x Forms W-2, paycheck stubs or other employer-provided payroll information; and/or
x Bank records showing income deposits and supporting documentation indicating the source of those deposits; and/or
x Documents from BP/GCCF showing payment and BP/GCCF Claim Number; and/or
x Forms 1099; and/or
x Receipts from check cashing services; and/or
x Other documents provided by an employer setting forth for such other employment position(s) (i) required hours of work, (ii) actual hours worked by claimant, and
(iii) compensation rate.
a. Claimant Employability Documentation: Consists of both:
i. A copy of a Social Security card, government-issued identification (for example, a valid driver’s license), temporary worker visa, or green card that was valid as of April 20, 2010 for the claimant, or a print out from a public database providing the same information as would be provided by the original document;
AND
ii. Evidence the claimant was at least 16 years of age as of April 20, 2010.
Acceptable evidence includes a copy of a valid driver’s license, a valid passport, a certified copy of the claimant’s birth certificate, or a print out from a public
29 database providing the same information as would be provided by the original document.
i. The claimant establishes that he or she filed for and received unemployment, including, for example, as evidenced by Form 1099 G.
OR
ii. Claimant provides a letter from the former employer or an Employer Sworn Written Statement confirming termination was not for cause. Any such letter must include contact information for an authorized representative of the employer.
OR
iii. Other documentation acceptable to the Claims Administrator that establishes that the claimant was not terminated for cause.
6. Additional Documentation to Establish Causation Presumptions:
If the claimant is (i) a Career Changer or a Claimant Who Had Less Than Twelve Months of Earnings History But Was Employed On April 20, 2010 who seeks to qualify for a causation presumption as set forth in Sections III.B.1.a, III.B.1.b and III.B.1.c.i, or (iii) a New Entrant to Employment who seeks to qualify for a causation presumption as set forth in Sections III.B.2.a, III.B.2.b and III.B.2.c.i, the claimant must provide documentation 2010 and 2011 (and, if the claimant is a Career Changer, for 2009) to establish that the claimant or the claimant’s employer satisfies (or satisfied) the geographic requirements and/or the definition of an entity or Natural Person included in the Primary Seafood Industry, Secondary Seafood Industry, Tourism,18 or Charter Fishing19 as applicable. To satisfy this requirement, the claimant must demonstrate the employer’s location and the following:
18 The definition of Tourism is set forth in the Tourism Definition, Bates 026632 - 026646. 19 The definition of Charter Fishing is set forth in Definitions Section 38 of the Deepwater Horizon Economic and Property Damages Settlement Agreement.
30
a. | That the claimant works or worked for an employer that filed a claim in the MDL |
No. 2179 settlement process and was determined by the Claims Administrator to | |
satisfy one of the above-listed definitions; | |
OR | |
b. | That the claimant’s Tax Information Documents, Pay Period Earnings |
Documentation, or other documentation establishes that the claimant’s employer | |
satisfies one of the above-listed definitions. |
7. The Causation Requirements set forth in Section III.B below may require additional documentation.
B. Causation Requirements
1. Causation for a Career Changer and a Claimant Who Had Less Than Twelve Months of Earnings History But Was Employed On April 20, 2010: In order for a Career Changer or a Claimant Who Had Less Than Twelve Months of Earnings History But Was Employed On April 20, 2010 to establish causation under this Category III, the claimant must satisfy the following:
a. The claimant must have been employed in the Claiming Job on April 20, 2010.
AND
b. During the 2011 Benchmark Period (even if 2011 is not used to calculate Expected Earnings), the claimant was either (i) employed, (ii) temporarily medically incapacitated such that the claimant was unable to work but expected to return to the workforce shortly thereafter, (iii) engaged in activities or in a condition entitling an employee to leave under Section 102 of The Family Medical Leave Act, of 1993, as amended, 29 U.S.C. §§ 2601, 2612, but did not receive compensation,20 (iv) involuntarily unemployed and can appropriately document job search activities, provided that the claimant can demonstrate that any involuntary unemployment was not a function of the claimant’s termination for cause, (v) a full time student,
20 If the claimant is (i) a Career Changer or a Claimant Who Had Less Than Twelve Months Of Earnings History But Was Employed On April 20, 2010, and (ii) was on temporary medical leave from his or her employer pursuant to the Family Medical Leave Act, and (iii) received compensation during the time period of 2011 Benchmark Period, the claimant shall be considered to have been employed during the time he or she was receiving compensation.
31
information or other documentary evidence acceptable to the Claims Administrator.
ii. For a temporarily medically-incapacitated Individual, documentation establishing that claimant experienced the temporary disability, such as hospital or medical records or records reflecting receipt of short-term disability or similar benefits.
iii. For an Individual engaged in activities or a condition entitling an employee to leave under Section 102 of The Family Medical Leave Act, of 1993, as amended, 29 U.S.C. §§ 2601, 2612, who did not receive compensation during the 2011 Benchmark Period, documentation establishing the activities or condition, the duration of such activities or condition, any compensation received during such periods, and/or communications with the employer regarding the same.
vi. For a medically-incapacitated Individual not expected to return to the workforce, documentation establishing the claimant experienced such disability, such as hospital or medical records or records reflecting receipt of Social Security or other disability benefits.
vii. For an Individual who was engaged in full-time volunteer or missionary work or who had chosen to leave the workforce to serve as a full-time parent or legal guardian, documentation evidencing the reason that the Individual was not engaged in work for monetary compensation.
AND
32
1) If a claimant is an Individual seeking compensation for an economic loss relating to employment within Zone A,21 the claimant is not required to provide any evidence of causation relating to that Claiming Job.
2) If a claimant is an individual seeking compensation for an economic loss for a job in which he or she was employed by, or exclusively serviced, an entity or Natural Person that satisfies the Primary Seafood Industry definition as set forth in the Seafood Distribution Chain Definitions, the claimant is not required to provide any evidence of causation relating to that Claiming Job.
3) If a claimant is an individual seeking compensation for an economic loss for a job in which he or she was employed by an entity or Natural Person that satisfies the Secondary Seafood Industry definition as set forth in the Seafood Distribution Chain Definitions, and the entity or Natural Person was located in Zones B or C, the claimant is not required to provide any evidence of causation relating to that Claiming Job.
4) If the claimant is an Individual seeking compensation for an economic loss for a job in which he or she was employed by a business located in Zone B that meets the definition of Tourism, the claimant is not required to provide any evidence of causation relating to that Claiming Job.
5) If the claimant is an Individual seeking compensation for an economic loss for a job in which he or she was employed by an entity or Natural Person that satisfies the definition of Charter Fishing, and the Charter Fishing business was located in Zones A, B or C, the claimant is not required to provide any evidence of causation relating to that Claiming Job.
OR
ii. Individual Claimant Without Presumed Causation: If a claimant is not
entitled to a causation presumption as set forth in Section III.B.1.c.i, the claimant can establish causation for a Claiming Job during the Compensation
21
For purposes of this Framework for Individual Economic Loss Claims, the presumption shall be that the location of economic loss for the Claiming Job is the location of the claimant’s employer within the Class Definition geographic area, not the claimant’s residence. Claimants may establish an alternative location of economic loss for the Claiming Job other than their employer’s location by providing evidence that their primary employment activities and responsibilities occur in a location different from their employer’s business address, and that the claimed DWH Spill-related economic loss occurred at such location. For example, the claimant works for a housekeeping company located in Zone C that services households in Zones A, B and C, including vacation condominiums located in Zone A, and the claimant establishes that she works primarily in Zone A.
33
Period only by satisfying the requirements of one of the following subsections:
1) Causation is established if the Claiming Job is with an Eligible Employer. The Claims Administrator shall verify that the employer is an Eligible Employer.
2) Causation for a Claiming Job is established if the claimant provides an Employer Sworn Written Statement attributing the claimant’s loss of income during the Compensation Period to the DWH Spill. The Employer Sworn Written Statement must articulate in detail how the claimant’s losses at the Claiming Job are causally related to the DWH Spill. Such Employer Sworn Written Statement must also include contact information for an authorized representative of the employer.
iii. The Claims Administrator shall evaluate the credibility and reliability of the information provided by the employer and the claimant, including any Sworn Written Statements, and have the right to request supplemental documentation and/or to interview the employer in accordance with the Addendum Regarding Interviews of Claimant Alleging Economic Loss.
2. Causation for a New Entrant to Employment: In order for a New Entrant to Employment to establish causation under this Category III, the claimant must satisfy the following:
ii. A sublease agreement; or
iii. Contemporaneous utility bills.
AND
b. During the 2011 Benchmark Period, the claimant was either (i) employed, (ii) temporarily medically incapacitated such that the claimant was unable to work but expected to return to the workforce shortly thereafter, (iii) engaged in activities or in a condition entitling an employee to leave under Section 102 of The Family Medical Leave Act, of 1993, as amended, 29 U.S.C. §§ 2601, 2612, but did not
34 receive compensation,22 (iv) involuntarily unemployed and can appropriately document job search activities, provided that the claimant can demonstrate that any involuntary unemployment was not a function of the claimant’s termination for cause, (v) a full time student, (vi) medically incapacitated such that the claimant was unable to work and was expected to be unable to return to the workforce, or (vii) was engaged in full-time volunteer or missionary work or had chosen to leave the workforce to serve as a full-time parent or legal guardian. Documentation satisfying this requirement includes one of the following:
i. For a claimant employed during 2011, Tax Information Documents, Pay Period Earnings Documentation, or other annual employer-provided payroll information or other documentary evidence acceptable to the Claims Administrator.
ii. For a temporarily medically-incapacitated Individual, documentation establishing that claimant experienced the temporary disability, such as hospital or medical records or records reflecting receipt of short-term disability or similar benefits.
iii. For an Individual engaged in activities or a condition entitling an employee to leave under Section 102 of The Family Medical Leave Act, of 1993, as amended, 29 U.S.C. §§ 2601, 2612, who did not receive compensation during the 2011 Benchmark Period, documentation establishing the activities or condition, the duration of such activities or condition, any compensation received during such periods, and/or communications with the employer regarding the same.
vi. For a medically-incapacitated Individual not expected to return to the workforce, documentation establishing the claimant experienced such disability, such as hospital or medical records or records reflecting receipt of Social Security or other disability benefits.
22 If the claimant is (i) a Career Changer or a Claimant Who Had Less Than Twelve Months Of Earnings History But Was Employed On April 20, 2010, and (ii) was on temporary medical leave from his or her employer pursuant to the Family Medical Leave Act, and (iii) received compensation during the time period of 2011 Benchmark Period, the claimant shall be considered to have been employed during the time he or she was receiving compensation.
35
vii. For an Individual who was engaged in full-time volunteer or missionary work or who had chosen to leave the workforce to serve as a full-time parent or legal guardian, contemporaneous documentation evidencing the reason that the Individual was not engaged in work for monetary compensation.
AND
1) The offer documentation evidences expected employment:
a) Within Zone A;23 or,
b) In which the offering employer was an entity or Natural Person that satisfies the Primary Seafood Industry definition as set forth in the Seafood Distribution Chain Definitions; or,
c) In which the offering employer was an entity or Natural Person that satisfies the Secondary Seafood Industry definition as set forth in the Seafood Distribution Chain Definitions, and the entity or Natural Person was located in Zones B or C; or
d) In which the offering employer was a business located in Zone B that meets the definition of Tourism; or
e) In which the offering employer was a business located in Zones A, B or C that satisfies the definition of Charter Fishing.
23
For purposes of this Framework for Individual Economic Loss Claims, the presumption shall be that the location of economic loss for the Claiming Job is the location of the claimant’s employer within the Class Definition geographic area, not the claimant’s residence. Claimants may establish an alternative location of economic loss for the Claiming Job other than their employer’s location by providing evidence that their primary employment activities and responsibilities occur in a location different from their employer’s business address, and that the
claimed DWH Spill-related economic loss occurred at such location. For example, the claimant works for a housekeeping company located in Zone C that services households in Zones A, B and C, including vacation condominiums located in Zone A, and the claimant establishes that she works primarily in Zone A.
36
2) The documentation provided must include information sufficient to establish proposed start and end dates, wage rate and projected hours, and withdrawal of the offer during the period April 21 through December 31, 2010.
OR
ii. Individual Claimant Without Presumed Causation: If the New Entrant to
Employment is not entitled to a causation presumption as set forth in Section III.B.2.c.i, the claimant can establish causation for a Claiming Job during the Compensation Period only by providing an Employer Sworn Written Statement attributing the claimant’s loss of income during the Compensation Period to the DWH Spill. The statement must articulate in detail how the claimant’s losses are causally related to the DWH Spill, and must specifically
(i) attest to the claimant’s accepted employment offer (including start and end dates, wage rate and projected hours), and (ii) verify that the employer’s decision not to employ the claimant, or to employ the claimant in a reduced capacity, was due to or resulting from the DWH Spill. Such letter must also include contact information for an authorized representative of the employer.
iii. The Claims Administrator shall evaluate the credibility and reliability of the information provided by the employer and the claimant, including any Sworn Written Statement(s), and have the right to request supplemental documentation and/or interview the employer in accordance with the Addendum Regarding Interviews of Claimant Alleging Economic Loss.
C. Compensation Calculation
For claimants who were employed in 2011 in the same job or similar job as that performed or offered and withdrawn in the Compensation Period selected by the claimant, the Claims Administrator shall use either Tax Information Documents and/or Pay Period Earnings Documentation, to calculate the Claimant’s Lost Earnings. As set forth in the steps below, Claimant’s Lost Earnings includes any lower amount of earnings in the Compensation Period as compared to the 2011 Benchmark Period, after those 2011 earnings have been decreased by the General Growth Factor, less any Offsetting Earnings. In addition, for claims based on non-salaried, hourly-wage jobs, the claimant’s 2011 earnings shall also be decreased by the Industry Growth Factor.
For any Category III claimant not employed in 2011 in the same job or similar job as that performed or offered and withdrawn in the Compensation Period selected by the claimant and satisfying a requirement of Section III.B.1.b or III.B.2.b above, Expected Earnings for each type of Category III claimant shall be based on alternative data, as described in detail in Item 2 of Step 2 below.
The claimant shall receive a lump-sum final payment that includes compensation for Claimant’s Lost Earnings, plus any applicable RTP agreed upon by the parties, plus compensation for properly documented Employment-Related Benefits Losses, Reimbursable Training Costs and
37
Example compensation calculations are set forth in Appendices A through F attached hereto.
1. Claimant selects a Compensation Period. For a claimant who (i) was terminated for cause in 2010 from the Claiming Job(s), or (ii) otherwise ended employment at the Claiming Job(s) in 2010 for reasons unrelated to the DWH Spill, the Compensation Period may not extend beyond the termination date.
The purpose of this Step 2 is to identify earnings to be used in calculating Expected
1. For claimants employed during a 2011 Benchmark Period, the claimant’s earnings used in calculating Expected Earnings shall be the claimant’s earnings from such 2011 period.
38
ii. If the claimant submits Pay Period Earnings Documentation for a job that provides data as to full year earnings but not the allocation of those earnings (i.e., a year-end paystub), then if the claimant also provides additional Pay Period Earnings Documentation deemed by the Claims Administrator to be sufficient for purposes of allocating those earnings across the relevant period, earnings for that job shall be allocated consistent with that Pay Period Earnings Documentation.
iii. If no additional information is provided regarding the allocation of those earnings, the Claims Administrator shall assume a pro rata distribution over the relevant period.
iv. All bonuses and/or commissions shall be allocated pro rata across the period for which the claimant indicates they were awarded, and annual performance bonuses paid in January and February shall be assumed to relate to the prior calendar year, unless the documents establish that the bonus related to a specific period of time.
