Payback for Some

The U.S. Court of Federal Claims recently granted summary judgment to a group of former employees of the Department of Veterans Affairs, awarding them payment under the Lump Sum Statute that requires salaries reflect cost-of-living and locality-pay adjustments. Athey v. United States grew out of a larger class action brought on behalf of all former federal employees who alleged miscalculation of lump sum payments for accrued and accumulated annual leave. After the Government entered into a settlement agreement with the employees of seventeen federal agencies, the CFC severed the claims in Athey, and the case continued independently.

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