Q: When will the money be distributed to the class members?
A: Several things must occur prior to the distribution of money. First, the Administrative Judge must issue a decision approving the settlement. Then, that decision must become “final,” which will occur within 30 days of the date of the approval unless that decision is appealed to EEOC. After that, Class Counsel will send verification forms and releases to each class member noting the estimate payment information and allowing time for class members to correct this information. Once we receive the verification forms, we will distribute the funds. Because the Agency will be making two payments to us, we will likely make two separate payments to you. Although we do not know the precise time frame, it is unlikely that any distribution will be made before March 2003.

Q: Will we be told how you calculated our payments?
A: Prior to the distribution of funds, Class Counsel will send each class member a Verification Form detailing the information on which your payment will be based. This information will include number of points under class contribution portion of the formula and a rough estimate of monetary relief under the first part of the formula as well as details regarding your employment history that will be used by class experts and/or OPM to calculate relief.

Q: How much money will I receive?
A: The money will be distributed pursuant to the formula attached to the Settlement Agreement. Because the back pay monetary awards are based on a number of factors not known to us (i.e. the number of class members electing to receive award, the number of class members electing to take the retirement option, the amount of interest accrued on the settlement fund), we cannot state with accuracy the amount each class member will receive. Moreover, exact amounts cannot be calculated until the personnel data is verified. With regard to the first part of the formula, only class members who were employed in the years in which the class received a lower salary increase than the younger nurses will receive monetary relief.

Q: I am considering the retirement election. How should I notify you of my decision?
A: Retirees must elect this option within 15 days of the Administrative Judge’s decision approving the settlement. At this time, we do not know when the Administrative Judge will issue that decision. When we receive the decision, we will immediately place a notice on Class Counsel’s website and send out a notice by e-mail to those on the class e-mail list. (Please contact Frances Johnson-Feldmann if you would like to add your name to this list.) An election form for retirees is on our website and will be sent on the class e-mail. To make your election, you must fill out this form and return it to Class Counsel within 15 days of the date of the Administrative Judge’s decision. You may return the form by fax (202-289-1389), hand-delivery or overnight delivery.

Q: What if OPM does not approve my annuity recalculations?
A: OPM generally takes a few months to process annuity changes. If OPM does not approve the annuity recalculation, you have the opportunity to appeal that decision. You will also have the opportunity to change your election and receive a lump sum instead of the annuity recalculations. To allow time for this process to occur, Class Counsel plans to wait until it receives the second agency payment (in late 2003) to make any payments under part 1 of the formula.

Q: If I have left government and am not collecting an annuity now but will do so in the future, will I be able to take the retirement election?
A: No. The settlement only allows this option for class members who have retired within 15 days after the Administrative Judge’s decision approving the settlement.

Q: What if I only work part of a year in which I lost money - will I get monetary relief for that year?
A: We would like to make payments in proportion to the amount of time you worked that year; we are waiting to learn if our experts can make those calculations.

Q: What if I was on workers compensation during a year in which I lost money - will I get monetary relief for that period of time?
A: We would like to make payments in proportion to the amount of time you were in a paid status, whether on workers compensation or working. We are waiting to learn if our experts can make those calculations.

Q: Will you tell us what the pay losses are for each year the settlement covers?
A: We can tell you, for each year covered by the settlement, the estimated percentage salary difference that will be used by the Class experts in calculating awards under Part 1 of the formula. Please understand that this is not a guarantee of any specific amount of payment. Also, the payments will be calculated cumulatively and the calculations will be a proportionate share of the Settlement Fund. 1991 (awaiting further information from the agency); 1992 (1.4 %); 1993 (3.5 %); 1998 (1.3% for Level III only); and 2001 (1.4 %).

Q: If I received a Notice of Settlement, am I a class member?
A: Not necessarily. The Agency sent Notices broadly, which means that a few individuals who were working at the D.C. Medical Center but who were employed (paid) by other government entities or by the Central Office may have received notices but are not members of the class. Please contact Class Counsel if you are unsure of your status.

Q: I’m a family member of a deceased class member. Can I get payment?
A: Class Counsel will make payment to the estate of a deceased class member if that estate (the executor, trustee or other individual with power of attorney) completes and returns the verification and release form (and retiree election form if applicable) within the required time periods. Class Counsel cannot make payments directly to a family member, as we are not in the position to determine the lawful distribution of the estate’s assets.

Q: I received an email regarding the Civil Rights Tax Relief Act. What is happening with that?
A: Congress did not pass the Act prior to recessing. Class Counsel will continue working with the National Employment Lawyers Association to get the Act passed next year. If anyone (especially those from outside the D.C. area) would be interested in coming to D.C. to lobby your congressmembers next year, let us know.