OR
2. For claimants not employed during the 2011 Benchmark Period, but who satisfied the causation requirement in Section III.B.3, the claimant’s earnings used in calculating Expected Earnings shall be one of the following:
1. The following Growth Factors may apply for purposes of calculating Expected Earnings:
39 applied.
c. Claimant Specific Growth Factor is defined, and the calculation is explained in Definitions Section N.1. For purposes of this Section III, a Claimant Specific Growth Factor may apply only in the limited circumstance of a Career Changer who does not have earnings during the 2011 Benchmark Period for one of the reasons set forth in Section III.B.3.
Step 4: Calculate Expected Earnings Expected Earnings will be calculated as follows:
1. For claimants covered by Step 2.a, Expected Earnings equal the earnings over the 2011 Benchmark Period, decreased by the applicable Growth Factors (from Step 3).
Expected Earnings = 2011 Benchmark Period Earnings from Step 2 x (1 - applicable Step 3 Growth Factor(s))
2. For claimants covered by Step 2.b, Expected Earnings are calculated according to one of the following:
Step 5: Determine Actual Earnings and Any Offsetting Earnings In The Compensation Period
Compensation Period shall be determined based on Tax Information Documentation or
Pay Period Earnings Documentation provided by the claimant and other documentation
relevant to determining Offsetting Earnings.
To the extent the claimant does not have Pay Period Earnings Documentation for a Claiming Job, Actual Earnings during the Compensation Period shall be estimated for that Claiming Job by dividing the claimant’s total 2010 Claiming Job earnings by 12 and
40
multiplying that amount by the number of months in the Compensation Period. All bonuses and/or commissions shall be allocated pro rata across the periods for which they were awarded, and annual performance bonuses paid in January and February shall be assumed to relate to the prior calendar year, unless the documents establish that the bonus related to a specific period of time.
Offsetting Earnings and Actual Earnings from all Claiming Jobs shall be calculated giving consideration to all Claiming Jobs, provided that:
1. If the claimant has only one Claiming Job, then:
i. If Pay Period Earnings Documentation (or other documentation relevant to calculating Offsetting Earnings) reflects the same or an increased number of hours worked at the Claiming Job in the Compensation Period relative to the Claiming Job (or comparable job) in the Benchmark Period, Actual Earnings shall be limited to earnings from the Claiming Job (or comparable job) over the same total number of hours worked in the Benchmark Period, and no Offsetting Earnings shall apply.
OR
ii. If Pay Period Earnings Documentation (or other documentation) (i) reflects a decrease in hours worked at the Claiming Job during the Compensation Period, and (ii) the claimant’s Pay Period Earnings Documentation reflects additional hours worked at a Non-Claiming Job (whether such Non-Claiming Job was held in the Benchmark Period or is a new position), Offsetting Earnings shall be calculated and factored into the determination of Claimant Lost Earnings.
2. If the claimant has more than one Claiming Job, then:
i. If Pay Period Earnings Documentation (or other documentation relevant to calculating Offsetting Earnings) for all Claiming Jobs reflects the same or an increased number of total hours worked across all Claiming Jobs during the Compensation Period (relative to all Claiming Jobs (or comparable jobs) in the Benchmark Period), aggregate Actual Earnings in the Compensation Period shall be limited to total earnings from all Claiming Jobs (or comparable jobs) over the same number of total hours worked in the Benchmark Period, provided that earnings from hours lost in one Claiming Job shall be replaced by earnings from the same number of hours worked in a different Claiming Job during the Compensation Period. No Offsetting Earnings shall apply.
OR
ii. If Pay Period Earnings Documentation (or other documentation relevant to calculating Offsetting Earnings) for all Claiming Jobs reflects (i) fewer total hours worked across all Claiming Jobs during the Compensation Period (relative to all Claiming Jobs (or comparable jobs) in the Benchmark Period), but (ii)
41
more hours worked in one (or more) Claiming Job(s) in the Compensation Period (relative to the same Claiming Job(s) in the Benchmark Period), aggregate Actual Earnings in the Compensation Period shall include total earnings from all Claiming Jobs (or comparable jobs) in the Compensation Period. If the claimant’s Pay Period Earnings Documentation also reflects additional hours worked at a different (Non-Claiming Job) position (whether such position was held in the Benchmark Period or is a new position), Offsetting Earnings shall be calculated and factored into the determination of Claimant Lost Earnings for the number of hours representing the difference between (a) total hours worked in all Claiming Jobs in the Compensation Period, and (b) total hours worked in all Claiming Jobs in the Benchmark Period.
OR
iii. If Pay Period Earnings Documentation (or other documentation) for all Claiming Jobs (i) reflects a decrease in hours worked at each Claiming Job during the Compensation Period, and (ii) the claimant’s Pay Period Earnings Documentation reflects additional hours worked at a different position (whether such position was held in the Benchmark Period or is a new position), Offsetting Earnings shall be calculated and factored into the determination of Claimant Lost Earnings for the total lost hours.
OR
iv. If the claimant does not have Pay Period Earnings Documentation (or other documentation establishing hours worked) for all Claiming Jobs, then Actual Earnings shall include all earnings from all Claiming Jobs and Offsetting Earnings shall apply.
Step 6: Determine Claimant Lost Earnings
Claimant Lost Earnings shall be calculated as (a) the difference between (i) the claimant’s Expected Earnings during the Compensation Period (Step 4) from all Claiming Jobs and
(ii) the claimant’s Actual Earnings during the Compensation Period, as adjusted, if relevant, (Step 5) from all Claiming Jobs, reduced by (b) any applicable Offsetting Earnings.
Step 7: Calculate Final Claimant Compensation Final claimant compensation shall be Claimant Lost Earnings (Step 6) adjusted as follows:
1. Add any applicable RTP agreed to by the parties, provided that:
- For claimants whose Claimant Lost Earnings result from more than one Claiming Job, the claimant’s applicable RTP shall be calculated based on
(i) the percentage of total Claimant Lost Earnings related to each Claiming Job, multiplied by (ii) the RTP applicable to each Claiming Job, which is determined by the job type (Tourism/Other Industries) and zone (Zone A, B, C or D). For example, a claimant with 50% of their lost earnings from a job
42
Zone A hotel, and 50% of their lost earnings from a job in a Zone C restaurant shall receive an RTP that is calculated as follows:
Applicable RTP = .5*RTPZone A Tourism (hotel) + .5*RTPZone C Tourism (restaurant)
-For claimants unable to work in 2011 because they were (i) a full time student, (ii) medically incapacitated such that the claimant was unable to work and was expected to be unable to return to the workforce, or
(iii) engaged in full-time volunteer or missionary work or had chosen to leave the workforce to serve as a full-time parent or legal guardian (as set forth in Section III.B.3), no RTP shall be applied.
- For an employee terminated for cause in 2010 from a Claiming Job, no RTP shall apply.
2. Add any Reimbursable Training Costs. Reimbursable Training Costs shall be fully reimbursed if the training led directly to earned income in 2010. If not, then Reimbursable Training Costs shall be reimbursed up to $2,000.
For example: A claimant who paid $3,000 after April 20, 2010 to secure a commercial trucking license and who earned income as a commercial trucker in 2010 shall receive $3,000 in reimbursement. If the claimant earned no income from commercial trucking during 2010, the claimant would receive a $2,000 reimbursement.
- Spill-Related Payments (if applicable)
- VoO Settlement Offset and/or VoO Earned Income Offset (if any)
43
IV. CATEGORY IV: CLAIMANTS WITHOUT EARNINGS DOCUMENTATION WHO SUBMIT CLAIMANT
Any claimant who satisfies all of the following criteria may be eligible for compensation pursuant to
this Category IV:
Claimants who meet the criteria above may instead establish lost earnings and causation by
submitting, in addition to a sworn Claim Form, (a) a Claimant Sworn Written Statement with
specified contents, (b) one or more Employer Sworn Written Statement(s) providing information
for at least the periods April 21 through December 31, 2009, and April 21 through December 31,
25,26 and, at the claimant’s option, for additional periods as described below, (c) any other
specified documentation. In addition, the Claims Administrator may interview the claimant and/or
the employer consistent with the Addendum Regarding Interviews of Claimant Alleging Economic
Loss and Section IV.B, below.
A. Documentation And Causation Requirements:
A Category IV claimant must provide a sworn Claim Form and all of the documents identified below. The Claims Administrator shall review and assess the documentation provided by the
claimant, including information from the claimant’s employer(s), and any other information
deemed relevant by the Claims Administrator, for purposes of determining whether the
24
For purposes of this Framework for Individual Economic Loss Claims, the presumption shall be that the location of economic loss for the Claiming Job is the location of the claimant’s employer within the Class Definition geographic area, not the claimant’s residence. Claimants may establish an alternative location of economic loss for the Claiming Job other than their employer’s location by providing evidence that their primary employment activities and responsibilities occur in a location different from their employer’s business address, and that the claimed DWH Spill-related economic loss uniquely occurred at such location. For example, the claimant works for a housekeeping company located in Zone C that services households in Zones A, B and C, including vacation condominiums located in Zone A, and the claimant establishes that she works primarily in Zone A.
25
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant should instead provide one or more Employer Sworn Written Statement(s) for the periods
(i) April 21, 2009 through April 20, 2010 and (ii) April 21, 2010 through April 20, 2011.
26
If the information for both required periods can be satisfied with an Employer Sworn Written Statement from one employer, only one Employer Sworn Written Statement is required. If a single employer is not able to provide the necessary information for both required periods set forth above, the claimant must submit at least one Employer Sworn Written Statement for each period.
44
claimant experienced a loss of earnings during April 21 through December 31, 2010,27 and, if so, whether the loss was due to or resulting from the DWH Spill. The Claims Administrator shall rely on his assessment of the credibility and reliability of the information submitted in determining if this causation requirement is satisfied.
1. Claimant Sworn Written Statement: The claimant shall submit a Claimant Sworn Written Statement which sets forth the following information and shall attach any relevant documents in claimant’s possession:
27
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the potential loss period shall be April 21, 2010 through April 20, 2011.
28
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant should instead verify that no Pay Period Earnings Documentation for the Claiming Job is available for the periods (i) April 21, 2009 through April 20, 2010 and (ii) April 21, 2010 through April 20, 2011.
29
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant should instead provide the business name and last known address of each of claimant’s employers for the periods (i) April 21, 2009 through April 20, 2010 and (ii) April 21, 2010 through April 20, 2011.
30
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant should instead provide the business name and last known address of each of claimant’s employers for the period April 21, 2011 through April 20, 2012 to be potentially eligible for an RTP.
45
related to the Claiming Job(s) during the period from April 21, 2010 - December 31, 2010 was due to or resulting from the DWH Spill.31
h. A statement and any available documentation establishing that the claimant was present and available to work in Zones A, B or C in close enough proximity to the anticipated location of employment to travel to the job as frequently as required by the employer during the period from April 21, 2010 to December 31, 2010.32
i. | To be potentially eligible for an RTP, the claimant must satisfy the above | |
---|---|---|
requirement for the period April 21 through December 31, 2011. 33 | ||
ii. | Documentation that could demonstrate presence and availability | |
includes, but is not limited to, the following: | ||
1) | A lease or rental agreement; or | |
2) | A sublease agreement; or | |
3) | Contemporaneous utility bills. |
2. Claimant Employability Documentation: Consists of both:
a. A copy of a Social Security card, government-issued identification (for example, a valid driver’s license), temporary worker visa, or green card that was valid as of April 20, 2010, or a print out from a public database providing the same information as would be provided by the original document.
AND
b. Evidence that the claimant was at least 16 years of age as of April 20, 2010.
Acceptable evidence includes a valid driver’s license, a valid passport, or a copy of the claimant’s birth certificate, or a print out from a public database providing the same information as would be provided by the original document.
3. Licensing Documentation: If the claimant’s employment in the Claiming Job requires a government-issued license/permit, the claimant shall provide a copy of valid 2009, 2010 and, if applicable, 2011 licenses, or a print out from a public database providing the same information as would be provided by the original document, such as:
31
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant should instead provide an explanation of how the reduction of claimant’s hours of work, termination of the claimant’s employment, and/or withdrawal of an offer of employment for the periods (i) April 21, 2009 through April 20, 2010 and (ii) April 21, 2010 through April 20, 2011 was due to or resulting from the DWH Spill.
32
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant should instead provide information regarding his or her presence and availability for work in Zones A, B or C for the period April 21, 2010 through April 20, 2011.
33
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant should instead provide information regarding his or her presence and availability for work in Zones A, B or C for the period April 21, 2011 through April 20, 2012 to be potentially eligible for an RTP.
46
4. Employer Sworn Written Statement: The claimant shall submit an Employer Sworn Written Statement from at least one of his or her employers during each of the periods April 21 through December 31 of 2009 and 2010, which sets forth the following information with any relevant documents attached.34 If the information for both required periods can be satisfied with an Employer Sworn Written Statement from one employer, only one Employer Sworn Written Statement is required. If a single employer is not able to provide the necessary information for both required periods, the claimant must submit at least one Employer Sworn Written Statements for each period.
ii. Address(es)
iii. Telephone number(s)
vi. Compensation practices (for example, weekly or bi-weekly pay periods), wage rates, and typical hours worked for employees holding jobs comparable to the Claiming Job.
vii. If the employer is not an Eligible Employer, information sufficient to establish the following: 1) The size and scale of the employer’s business, such as: a) Size of physical plant; b) Best estimate of the number of customers; c) Best estimate of the volume of product produced; d) Best estimate of the number of full-time and part-time employees; e) Financial information; and/or
f) To the extent the business is a seasonal business, this information should be provided to reflect business size during different seasons.
34
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the Employer Sworn Written Statement shall be provided from each of the claimant’s employers for the periods (i) April 21, 2009 through April 20, 2010 and (ii) April 21, 2010 through April 20, 2011.
47
2) Copies of any applicable required licenses possessed by the employer during the period April 21 through December 31 of 2009 and 2010,35 or a print out from a public database providing the same information as would be provided by the original document .
ii. The claimant’s wage rate and total compensation for the following periods, if applicable:
1) April 21 through December 31, 2009; 36 2) April 21 through December 31, 2010;37 3) April 21 through December 31, 2011;38 and 4) Any other time period for which the employer is able and elects to
provide the requested information.
If the employer cannot provide precise actual dates and times, it shall be sufficient for the employer to provide more general information satisfying this standard – for example, “Claimant was employed for 30 days at a rate of $100 per day for 12 weeks during the months of [June -
August 2009]”.
iii. If the employer (i) employed the claimant and/or (ii) offered the claimant employment during the period from April 21, 2010 - December 31, 2010,39 the employer shall provide the following:
1) How the employer (a) terminated the claimant’s employment,
(b) reduced the claimant’s hours of work, (c) withdrew an offer of employment, (d) did not extend an offer of seasonal (partial year) employment to the claimant, or (e) otherwise reduced employee’s compensation due to or resulting from the DWH Spill with sufficient
35
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the employer should instead provide copies of any applicable required licenses for the periods (i) April 21, 2009 through April 20, 2010 and (ii) April 21, 2010 through April 20, 2011.
36
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the appropriate period is from April 21, 2009 through April 20, 2010.
37
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the appropriate period is from April 21, 2010 through April 20, 2011.
38
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the appropriate period is from April 21, 2011 through April 20, 2012.
39
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the appropriate period is from April 21, 2010 through April 20, 2011.
48
detail to permit the Claims Administrator to calculate the claimant’s lost hours of work and lost earnings from such employment during such period.
2) A specific explanation of how (i) the reduction of claimant’s hours of work identified, or (ii) the withdrawal of, or (iii) the failure to extend, an offer of employment was due to or resulting from the DWH Spill.
The number of affidavits submitted by an employer on behalf of the claimant and any other claimants shall be monitored by the Claims Administrator for reasonableness in light of the employer’s operations. For example, it would be anticipated that a 10-room motel would have approximately five full-time equivalent employees, or that a 50-seat diner-style restaurant would have approximately five full-time equivalent servers.
