Implementing Settlement Agreements Julie A. Murphy Director - PowerPoint PPT Presentation

Implementing Settlement Agreements Julie A. Murphy Director Workforce Relations Division Office of Human Resources

Learning Outcomes You will:  Understand the basics of a settlement agreement  Learn and understand key concepts of a settlement  Know the steps to implement a settlement agreement 4/2/2018 Employee Relations 101 2

Settlement Agreement Basics 4/2/2018 Implementing Settlement Agreements 3

Settlement Agreement Basics DOCUMENTS: • Consideration • Four Corners • Say What you Mean and Mean What You Say • Meeting of the Minds • Keep it Legal! ENGAGEMENT/INTERACTIONS: • Good faith 4/2/2018 Implementing Settlement Agreements 4

Consideration? • Is the benefit that a party obtains by entering into the settlement agreement • Examples: • Withdrawal of claim; • Waiving rights to file other claims; • Financial compensation, including payment of attorney’s fees; • Rescission of documents/actions; • Restoration of a benefit such as, leave 4/2/2018 Implementing Settlement Agreements 5

Say What you Mean and Mean What You Say • Use plain language • Make sure words do not have multiple meanings/interpretations • Define any term that could mean more than one thing • Avoid terms of art or use them appropriately 4/2/2018 Implementing Settlement Agreements 6

Implementing a Settlement Agreement 4/2/2018 Implementing Settlement Agreements 7

Critical Roles • Settlement Compliance Officer: Person who is responsible for ensuring implementation of settlement agreement If your organization does not have a designated Settlement Compliance Officer, suggest you create one • Typically an ER Specialist • Point of Contact: Person with ability to effectuate an action, such as an HR Specialist or Assistant, when correcting an eOPF or restoring leave 4/2/2018 Implementing Settlement Agreements 8

REMEMBER… • Required actions can change from agreement to agreement • Timeframes vary from action to action and from agreement to agreement Do NOT take anything for granted 4/2/2018 Implementing Settlement Agreements 9

Steps for Settlement Compliance Officer Within 1 work day of receipt:  Review the applicable section(s)  If necessary, ask attorney or ER Specialist for clarification on any item  Highlight actions required  Focus on words: Initiate vs. Completed  Identify and note/highlight timeframes  CRITICAL: Clarify calendar or work days  Identify and note appropriate POC (with name and contact information) for each action 4/2/2018 Implementing Settlement Agreements 10

Steps for Settlement Compliance Officer (cont.) Within 2 work days of receipt:  Verbally contact appropriate POC(s)  Inform them of required action  Ask what information, assistance, or process, is needed to initiate and complete action  Find out estimated time frame for completion of action  Identify what documentation will be generated as a result of the completed action  Obtain any additional information or documents necessary to effectuate action DON’T FORGET TO KEEP TRACK OF YOUR ACTIONS & INTERACTIONS 4/2/2018 Implementing Settlement Agreements 11

Steps for Settlement Compliance Officer (cont.) Within 3 work days of receipt:  Initiate action(s), as early as possible, in writing or by email, and include:  Agency has a settlement agreement with _______that requires implementation  Itemize the actions required to be perform ( ONLY those that the POC has authority to perform )  Identify a deadline date for the action to occur, if possible (not unreasonable, suggest making this a few days in advance of deadline in settlement agreement)  Require follow-up communication and written documentation to support completion of action – this can be a copy of the SF-52/50, screen shot, or may be just an email from the POC  Follow up with POC to ensure receipt of written communication  Inform Agency attorney of actions and provide copy of email or written communication DON’T FORGET TO KEEP TRACK OF YOUR ACTIONS & INTERACTIONS 4/2/2018 Implementing Settlement Agreements 12

Steps for Settlement Compliance Officer (cont.) Within 5 work days of receipt:  Follow up with POC to ensure written communication was received and that no further action is required on your part  Confirm that POC will notify you in writing and/or with a copy of completed document(s) when the action is completed Within 7 work days of receipt:  Check in with POC to ensure activity is on track  If not, ask questions to find out why, what can be done and new target date  If new target date is beyond settlement agreement time frame, notify agency attorney IMMEDIATELY, in writing DON’T FORGET TO KEEP TRACK OF YOUR ACTIONS & INTERACTIONS 4/2/2018 Implementing Settlement Agreements 13

Steps for Settlement Compliance Officer (cont.) Within 1 work day after expected completion of action: :  Check in with POC to ensure activity was timely completed  If so, ask for appropriate written documents confirming completion of action  Send written documents to Agency attorney upon receipt from POC  If not, ask questions to find out why, what can be done and new target date  If new target date is beyond settlement agreement time frame, notify Agency attorney IMMEDIATELY, in writing DON’T FORGET TO KEEP TRACK OF YOUR ACTIONS & INTERACTIONS 4/2/2018 Implementing Settlement Agreements 14

Point of Contact Responsibilities • You are the Subject Matter Expert and responsible for executing the assigned settlement activity • Possible settlement activities: • Effecting a corrected action within the eOPF • Removing a corrected action within the eOPF • Calculating Back Pay • Coordinating with ASA/OHR/Customer Care for DFAS related activities • Restoring leave • Timely processing retirement or other HR paperwork 4/2/2018 Implementing Settlement Agreements 15

Point of Contact Responsibilities (cont.) 1. Ensure you understand ALL of the activities you are responsible for including, any extra requirements such as, comments for the remark section on an SF-50 2. Identify the proper process and timeframes for the activity • If you are required to coordinate with others, then ensure this information is shared with the Settlement Compliance Officer and that you know any timeframes DON’T FORGET TO KEEP TRACK OF YOUR ACTIONS & INTERACTIONS 4/2/2018 Implementing Settlement Agreements 16

Point of Contact Responsibilities (cont.) Provide the Settlement Compliance Officer with: • An overview of the process; • Required information necessary to initiate/complete the action; • Anticipated completion date; and • What written documentation will be available to support completed activity DON’T FORGET TO KEEP TRACK OF YOUR ACTIONS & INTERACTIONS 4/2/2018 Implementing Settlement Agreements 17

Point of Contact Responsibilities (cont.) Within 1 work day of receipt of notice:  Initiate action and document steps Within 1 work day of completion of action:  Notify Settlement Compliance Officer in writing and provide supporting documents If at any time, you are concerned that the action will not be completed in a timely manner, contact the Settlement Compliance Officer immediately 4/2/2018 Implementing Settlement Agreements 18

Tips for the POC  Underlying premise – Records must look as if no settlement occurred  Corrected actions and settlement agreement documents MUST be removed from the eOPF as part of compliance activity  Final SF-52/50 must be coded as if no settlement occurred  NOA, Legal Authority, &/or Remarks for corrected actions :  Cite settlement  Final SF-52/50 must be coded as if no settlement occurred  Corrected actions & settlement agreement documents MUST be kept – hard copy 4/2/2018 Implementing Settlement Agreements 19

Questions ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? 4/2/2018 Implementing Settlement Agreements 20

Julie A. Murphy Contact Information Director Workforce Relations Division Office of Human Resources Assistant Secretary for Administration (202) 260-6555 Julie.Murphy@HHS.gov 4/2/2018 Implementing Settlement Agreements 21