FBI Class Action
Judge Schneider granted approval to the monetary awards formula and individual awards on November 19, 2008. We are now moving forward with the Claims Administrator to distribute awards to those qualified claimants who previously received a notice of preliminary award with a gross award figure. In all but one instance, which person we so notified, the awards are close to that indicated in the notice. There will be a small adjustment downward owing to a higher tax liability on the Fund’s interest income than anticipated.
Distribution entails only the administrative logistics of calculating and effecting tax withholdings, drafting checks, and mailing. You should thus have your checks in advance of the holidays. We will post here again when they are mailed, so that you can contact us thereafter if your check has not been received. Remember, if you have not returned your Releases, please do so asap or you will not receive your awards check.
Your award was a composite of several factors designed to calculate both potential losses clearly attributable to the FBI and strength of claim, including:
· Highest potential monetary loss as determined from jobs claimed on your comprehensive claim form by the statistical expert (50%)
· Number of promotions (from FBI personnel data; 8%)
· Number of high performance evaluations (15%)
· Score on monetary claim form responses with validating information (27%)
All claimants were accorded a minimum of $1,000.00. The above formula was not applied to GS-12s, who were accorded awards of $1,000.00 unless they were able to establish that their situation was exceptional and that they were likely qualified to leap from a GS-12 to the subject GS-14 or 15 positions. Three individuals received contribution points in addition to the above for their assistance during the prosecution and administration of the case and claims.
Your award check will come with a breakdown of withholdings. Remember, as you have been advised in several places, all required withholdings and payments are ultimately your responsibility. While we estimate correct rates with the assistance of tax counsel and an accountant, our calculations may not be correct for you individually. Thus, you should contact a tax professional to discuss your award and individual circumstances. We will be withholding:
· Employer share of FICA (7.65%) from the total amount of the claims fund;
· 33% of your check is backpay. We intend to withhold at a flat federal rate of 25% on this (which will be reported on a W-2), and another 4% state tax for DC residents. If you are FERS, you are further subject to withholding of the employee share of FICA of 6.2%, and if you are FERS or CSRS, another 1.45% for Medicare;
· 40% of you check is for compensatory damages. There is no withholding;
· 27% of your check is for interest on your backpay damages. There is no withholding on this.
· FBI counsel has advised that the awards are not subject to pension contributions.
STATUS OF POSITION REVIEW PROCESS
The position review process is still underway with the assistance of third-party expert Dr. Kathleen Lundquist. If you are aware of a current position that you believe is wrongly classified as Special Agent you may file a confidential request for position review and she will examine the classification and recommend reclassification if appropriate. This process is not part of the settlement claims process and damages are not available. It is designed to examine and correct post-settlement classifications over the course of the settlement’s multi-year term.
If you continue to have questions after carefully reviewing the notice and other documents, you may Email us about the FBI class action.