B. Interviews
C. Description Of Compensation Calculation
The Claims Administrator shall determine the Final Claimant Compensation amount based on the totality of the information provided by the claimant and his or her employer(s), including the sworn Claim Form, Claimant Sworn Written Statement, Employer Sworn Written Statement(s), interviews (if any), and/or any supplemental information the Claims Administrator may require the claimant to provide to support the claim, and/or any other information the Claims Administrator may determine to be relevant and reliable (collectively, the “Claim File”). The Claims Administrator shall rely on his assessment of the reliability and credibility of the Claim File information and the specifics of any claimed economic loss in determining the claimant’s compensation, if any, to be provided to the claimant.
In addition, nothing in this Framework for Individual Economic Loss Claims shall in any way limit the right and obligation of the Claims Administrator to investigate fully all suspicions of fraudulent conduct by or on behalf of any claimant, including but not limited to conducting any interviews and obtaining any documents the Claims Administrator deems necessary. Any such interviews will not be included in the 25% limit set forth above.
49
In determining the claimant’s lost earnings for the Claiming Job, the Claims Administrator
shall consider the following factors:
Based on the Claims Administrator’s consideration of the totality of the information above, the Claims Administrator shall determine the claimant’s lost earnings for the period April 21
through December 31, 201044 up to a cap of $20,000.
41
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the Claims Administrator shall consider the extent to which the claimant has established his or her expected post-DWH Spill employment in the Claiming Job for the period April 21, 2010 through April 20, 2011.
42
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the Claims Administrator shall consider the extent to which the claimant has established his or her actual post-DWH Spill employment in the Claiming Job for the period April 21, 2010 through April 20, 2011.
43
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant shall establish the claimant’s lost earnings for the period April 21, 2010 through April 20, 2011.
44
For claimants whose employer(s) is an entity or Natural Person satisfying the Primary Seafood Industry definition, the claimant shall establish the claimant’s expected post-DWH Spill employment for the period April 21, 2010 through April 20, 2011.
50
Only claimants who, in 2011, (1) continued to be employed in a position the same as, or similar to, the Claiming Job, and (2) still lived within 60 miles of their place of employment, shall be eligible for an RTP of 1.
If eligible, the claimant’s lost earnings shall be multiplied by the RTP.
Deduct any Spill-Related Payments from the sum of Steps 1 and 2 to determine claimant’s compensation amount.
Claimants under this Category IV shall not be eligible to recover Reimbursable Search Costs, Reimbursable Training Costs or Employment-Related Benefits Losses.
The formula for the claimant’s compensation is:
Claimant’s lost earnings (not to exceed $20,000) (from Step 1)
- Spill-Related Payments (if applicable) (from Step 3)
- VoO Settlement Offset and/or VoO Earned Income Offset (if any)
51
A One Time, Non-Recurring Event shall be defined as an event or sale that (i) would have occurred in the Claiming Job between April 21, 2010 and December 31, 2010, and (ii) had not been included in the Individual’s income from the Claiming Job in 2007, 2008 or 2009, and (iii) was canceled due to or resulting from DWH Spill.
An Individual asserting lost earnings due to cancellation of a One Time, Non-Recurring Event must provide documentation and establish causation as follows:
The claimant shall provide all of the following:
Compensation for the One Time, Non-Recurring Event shall equal the lost earnings for the One Time, Non-Recurring Event, and no RTP shall be applicable to the corresponding loss.
52
EXHIBIT 8B
Case 2:10-md-02179-CJB-SS Document 6430-17 Filed 05/03/12 Page 6 of 27 Case 2:10-md-02179-CJB-SS Document 6430-17 Filed 05/03/12 Page 7 of 27 Case 2:10-md-02179-CJB-SS Document 6430-17 Filed 05/03/12 Page 16 of 27 Case 2:10-md-02179-CJB-SS Document 6430-17 Filed 05/03/12 Page 17 of 27 Case 2:10-md-02179-CJB-SS Document 6430-17 Filed 05/03/12 Page 18 of 27
$16,043 = $15,500 x (1 + 0.02 + 0.015)
[g] = [e] x (1+ [d] + [f])
EXHIBIT 8C
AddendumRegardingCompensationRelatedtoaClaimant’sLossofEmploymentͲRelatedBenefits IncomeasaResultoftheDWHSpill
I. Eligibility:
OnlyEligibleClaimantsshallqualifyforcompensationpursuanttothisAddendum.TobeanEligible Claimant,aclaimantmustsatisfyallofthefollowingEligibilityCriteria:
follows:
a. HealthInsuranceCoverageLosses:Theclaimant’spostͲDWHSpilllossofincomerelated tothelossofcoverageunderahealthinsuranceplanfromaPreͲSpillBenefitProviding EmployerinwhichtheclaimantwasenrolledasofApril20,2010(orwhichwaspartof thebenefitspackageaNewEntranttoEmploymentwouldhavereceivedfromhisor herPreͲSpillBenefitProvidingEmployer),includinganymedical,prescriptiondrug, dentaland/orvisioninsuranceplancoverages(“PreͲSpillInsurancePlanCoverages”);1
AND/OR
Forpurposesofthisaddendum,eachindividualhealthinsurancepolicycoverage(i.e.,medical,prescriptiondrug, dental,and/orvision)willbeevaluatedseparately. 1
b. RetirementBenefitLosses:Theclaimant’spostͲDWHSpilllossofincomerelatedtothe lossoforreductioninretirementorpensionbenefitsprovidedbyhisorherPreͲSpill BenefitProvidingEmployer,includingemployerpensionpayments,and/orother employercontributionsrelatedtoaclaimant’s401(k)or403(b)account,profitsharing planorothertypeofretirementaccount(“PreͲSpillRetirementBenefits”).
II. SupplementalDocumentation
EachEligibleClaimantmustprovidethedocumentationsetforthbelow(inadditiontoother documentationrequiredtoestablishtheirindividualeconomiclossclaim).
A. HealthInsuranceCoverageLosses
AnEligibleClaimantseekingcompensationforHealthInsuranceCoverageLossesmustprovide thefollowingdocumentation:
1. ForallclaimantsotherthanNewEntrantstoEmployment,documentationestablishingthat theEligibleClaimantparticipatedinoneormorePreͲSpillInsurancePlanCoverage(s) providedbythePreͲSpillBenefitͲProvidingEmployerasofApril20,2010,andcertain relevantinformationregardingthePreͲSpillInsurancePlanCoverage(s),includingthe following:
Documentationmayinclude,forexample,anApril2010paystubevidencingpremium
deductionsforqualifyingPreͲSpillInsurancePlanCoverages,insurancecards,andother
relevantemployerprovideddocumentation,etc.
2. ForNewEntrantstoEmployment,documentationestablishingthefollowing:
ii. IftheNewEntranttoEmploymentdidnotobtainReplacementHealth InsuranceCoverageoraNewEmployerInsurancePlan(asdefinedherein) priortoDecember31,2011.
Documentationmayinclude,forexample,theEligibleClaimant’srelevantofferletter, insuranceplaninformationreceivedfromthePreͲSpillBenefitͲProvidingEmployer,and/or aSwornWrittenStatementfromanauthorizedrepresentativeofthefromthePreͲSpill BenefitͲProvidingEmployerwithrelevantinformationregardingthePreͲSpillInsurance PlanCoverage(s),suchaspremiuminformation,theclaimant’seligibility,etc.,asapplicable.
3. If,aftertheterminationofanyPreͲSpillInsurancePlanCoverage,theEligibleClaimant obtainedhealthinsurancecoveragethroughCOBRA,theEligibleClaimantshallprovideall ofthefollowing:
theEligibleClaimantseeksreimbursement.
4. If,aftertheterminationofanyPreͲSpillInsurancePlanCoverage,theEligibleClaimant
obtainedandpaidforreplacementhealthinsuranceotherthaninconnectionwithCOBRA, 3
newemploymentoranalternativehealthcareinsuranceplanforwhichtheclaimantwas eligible(asdiscussedbelow)(“ReplacementHealthInsuranceCoverage”),theEligible Claimantshallprovideallofthefollowing:
5. If,aftertheterminationofanyPreͲSpillInsurancePlanCoverages,theEligibleClaimant wasofferedbutdidnotaccepthealthinsurancecoveragepursuanttoCOBRAorapolicy providingReplacementHealthInsuranceCoverage,theEligibleClaimantshallprovide contemporaneousdocumentsevidencingthetermsofanyofferofCOBRAcoverage, includingthecorrespondingpremium.IftheEligibleClaimantwasnoteligibleforCOBRA becausethePreͲSpillBenefitͲProvidingEmployernolongerprovidedhealthinsurancetoits existingemployees,orbecauseitwasnotrequiredbylawtoprovidesuchcoverage,the claimantshouldcertifyinwritingthatnoCOBRAcoveragewasoffered.
6. IftheEligibleClaimantobtainedorwascoveredbyhealthinsurancefromaneworformer employer,orbyanalternativehealthcareinsuranceplanforwhichtheclaimantwaseligible (through,forexample,aspouse,domesticpartner,parent,legalguardian,veteran’sorother plan,asapplicable)aftertheterminationofthePreͲSpillInsurancePlans,butpriorto December31,2011(“PostͲSpillEmployerInsurancePlanCoverage”),theEligibleClaimant shallprovidedocumentssettingforththetypeandeffectivedate(s)ofanyPostͲSpill EmployerInsurancePlanCoverages.
B. RetirementBenefitLosses
AnEligibleClaimantseekingcompensationforRetirementBenefitLossesmustprovidethe followingdocumentation:
1. DocumentationestablishingthattheEligibleClaimantwasenrolled,eligibleforand receivingvestedPreͲSpillRetirementBenefitsfromthePreͲSpillBenefitͲProviding EmployerasofApril20,2010.DocumentationevidencingPreͲSpillRetirementBenefits couldinclude,forexample,apaystubincludingmatchingcontributions,investment statement,orotherthirdpartydocumentevidencingtheemployer’scontributionstoor paymentofPreͲSpillRetirementBenefitsonbehalfoftheEligibleClaimant,andthevesting schedule.
4
2. DocumentationestablishingthattheEligibleClaimant’sPreͲSpillRetirementBenefitswere terminatedafterApril20,2010asaresultofeither(i)thepostͲSpillterminationofthe EligibleClaimant’semploymentbythePreͲSpillBenefitͲProvidingEmployer,or(ii)apostͲ SpillchangeintheEligibleClaimant’semploymentstatuswiththePreͲSpillBenefitͲ ProvidingEmployer.
3. DocumentationevidencingtheamountofvestedPreͲSpillRetirementBenefitscontributed onbehalfoftheEligibleClaimantbythePreͲSpillBenefitͲProvidingEmployerbetweenMay 1,2009andthedocumentedterminationdateofthePreͲSpillRetirementBenefits.Tothe extenttheEligibleClaimanthadbeenemployedwiththePreͲSpillBenefitͲProviding Employerforlessthantwelvemonths,heorsheshouldprovidetherequestedinformation fromhisorherstartdatewiththePreͲSpillBenefitͲProvidingEmployerthroughthedate PreͲSpillRetirementBenefitsceased.
4. IftheEligibleClaimant’sPreͲSpillRetirementBenefitswereterminated,theclaimantshall providedocumentationevidencingtheterminationoftheEligibleClaimant’sPreͲSpill RetirementBenefits,includingtheeffectivedateoftermination.
5. IftheEligibleClaimantexperiencedapostͲDWHSpillreductioninPreͲSpillRetirement
Benefits,theclaimantshallprovidethefollowing:
7. ForNewEntrantstoEmployment,documentationestablishingallofthefollowing:
vestingofPreͲSpillRetirementBenefitswascontingentupontheEligibleClaimant’s contributions,theplannedcontributionsoftheEligibleClaimant.
d. IftheNewEntranttoEmployment’sofferwasamendedratherthanwithdrawn,the EligibleClaimant’sandhisorherPreͲSpillBenefitProvidingEmployer’sactualpostͲ DWHSpillcontributionstothePreͲSpillRetirementPlan.
Documentationmayinclude,forexample,theEligibleClaimant’srelevantofferletter, retirementplaninformationreceivedfromthePreͲSpillBenefitͲProvidingEmployer,and/or aSwornWrittenStatementfromanauthorizedrepresentativeofthePreͲSpillBenefitͲ ProvidingEmployerwithrelevantinformationregardingthePreͲSpillRetirementBenefits, suchascontributiontermsandconditions,theclaimant’seligibility,etc.
6. IftheEligibleClaimantobtainedretirementbenefitsfromanewemployerafterthe terminationofthePreͲSpillRetirementBenefits,butpriortoDecember31,2011(“New EmployerRetirementBenefits”),theclaimantshallprovidedocumentssettingforththe effectivedate(s)ofanyNewEmployerRetirementBenefits.
III. CompensationforHealthInsuranceCoverageLosses
EligibleClaimantswhoassertHealthInsuranceCoverageLossesshallbeeligibleforcompensation pursuanttooneofthefollowingmethodologies,ifapplicable:
1. CompensationBasedonCOBRAorReplacementHealthInsuranceCoveragePremiums2:The EligibleClaimantmaybereimbursedbasedonpremium(s)paidforCOBRA,orthepremium(s) paidforpoliciesprovidingReplacementHealthInsuranceCoverageinwhichtheEligible ClaimantenrolledaftertheterminationofacorrespondingPreͲSpillInsurancePlanCoverage. Thetotallossofincomewillequal(i)thedailyrateforsuchCOBRAorReplacementHealth InsuranceCoverage,lessthedailyratefortheEligibleClaimant’sportionofthepremiumonthe PreͲSpillInsurancePlanCoverages,multipliedby(ii)thetotalnumberofdaysintheperiodfor whichtheEligibleClaimantqualifiesforHealthInsuranceCoverageLosses,providedthatifthe resultin(i)isnegative,nocompensationwillbepaidtotheEligibleClaimant.HealthInsurance CoverageLosseswillbecalculatedovertheperiodextendingfrom:
OR
EligibleClaimantswhoqualifyforcompensationpursuanttoOption1mayalternativelybecompensatedonthe basisofOption2(iftheappropriateinformationisprovided). 6
2. CompensationBasedonDocumentationRegardingPremiumsPaidbythePreͲSpillBenefit ProvidingEmployer3:IftheEligibleClaimantprovidesaSwornWrittenStatementfroman authorizedrepresentativeofthePreͲSpillBenefitProvidingEmployer,theEligibleClaimant maybereimbursedbasedonthepremium(s)paidforthePreͲSpillInsurancePlanCoverage(s) bythePreͲSpillBenefitProvidingEmployer.Thetotallossofincomewillequal(i)thedailyrate fundedbythePreͲSpillBenefitProvidingEmployermultipliedby(ii)thetotalnumberofdaysin theperiodforwhichtheEligibleClaimantqualifiesforHealthInsuranceCoverageLosses. HealthInsuranceCoverageLosseswillbecalculatedovertheperiodextendingfrom:
or(ii)December31,2011. OR
3. CompensationBasedonEstimatedPremiumsPaidbythePreͲSpillBenefitProviding Employer4:AnEligibleClaimantwhodidnotreplacecoveragethroughCOBRAorReplacement HealthInsuranceCoverage,theEligibleClaimant’sHealthInsuranceCoverageLosseswillbe calculatedasfollows:
a. Step1:EstablishthePreͲSpillEmployerPremium
i. ForallEligibleClaimantswhowerenotNewEntrantstoEmployment:
3
EligibleClaimantswhoqualifyforcompensationpursuanttoOption2mayalternativelybecompensatedonthe basisofOption1(iftheappropriateinformationisprovided).
4
Option3willonlybeusedincircumstanceswheretheEligibleClaimantisunabletoprovidetheinformation necessarytoperformthecalculationssetforthinOptions1or2.
