ALL » Topics » (f) Late Claims

This excerpt taken from the ALL 10-Q filed Nov 1, 2005.

(f)            Late Claims

 

Any claim submitted after the applicable time limits described in paragraph 7(e) shall be handled as follows:

 

(1)           Class Members submitting late claims shall be informed by the Administrator that their claims are late and shall have an opportunity to present the Referee with a written statement, under penalty of perjury, within ten (10) days of being so informed as to the basis for their claim being late.

 

(2)           The Referee shall have the sole discretion to approve or disapprove all such claims in accordance with the following:

 

[a]           If the claim was initially submitted on or before January 31, 2006, the Referee shall determine whether the claim was submitted late due to an invalid mailing address.  If so, the claim shall be considered as having been submitted on time and the person submitting such claim shall be a Settlement Class Member.  If the claim was submitted late for any other reason, the Referee shall determine whether the reason is appropriate and if so, it shall be considered a “Late Claim” and shall be computed and paid separately from timely claims as set forth in paragraph 8(f) below and the person submitting such claims shall be a “Late Claim Settlement Class Member.”  If the Referee determines that the reason is inappropriate, the claim shall be rejected as untimely.

 

[b]           Any claim that is submitted later than February 28, 2006 (the “Final Submission Date”), regardless of the reason, shall be rejected as untimely.

 

(3)           All determinations made by the Referee under this paragraph (f) shall be final and binding.

 

(g)           Retention of Claim Forms

 

Class Action Settlement Agreement

Page 9


 

The Claim Forms shall be maintained by the Administrator until the Final Submission Date.  At that time, the forms shall be provided to Defendant for use in distributing the settlement proceeds. However, at no time shall any such form (1) be used in any proceeding or action regarding the potential discipline of any individual employee, (2) be placed (or a copy placed) in any individual employee’s personnel file, or (3) be provided to any manager or supervisor at the claims office level or below. The purpose of the previous sentence is to ensure that no current or former employee could, in any way, be negatively impacted by the fact of filing a claim.

 

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