approval” to the Settlement. This website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for those benefits, and how to get them.
You may have received a notice due to the federal government’s records indicating individuals who retired or separated from a federal agency (that is listed below) at some point from October 14, 1993 to September 6, 1999 that maybe qualified for a significant supplemental lump-sum payment.
This lawsuit is about whether your former federal agency violated federal pay statutes by failing to pay a supplemental lump-sum payment to former federal employees after an annual COLA increase or other pay increase went into effect during the period of the former employee’s unused annual leave (projecting forward from the date of retirement, separation, or death the number of days of unused annual leave). The Plaintiffs in the lawsuit claim that certain federal agencies did not include in a supplemental lump-sum payment for unused annual leave the pay increase that the employee would have earned if he or she had remained a federal employee for the period of their unused annual leave from October 14, 1993 to September 6, 1999.
This case also applies to a special group of USIA, USAID, and PCC employees who retired or separated in a foreign area and had been paid a foreign post housing allowance immediately before their retirement or separation, but the foreign post housing allowance was not included in those employees' lump-sum payment for unused annual leave.
As a separate matter, this case also applies to employees who were paid Sunday premium pay in the pay period immediately before retirement, separation, or death during the period from October 14, 1993 to September 30, 1997, but the Sunday premium pay was NOT INCLUDED in the calculation of the lump-sum payment for unused annual leave that was paid to you.
In a class action lawsuit, one or more people called “Class Representatives” (in this case, several retired federal employees) sue on behalf of other employees who have similar claims. The former employees who “opt-in” are called a “Class,” or “Class Members.” The people who sued – and all Class Members like them – are the “Plaintiffs.” The United States is called “Defendant.” In a class action in the United States Court of Federal Claims in Washington, D.C., one court resolves the issues for all Class Members who choose to join the lawsuit.
The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Rule 23 of the Rules of the United States Court of Federal Claims, which governs class actions in the United States Court of Federal Claims. Specifically, the court found that:
For more information, see the Court’s Order, which is available here.
THE CLAIMS IN THE LAWSUIT
The Plaintiffs are asking for money damages for the amount of a supplemental lump-sum payment for unused annual leave that they claim was not paid to all eligible former employees who file an “opt-in claim form” as Class Members. This means that if you retired or separated from the federal government with unused annual leave, you may be eligible for a significant supplemental lump-sum payment when and if the court finds that your agency did not comply with the law if you file an official “opt-in claim form.” Some Class Members may be entitled to more or less depending on their individual circumstances.
Defendant denies plaintiffs’ allegations. Specifically, defendant asserts that there has been no systematic failure by the federal government to properly pay its former employees who retired, separated, or died the proper lump-sum payment for their accumulated, unused annual leave.
The Court has not decided whether the United States or the plaintiffs are correct as to the issues of a supplemental lump-sum payment. A partial settlement has been approved by the court, involving lump-sum pay for unused annual leave to class claimants who filed a valid, timely claim. Defendant does not admit any wrongdoing or liability on its part; the approved settlement is for payment of authorized individual claims before deduction of approved taxes.
Plaintiffs seek a supplemental lump-sum payment for unused annual leave that they claim was not paid by certain agencies of the federal government. Plaintiffs also seek attorney fees and costs.
On October 30, 2020, the Court approved payments to eligible claimants under the Kandel v. United States partial settlement agreement, and on June 25, 2021, the Court approved payments to eligible PCC claimants under the Kandel v. United States PCC partial settlement agreement. Both partial settlement agreements can be viewed on the Important Documents page of this website. If you are eligible to receive a payment under the approved partial settlement or the approved PCC partial settlement, the independent Class Administrator will send you a check.
WHO IS IN THE CLASS ACTION
The Rules of the federal court require that Class Members choose to “opt-in” to a class action. In order to be part of this class action, you must have filed a valid, timely claim before the deadline of October 5, 2015.
The Court decided that the Class consists of:
All civilian employees who retired, died, or separated on October 14, 1993, and before September 7, 1999, from employment from one of the following agencies, boards, commissions, or other establishments or instrumentalities of the United States:
Administrative Office of U.S. Courts Commodity Futures Trading Commission Consumer Products Safety Commission Corporation for National & Community Service Department of Education Equal Employment Opportunity Commission Export-Import Bank Federal Communications Commission Federal Deposit Insurance Corporation Federal Emergency Management Agency Federal Labor Relations Authority Federal Trade Commission Inter-American Foundation Interstate Commerce Commission National Archives & Records Administration |
National Capital Planning Commission National Endowment for the Arts National Endowment for the Humanities National Labor Relations Board Nuclear Regulatory Commission Office of Navajo and Hopi Indian Relocation Panama Canal Commission Securities & Exchange Commission Selective Service Commission Smithsonian Institution U.S. Agency for International Development U.S. Commission on Civil Rights U.S. Information Agency U.S. Railroad Retirement Board U.S. Tax Court |
AND
This case also applies to a special group of USIA, USAID, and PCC employees who retired or separated in a foreign area and had been paid a foreign post housing allowance immediately before their retirement or separation, but the foreign post housing allowance was not included in those employees' lump-sum payment for unused annual leave.