5
Thesefactorsrepresenttheapproximateportionofhealthcareinsurancepremiumsfundedbyemployeesbased ondatafromtheBureauofLaborStatisticsEmployeeBenefitsSurvey. 7
3. MultiplytheGrossPremiumby0.8forclaimantswithindividualplans and0.6forclaimantswithfamilyplans6toestimatetheportionofthe premiumfundedbytheemployer(“PreͲSpillEmployerPremium”).
ii. ForallNewEntrantstoEmployment:
1. ThePreͲSpillEmployerPremiumwillbethepremiumthatwouldhave beenfundedbythePreͲSpillBenefitProvidingEmployerfortheNew EntranttoEmployment’sPreͲSpillInsurancePlanCoverageabsentthe DWHSpillaccordingtotheSwornWrittenStatementfromthePreͲSpill BenefitProvidingEmployer.
i. ForallEligibleClaimantswhowerenotNewEntrantstoEmployment:
1. MultiplytheDailyEmployerPremiumbythenumberofdaysbetween theeffectiveterminationdateoftherelevantPreͲSpillInsurancePlan Coverageandtheearlierof(i)theeffectivedateofanycorresponding PostͲSpillEmployerInsurancePlanCoverage,ifapplicable7,or(ii) December31,2011.
ii. ForallNewEntrantstoEmployment:
1. MultiplytheDailyEmployerPremiumbythenumberofdaysbetween thedayonwhichthePreͲSpillInsurancePlanCoveragewouldhave takeneffectabsenttheDWHSpill,andtheearlierof(i)theeffective dateofanycorrespondingPostͲSpillEmployerInsurancePlan Coverage,ifapplicable,or(ii)December31,2011.
NoRTPwillbeappliedtoanycalculatedHealthInsuranceCoverageLosses.
IV.CompensationforRetirementBenefitLosses
EligibleClaimantswhoclaimRetirementBenefitLossesshallbecompensatedinanamountequal
tothePreͲSpillRetirementBenefitscontributedonbehalfoforpaidtotheEligibleClaimantbythe
a. TheterminationoforreductiontothePreͲSpillRetirementBenefitsor,forNew EntrantstoEmployment,thedateonwhichthePreͲSpillRetirementBenefitswould havebegunabsenttheDWHSpill,to
6
Thesefactorsrepresenttheapproximateportionofhealthcareinsurancepremiumsfundedbyemployeesbased ondatafromtheBureauofLaborStatisticsEmployeeBenefitsSurvey.
7
Forexample,iftheEligibleClaimantreceivedcoveragefromPostͲSpillEmployerInsurancePlanCoverageasof thedateoftheterminationoftheEligibleClaimant’sPreͲSpillInsurancePlanCoverage,theclaimantwillnothave sufferedacompensablelossandwillthereforenotreceivecompensation.
b. Theearlierof(i)theeffectivedateofanyNewEmployerRetirementBenefits,or(ii) December31,2011.
TheEligibleClaimant’sRetirementBenefitLossesshallbedeterminedasfollows:
1. Step1:EstablishDailyRetirementBenefitsRate(s)
2. Step2:CalculateExpectedPostͲSpillRetirementBenefits
i. ThedateonwhichtheEligibleClaimant’svestedPreͲSpillRetirementBenefits wouldhavebegunabsenttheDWHSpill,orthedateonwhichthereduced benefitsactuallybegan,and
ii. Theearlierof(i)theeffectivedateofanyNewEmployerRetirementBenefits,
or(ii)December31,2011.
3. Step3:CalculateEligibleClaimant’sRetirementBenefitLosses
NoRTPwillbeappliedtoanycalculatedRetirementBenefitLosses.
EXHIBIT 8D
I. Individual Periodic Vendors (“IPV”)1
A. Eligibility
An IPV is a Natural Person claiming economic loss during a period in May through December 2010 who satisfies all of the following criteria:
B. Causation
1. Causation shall be presumed for claimed losses associated with lost Covered Sales in Zones A and B. If the claimant alleges lost Covered Sales in Zone C, the claimant must provide either:
a. Documents establishing a decline of 5% or more in net earnings from the claimant’s Covered Sales in Zone C during the claimant-selected period of 3 consecutive months or more during May through December 2010 (“Compensation Period”), compared to the same 3 or more consecutive month period in 2009; OR
1
This section is not intended to compensate losses associated with vendors who do not qualify for compensation pursuant to Sections I – V and whose claimed losses relate to income from Festivals (as defined herein). Festival-related losses are addressed in a separate section of this document. Claimants may, however, file separate claims for compensation associated with Festival-related losses and IPV-related losses, as applicable.
2
CONSUMER shall have the meaning in the Economic and Property Damages Settlement Agreement. A CONSUMER shall be considered a “non-local CONSUMER” if they reside more than 60 miles from the location at which claimant made the Covered Sale.
b. A statement from an Adjacent Business as defined in Section I(C)4(e) below, that the Adjacent Business experienced a decline in sales to non-local CONSUMERS during May through December 2010 compared to May through December 2009 due to or resulting from the DWH Spill.
C. Documentation Requirements
An IPV under this Section must provide the documents indicated below:
1. Records Regarding Covered Sales
2. Licensing Documentation: If a government-issued license/permit was required to make any Covered Sales, IPV shall provide a copy of valid 2009 and 2010 licenses,3 or evidence such existed, such as:
3. IPV Employability Documentation4: The IPV must provide both:
To the extent a state or municipality or other governmental agency agrees to provide the Claims Administrator with access to any official database sufficient for the Claims Administrator to confirm the claimant possessed a valid 2009 and 2010 license, the Claims Administrator need not require from the claimant a copy of the valid license. Rather, the Claims Administrator is authorized to accept from the claimant the license number as sufficient to satisfy this subpart, and the Claims Administrator will use the database to confirm claimant’s license is valid.
a. A copy of a Social Security card, government issued identification, temporary worker visa, or green card that was valid as of April 20, 2010 or verification of existence of at least one such document from a public database providing the same information as would be provided from the original document;
AND
b. Evidence that the IPV was at least 16 years of age as of April 20, 2010. Acceptable evidence includes a copy of a valid driver’s license, a valid passport, or the IPV’s birth certificate, other government issued identification indicating date of birth, or verification of existence of at least one such document from a public database providing the same information as would be provided from the original document.
4. IPV Sworn Written Statement: The IPV must submit a Sworn Written Statement that sets forth all of the following:
To the extent the state or federal government agrees to provide the Claims Administrator with access to any official database sufficient for the Claims Administrator to confirm that a claimant possessed valid documentation of the type required in subparts 3(a) and 3(b). The Claims Administrator may not require from the claimant a copy of the requested document. Rather, the Claims Administrator is authorized to accept from the claimant the relevant government issued number as sufficient to satisfy this subpart 3, and the Claims Administrator shall utilize the database to confirm the claimant’s government issued numbered is valid.
in support of the claim. If no such Adjacent Business exists, the IPV shall so state.
5. Adjacent Business Sworn Written Statement:
The IPV must procure and submit a Sworn Written Statement from an owner or employee of an Adjacent Business(es) (“Adjacent Business Affiant”), setting forth the following:
5
i. A statement from the Adjacent Business Affiant that the Adjacent Business experienced a decline in sales to non-local CONSUMERS during the same three or more consecutive months in May through December 2010 compared to the same three or more consecutive months in May through December 2009;
ii. A description of the amount and time period of such decline, the Adjacent Business Affiant’s basis for such statements; and
iii. An explanation of how the decline was due to or resulting from the DWH Spill.
D. Compensation Calculation
Consistent with the Causation provisions of Section B.1., the Claims Administrator shall evaluate the sufficiency and reliability of information provided by IPV and the supporting Adjacent Business Affiant(s), including the sworn claim form, Sworn Written statements, interviews (if any) and/or any supplemental information the Claims Administrator may require, to determine whether (i) the IPV engaged in Covered Sales to non-local CONSUMERS and such non-local Covered Sales declined in the Compensation Period and/or (ii) the IPV experienced any other decline in Covered Sales due to or resulting from the DWH Spill. Compensation may be awarded where the Claims Administrator determines that causation has been established based upon the above-described information as well as sufficient documentation for the Claims Administrator to determine that the Covered Sales identified by the claimant occurred during the periods indicated (“Sufficient Documentation”). Examples of such Sufficient Documentation include:
6
The IPV Earnings from Covered Sales shall be calculated as the difference between a) the IPV’s total revenues less corresponding total expenses related to Covered Sales for any claimant selected Compensation Period of three or more consecutive months between May 1 and December 31, 2010, and b) the same months in 2009.
The IPV’s Lost Earnings shall be calculated as the IPV Earnings from Covered Sales for the Base Period minus the IPV Earnings from Covered Sales for the Compensation Period.
The IPV’s Compensation Amount shall be equal to the lesser of the IPV’s Lost Earnings or $12,000. An RTP of 1 shall be applicable.
If the Claims Administrator has reason to question the reliability of the information provided or if the Claims Administrator feels that the information supplied is insufficient for a determination of the IPV’s loss to be made under this Section I, then the Claims Administrator may request an interview of the IPV and/or the Adjacent Business Affiant(s) consistent with the Interview Procedures set forth in the Addendum Regarding Interviews of Claimants Alleging Individual Economic Loss.5
The Claims Administrator shall determine the Final Compensation Amount based on the information provided by the IPV and the supporting Adjacent Business Affiant(s), including the sworn claim form, affidavits, interviews, any supplemental information the Claims Administrator may require the IPV to provide to support the claim, and/or any other information the Claims Administrator may determine to be relevant and reliable. The Claims Administrator may rely on his credibility and reliability determinations in determining the Final Compensation amount, if any, to be provided to the IPV.
II. FESTIVAL VENDORS6
A. Eligibility
A “Canceled Festival” is a Festival that occurred at any time from May through December 2009 and was originally scheduled to occur at any time between May through December 2010, but was canceled after April 20, 2010 as a result of the DWH Spill.
5
Nothing in this Individual Economic Loss Framework shall in any way limit the right and obligation of the Claims Administrator to investigate fully all suspicions of fraudulent conduct by or on behalf of any claimant, including but not limited to conducting any interviews and obtaining any documents the Claims Administrator deems necessary.
6
For purposes of this document, IPVs and Festival Vendors are considered to be separate claimants, but nothing precludes a claimant from making a claim both as a IPV and as a Festival Vendor.
6
The Parties shall seek a Court Order authorizing them to obtain from relevant state and local authorities information regarding examples of Festivals that may be presented at the Fairness Hearing.
A “Festival” includes organized street festivals, tournaments or major sporting events, outdoor art exhibitions, carnivals or other similar events of the type set forth in Attachment B held in Zone A, B or C at any time during May through December 2009 and/or May through December 2010.
“Festival Sales” are legal sales of items defined as Covered Sales made at retail at Festivals.
A “Replacement Festival” includes any organized street festival, tournament or major sporting event, outdoor art exhibition, carnival or other similar event of the type set forth in Attachment B, regardless of where that event was held, in which the claimant participated between May and December 2010 in lieu of a Canceled Festival.
“Replacement Festival Sales” are legal sales of items defined as Covered Sales made at retail at Replacement Festivals.
A claimant must be an eligible Festival Vendor to qualify for compensation pursuant to this Section II. A “Festival Vendor” (also referred to herein as “claimant”) is a Natural Person claiming economic loss for a period in May through December 2010 who satisfied all of the following criteria below:
B. Causation
Written Statement and Festival Coordinator are defined in Sections II(C)5 below.
C. Documentation Requirements
A Festival Vendor under this Section must provide the documents indicated below:
1. Records Regarding Festival Sales
(ii) entry or registration forms, or other documents showing all booth or stall assignments, and (iii) any documents notifying the Festival Vendor that the Canceled Festival was canceled. The Festival Vendor shall also
9
identify any Replacement Festival in which the Festival Vendor participated and the corresponding Canceled Festival. If the Festival Vendor did not participate in any Replacement Festivals, the Festival Vendor should so state.
d. Documents identifying by name, address and telephone number any employee in connection with the Festival Sales or Replacement Festival Sales of claimant during 2009 or 2010.
2. Licensing Documentation7: If a government-issued license/permit was required to make any Festival Sales or Replacement Festival Sales, Festival Vendor shall provide a copy of valid 2009 and 2010 licenses, such as:
3. Festival Vendor’s Employability Documentation8: The Festival Vendor must provide both:
a. A copy of a Social Security card, government issued identification or card, temporary worker visa, or green card that was valid as of April 20, 2010 or a verification of existence of at least one such document from a public database providing the same information as would be provided from the original document;
7
To the extent a state or municipality or other governmental agency agrees to provide the Claims Administrator with access to any official database sufficient for the Claims Administrator to confirm the claimant possessed a valid 2009 and 2010 license, the Claims Administrator need not require from the claimant a copy of the valid license. Rather, the Claims Administrator is authorized to accept from the claimant the license number as sufficient to satisfy this subpart, and the Claims Administrator will use the database to confirm claimant’s license is valid.
8
To the extent the state or federal government agrees to provide the Claims Administrator with access to any official database sufficient for the Claims Administrator to confirm that a claimant possessed valid documentation of the type required in subparts 3(a) and 3(b). The Claims Administrator may not require from the claimant a copy of the requested document. Rather, the Claims Administrator is authorized to accept from the claimant the relevant government issued number as sufficient to satisfy this subpart 3, and the Claims Administrator shall utilize the database to confirm the claimant’s government issued numbered is valid.
AND
b. Evidence that the Festival Vendor was at least 16 years of age as of April 20, 2010. Acceptable evidence includes a copy of a valid driver’s license, a valid passport, or a copy of the Festival Vendor’s birth certificate or verification of existence of at least one such document from a public database providing the same information as would be provided from the original document.
4. Festival Vendor Sworn Written Statement: The Festival Vendor must submit a
Festival Vendor Sworn Written Statement setting forth all of the items below:
a. | Verification that the Festival Vendor does not have available, and is not | |||
---|---|---|---|---|
able to provide, Tax Information Documents sufficient to support a | ||||
claim as a business under the Business Compensation Framework. | ||||
b. | A description of the Festival Sales and Replacement Festival Sales, | |||
made by the Festival Vendor, including a description of the relevant | ||||
goods or services sold by the Festival Vendor. | ||||
c. | A statement that (i) the Festival Vendor possessed and has attached | |||
copies of all required licenses and/or permits as set forth in Section | ||||
II(C)2, or (ii) that no such license(s) were required. | ||||
d. | A statement that all available receipts or records of Festival Sales | |||
and/or Replacement Festival Sales from (i) May through December | ||||
2009 and (ii) May through December 2010 that Festival Vendor | ||||
possesses or has access to have been provided in support of the claim. | ||||
e. | A list of each Festival and Replacement Festival in which the Festival | |||
Vendor participated as a vendor in 2009 and 2010, and each Canceled | ||||
Festival. The Festival Vendor must also provide the following in writing, | ||||
as well as the supporting documentation identified above: | ||||
i. | the name, date(s) and location(s) of each Festival, or | |||
Replacement Festival, and, for Canceled Festivals, the name | ||||
and originally planned date(s) and location(s); | ||||
ii. | the name, address, business telephone number, and a brief | |||
description of any sponsor or organizer of each Festival, | ||||
Canceled Festival and Replacement Festival; | ||||
iii. | a description of all fees paid in connection with participation or | |||
exhibition in each Festival, Canceled Festival or Replacement | ||||
Festival; and | ||||
iv. | for each Festival or Replacement Festival, a statement that | |||
provides all booth or stall assignments, records of payment | ||||
made by Festival Vendor to participate in each Festival or | ||||
11 |
Replacement Festival, and sales tax receipts obtained by the Festival Vendor in connection with their participation.
5. Festival Coordinator Sworn Written Statement(s): A Sworn Written Statement from an individual representing the entity or committee responsible for organizing the Festival (“Festival Coordinator”) for each Festival, Canceled Festival or Replacement Festival for which loss is claimed setting forth all of the following:9
If the Festival Coordinator is willing to provide at one time information identified in subparts 5(c), 5(d) and 5(e) for all Festival Vendors at one time, then a single Festival Coordinator Sworn Written Statement shall be sufficient for all claims by Festival Vendors. Alternatively, the Festival Coordinator may prefer to provide separate Festival Coordinator Sworn Written Statements for each Festival Vendor containing the information required in subparts 5(c), 5(d) and 5(e), and this shall likewise be acceptable.
business telephone number of any sponsor or organizer of each such Festival, Canceled Festival or Replacement Festival.
