FORMULA FOR DISTRIBUTION OF SETTLEMENT FUND

1. Compensatory Damages Awards: 60 % of Settlement Fund

Retired class members may chose Option A or B. All others must chose option A.

Option A

Based on data provided by the Agency, Class Members will share in the settlement fund in proportion to what they would receive under the following formula:

For each year between 1991 and 2002 in which Senior Nurses (and subsequently Grade III and IV Nurses) received either no salary increase or a percentage salary increase less than the weighted average percentage salary increase given to the entry and intermediate level nurses, each class member employed in that year will receive: 1) payment equal to the cumulative difference between the percentage increase he/she received and the weighted average percentage increase given to the entry and intermediate level nurses, multiplied times his or her salary at the time, and 2) interest on that payment.

Option B (Retired class members only)

Any Class Member who has retired from federal civil service as of the date of Final Approval of this agreement may elect this option if he/she provides notice of this election to Class Counsel within 15 days of Final Approval of the Settlement Agreement:

For each retiree’s last three years of federal employment at the D.C. Medical Center, Class Counsel (using data provided by the agency) will recalculate the Class Member’s pay by the same means set forth in Option A (1). The agency will submit that change in pay to the Office of Personnel Management, on the basis of which OPM may recalculate the class member’s annuity based upon the new “high-3" amount and provide the class member with any payment of back annuity owed as well as a re-computed annuity for all future annuity payments. All Class Member and Agency contributions to OPM for changes in pay shall be paid out of the settlement fund.

For all other years between 1991 and the present in which the retired Class Member was a member of the class and was employed at the D.C. Medical Center, he/she will share in the settlement fund in proportion to what he/she would receive under Option A.

2. Class Contributions to Litigation Efforts: 40% of Settlement Fund

Class Members will share in 40% of the settlement fund in proportion to the points they receive under the following formula:

Class Members Who Filed 1993 Nurse Pay Act Complaint:

2 points each, except any Class Member who subsequently elected in writing to not proceed with his or her complaint will not receive this award

Class Members Who Filed 1993 Nursing Conversion Complaint:

2 points each, except any Class Member who subsequently elected in writing to not proceed with his or her complaint will not receive this award

Class Members Who Filed 1995 Complaint:

2 points each, except any Class Member who subsequently elected in writing to not proceed with his or her complaint will not receive this award

Class Members Deposed and also Listed on Class Witness List:

10 points each

Team Leaders:

10 points each per year of work

Special Contributors (Treasurer, Communications Secretary, Data/Spreadsheet creator, etc.):

15 points each

Class Agent Throughout Litigation Process:

50 points

Monetary Contributions:

2 Points for every $1000 (or fraction thereof) monetary contribution made by a Class Member to the Class litigation fund.

3. Undistributed Funds

Undistributed funds, including interest earned on the settlement fund, will be allocated to the remaining class members based on the above formulas.

4. Cap

No class member will receive greater than $150,000, regardless of formula allocation.

5. Calculations

The calculations will be made by the Class’ economic expert, and will be based on data provided by the Agency and from information provided by the Class Counsel and the Class Agent.