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QUESTIONS ABOUT THE ADJUDICATION PROCESS
- Can I still submit a challenge?
- Can I still submit a claim for class membership?
- Can I still submit a Successor-in-Interest claim?
- Who will be resolving my challenge, claim for class membership or successor claim?
- Can you tell me about the processing of my challenge, claim for class membership, or successor claim?
- Can I appeal the Settlement Adjudicator's decision?
- The Settlement Adjudicator approved my challenge. Why am I still not getting any money?
- The Settlement Adjudicator approved my challenge. Why am I getting less money than the amount reflected in my distribution package?
- I worked different dates than those reflected on the Employee Status Information Form. Why didn't the Settlement Adjudicator consider my challenge?
- I only submitted one form, even though I was asked to submit additional forms to establish successorship. How did the Settlement Adjudicator approve my Successor claim?
- What does it mean that I do not fall within the order of precedence set forth under 5 U.S.C. 5582 (b)?
1. Can I still submit a challenge?
No. Under the court-approved terms of the settlement agreement, the deadline for filing a challenge was October 27, 2003. Individuals who did not file a challenge form by that date may no longer do so.
2. Can I still submit a claim for class membership?
No. Under the court-approved terms of the settlement agreement, the deadline for filing a claim for class membership was October 27, 2003. Individuals who did not file a class membership form by that date may no longer do so.
3. Can I still submit a Successor-in-Interest claim?
No. Under the court-approved terms of the settlement agreement, the deadline for filing a pink Potential Successor claim was October 27, 2004. Individuals who did not file a Successor form by that date may no longer do so.
4. Who will be resolving my challenge, claim for class membership, or successor claim?
A neutral, court-approved Settlement Adjudicator, with the assistance of the Settlement Administrator, has made final determinations on all challenges, claims for class members, and successor claims. No appeal of the Settlement Adjudicator's decision is permitted.
5. Can you tell me about the processing of my challenge, claim for class membership, or successor claim?
All individuals who filed a challenge form, claim for class membership, or successor claim have been sent decision letters. If the Settlement Adjudicator determined that you are owed money, you will receive a check in July 2005.
6. Can I appeal the Settlement Adjudicator's decision?
Under the terms of the court-approved settlement, the Settlement Adjudicator's decision is final. No appeal of the Settlement Adjudicator's decision will be permitted.
7. The Settlement Adjudicator approved my challenge. Why am I still not getting any money?
If your challenge was successful, and you (or the deceased Class Member on whose behalf you've filed a Successor challenge) are still not entitled to an award, then no back pay was owed to employees paid at your (or the deceased Class Member's) grade under the applicable special rate table. In other words, even using the new employment data, you (or the deceased Class Member) still were not shortchanged as a result of the illegal OPM rule challenged in the lawsuit.
8. The Settlement Adjudicator approved my challenge. Why am I getting less money than the amount reflected in my distribution package?
As explained on the instructions to your challenge form, even a successful challenge may result in a reduction and/or elimination of payment due to operation of the court-mandated alignment rule. For example, if a Class Member successfully establishes that a certain element of his or her Employee Status Information was incorrect, this might result in a finding that the Class Member was, in fact, assigned to a different special rates pay table for which no adjustments are required.
Remember that a Class Member must have been shortchanged as a result of the illegal OPM rule in order to be entitled to receive a payment under the court-ordered remedy. Accordingly, a Class Member will receive no money for the period for which he or she is assigned to a special rate table for which no adjustment is required.
9. I worked different dates than those reflected on the Employee Status Information Form. Why didn't the Settlement Adjudicator consider my challenge?
Because the snapshot dates are a product of the Settlement Distribution Plan, they do not reflect the dates of your actual employment history and cannot be challenged. A snapshot date is a specific date for which OPM compiled the Employee Status Information of all Class Members. Those snapshot dates, rather than the actual dates of personnel actions, are used to track your employment status throughout the years covered by the lawsuit. They cannot be changed.
10. I only submitted one form, even though I was asked to submit additional forms to establish successorship. Why did the Settlement Adjudicator approve my Successor claim?
The Settlement Adjudicator was able to determine that you were an eligible successor of the deceased Class Member based on the documents already submitted.
11. What does it mean that I do not fall within the order of precedence set forth under 5 U.S.C. 5582 (b)?
Under the court-approved terms of the settlement, the Settlement Adjudicator uses the order of precedence in 5 U.S.C. 5582(b) to determine whether each Potential Successor is an "actual" successor to a deceased Class Member. Section 5582(b) establishes how a deceased employee's benefits should be distributed and to whom the benefits should be distributed. It is available here.
If the Settlement Adjudicator denied your Potential Successor claim under 5 U.S.C. 5582(b), then you did not provide documentation showing that you were an "actual" successor under the law or another individual's claim preceded your claim.