6. Sponsor Sworn Written Statement: If no Festival Coordinator affiant is available, submit a Sworn Written Statement from another person other than a relative who has personal knowledge of the Festival Vendor’s participation in a Festival or non-participation in a Canceled Festival (including but not limited to a customer, fellow Festival Vendor, or operator of a business located within 100 feet of the Festival Vendor’s sales location at the Festival), providing details regarding the Festival or Canceled Festival and the Festival Vendor’s relationship to such Sponsor that shall set forth all of the following:
7. The Claims Administrator shall evaluate the sufficiency and reliability of information provided by Festival Vendor and the supporting Festival Coordinator affiant(s), including the sworn claim form, the Festival Vendor Sworn Written Statement, the Festival Coordinator Sworn Written Statement(s), the Sponsor Sworn Written Statement(s) and/or any supplemental information the Claims Administrator may require, to determine whether (i) Festival Vendor engaged in Festival Sales and (ii) such sales declined in the period May through December 2010.
D. Compensation Calculation
Where the Claims Administrator determines that causation has been established based upon (i) the Zone, or (ii) the Festival Vendor Sworn Written Statement and either (a) Festival Coordinator Sworn Written Statement(s) or (b) Sponsor Sworn Written Statement(s), as well as other documentation, a Festival Vendor relying on this Section II may receive compensation as follows:
1. Festival Vendors with Documentation Establishing Loss of Earnings from Festivals
a. Step 1: Specify Festivals or Canceled Festivals for which claimant incurred economic loss related to the DWH Spill.
The Festival Vendor will be eligible for compensation for losses associated with each Eligible Festival. An “Eligible Festival” shall be defined as a Festival or Canceled Festival that satisfies all of the following criteria:
i. The Festival Vendor must demonstrate losses associated with the Festival.
ii. The Festival must have taken place (or for a Canceled Festival, must have been originally scheduled to take place) between May 1, 2010 and December 31, 2010.
14
iii. Claimant must have participated in the Festival in 2010, or, for Canceled Festivals, the claimant must provide documents establishing the cancellation, and that the claimant participated in same Festival in 2009.
iv. Documentation (including Festival Coordinator Sworn Written Statement(s)) must be sufficient to establish loss.
Festival Vendor Lost Earnings will be calculated as the difference between Festival Vendor Earnings from Eligible Festival(s) from May through December 2009 (determined in Step 2) less Festival Vendor Earnings from Eligible Festival(s) or Replacement Festival(s) from May through December 2010 (determined in Step 3).
Total Festival Vendor Lost Earnings may not exceed $12,000. An RTP of an amount agreed upon by the arties not to exceed 1 shall be applicable.
2. Festival Vendor Without Sufficient Documentation Of Earnings From Festival Sales Who Relies On Festival Coordinator Sworn Statements.
For a Festival Vendor without documentation sufficient to demonstrate and calculate Festival Vendor Earnings from Eligible Festival(s), and who relies on a Sworn Written Statement(s) by a Festival Coordinator, such Festival Vendor will be compensated up to $10,000, based upon the Claims Administrator’s assessment of the credibility and reliability of the information provided by the Festival Vendor in support of the claim (including financial performance, completeness and accuracy of documentation, interview results, and any other relevant information). No RTP shall be applicable.
If the Claims Administrator has reason to question the reliability of the information provided or if the Claims Administrator feels that the information supplied in insufficient for a determination of the Festival Vendor’s loss under this Section II. Then the Claims Administrator may request an interview of the Festival Vendor and/or the Festival Coordinator, consistent with the Interview Procedures set forth in the Addendum Regarding Interviews of Claimants Alleging Economic Loss.
The Claims Administrator shall determine the Final Compensation Amount based on the information provided by the Festival Vendor and the supporting Festival Coordinator affiant(s), including the sworn claim form, the Festival Vendor Sworn Written Statement, the Festival Coordinator Sworn Written Statement(s), the Sponsor Sworn Written Statement(s), interviews and/or any supplemental information the Claims Administrator may require the Festival
15
Vendor to provide to support the claim. The Claims Administrator may rely on his credibility and reliability determinations in determining the Final Compensation Amount, if any, to be provided to the Festival Vendor.
Attachment A
COVERED SALES
Expressly excluded from this Framework are Deepwater Divers and any individuals working on an Oil Rig.
Attachment B INCLUDED IN FESTIVALS
EXHIBIT 8E
Addendum Regarding Interviews Of Claimants Alleging Individual Economic Loss And Other Individuals Providing Sworn Statements In Support Of Such A Claim
The Parties agree to the following proposed Addendum, which applies where it is referenced in the Framework for Individual Economic Loss Claims, subject to the understanding that it is contingent on the concurrence of the selected Claims Administrator1 that the terms, conditions and deadlines set forth in the addendum are realistic and achievable.
If, after reviewing the Claim Form, and other information submitted by or on behalf of the claimant (collectively, the “Claim Submission”), the Claims Administrator believes there is a reasonable basis to question the credibility and reliability of information in the Claim Submission, the Claims Administrator may interview the claimant and/or any other individual providing a sworn statement in support of the claimant’s claim, in order to resolve any such question regarding reliability. Such interviews may, at the Claims Administrator’s option, be conducted in-person, by telephone or electronically (e.g., via Skype).
1 As explained in Economic and Property Damages Settlement Agreement §§ 3.3.3 and 3.3.6, the Claims Administrator is responsible for overseeing the Claims Administration Vendors who process claims.
2 The Claims Administrator will determine the opening date of the Claims Facility.
2
and they or their representatives request that any interview be conducted by an individual of the same ethnic background, the Claims Administrator shall endeavor in good faith to comply with that request. If and to the extent the Claims Administrator concludes compliance with this provision are causing significant delay in claims processing, they shall bring the issue to the attention of Lead Class Counsel and BP Counsel so that the parties can seek resolution of the issue through the Claims Administration Panel.
EXHIBIT 9
Framework For Subsistence Claims
A. Eligibility
B. Compensation
1
“Game” is defined as nutria, mink, otters, raccoons, muskrats, alligators, and other wetlands and coastal wildlife.
2
This definition is derived from various statutory and regulatory sources (e.g., ANILCA, Coast Guard) revised to reflect the socio-economic realities of the Gulf Coast ethnic, traditional, and customary subsistence communities and individuals.
3
The definitions of Seafood, Commercial Fisherman and Seafood Crew from the Seafood Distribution Chain Definitions document shall apply herein.
earnings claim also submitted by the claimant for compensation under the
Seafood Program to ensure that any in-kind Seafood compensation received by
the claimant is appropriately allocated between the claimant’s lost earnings and
subsistence claims. For example, Seafood sold by the claimant, rather than used
for barter should be allocated toward lost earnings which shall be compensated
through the Seafood Program.
C. Documentation Requirements
The Claimant must provide sufficient information for the Claims Administrator to determine (1) that the claimant satisfies the Subsistence Claimant definition and, (2) the quantity of Gulf of Mexico natural resources from within the Class Definition geographic area lost by the Subsistence Claimant during the time period April 20, 2010 to December 31, 2011. The required documents shall include:
1. The Gulf of Mexico location(s) within the Class Definition geographic area where claimant fished or hunted or utilized Gulf of Mexico natural resources immediately prior to the oil spill.
2
a. Type of documentation: (1) Identification on map and narrative description on claims form; (2) narrative description on claims form of equipment used to fish or hunt; and (3) affidavit verifying location of claimant’s fishing or hunting grounds.
2. The location where the claimant fished or hunted or utilized Gulf of Mexico natural resources between April 20, 2010 and December 31, 2011.
a. Type of documentation: Information provided by claimant on claims form.
3. Length of time that fishing or hunting areas were closed or impaired as a result of the spill.
a. Type of documentation: Information provided by claimant on claims form, to be confirmed by claims facility by reference to closure maps and other relevant reports.
4. Prior to spill, claimant relied upon the fishing or hunting area at issue for subsistence purposes as defined above.
a. Type of documentation: (1) Claimant to specify on claims form number of people in the extended family unit who rely on natural resources caught by the Subsistence Claimant, the specific species and amounts of natural resources relied upon, the percentage of subsistence source that natural resources from closed or impaired areas provided prior to the spill, and (2) a supporting affidavit.4 Following an interview with the claimant, members of the claims administration staff may, at their discretion, require an additional affidavit from a third party or other appropriate supporting information.
5. Copy of state and/or federal commercial or recreational fishing and/or hunting license. Deckhands or others that are not required to possess a fishing license are excused from this requirement.
D. Court-Appointed Distribution Agents Audit Process
BP, the PSC and the Claims Administrator shall jointly propose a Court-Appointed Distribution Agent (“CADA”). Upon approval, the CADA shall work under the direction and supervision of the Claims Administrator. The CADA shall establish a dedicated team to assist Subsistence claimants in completing the claim form and collecting supporting documentation, and will also confirm the eligibility status of the claimants. The CADA will conduct subsistence interviews with claimants and apply the
4 The Parties shall collaborate on a form affidavit for Subsistance Claimants, which shall be subject to approval by the Claims Administrator Panel.
3
compensation formula. The CADA team shall establish a physical presence and a reasonable operating schedule to allow claimants to be interviewed in their geographical area including at Landing Dock locations.
E. Field Visits
There is no pre-set cap on payment amounts for Subsistence claims. However, the CADA will not pay Subsistence claims with a base amount greater than $10,000 per extended family unit without conducting a field visit and investigation as to the accuracy of the claim prior to the payment.
An RTP of 2.25 shall be applied to the base compensation amount.
4
EXHIBIT 10
SEAFOOD COMPENSATION PROGRAM
TABLE OF CONTENTS Page
SEAFOOD COMPENSATION PROGRAM OVERVIEW
The Seafood Compensation Program shall cover and compensate Commercial Fishermen, Seafood Boat Captains, all other Seafood Crew, Oyster Leaseholders, and Seafood Vessel Owners for economic loss claims relating to Seafood.1 All economic loss claims by Commercial Fishermen, Seafood Boat Captains, all other Seafood Crew, Oyster Leaseholders, and Seafood Vessel Owners relating to Seafood will be part of and must be brought under the Seafood Compensation Program.2
The Seafood Compensation Program is divided into the following compensation categories and claim types:
TABLE 1
CATEGORY | COMPENSABLE CLAIMS | |
---|---|---|
Shrimp | • | Vessel Owner/Commercial Fisherman |
Vessel Lessee claims | ||
• | Boat Captain claims | |
Oyster | • | Leaseholder Interest claims |
• | Leaseholder Lost Income claims | |
• | Vessel Owner/Oyster Harvester Vessel Lessee claims | |
• | Boat Captain claims | |
Finfish | • | Vessel Owner/Commercial Fisherman Vessel Lessee claims |
• • | Boat Captain claims Individual Fishing Quota holder claims | |
Blue Crab/Other Seafood | • | Vessel Owner/Commercial Fisherman Vessel Lessee claims (including crab trap damage) |
• | Boat Captain claims |
1
The terms Commercial Fisherman, Seafood Boat Captains, Seafood Crew, Oyster Leaseholders and Seafood Vessel Owners as defined in the “Seafood Distribution Chain Definitions” (Exhibit 3 to the Deepwater Horizon Economic and Property Damages Settlement Agreement) shall apply in this Seafood Compensation Program.
2
To the extent terms herein are defined in the Deepwater Horizon Economic And Property Damages Settlement Agreement, those definitions shall apply in the Seafood Compensation Program. Nevertheless, any term specifically defined within the Seafood Compensation Program, shall be interpreted as set forth in this Seafood Compensation Program, notwithstanding any contrary definition in the Deepwater Horizon Economic And Property Damages Settlement Agreement.
CATEGORY
COMPENSABLE CLAIMS
Seafood Crew (excluding Boat Captains) for
• Crew claimants with standard all Seafood industries
documentation
For each category and compensable claim type, a Claimant will have to establish that the Claimant is a Class Member and meets the separate eligibility requirements defined below. In addition, Claimants are subject to the requirements of the Deepwater Horizon Economic And Property Damages Settlement Agreement and any applicable Court order, except as otherwise modified or provided by the Seafood Compensation Program.
Claimants are able to file a single Seafood Compensation Program Sworn Claim Form seeking compensation for multiple compensable claims. A Claimant filing a claim under the different plan in the Seafood Compensation Program, may be required to use different historical information for the Benchmark Period and must review the definition of Benchmark Period in each plan. For example, the Claimant may use a different Benchmark Period for the Claimant’s claim under the Shrimp Compensation Plan and the Claimant’s claim under the Oyster Compensation Plan. The following provides a non-exhaustive list of examples in which a single claimant might be eligible to receive compensation for multiple compensable claims:
Seafood Compensation Program Sworn Claim Forms may be submitted at any time after entry of the Preliminary Approval Order, but no later than thirty (30) days from the date of entry of the Final Order and Judgment of the District Court ruling upon final approval of the Settlement (Bar Date). Claims will be processed and paid as expeditiously as possible by the Claims Administrator.
It is expressly acknowledged that the fact that a Claimant has made a claim and/or received compensation under the Seafood Compensation Program, does not preclude that claimant from making an independent claim and/or receiving compensation under the Deepwater Horizon Economic And Property Damages Settlement Agreement.
Compensation received by an eligible Claimant under the Seafood Compensation Program will be reduced by the amount of prior Seafood Spill-Related Payments as described in the Seafood Spill Related Payment Reduction Procedures in this document.3 No other reductions to the compensation amount under the Seafood Compensation Program will be taken, including compensation received for work in the VoO Program or compensation for VoO Damages under the Settlement.
The Seafood Compensation Program shall cover and compensate the economic loss claims for Commercial Fishermen, Seafood Crew, Oyster Leaseholders, and Seafood Vessel Owners. It does not cover subsistence claims.
General Framework and Overview of Seafood Compensation Program Distribution
The Seafood Compensation Program is estimated to result in prompt claims payments totaling more than $1.9 billion representing approximately 83% of the $2.3 billion Seafood Compensation Program Amount. After applying the terms of the Deepwater Horizon Economic And Property Damages Settlement Agreement (including determining the Seafood Compensation Program Amount) and paying the eligible Seafood Compensation Program claims, the Claims Administrator shall determine the amount of funds, if any, constituting the remaining Seafood Compensation Program Amount. In the event there are Seafood Compensation Program Amount funds remaining, such funds will be distributed to claimants that received compensation from the Seafood Compensation Program. The balance will be distributed to each Claimant in proportion to the Claimant’s gross compensation expressed as a share of the gross compensation paid by the Claims Administrator to all claimants under the Seafood Compensation Program.4 Gross compensation reflects compensation paid by the Claims Administrator prior to deduction for Seafood Spill-Related Payments. If, however, the Court-Appointed Neutral determines that a distribution other than purely proportional would be more appropriate in light of the information available at the time of the second distribution, he may recommend to the Court that the second distribution be reallocated in an alternative fashion. Any such reallocation will be subject to court approval.
3
Seafood Spill-Related Payments are defined as compensation paid to a claimant through the OPA Process, by BP, the GCCF, or through the Transition Facility for economic loss claims relating to Seafood.
4
All claimants who receive compensation under the Seafood Compensation Program are entitled to a share of the distribution of the balance whether or not their individual claims have been characterized as “lump sum” or a similar term, and whether or not they are members of Categories II and III of the Seafood Crew Compensation Plan (each of which provides for an Aggregate Compensation Amount, which shall not apply as a limitation to a Claimant’s entitlement to a share of the balance to be distributed).
