 |
 |
 |
 |
 |
 |
 |
 |
 |
QUESTIONS ABOUT THE CLAIMS PROCESS AND THE FORMS THAT ARE USED
- What should I do if I didn't receive my distribution package?
- What do Class Members need to do at this point?
- What do Survivors or Successors of deceased Class Members need to do?
- I already sent in a Successor in Interest Form. Why was I sent another package of forms to complete?
- Why does my distribution package say that I am not entitled to receive any money?
- Can I do anything if the information on the forms that you sent me is wrong?
- What do the terms on the forms that you sent mean?
- What is a "lost salary payment?"
- What is the "lost premium pay payment?"
- What is the "interest payment?"
- What is the "lost retirement benefits payment?"
- What is a "snapshot date?"
- Why does my step not appear?
- Why doesn't data appear in all the snapshot dates?
- What is a "substitute Form W-9?"
- Why doesn't a retirement date appear on the form?
- What does it mean to receive an annuity immediately upon retirement from the federal government?
- I'm not sure how to respond to the request that I identify any other people who might be entitled to collect the money owed the Class Member.
- Why do I have to provide the deceased Class Member's death certificate if I am a successor?
1. What should I do if I didn't receive my distribution package?
Under the court-approved terms of the settlement, individuals who did not file a form by October 27, 2004, may no longer do so.
2. What do Class Members need to do at this point?
If you have already filed a claim form, challenge form, or claim for class membership, you do not have to do anything else, unless you receive further instructions from the Settlement Administrator. Payments to eligible Class Members will be made at the final distribution, which is expected to occur in Summer 2005.
Class Members who did not file a claim by the October 27, 2004 deadline may no longer do so. Under the court-approved terms of the settlement, there are no exceptions to the October 27, 2004 deadline.
3. What do Survivors or Successors of deceased Class Members need to do?
If you have already filed a Potential Successor-in-Interest claim or challenge form, you do not have to do anything else, unless you receive further instructions from the Settlement Administrator. Payments to eligible Successors will be made at the final distribution, which is expected to occur in Summer 2005.
Individuals who did not file a Potential Successor-in-Interest claim by the October 27, 2004 deadline may no longer do so. Under the court-approved terms of the settlement, there are no exceptions to the October 27, 2004 deadline.
4. I already sent in a Successor-in-Interest Status Form. Why was I sent another package of forms to complete?
The Settlement Administrator determined that you satisfied the basic threshold requirements to establish that you were a Potential Successor-in-Interest of the deceased Class Member. As a Potential Successor, you may be entitled to recover the amounts owed the deceased Class Member. To claim the deceased Class Member's award, you must complete, sign, and timely return the green Successor claim form that was mailed to you in the second package by the deadline indicated in the letter. Completion of the pink Potential Successor-in-Interest Status Form is not sufficient to claim any money owed the deceased Class Member.
The Settlement Adjudicator will determine whether you are in fact a Potential Successor and whether there are any individuals who also have an entitlement to the deceased Class Member's award. The Settlement Adjudicator will then determine whether you are entitled to any of the money owed to the deceased Class Member. Payments to eligible Successors will be made in the final distribution, which is expected to occur in Summer 2005.
5. Why does my distribution package say that I am not entitled to receive any money?
In accordance with the court's decision, a Class Member must have been shortchanged as a result of the illegal OPM rule in order to be entitled to receive a payment. Many Class Members were never disadvantaged by the rule, because they received the salary to which they were legally entitled despite the existence of the illegal rule. If you are in this category, the actual pay you received was equal to or higher than the amount to which you would be entitled to receive under the court-ordered alignment rule. Because you were never harmed by the illegal OPM rule, you are entitled to receive no money under the court-ordered remedy.
6. Can I do anything if the information on the forms that you sent me is wrong?
No. The deadline for filing a challenge to the terms of the settlement award was October 27, 2003. Under the court-approved terms of the settlement, individuals who did not file a challenge by that date may no longer do so.
If your address is incorrect, send a written change of address to the Settlement Administrator at P.O. Box 4068, Portland, OR 97208-4068. Be sure to include your social security number or claimant ID.
7. What do the terms on the forms that you sent mean?
-
a. What is a "lost salary payment?"
This amount represents the difference between the salary that you actually received and the salary you should have received, were it not for the illegal OPM regulation challenged in the lawsuit. What is the "lost premium pay payment?"
This amount is to compensate you for any overtime, differentials, or other premium pay that you were shortchanged as a result of the illegal OPM regulation challenged in the lawsuit. Pursuant to the court-approved settlement, it equals 3% of your lost salary payment. c. What is the "interest payment?"
This is a payment to compensate you for the delay in receiving your back pay. Interest is calculated on all elements of your recovery, except for the retirement benefit, for which payment of interest is prohibited by law. d. What is the "lost retirement benefits payment?"
This is an amount to compensate you for retirement benefits improperly calculated as a result of the illegal OPM regulation challenged in the lawsuit. You are only entitled to a retirement payment if you are owed back pay in any of the three years immediately preceding your retirement. The retirement payment is a lump sum paid to you in lieu of adjusting your actual retirement annuity. e. What is a "snapshot date?"
A snapshot date is a specific date for which OPM compiled your Employee Status Information. Snapshot dates are used to track your employment status throughout the years covered by the lawsuit. Because the snapshot dates are a product of the Settlement Distribution Plan, they do not reflect the dates of your actual employment history. f. Why does my step not appear?
Under the terms of the court-approved settlement, every Class Member is assumed to have been paid at step 5 for all snapshots. Thus, your actual step level is not relevant under the remedial methodology, and is not used to calculate the amount of your payment. g. Why doesn't data appear in all the snapshot dates?
Data is only provided for those snapshot dates for which OPM's records indicate you were paid special salary rates. h. What is a "substitute Form W-9?"
That is something that the IRS requires in any case involving back pay to ensure that the proper tax withholdings are made.
8. Why doesn't a retirement date appear on the form?
Retirement dates appear only for those Class Members who are owed back pay in any of the three years immediately preceding their retirement. If your retirement date does not appear, it is because you are not owed back pay for any of those three years immediately before you retired.
9. What does it mean to receive an annuity immediately upon retirement from the federal government?
It means that you did not elect to take a lump sum or defer your retirement annuity to a later date. Only those Class Members who began receiving their retirement annuities immediately after retirement are eligible for a retirement payment.
10. I'm not sure how to respond to the request that I identify any other people who might be entitled to collect the money owed the Class Member.
The request is aimed at identifying other relatives of the deceased Class Member who might have a claim for the deceased Class Member's award, such as former spouses, children, parents, or siblings of the Class Member.
11. Why do I have to provide the deceased Class Member's death certificate if I am a successor?
This is a standard requirement to protect legitimate survivors of deceased Class Members from being the victims of fraud.