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Statutory Increase (GS, FO, FP, ALJ and BCA employees)
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This claim category involves those Federal employees who retired, separated, or
died during the specific six-year period from 1993 to 1999 with unused annual
leave in their account, for which they were not paid properly in the following
factual situation:
An annual 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), BUT the
lump-sum payment, or a subsequent supplemental payment, did not include 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 instead of
retiring, separating (or dying) when they did, or the employee did not receive
a supplemental payment for the additional pay increase after the statutory
increase went into effect.
Because there were more than 80,000 potential Class Members, the parties
recognized early on that calculating each person’s award individually would be
impractical. Instead, Class Members were placed into groups based on pay plan,
grade, separation type and geographic area. Calculations were then performed by
the Office of Personnel Management to find the average underpayment for each
group, and that average was applied to each Class Member within the group.
The following is an example calculation, exclusive of interest:
General Schedule Employees
Grades 1 through 9
Separated in the continental United States
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Year
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Weighted Average Salary
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Average Net Statutory Increase
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Amount of Adjustment
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1994
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$23,126
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3.95%
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$913.48
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1995
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$23,956
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3.08%
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$737.84
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1996
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$24,797
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2.49%
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$617.45
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1997
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$25,773
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3.09%
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$796.39
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1998
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$26,826
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2.84%
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$761.86
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1999
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$27,634
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3.64%
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$1,005.88
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Average Net Increase Amount
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$805 |
| (Sum of “Amount of Adjustment” /6 years) |
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Average Hourly Increase
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$0.39 |
| (Net Increase/2,080 hours) |
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Average Annual Leave Due
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80 hours |
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Total Back Pay Awarded
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$31.20 |
| (Hourly Increase x Annual Leave Due) |
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In addition to the back pay award, each qualified Class Members received
interest of approximately 40% of the compound interest they would have received
from the mid-year of the year of their retirement, separation, or death to June
30, 2005.
Due to the unexpectedly high rate of response, there were many more claim forms
filed than anticipated. For this reason, the balance of the Settlement Fund was
insufficient to fully pay all awards. After much consultation, it was decided
that applying a pro rata percentage would be the most fair to the Class as a
whole, as it would allow many more people to receive payment. Accordingly, a
pro rata calculation was applied to each award.
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Statutory Increase (SES and SFS employees)
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This claim category involves those Federal employees who retired, separated, or
died during the specific six-year period from 1993 to 1999 with unused annual
leave in their account, for which they were not paid properly in the following
factual situation:
An annual 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), BUT the
lump-sum payment, or a subsequent supplemental payment, did not include 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 instead of
retiring, separating (or dying) when they did, or the employee did not receive
a supplemental payment for the additional pay increase after the statutory
increase went into effect.
Because there were more than 80,000 potential Class Members, the parties
recognized early on that calculating each person’s award individually would be
impractical. Instead, Class Members were placed into groups based on pay plan,
geographic area, range of unused leave hours and separation date in relation to
that year Executive Order granting the statutory increase. Calculations were
then performed by the Office of Personnel Management to find the average
underpayment for each group, and that average was applied to each Class Member
within the group.
The calculations for this group fall into two main groups, those people who
separated prior to the President’s Executive Order granting a statutory
increase and those who separated after it.
The following is an example calculation for Class Members who separated AFTER
the President’s Executive Order:
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Year
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Weighted Average
Salary
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Avg Net Increase
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Amount of Adjustment
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1996
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$113,170
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2.50%
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$2,829.25
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Average Hourly Increase (based on 2,080 hours)
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$1.36
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Group
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Annual Leave Balance
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Settlement Hours
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Total Award
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I
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50 to 250
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150
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$204
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II
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251 to 500
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375
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$510
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III
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501 to 750
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625
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$850
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IV
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751 to 1000
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875
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$1,190
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V
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1001 to 1250
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1125
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$1,530
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VI
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1251 to 1500
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1375
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$1,870
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VII
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1501 to 1750
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1625
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$2,210
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VIII
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1751 to 2000
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1875
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$2,550
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So if, for example, you retired from Federal service as a member of the Senior
Executive Service between the time the President’s Executive Order announcing
the 1996 pay adjustment was issued and the beginning of the first full pay
period of 1996, and you had between 501 and 750 hours of unused Annual Leave,
your back pay award would be $850, exclusive of interest.
In addition to the back pay award, each qualified Class Member received interest
of approximately 40% of the compound interest they would have received from the
mid-year of the year of their retirement, separation, or death to June 30,
2005.
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| The following is an example calculation for Class Members who separated BEFORE
the President’s Executive Order: |
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| Back pay calculations for SFS members who separated in 1995 (in the continental
United States) prior to the President's E.O. authorizing the 1996 pay
adjustment |
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Employee Annual Leave Balance
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Ranges
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Used
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Jan
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Feb
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Mar
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Apr
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May
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June
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July
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50 to 250
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150
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$0
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$0
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$0
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$0
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$0
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$0
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$0
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251 to 500
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375
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$0
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$0
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$0
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$0
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$0
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$0
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$0
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501 to 750
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625
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$0
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$0
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$0
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$0
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$0
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$0
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$0
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751 to 1000
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875
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$0
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$0
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$0
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$0
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$0
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$0
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$0
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1001 to 1250
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1125
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$0
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$0
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$0
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$0
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$0
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$0
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$175
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1251 to 1500
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1375
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$0
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$0
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$0
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$0
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$42
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$279
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$518
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1501 to 1750
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1625
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$0
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$0
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$0
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$147
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$385
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$622
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$860
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1751 to 2000
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1875
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$0
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$12
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$251
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$489
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$727
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$964
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$1,203
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Employee Annual Leave Balance
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Ranges
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Used
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Aug
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Sep
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Oct
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Nov
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Dec
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50 to 250
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150
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$0
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$0
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$0
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$0
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$32
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251 to 500
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375
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$0
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$0
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$0
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$101
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$340
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501 to 750
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625
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$0
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$0
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$206
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$444
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$682
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751 to 1000
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875
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$71
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$310
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$548
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$786
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$1,025
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1001 to 1250
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1125
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$414
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$652
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$891
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$1,129
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$1,367
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1251 to 1500
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1375
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$756
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$995
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$1,233
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$1,471
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$1,710
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1501 to 1750
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1625
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$1,099
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$1,337
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$1,576
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$1,814
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$2,052
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1751 to 2000
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1875
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$1,441
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$1,680
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$1,918
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$2,156
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$2,395
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So if, for example, you retired from Federal service as a member of the Senior
Foreign Service in September 1995, after the President’s Executive Order
announcing the 1995 pay adjustment took effect, but before the announcement of
the 1996 pay adjustment, and y |