SHRIMP COMPENSATION PLAN
Generally Applicable Provisions of the Shrimp Compensation Plan:
A. Proof of ownership of the vessel during the time period of April 20, 2010 to December 31, 2010.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired before that date) that authorized that vessel to commercially fish for shrimp in the Specified Gulf Waters for the 2009 season or the 2010 season. However, a Vessel Owner who did not have such a license for the vessel can participate in the Shrimp Compensation Plan for that vessel if the Claimant can establish the criteria for the New Entrant Compensation Method as described in Section III below.
C. The vessel name and any applicable federal and/or state vessel registration numbers.
D. Proof that either:
E. A sworn statement attesting as to whether or not the vessel was leased during the time period April 20, 2010 to December 31, 2010. If the vessel was leased during this time period, the Vessel Owner must provide a copy of the lease agreement.
F. A sworn statement attesting as to whether or not the Vessel Owner was the Boat Captain for that vessel during January 1, 2007 through December 31, 2009. If the Vessel Owner was not the sole Boat Captain for that vessel for some portion of January 1, 2007 through December 31, 2009, to the extent possible, the Claimant shall identify all other Boat Captains employed on the vessel and the time periods for which the Boat Captains were employed.
5. To establish eligibility to participate in the Shrimp Compensation Plan, a Commercial Fisherman Vessel Lessee must provide for each vessel for which the claimant seeks compensation:
A. Proof that during the period of April 20, 2010 through December 30, 2010 the Claimant leased the vessel to be used for commercial shrimping.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired before that date) that authorized that vessel to commercially fish for shrimp in the Specified Gulf Waters for the 2009 season or the 2010 season. However, a Commercial Fisherman Vessel Lessee who did not have such a license for the vessel can participate in the Shrimp Compensation Plan for that vessel if the Claimant can establish the criteria for the New Entrant Compensation Method as described in Section III below.
C. The vessel name and any applicable federal and/or state vessel registration identification numbers.
D. Proof that either:
E. A sworn statement, attesting that the Commercial Fisherman Vessel Lessee leased the vessel during the time period of April 20, 2010 to December 31, 2010. The Commercial Fisherman Vessel Lessee must also provide a copy of the lease agreement for the vessel.
F. A sworn statement attesting as to whether or not the Commercial Fisherman Vessel Lessee was the Boat Captain for that vessel during January 1, 2007 through December 31, 2009. If the Commercial Fisherman Vessel Lessee was not the sole Boat Captain for that vessel for some portion of January 1, 2007 through December 31, 2009, to the extent possible, the Claimant shall identify all other Boat Captains employed on the vessel and the time periods for which the Boat Captains were employed.
When documents are requested in the Seafood Compensation Program, Claimant may provide either legible copies or originals of the documents.
of Seafood Spill-Related Payments, including documents providing the claimant’s BP/GCCF/Transition Facility Claim Number, if applicable, and any corresponding payments.
Shrimp Compensation Plan Definitions:
Benchmark Period6 is selected by the Claimant and can be (i) 2009, (ii) 2008 and 2009, or (iii) 2007, 2008 and 2009. If the Claimant elects to use years 2008 and 2009 or 2007, 2008, and 2009, the annual revenue amounts shall be averaged. In the event the Claims Administrator determines that the Claimant (individual or vessel) did not participate at the same level of effort in shrimp harvesting due to circumstances beyond the Claimant’s control (such as illness, disability or major mechanical failure), the Claims Administrator may at his discretion allow the Claimant to exclude one or more years of the Benchmark Period.
A Vessel Owner or Commercial Fisherman Vessel Lessee must submit separate Vessel Owner/Commercial Fisherman Vessel Lessee claims for each vessel they owned or leased and may select different Benchmark Periods for different vessels.
A Boat Captain’s claim reflects the Claimant’s activities on all vessels, and the Boat Captain must select a single Benchmark Period for the Claimant’s claim.
A Vessel Owner or Commercial Fisherman Vessel Lessee who also submits a Boat Captain claim may select different Benchmark Periods for the Claimant’s Vessel Owner/Commercial Fisherman Vessel Lessee claim and the Claimant’s Boat Captain claim.
Compensation Plan Methods:
There are four methods for a Vessel Owner/Commercial Fisherman Vessel Lessee and/or Boat Captain to be compensated under the Shrimp Compensation Plan. The options are:
A Vessel Owner or Commercial Fisherman Vessel Lessee may select different Compensation Plan Methods for different vessels. There is no qualifying revenue level required for the Historical Revenue Method. The qualifying vessel revenue for the Expedited Compensation Method and Reduced Expedited Compensation Method is summarized in the second column of Table 2 and the compensation amount is summarized in the third column. The eligibility, documentation and details of each method are described more fully in Sections I and II below.
For the Seafood Compensation Program, the Benchmark Period is defined independently for each Seafood Compensation Program Plan and is set forth within the specific Plan. Definitions of Benchmark Period in any other frameworks in the Deepwater Horizon Economic And Property Damages Settlement Agreement do not apply in the Seafood Compensation Program.
A Boat Captain must select a single Compensation Method for his claim. There is no qualifying revenue for the Historical Revenue Method. The qualifying vessel revenue for the Expedited Compensation Method and Reduced Expedited Compensation Method must be made based on revenue for a single vessel size and type category (but not necessarily for a single vessel). The qualifying revenue for the Expedited Compensation Method and Reduced Expedited Compensation Method is summarized in the second column of Table 2 and the compensation amount is summarized in the third and fourth columns. The eligibility, documentation and details of each method are described more fully in Sections I and II below.
TABLE 2
Qualifying Vessel Revenue and Compensation for Expedited and Reduced Expedited Methods
Vessel | |||
---|---|---|---|
Owner/Commercial | |||
Qualifying | Fisherman Vessel | ||
Vessel | Lessee | Boat Captain | |
Vessel Size | Revenue | Compensation | Compensation |
Expedited Method: | |||
---|---|---|---|
< 30 feet | $32,500 | $104,063 | $92,813 |
30 - 44 feet | $40,000 | $135,281 | $107,250 |
45 - 74 feet (Ice) | $90,000 | $270,563 | $160,875 |
45 - 74 feet (Freezer) | $275,000 | $478,688 | $284,625 |
75+ feet (Ice) | $225,000 | $416,250 | $206,250 |
75+ feet (Freezer) | $400,000 | $582,750 | $288,750 |
Reduced Expedited Method: | |||
< 30 feet | N/A | N/A | N/A |
30 - 44 feet | $25,000 | $62,438 | $49,500 |
45 - 74 feet (Ice) | $50,000 | $145,688 | $86,625 |
45 - 74 feet (Freezer) | $200,000 | $333,000 | $198,000 |
75+ feet (Ice) | $150,000 | $291,375 | $144,375 |
75+ feet (Freezer) | $290,000 | $457,875 | $226,875 |
I. Expedited Compensation Method
A. Eligibility Requirements
1. Vessel Owner/Commercial Fisherman Vessel Lessee
In order to qualify for compensation under the Expedited Compensation Method, the Vessel Owner/Commercial Fisherman Vessel Lessee must provide for each vessel:
2. Boat Captains
In order to qualify for compensation under the Expedited Compensation Method, the Boat Captain must provide for each vessel:
a. Proof that during the Benchmark Period:
i. the Claimant was a Boat Captain on a commercial shrimping vessel with the home port of the vessel that was within the states of Louisiana, Mississippi and Alabama or a Florida registered vessel with its home port in the counties of Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden, Leon, Wakulla in the State of Florida; and,
ii. the vessel had revenue from commercial shrimping equal to or greater than the Qualifying Revenue in Table 3 based on vessel size and type for the Benchmark Period. A Boat Captain may combine vessel revenue from multiple vessels of the same size and type for the Benchmark Period; and,
iii. the Claimant was the Boat Captain of the vessel during the time period for which the vessel generated the revenue on which the Claimant relies to establish the Qualifying Revenue for the Benchmark Period reported in Table 3.
TABLE 3
VESSEL SIZE | QUALIFYING VESSEL REVENUE |
<30 feet | $32,500 |
30-44 feet | $40,000 |
45-74 feet Ice | $90,000 |
45-74 feet Freezer | $275,000 |
75+ feet Ice | $225,000 |
75+ feet Freezer | $400,000 |
B. Documentation Required
1. Vessel Owners/Commercial Fisherman Vessel Lessees
Vessel Owners/Commercial Fisherman Vessel Lessees seeking compensation under the Expedited Compensation Method must provide documents sufficient to prove eligibility pursuant to the applicable paragraphs of the “Generally Applicable Provisions of the Shrimp Compensation Plan” and the requirements in Section I.A.1, and to determine compensation pursuant to Section I.C below, including the following:
a. Trip Tickets or their equivalents such as dealer forms, which show the volume of shrimp harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period. The total volume multiplied by the price will be the applicable gross revenue.
– OR –
b. Federal or state tax and financial information as follows:
i. If Claimant is an entity, federal or state tax returns and sufficient documentation to identify those components of gross revenue derived from commercial shrimp harvesting by vessel for the Benchmark Period for each vessel for which the Claimant submits a Vessel Owner/Commercial Fisherman Vessel Lessee claim.
ii. If Claimant is an individual, federal form 1040 including Schedules C, E and F or state tax forms with supporting documents, as well as sufficient documentation to identify those components of earnings derived from commercial shrimp harvesting by vessel for the Benchmark Period.
iii. In addition, the Claimant must provide sufficient documentation for the Claims Administrator to be able to identify (i) Claimant’s revenue from shrimping as compared to other sources, (ii) Claimant’s revenue from landings in the Gulf Coast Areas. If necessary, the Claims Administrator may require supplemental information from the Claimant in order to make these determinations.
i. Vessel log book
ii. Share sheets
iii. Sales or other production reports maintained in the normal course of business.
2. Boat Captains
Boat Captains seeking compensation under the Expedited Compensation Method must provide documents sufficient to prove eligibility pursuant to the applicable paragraphs of the “Generally Applicable Provisions of the Shrimp Compensation Plan” and the eligibility requirements in Section I.A.2, and to determine compensation pursuant to Section I.C below, including the following:
a. Trip Tickets or their equivalents for each vessel, which show the volume of shrimp harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period. The total volume multiplied by the price will be the applicable gross revenue.
– OR –
i. Captain’s log book
ii. Vessel log book
iii. Share sheets
iv. Sales or other production reports maintained in the normal course of business.
C. Compensation Amounts
1. Vessel Owner/Commercial Fisherman Vessel Lessee Compensation
If the Claims Administrator determines that the Vessel Owner or Commercial Fisherman Vessel Lessee has provided necessary proof of eligibility and the required documentation, the Claimant shall receive the Vessel Owner/Commercial Fisherman Vessel Lessee Compensation for the vessel set forth in Table 4. The Vessel Owner/Commercial Fisherman Vessel Lessee Compensation includes an RTP of 8.25. A Claimant may have more than one vessel and is eligible for compensation for each vessel for which the Claimant independently satisfies the eligibility and documentation requirements.
TABLE 4
VESSEL SIZE | VESSEL OWNER/COMMERCIAL |
FISHERMAN VESSEL LESSEE | |
COMPENSATION | |
<30 feet | $104,063 |
30-44 feet | $135,281 |
45-74 feet Ice | $270,563 |
45-74 feet Freezer | $478,688 |
75+ feet Ice | $416,250 |
75+ feet Freezer | $582,750 |
2. Boat Captain Compensation
If the Claims Administrator determines that the Boat Captain has provided necessary proof of eligibility and the required documentation for a vessel, the Claimant shall receive the Boat
Captain Compensation set forth in Table 5. The Boat Captain Compensation includes an RTP of
7.25.
TABLE 5
VESSEL SIZE | BOAT CAPTAIN COMPENSATION |
<30 feet | $92,813 |
30-44 feet | $107,250 |
45-74 feet Ice | $160,875 |
45-74 feet Freezer | $284,625 |
75+ feet Ice | $206,250 |
75+ feet Freezer | $288,750 |
II. Reduced Expedited Compensation Method
If a Claimant does not qualify for the Expedited Compensation Method, the Claimant may qualify for the Reduced Expedited Compensation Method for each vessel.
A. Eligibility Requirements
1. Vessel Owner/Commercial Fisherman Vessel Lessee
In order to qualify for compensation under the Reduced Expedited Compensation Method, the Vessel Owner/Commercial Fisherman Vessel Lessee must provide for each vessel:
2. Boat Captains
In order to qualify for compensation under the Reduced Expedited Compensation Method, the Boat Captain must provide for each vessel:
a. Proof that during the Benchmark Period:
i. the Claimant was a Boat Captain on a commercial shrimping vessel with the home port of the vessel that was within the states of Louisiana, Mississippi and Alabama or a Florida registered vessel with its home port in the counties of Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden, Leon, Wakulla in the State of Florida; and,
ii. the vessel had revenue from commercial shrimping equal to or greater than the Qualifying Revenue in Table 6 based on vessel size and type for the Benchmark Period, a Boat Captain may combine vessel revenue from multiple vessels of the same size and type for the Benchmark Period; and,
iii. the Claimant was the Boat Captain of the vessel during the time period for which the vessel generated the revenue on which the Claimant relies to establish the Qualifying Revenue for the Benchmark Period reported in Table 6.
TABLE 6
VESSEL SIZE | QUALIFYING VESSEL REVENUE |
<30 feet | n/a |
30-44 feet | $25,000 |
45-74 feet Ice | $50,000 |
45-74 feet Freezer | $200,000 |
75+ feet Ice | $150,000 |
75+ feet Freezer | $290,000 |
B. Documentation Required
1. Vessel Owners/Commercial Fisherman Vessel Lessees
See documentation requirements for Vessel Owner/Commercial Fisherman Vessel Lessee Claimants under Expedited Compensation Method in Section I above.
2. Boat Captains
See documentation requirements for Boat Captain Claimants under Expedited Compensation Method in Section I above.
C. Compensation Amounts
1. Vessel Owner/Commercial Fisherman Vessel Lessee Compensation
If the Claims Administrator determines that the Vessel Owner or Commercial Fisherman Vessel Lessee has provided necessary proof of eligibility and the required documentation for a vessel, the Claimant shall receive the Vessel Owner/Commercial Fisherman Vessel Lessee Compensation set forth in Table 7. The Vessel Owner/Commercial Fisherman Vessel Lessee Compensation includes an RTP of 8.25. A Claimant may have more than one vessel and is eligible for compensation for each vessel for which the Claimant independently satisfies the eligibility and documentation requirements.
TABLE 7
VESSEL SIZE | VESSEL OWNER/COMMERCIAL |
FISHERMAN VESSEL LESSEE | |
COMPENSATION | |
<30 feet | n/a |
30-44 feet | $62,438 |
45-74 feet Ice | $145,688 |
45-74 feet Freezer | $333,000 |
75+ feet Ice | $291,375 |
> 75 feet Freezer | $457,875 |
2. Boat Captain Compensation
If the Claims Administrator determines that the Boat Captain has provided necessary proof of eligibility and the required documentation, the Claimant shall receive the Boat Captain Compensation set forth in Table 8. The Boat Captain Compensation includes an RTP of 7.25.
TABLE 8
VESSEL SIZE | BOAT CAPTAIN COMPENSATION |
<30 feet | n/a |
30-44 feet | $49,500 |
45-74 feet Ice | $86.625 |
45-74 feet Freezer | $198,000 |
75+ feet Ice | $144,375 |
75+ feet Freezer | $226,875 |
III. New Entrant Compensation Method
A. Eligibility Requirements
1. Vessel Owner
In order to qualify for the New Entrant Compensation Method, the Vessel Owner/Commercial Fisherman Vessel Lessee must establish for each vessel that as of April 20, 2010:
i. the Claimant owned or leased a vessel and intended to use the vessel predominantly as a shrimping boat, and
ii. the Claimant had expenditures for the vessel on shrimping gear, such as trawls, nets, iceboxes, or winches, in excess of $6,000 within 12 months prior to April 20, 2010.
