Here is your special update from FCS Vice President Donald Businger.
Please send any comments or questions to
<Donald.Businger@mail.doc.gov>.

THIS AFSANET IS DIRECTED TO FCS EMPLOYEES ONLY, RETIRED AND ACTIVE DUTY
BUT MAY BE OF INTEREST IN SOME OTHER FOREIGN SERVICE AGENCIES

Did you retire from an overseas post in the period April 7,
1993-September 7, 1999?

Did you retire from an overseas post in the period after September 7,
1999?

In either case, the following should be of great interest to you!

On November 7, 2006 notice was posted on the AFSA Retiree homepage
( http://www.afsa.org/retiree/ ) concerning a class action suit:
payment for unused annual leave under a settlement with the Court of
Federal Claims affecting foreign service and civil service employees
from 17 federal agencies who may be entitled to additional compensation.
Commerce and FCS is one of the covered agencies for the covered period.
So if you retired between 1993-1999 and receive this message, please
read the notice for details and take the necessary action to stake your
claim and recover your additional compensation!

An AFSAnet dated January 16, 2007 and posted at
http://www.afsa.org/retiree/011607update.cfm also covered this
so-called Archuleta class action settlement.

If you retired after the end of the class action settlement period
(September 7, 1999), you are NOT repeat not covered by the legal
settlement BUT ARE repeat ARE entitled to “equal treatment” under
the terms of Office of Personnel Management (OPM) regulations issued to
all agencies so that there should be no need for further class action
suits from FCS employees and they should have their unused annual leave
compensated along the lines of the settlement - including post
allowances - IF they retired from their overseas post from 1999-2007 or
do so in the coming years.

Since it came to FCS AFSA’s attention that at least one officer who
retired from overseas in 2006 had not been so compensated, the President
of AFSA transmitted a letter to the Manager of OFSHR/USFCS/Commerce
dated February 13, 2007 requesting assurances that this officer - and by
implication any FCS officer retiring from overseas - would be so
compensated in accordance with 5 CFR 550.1205 (b) (9), which stipulates
that the lump sum payment for unused annual leave must include the
so-called so-called cost of living post allowance. The OPM guidance is
found at http://www.opm.gov/oca/leave/HTML/lumpsum.htm .

All Foreign Service agencies are currently reviewing their payroll
operations and adherence to the OPM guidance, which covers both Foreign
Service and civil service employees.

This AFSAnet is also being transmitted to all FCS employees - retired
and active duty - for which we have email addresses, whether AFSA
members or not.

If you think you might have been covered or are about to be covered for
additional compensation for unused annual leave upon retirement from an
overseas post, please contact Donald Businger immediately email
<Donald.Businger@mail.doc.gov> or telephone 202-482-9162 fax
202-482-9087.

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