It is essential that the Commission has access to all the information necessary to assess the defendant`s compliance with the resolution. Therefore, the approval decree should explicitly identify the information to be compiled and retained over its lifetime. In addition, the Commission should be regularly informed of the information necessary for the defendant`s continued compliance with the provisions. The content of these periodic reports should be thoroughly reviewed to balance what the Agency needs to know to establish potential breaches of the transaction and what the legal unit can reasonably expect to be thoroughly verified in a timely manner. If necessary, the reports should be submitted electronically. The resolution document should also include provisions for the Commission to review or present relevant documents after an appropriate announcement and to interview staff members, including managers, who may have relevant information. When assessing the risk of litigation against the cost of liquidation, agencies should include the costs of a federal pension in their counterparty if a pension is due immediately. This reflects the actual cost to the government of the proposed comparison and should be taken into account in determining whether the plan is in the government`s best interest. This calculation may prompt an agency to explore other options, such as buying a private pension.B. The acquisition of a private pension may not be desirable in all cases, but it may be considered an alternative.
Below are some examples that reflect this calculation: efforts should be made to identify likely victims of discrimination in comparisons with class-level discrimination. In cases where individuals cannot be covered by the defendant`s application file or where a discharge has been requested for non-candidates (see Section 3.c(3) below), external sources should be considered to identify potential victims and the publication of notices to encourage participants to identify themselves or participate in appeals proceedings. The approval decree should, at least in general, describe the procedure used to determine the amount of the resolution fund. The decree should also describe the method used to determine the distribution of the fund among aggrieved persons, including: (1) the criteria that individuals must meet in order to receive financial relief; and (2) factors or formulas, if any, to determine the individual shares of the Fund. Where possible, aggrieved persons should be identified and their cash bonuses set prior to the implementation of the approval decree, and this information should be included in the decree. If it is not practical to complete this process before the approval decree is filed, the decree should provide for a procedure for identifying aggrieved persons and determining their cash bonuses. See the description of termination and claim procedures in subsection D of this section of the manual. As noted in the OGC Guidance on Civil Justice Reform, Executive Order No. 12988 (see Part 3, Section I of the Manual), transaction efforts should be considered, as they can sometimes save parties considerable delays and costs. As long as the Commission insists on a judicial transaction in accordance with the standards of comparison set out in Section 2. Attempts to take preliminary action should not interfere with the Agency`s mediation procedures. Although the Commission defines an appropriate discharge in its appeals, complainants should be consulted on the discharges envisaged by the Commission in the Commission`s affairs and be informed before the implementation of a final agreement on the discharge they will receive in comparison.