2. Boat Captains
A Claimant may receive Boat Captain compensation under the New Entrant Compensation Method if the Claimant: (i) qualifies for compensation as a Vessel Owner/Commercial Fisherman Vessel Lessee under the New Entrant Compensation Method for the same vessel and
(ii) has not submitted a separate claim for compensation as a Boat Captain under any Shrimp Compensation Plan. Such Claimant cannot qualify as a Boat Captain for more than one vessel under the New Entrant Compensation Method.
Additionally, a Claimant who had not previously worked as a Boat Captain for a commercial shrimping vessel home ported in the Gulf Coast Areas may receive Boat Captain compensation under the New Entrant Compensation Method if the Claimant provides proof:
The Claims Administrator shall have the right to interview the Claimant and potential employer if the Claims Administrator determines an interview is appropriate.
B. Documentation Required
1. Vessel Owner/Commercial Fisherman Vessel Lessee
Vessel Owners and Commercial Fisherman Vessel Lessees seeking compensation under the New Entrant Compensation Method must provide documents sufficient to prove eligibility pursuant to the applicable paragraphs of the “Generally Applicable Provisions of the Shrimp Compensation Plan” and the eligibility requirements in Section III.A.1, and to determine compensation pursuant to Section III.C below, including proof of (i) vessel size and type, (ii) expenditures for purchase and/or repair of the vessel, or (iii) purchases of shrimping gear.
2. Boat Captains
Boat Captains seeking compensation under the New Entrant Compensation Method must provide documents sufficient to prove eligibility pursuant to the applicable paragraphs of the “Generally Applicable Provisions of the Shrimp Compensation Plan” and the eligibility requirements in Section III.A.2, and to determine compensation pursuant to Section III.C below.
C. Compensation Amount
1. Vessel Owner/Commercial Fisherman Vessel Lessee
If the Claims Administrator determines that the Vessel Owner/Commercial Fisherman Vessel Lessee has provided necessary proof of eligibility and the required documentation for a vessel, the Claimant shall receive the Vessel Owner/Commercial Fisherman Vessel Lessee Compensation set forth in Table 9. The Vessel Owner/Commercial Fisherman Vessel Lessee Compensation includes an RTP of 8.25.
TABLE 9
VESSEL SIZE | VESSEL OWNER/COMMERCIAL |
FISHERMAN VESSEL LESSEE | |
COMPENSATION | |
<30 feet | $26,016 |
30-44 feet | $33,820 |
45-74 feet Ice | $67,641 |
45-74 feet Freezer | $119,672 |
75+ feet Ice | $104,063 |
> 75 feet Freezer | $145,688 |
2. Boat Captains
If the Claims Administrator determines that a Claimant seeking compensation as a Boat Captain has provided necessary proof of eligibility and the required documentation, the Claimant shall receive the Boat Captain Compensation set forth in Table 10. The Boat Captain Compensation includes an RTP of 7.25.
TABLE 10
VESSEL SIZE | BOAT CAPTAIN COMPENSATION |
<30 feet | $23,203 |
30-44 feet | $26,813 |
45-74 feet Ice | $40,219 |
45-74 feet Freezer | $71,156 |
75+ feet Ice | $51,563 |
75+ feet Freezer | $72,188 |
IV. Historical Revenue Method
A. Eligibility Requirements
1. Vessel Owner/Commercial Fisherman Vessel Lessee
To be eligible under the Historical Revenue Method, a Vessel Owner/Commercial Fisherman Vessel Lessee must meet the eligibility requirements of the applicable paragraphs of the “Generally Applicable Provisions of the Shrimp Compensation Plan” and provide evidence to demonstrate the Claimant’s commercial shrimping revenue during the selected Benchmark Period.
2. Boat Captains
To be eligible under the Historical Revenue Method, a Boat Captain must meet the eligibility requirements of the applicable paragraphs of the “Generally Applicable Provisions of the Shrimp Compensation Plan” and provide evidence to demonstrate the Claimant’s earnings from commercial shrimping on vessels for which the Claimant served as Boat Captain during the selected Benchmark Period.
B. Documentation Required
1. Vessel Owners/Commercial Fisherman Vessel Lessees
Vessel Owners/Commercial Fisherman Vessel Lessees seeking compensation under the Historical Revenue Method must provide documents sufficient to prove the eligibility requirements in Section IV.A and to determine compensation pursuant to Section IV.C below, including the following:
a. Trip Tickets or their equivalents for each vessel for which Claimant seeks compensation, which show the volume of shrimp harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period for shrimp landed in the Gulf Coast Areas. The Claimant must provide sufficient documentation for the Claims Administrator to be able to identify gross revenue derived for each vessel solely for shrimp catch landed in the Gulf Coast Areas during the Benchmark Period. The total volume multiplied by price will be the applicable gross revenue.
– OR –
i. Vessel log book
ii. Share sheets
19
iii. Sales or other production reports maintained in the normal course of business.
2. Boat Captains
Boat Captains seeking compensation under the Historical Revenue Method must provide documents sufficient to prove the eligibility requirements in section IV.A.2 and to determine compensation pursuant to Section IV.C below, including the following:
a. Trip tickets or their equivalents for each vessel for which Claimant seeks compensation which show the volume of shrimp harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period for shrimp landed in the Gulf Coast Areas. The total volume multiplied by price will be the applicable gross revenue.
– OR –
i. Captain’s log book
ii. Vessel log book
iii. Share sheets
iv. Sales or other production reports maintained in the normal course of business
C. Compensation Calculations
1. Calculate Benchmark Shrimp Revenue
a. If trip tickets or their equivalents are used, the volume and price of shrimp on the trip tickets or their equivalents are used to calculate gross revenue from shrimp landed in the Gulf Coast Areas. If the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee, the Claimant may provide trip tickets for the Benchmark Period for each vessel for which compensation is being sought. If the Claimant is a Boat Captain, the Claimant may provide trip tickets or their equivalents for all vessels the Claimant served as a Captain during the Benchmark Period.
– OR –
b. The Claims Administrator may determine the gross vessel revenue or Boat Captain earnings from shrimp landings in the Gulf Coast Areas based on the Claimant’s tax returns, monthly profit and loss statements, or financial information if the Claims Administrator has sufficient information to determine: (i) Claimant’s revenue from shrimping as compared to other sources, and (ii) Claimant’s revenue from shrimp landings in the Gulf Coast Areas. If necessary, the Claims Administrator may require supplemental information from the Claimant in order to make these determinations.
2. Calculate Additional Catch Adjusted Benchmark Shrimp Revenue by multiplying Benchmark Shrimp Revenue by the Additional Catch Factor. The Additional Catch Factor is presented in Table 11 and is intended to compensate for lost undocumented catch and in-kind payments.
Additional Catch Adjusted Benchmark Shrimp Revenue = (Benchmark Shrimp Revenue * Additional Catch Factor)
TABLE 11
VESSEL SIZE | ADDITIONAL CATCH |
FACTOR | |
<30 feet | 1.25 |
30-44 feet | 1.20 |
45-74 feet Ice | 1.15 |
45-74 feet Freezer | 1.05 |
75+ feet Ice | 1.05 |
75+ feet Freezer | 1.05 |
3. Calculate Total Adjusted Benchmark Shrimp Revenue by multiplying the Additional Catch Adjusted Benchmark Shrimp Revenue by 1.2, the Adjustment for Changes in 2010-11 Prices.
Total Adjusted Benchmark Shrimp Revenue = (Additional Catch Adjusted Benchmark Shrimp Revenue * Adjustment for Changes in 2010-11 Prices).
4. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Benchmark Revenue was calculated using trip tickets or their equivalents, calculate Benchmark Shrimp Cost. Benchmark Shrimp Cost is calculated by multiplying Benchmark Shrimp Revenue by the Shrimp Cost Percentage. The Shrimp Cost Percentage, presented in Table 12, is expressed as a percentage of revenue and reflects standard industry non-labor variable costs. If the Claimant is a Boat Captain and Benchmark Revenue was calculated based upon his earnings, such as from tax return or financial information, then no Shrimp Cost Percentage is applied, skip to step 5.
Benchmark Shrimp Cost = (Benchmark Shrimp Revenue * Shrimp Cost Percentage)
TABLE 12
VESSEL SIZE | SHRIMP COST |
PERCENTAGE | |
<30 feet | 42% |
30-44 feet | 39% |
45-74 feet Ice | 39% |
45-74 feet Freezer | 42% |
75+ feet Ice | 54% |
75+ feet Freezer | 52% |
5. Calculate the Base Shrimp Loss using the Shrimp Loss Percentage of 35%.
a. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Total Adjusted Benchmark Shrimp Revenue was calculated using trip tickets or their equivalents, the Base Loss is calculated as follows:
Base Shrimp Loss = (Total Adjusted Benchmark Shrimp Revenue – Benchmark Shrimp Cost) * 35%
b. If the Claimant is a Boat Captain and Total Adjusted Benchmark Shrimp Revenue was calculated using a different source than trip tickets or their equivalents, the Base Loss is calculated as follows:
Base Shrimp Loss = Total Adjusted Benchmark Shrimp Revenue * 35%
6. Determine Base Compensation by multiplying Base Shrimp Loss by the appropriate Vessel Owner/Commercial Fisherman Vessel Lessee or Boat Captain share. Vessel Owner and Boat Captain shares differ by boat size and type and are presented in Table 13.
a. Base Compensation for Vessel Owners/Commercial Fisherman Vessel Lessees is calculated as:
Base Compensation = Base Shrimp Loss * Shrimp Vessel Share
b. Base Compensation for Shrimp Boat Captains is calculated as:
i. If Shrimp Boat Captain Compensation is calculated based on trip tickets then the Base Compensation for Shrimp Boat Captains is calculated as:
Base Compensation = Base Shrimp Loss * Shrimp Boat Captain Share
ii. If Shrimp Boat Captain Compensation is calculated based on tax returns and financial records, then the Base Compensation for Shrimp Boat Captains is calculated as:
Base Compensation = Base Shrimp Loss
TABLE 13
VESSEL TYPE AND SIZE | SHRIMP VESSEL OWNER/COMMERCIAL FISHERMAN VESSEL LESSEE SHARE | SHRIMP BOAT CAPTAIN SHARE |
---|---|---|
<30 feet | 45% | 45% |
30-44 feet | 45% | 40% |
45-74 feet Ice | 45% | 30% |
45-74 feet Freezer | 45% | 30% |
75+ feet Ice | 45% | 25% |
75+ feet Freezer | 45% | 25% |
7. Apply the RTP to Base Compensation in order to determine Final Compensation. Base Compensation is specific to Claimant type and is found in Table 14.
Final Compensation = Base Compensation + (Base Compensation * RTP)
TABLE 14
VESSEL | BOAT CAPTAINS | |
---|---|---|
OWNERS/COMMERCIAL | ||
FISHERMAN VESSEL | ||
LESSEES | ||
RTP | 8.25 | 7.25 |
V. Vessel Lease Compensation Allocation
To the extent the vessel was leased by the Vessel Owner to the Commercial Fisherman Vessel Lessee as of April 20, 2010, compensation will be allocated between the parties based upon Benchmark Revenue, as calculated above and Annual Lease Payment. The Annual Lease Payment shall be calculated as the annual payment to the Vessel Owner by the Commercial Fisherman Vessel Lessee for the lease in effect as of April 20, 2010. The ratio of the Annual Lease Payment to Benchmark Revenue multiplied by the Final Compensation determines the Vessel Owner Share of Final Compensation. The Commercial Fisherman Vessel Lessee’s Share of Compensation is Final Compensation less the Vessel Owner’s Share of Final Compensation.
Vessel Owner Share of Final Compensation = Final Compensation * (Annual Lease Payment / Benchmark Revenue)
Commercial Fisherman Vessel Lessee’s Share of Final Share of Compensation = Final Compensation - Vessel Owner Share of Final Compensation.
OYSTER COMPENSATION PLAN
The Oyster Compensation Plan provides compensation to Oyster Leaseholders and Oyster Harvester Claimants. Oyster Harvesters eligible under the Oyster Compensation Plan are (i) Seafood Vessel Owners, (ii) Oyster Harvester lessees of Seafood Vessels, and (iii) Seafood Boat Captains. Oyster Leaseholders can submit Leaseholder Property Claims and/or Leaseholder Lost Income Claims. Oyster Harvesters can submit Harvester Lost Income Claims. A single Claimant can qualify as both an Oyster Leaseholder and an Oyster Harvester. Compensation plans for each of these claim types are set forth below.
In some instances, Oyster Leaseholders earn income solely from allowing another natural person or entity to harvest oysters from their oyster leaseholds. In other instances, Oyster Leaseholders may be combined such that they both own oyster leaseholds and harvest from those and other leaseholds. For purposes of the Oyster Compensation Plan, Claimants should submit claims reflecting both their harvesting and leaseholder claims together. A combined Oyster Leaseholder/Oyster Harvester is eligible for compensation as both an Oyster Leaseholder and an Oyster Harvester.
Generally Applicable Provisions of the Oyster Compensation Plan:
A. Valid oyster lease entered into by Claimant that establishes, as of April 20, 2010, the Claimant as the lessee of the oyster leasehold, or a copy of the actual title for the leasehold. Claimants are required to provide documentation that their leasehold interest is in good standing, such as proof of renewal.
B. Information sufficient to ascertain the geographic boundaries of the oyster leasehold, including the oyster lease ID number.
7. To establish eligibility to participate in the Oyster Compensation Plan, a Vessel Owner Claimant must provide for each vessel for which the Claimant is seeking compensation:
A. Proof of ownership of the vessel during the time period of April 20, 2010 to December 31, 2010.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired as of that date) that authorized that vessel to harvest and land oysters in the Gulf Coast Areas for the 2009 season or the 2010 season.
C. The vessel name and any applicable federal and/or state vessel registration identification numbers.
D. Proof that the vessel landed oysters in the Gulf Coast Areas in 2009 or 2010. For example, this can be demonstrated using trip tickets (or equivalent documents such as dealer forms) or Federal or state tax returns.
E. A sworn statement attesting as to whether or not the vessel was leased during the time period April 20, 2010 to December 31, 2010. If the vessel was leased during this time period, the Vessel Owner must provide a copy of the lease agreement.
8. To establish eligibility to participate in the Oyster Compensation Plan, an Oyster Harvester who leases a Seafood Vessel (Oyster Harvester Vessel Lessee) must provide for each vessel for which the Claimant is seeking compensation:
A. Proof that during the time period of April 20, 2010 to December 31, 2010 the Claimant leased a vessel to be used for oyster harvesting.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired as of that date) that authorized the vessel to harvest and land oysters in the Gulf Coast Areas for the 2009 season or the 2010 season.
C. Proof that the vessel landed oysters in the Gulf Coast Areas in 2009 or 2010. For example, this can be demonstrated using trip tickets (or equivalent documents such as dealer forms) or Federal or State tax returns.
D. A sworn statement attesting that the Claimant leased the vessel from the Vessel Owner during the time period of April 20, 2010 to December 31, 2010. The Oyster Harvester Vessel Lessee must also provide a copy of the lease agreement.
9. Oyster Boat Captain Claimants must provide:
A. Proof that as of April 20, 2010 the Boat Captain held a governmental license (even if it had expired before that date) authorizing the Claimant to operate as a Boat Captain and/or to commercially harvest and land oysters in the Gulf Coast Areas.
B. Proof that Claimant landed oysters in the Gulf Coast Areas in 2009 or 2010. This can be demonstrated using trip tickets (or equivalent documents such as dealer forms) or federal or state tax returns.
10. A Sworn Statement attesting whether or not the Claimant received any Seafood Spill-Related Payments. If the Claimant received Seafood Spill-Related Payments, the Claimant shall provide documents7 sufficient to establish the timing, amount and source of Seafood Spill-Related Payments, including documents providing the claimant’s BP/GCCF/Transition Facility Claim Number, if applicable, and any corresponding payments:
Oyster Compensation Plan Methods Available:
There are two types of claims available to Oyster Leaseholders:
There is one type of claim available to Oyster Harvesters:
• Historical Revenue Compensation
When documents are requested in the Seafood Compensation Program, Claimant may provide either legible copies or originals of the documents.
