March 29, 2018
CBP provided revised data to the Settlement Administrator on February 15, 2018. The Settlement Administrator is now recalculating payment amounts and is on track to distribute checks to eligible employees in May 2018.
In addition to CBP’s transfer of revised data to the Settlement Administrator, another important development has occurred. Since the Global Settlement was signed in September 2016, CBP has been unable to figure out how to transfer the approximately $15 million from the settlement fund set aside for retirement and Thrift Savings Plan (TSP) contributions to the agencies that administer those programs. After months of negotiation, CBP has agreed with NTEU’s proposed solution. NTEU is pleased to report that the $15 million that is unable to be deposited into individuals’ retirement and TSP accounts will instead go back into the general fund for distribution to covered employees. With this $15 million now available for distribution, individuals will receive larger settlement payments. This solution also avoids additional indefinite delay caused by CBP’s inability to determine how to handle the retirement and TSP contributions.
Because the Settlement Administrator was already in the process of recalculating payment awards, this extra $15 million will be distributed with the second round of checks. Therefore, first-round checks will reflect amounts similar to those quoted in December 2017, unless, as described above, an individual’s data changed as a result of CBP’s revised dataset.
As a reminder, the data used to calculate an individual’s payment will be set forth on the letter accompanying the individual’s check. In particular, the letter will state the following data points:
fiscal years between FY2011 and FY2015 when the individual occupied a covered bargaining-unit position for any amount of time and thus received a share of the funds from those years;
fiscal years between FY2003 and FY2015 when the individual occupied a covered bargaining-unit position for the required amount of time (at least 1 day in FY 2003 and at least 180 days in other fiscal years) and thus received points under the distribution formula for those years;
fiscal years between FY2011 and FY2015 when the individual’s overtime cap limited his or her payment from those years’ funds; and
whether the individual’s settlement payment was reduced because the individual previously received a payment as a remedy for one of the grievances covered by the Global Settlement.
Individuals should not contact the Settlement Administrator’s Call Center about the data used to calculate their payments until they receive the information on their checks.
If an individual disagrees with any of the data points set forth in the letter, the individual may file an appeal. The letter will provide instructions for filing an appeal. Please note that filing an appeal after receiving the first-round check is the only means for challenging an individual’s data or payment amount. Even if an individual has notified NTEU or the Settlement Administrator of a suspected error in his or her data, and if that suspected error remains even after CBP has revised its data, the individual must file an appeal for CBP to fix the error.
The amount of compensatory time off owed to individuals whose settlement awards were limited because of the overtime cap will also be set forth on the letter accompanying employee checks. NTEU is working with CBP on the timeline for distribution of compensatory time to employees; we expect that employees who are entitled to additional compensatory time because of the overtime cap will receive that compensatory time shortly after the award letters are distributed. Note, however, that CBP controls the distribution of compensatory time to employee accounts.
You are encouraged to review the FAQs on the chapter’s website which were recently revised to include the most up-to- date settlement information. Additionally, information will be updated on the settlement administrator’s web site within the next 24 hours.