The Retirement Trust Fund Is Not a Litigation Settlement Fund. A fundamental principle of settlement authority is that the Retirement Fund is not a litigation settlement fund. The Fund's purpose is to provide annuities to Federal employees and their survivors, consistent with statutory lengths of service and at dollar amounts consistent with actual Federal service and pay levels. The appropriate use of the Retirement Fund is limited to payment of benefits under express provisions of CSRS or FERS, and to the costs of administering those systems. Congress did not establish the Retirement Fund to underwrite settlement agreements in cases not specifically involving a determination of retirement rights.

To create eligibility for an annuity or an enhanced annuity for purposes of a settlement, absent a specific statutory authority other than title 5, United States Code, is inconsistent with the substantive provisions of CSRS and FERS. By contrast, the Judgment Fund, 31 U.S.C. § 1304, is available and appropriate for the specific purposes of paying judgments and settlements in litigation involving Federal employment issues. Therefore, the Judgment Fund, not the Retirement Fund, should bear the financial burden of settlements.

Settlement provisions enhancing retirement benefits should be entered into only where there is appropriate legal authority for the settlement, such as the Back Pay Act, 5 U.S.C. § 5596 or title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. The substantial costs to the Retirement Fund of providing the employee enhanced retirement benefits over a lifetime should be considered as part of the Government's settlement costs. When determining whether the settlement is in the Government's best interest, those costs must be considered in addition to the amounts of retirement deductions and agency contributions under CSRS or FERS. Examples of the total cost to the Government of EEO settlements affecting retirement provisions are included in the EEOC's MD110, Chapter 12.

Voluntary Classification Settlement Program. The VCSP is available to state and local government employers for workers not provided Social Security coverage under. ORLANDO, Fla. – Survivors who suffered wind and water damage from Hurricane Irma and find themselves insured for some, but not all damages, may initially be. FIDUCIARY LIABILITY COVERAGE PART. If it is stated in ITEM 3 of the Declarations that the Optional Settlement Program Coverage. Seima No Kouseki Zip.

A Settlement May Not Provide Retirement Benefits Beyond What a Court or Administrative Body Could Order as Relief in the Litigation. Settlement terms may not be more detrimental to the Retirement Fund than the court or administrative body could impose.

This is true for those cases alleging prohibited discrimination, as well as others. For example, assume that an employee who meets the statutory age and service requirements for immediate retirement is discharged on grounds of misconduct. A court or administrative body could order reinstatement of the individual with back pay if it determined that the discharge was erroneous. It could not order a two-grade level promotion effective three years prior to the removal at issue. A claimant may urge that such a provision be included in a settlement, to create a higher annuity, by altering the 'high-three' year average pay that is part of the annuity computation formulas under both CSRS and FERS.