As a separate matter, this case also applies to employees who were paid Sunday premium pay in the pay period immediately before retirement, separation, or death during the period from October 14, 1993 to September 30, 1997, but the Sunday premium pay was NOT INCLUDED in the calculation of the lump-sum payment for unused annual leave that was paid to you.
The Court’s description of Class Members was written for the sole purpose of determining the identity of those persons who wish to be involved in this Class Action. The fact that the court wrote the description of the Class does not mean that the court has decided whether the United States has done anything wrong.
The deadline to opt-in to this class action settlement was October 5, 2015. Claims submitted after October 5, 2015 will not be honored and no further claim packages will be mailed. If you have further questions, please contact the Claims Administrator in this case by calling toll-free at 1-866-329-5558 or by mail at the address provided below.
Claims Administrator
PO Box 3560
Portland, OR 97208-3560
The deadline to opt-in to this class action settlement was October 5, 2015. Claims submitted after October 5, 2015 will not be honored and no further claim packages will be mailed.
As a member of the Class your rights in this litigation will be represented by the Class Representatives and Class Counsel. You will receive the benefit of, and be bound by, all rulings, orders, or judgment entered or any settlement approved by the Court, whether favorable or unfavorable. If you chose to participate in this case, you will not be required to pay any attorneys’ fees or costs related to the case.
No.
If you do not submit an “Opt-In Claim Form” online by October 5, 2015, or by mail postmarked by October 5, 2015, you will be barred from participating as a Class Member in this case and you will not receive any monetary recovery from either a trial or settlement. However, you retain the right to sue the federal government on your own about the same legal claims that have been alleged in this lawsuit and you will not be legally bound by the Court’s judgment in this class action. If you decide to pursue your claim independently, outside this class action, you are encouraged to do so immediately and consult with your personal attorney immediately because certain statutes of limitations may bar or limit your claims. You are entitled to enter an appearance in this matter through private counsel if you desire. If you choose to hire your own lawyer, you will personally have to pay that lawyer.
THE LAWYER REPRESENTING CLASS MEMBERS
The Court decided that Ira M. Lechner, Esq. and Steven W. Winton of the firm of the Winton Law Corp. are qualified to represent you and all Class Members. They are called “Class Counsel.” Mr. Lechner and Mr. Winton are experienced in handling similar cases against the United States and other employers. If you chose to file an “opt-in claim form,” you have agreed to legal representation by Mr. Lechner and Mr. Winton in this case. Address all your questions only to the Class Administrator at the address noted in the answer to FAQ12. The Court has requested that you do not call or write the United States Court of Federal Claims or the Clerk of the Court.
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, you are permitted to hire your own lawyer if you would like to do so. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. However, if you choose to hire your own lawyer, you will personally have to pay that lawyer.
If Class Counsel succeeds in recovering money for the Class, they will ask the Court for their fees and expenses. You will not have to pay these fees and expenses directly. If the Court grants Class Counsels’ request, the fees and expenses would either be deducted from any money obtained for the Class, and/or paid separately by the United States. If the Class Counsels’ fees and expenses are paid out of the money obtained for the Class, there will be a reduction in the amount available for distribution to Class Members, and it may reduce the amount of money you may be awarded. If there is no recovery in this case, you will not be required to pay any attorneys’ fees or costs to Class Counsel, and if there is a recovery of money for the class in this case, you will NOT be asked to pay Class Counsel directly his fees and “out-of-pocket” costs. However, as mentioned in the answer to FAQ 18, if you choose to hire your own lawyer, you will personally have to pay your own lawyer.
THE PROCESS OF DETERMINING WHO IS RIGHT
On October 30, 2020, the Court approved payments to eligible claimants under the Kandel v. United States partial settlement agreement, and on June 25, 2021, the Court approved payments to eligible PCC claimants under the Kandel v. United States PCC partial settlement agreement.
The deadline to object to the PCC partial settlement was May 10, 2021. It is no longer possible to object to the settlement.
The Court has approved payments to eligible claimants under the partial settlement agreement and the PCC partial settlement agreement. It is no longer possible to attend the trial.
GETTING MORE INFORMATION
The pleadings and other records in this lawsuit may be examined at any time during regular business hours at the Office of the Clerk of the United States Court of Federal Claims. The Court’s address is:
United States Court of Federal Claims
717 Madison Pl., N.W.
Washington, D.C. 20439
THE COURT HAS INSTRUCTED THAT YOU SHOULD NOT CONTACT THE CLERK’S OFFICE BY TELEPHONE OR BY MAIL FOR INFORMATION ABOUT THIS CASE.
For more information about this lawsuit, you may view court documents here, or you can contact the Administrator toll-free at 1-866-329-5558, or by mail at:
Claims Administrator
P.O. Box 3560
Portland, OR 97208-3560
CHANGE ADDRESS
If your name and/or address has changed, or you are the heir of the deceased employee, please call the Claims Administrator toll-free at 1-866-329-5558 or send a letter explaining what has changed to:
Claims Administrator
P.O. Box 3560
Portland, OR 97208-3560
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