A given Claimant may submit claims for more than one form of compensation, for example a combined Oyster Leaseholder/Oyster Harvester may submit claims for all three forms of compensation.
Oyster Compensation Plan Definition:
The Benchmark Period for the Claimant is the combination of 2007, 2008 and 2009. All calculations of Benchmark Period revenues, costs or payments use the average of annual figures across 2007, 2008 and 2009. In the event that a Claimant entered the oyster industry after 2007, then the Benchmark Period will include all full years since the Claimant entered the oyster harvesting industry, so 2008-2009 or 2009. In the event the Claims Administrator determines that the Claimant (individual or vessel) did not participate at the same level of effort in oyster harvesting due to circumstances beyond the Claimant’s control (such as illness, disability or major mechanical failure), the Claims Administrator may at his discretion allow the Claimant to exclude one or more years of the Benchmark Period.
1. Oyster Leaseholder Interest Compensation
Oyster Leaseholder Interest Compensation provides all eligible Oyster Leaseholders with compensation on a per acre basis for their leaseholds. Compensation shall be determined by the geographic location of the oyster leasehold as set forth below.
1.1 Eligibility for Oyster Leaseholder Property Claim
Eligible leaseholds are those located within Zone A, B or C as reflected on the Oyster Leasehold Compensation Zone Map.
1.2 Documentation Requirement for Oyster Leaseholder Interest Compensation
The Oyster Leaseholder must provide the documentation required under the Generally Applicable Provisions of the Oyster Compensation Plan.
1.3 Calculation of Oyster Leaseholder Interest Compensation
The Oyster Leaseholder Claimant shall receive compensation on a per acre basis based upon where the lease is located on the Oyster Leaseholder Compensation Zone Map. The per acre compensation amounts for each zone are as follows:
Zone A: | $2,000 |
Zone B: | $1,000 |
Zone C: | $400 |
If a lease crosses two zones, compensation will be determined based on the number of acres of the lease in each zone. For example, if a lease covers 20 acres in Zone A and 30 acres in Zone B, then compensation will be calculated as: (20 acres * $2,000) + (30 acres * $1,000) = $70,000.
The per acre payment is not subject to any RTP.
2. Oyster Leaseholder Lost Income Compensation
The Oyster Leaseholder Lost Income Compensation provides eligible Oyster Leaseholders with compensation for income earned through payments from another natural person or entity that harvests oysters on their leases. This Section 2 describes compensation for an Oyster Leaseholder that is not also an Oyster Vessel Owner/Oyster Harvester Vessel Lessee. If the Oyster Leaseholder is also a Vessel Owner/Oyster Harvester Vessel Lessee, the Oyster Leaseholder shall receive compensation for a combined Oyster Leaseholder and Vessel Owner/Oyster Harvester Vessel Lessee, as described in Section 3.5.
2.1 Eligibility Requirements for Oyster Leaseholder Lost Income Claims
Oyster Leaseholder Claimants who meet the eligibility requirements set forth in the applicable paragraphs of the “Generally Applicable Provisions of the Oyster Compensation Plan” and Section 1.1 above are eligible to receive Oyster Leaseholder Lost Income Claims Compensation.
2.2 Documentation Requirements for Oyster Leaseholder Lost Income Claims
To receive Oyster Leaseholder Lost Income Compensation, a Claimant must provide:
A. Tax returns, financial statements or business documents establishing revenue earned by the Claimant during the Benchmark Period from another natural person or entity that harvests oysters on their leaseholds located in Zones A, B or C, as reflected on the Oyster Leasehold Compensation Zone Map.
B. Contracts or agreements between the Oyster Leaseholder and another natural person or entity that harvests oysters from their leaseholds located in Zones A, B or C, as reflected on the Oyster Leasehold Compensation Zone Map.
In addition, if available, it is requested that the Claimant also provide the following documents, to assist the Claims Administrator:
A. A list of all Oyster Harvesters who harvested oysters on Claimant’s leasehold(s) during 2007 through 2009.
2.3 Calculation of Oyster Leaseholder Lost Income Compensation
For all Oyster Leaseholder Claimants, the Oyster Leaseholder Lost Income Compensation is calculated as follows:
A. Calculate Benchmark Revenue as the average annual revenue earned by the Claimant during the Benchmark Period from other natural people or entities that harvest oysters on the Claimant’s leaseholds that are located in Zones A, B or C, as reflected on the Oyster Leasehold Compensation Zone Map.
B. Calculate Total Adjusted Benchmark Revenue by multiplying Benchmark Revenue by 1.1, the Adjustment For Changes in 2010-11 Prices.
Total Adjusted Benchmark Revenue = Benchmark Revenue * 1.1
C. Calculate Base Compensation as Total Adjusted Benchmark Revenue multiplied by the Oyster Loss Percentage of 40%.
Base Compensation = Total Adjusted Benchmark Revenue * 40%
D. Apply an RTP of 8.75 to Base Compensation in order to determine Final Compensation.
Final Compensation = Base Compensation + (Base Compensation * 8.75)
TABLE 1 Example of Compensation Calculation for Hypothetical Oyster Leaseholder Lost Income Claimant Inputs |
---|
Benchmark Revenue [A] $20,000 Adjustment for Changes in 2010-2011 Prices [B] 1.10 Oyster Loss Percentage [C] 40% RTP [D] 8.75 Calculation |
Total Adjusted Benchmark Revenue [E] = [A] * [B] $22,000 Base Compensation [F] = [E] * [C] $8,800 Final Compensation [G] = [F] + [F] * [D] $85,800 |
3. Oyster Harvester Lost Income Compensation
An Oyster Harvester Claimant may seek compensation for the Claimant’s economic loss from oyster harvesting by establishing historical revenue generated by Oyster Harvesting. Section 3.3 describes calculation of compensation for an oyster Boat Captain, Section 3.4 describes calculation of compensation for a Vessel Owner/Oyster Harvester Vessel Lessee that is not also an Oyster Leaseholder. If a Vessel Owner/Oyster Harvester Vessel Lessee is also an Oyster Leaseholder, Section 3.5 describes the calculation of both Oyster Leaseholder Lost Income and Oyster Harvester Lost Income for that Claimant.
To be eligible to receive compensation for lost oyster harvesting earnings, a Boat Captain Claimant (i) must meet the applicable paragraphs of the Generally Applicable Provisions of the Oyster Compensation Plan and (ii) provide evidence to document the oyster harvesting revenue earned by vessels on which the Claimant served as Boat Captain, or the earnings the Claimant earned as Boat Captain of oyster harvesting vessels, during the Benchmark Period. This revenue must be established using:
A. Trip tickets (or equivalent documents such as dealer forms) for each vessel for which Claimant seeks compensation which show the volume of oysters harvested and the sales price for the Benchmark Period for oysters landed in the Gulf Coast Areas. The total volume multiplied by the price will be the applicable gross revenue.
-OR
B. Federal or state tax returns, including Schedules C, E and F, W-2s, and 1099s for the Benchmark Period and sufficient documentation to identify those components of earnings derived from oyster harvesting for the Benchmark Period for the vessel(s) selected by the Claimant. In addition, the Claimant must provide sufficient documentation for the Claims Administrator to be able to identify revenue from oyster landings in the Gulf Coast Areas for each vessel while the Claimant was Boat Captain. If necessary, the Claims Administrator may require supplemental information from the Claimant in order to make these determinations.
In addition, if available, it is requested that the Claimant also provide the following documents to assist the Claims Administrator:
A. Captain’s Log Book
B. Share Sheets
C. Vessel name and any applicable federal and/or state vessel registration identification numbers for any vessels the Claimant captained during the Benchmark Period
3.2 Eligibility and Documentation: Seafood Vessel Owner – Oyster Harvester Vessel Lessee
To be eligible to receive compensation for lost harvesting income, a Vessel Owner/Oyster Harvester Vessel Lessee must meet the eligibility requirements set forth in the applicable paragraphs of the “Generally Applicable Provisions of the Oyster Compensation Plan” and provide evidence to document harvesting revenue and certain costs associated with oyster harvesting during their Benchmark Period for landings in the Gulf Coast Areas. Oyster harvesting gross revenue earned by Claimants during their Benchmark Period must be established using:
A. Trip tickets (or equivalent documents such as dealer forms) for each vessel for which Claimant seeks compensation which show the volume of oysters harvested and the sales price for the Benchmark Period for oysters landed in the Gulf Coast Areas. The total volume multiplied by the price will be the applicable gross revenue.
-OR
B. Federal or state tax forms and financial information as follows:
In addition, if available, it is requested that the Claimant also provide, for each vessel for which the Claimant is seeking compensation, the following documents to assist the Claims Administrator:
3.3.1 Calculation of Harvester Lost Income Compensation for Boat Captains for Captains Using Trip Tickets to Document Claims
A. Calculate average annual revenue in Benchmark Period for (i) oysters harvested from public grounds (Public Benchmark Harvest Revenue) and (ii) oysters harvested from private leaseholds (Private Benchmark Harvest Revenue). Public Benchmark Harvest Revenue and Private Benchmark Harvest Revenue shall be separately calculated as described above in 3.1. If the Claimant does not have information sufficient to establish the split between revenue from oysters harvested on public grounds and oysters harvested on private leaseholds, all oyster harvesting revenue shall be assumed to have come from private leaseholds.
B. Calculate Total Adjusted Benchmark Revenue by multiplying the sum of Public Benchmark Harvest Revenue and Private Benchmark Harvest Revenue by 1.1, the Adjustment For Changes in 2010-11 Prices.
Total Adjusted Benchmark Revenue = (Public Benchmark Harvest Revenue + Private Benchmark Harvest Revenue) * 1.1
C. Determine Variable Harvest Cost by multiplying the sum of Public Benchmark Revenue and Private Benchmark Revenue by 12%. If the Claimant establishes Benchmark Revenue through individual income tax forms, Variable Harvest Cost shall be zero ($0).
Variable Harvest Cost = (Public Benchmark Revenue + Private Benchmark Revenue) * 12%
D. Calculate Leaseholder Payment Cost by multiplying Private Benchmark Revenue by Leaseholder Payment Percentage of 33%. If the Claimant establishes Benchmark Revenue through individual income tax forms, Variable Harvest Cost shall be zero ($0).
Leaseholder Payment Cost = Private Benchmark Revenue * 33%
E. Calculate Base Harvest Margin as Total Adjusted Benchmark Oyster Revenue less Variable Harvest Cost and Leaseholder Payment Cost.
Base Harvest Margin = Total Adjusted Benchmark Oyster Revenue – Variable Harvest Cost – Leaseholder Payment Cost
F. Determine Base Harvest Loss by multiplying Base Harvest Margin by Oyster Loss Percentage of 40%.
Base Harvest Loss = Base Harvest Margin * 40%
G. Multiply Base Harvest Loss by Boat Captain Share of 40% to determine Base Compensation.
Base Compensation = Base Harvest Loss * 40%
H. Apply an RTP of 7.75 to Base Compensation in order to determine Final Compensation.
Final Compensation = Base Compensation + (Base Compensation * 7.75)
33
TABLE 2 Example of Compensation Calculation for Hypothetical Boat Captain Harvester Lost Income Claimant Who Uses Trip Tickets Inputs |
---|
Public Benchmark Harvest Revenue [A] $50,000 Private Benchmark Harvest Revenue [B] $100,000 Adjustment for Changes in 2010-2011 Prices [C] 1.10 Variable Harvest Cost Percentage [D] 12% Leaseholder Payment Percentage [E] 33% Oyster Loss Percentage [F] 40% Boat Captain Share [G] 40% RTP [H] 7.75 Calculation |
Total Adjusted Benchmark Revenue [I] = ([A] + [B]) * [C] $165,000 Variable Harvest Cost [J] = ([A] + [B]) * [D] $18,000 Leaseholder Payment Cost [K] = [B] * [E] $33,000 Base Harvest Margin [L] = [I] - [J] -[K] $114,000 Base Harvest Loss [M] = [L] * [F] $45,600 Base Compensation [N] = [M] * [G] $18,240 Final Compensation [O] = [N] + [N] * [G] $159,600 |
3.3.2 Calculation of Harvester Lost Income Compensation for Boat Captains for Captains Using Tax Returns and/or Financial Records to Document Claims.
A. Calculate Average Earnings in Benchmark Period for oysters landed in the Gulf Coast Areas.
B. Calculate Total Adjusted Earnings in Benchmark Period by multiplying Average Earnings in Benchmark Period by 1.1, the Adjustment For changes in 2010-11 Prices.
C. Determine Base Earnings Loss by multiplying total Adjusted Earnings in Benchmark Period by Oyster Loss Percentage of 40%.
Base Earnings Loss = Total Adjusted Earnings in Benchmark Period * 40%
D. Apply at RTP of 7.75 to Base Earnings Loss to determine Final Compensation Final Compensation = Base Earnings Loss + (Base Earnings Loss * 7.75)
3.4 Calculation of Harvester Lost Income Compensation for Oyster Vessel Owners/Oyster Harvester Vessel Lessees that Are Not Oyster Leaseholders
This Section 3.4 describes compensation for an Oyster Vessel Owner/Oyster Harvester Vessel Lessee that is not also an Oyster Leaseholder.
A. Calculate average annual revenue in Benchmark Period for (i) oysters harvested from public grounds (Public Benchmark Harvest Revenue) and (ii) oysters harvested from private leaseholds (Private Benchmark Harvest Revenue). Public Benchmark Harvest Revenue and Private Benchmark Harvest Revenue shall be separately calculated as described above in 3.2. If the Claimant does not have information sufficient to establish the split between revenue from public grounds and private leaseholds, all oyster harvesting revenue shall be assumed to have come from private leaseholds.
B. Calculate Total Adjusted Benchmark Revenue by multiplying the sum of Public Benchmark Harvest Revenue and Private Benchmark Harvest Revenue by 1.1, the Adjustment For Changes in 2010-11 Prices.
Total Adjusted Benchmark Revenue = (Public Benchmark Harvest Revenue + Private Benchmark Harvest Revenue) * 1.1
C. Determine Variable Harvest Cost by multiplying the sum of Public Benchmark Revenue and Private Benchmark Revenue by 12%.
Variable Harvest Cost = (Public Benchmark Revenue + Private Benchmark Revenue) * 12%
D. Determine Leaseholder Payment Cost by multiplying Private Benchmark Revenue by Leaseholder Payment Percentage of 33%.
Leaseholder Payment Cost = Private Benchmark Revenue * 33%
E. Calculate Base Margin as Total Adjusted Benchmark Revenue less Variable Harvest Cost and Leaseholder Payment Cost.
Base Harvest Margin = Total Adjusted Benchmark Revenue – Variable Harvest Cost – Leaseholder Payment Cost
F. Determine Base Harvest Loss by multiplying Base Harvest Margin by Oyster Loss Percentage of 40%.
Base Harvest Loss = Base Harvest Margin * 40%
G. Multiply Base Harvest Loss by Vessel Owner Share of 40% to determine Base Compensation.
Base Compensation = Base Harvest Loss * 40%
35
H. Apply an RTP of 8.75 to Base Compensation in order to determine Final Compensation.
Final Compensation = Base Compensation + (Base Compensation * 8.75)
TABLE 3 Example of Compensation Calculation for Hypothetical Vessel Owner / Oyster Harvester Vessel Lessee Harvester Lost Income Claimant Inputs |
---|
Public Benchmark Harvest Revenue [A] $50,000 Private Benchmark Harvest Revenue [B] $100,000 Adjustment for Changes in 2010-2011 Prices [C] 1.10 Variable Harvest Cost Percentage [D] 12% Leaseholder Payment Percentage [E] 33% Oyster Loss Percentage [F] 40% Vessel Owner Share [G] 40% RTP [H] 8.75 Calculation |
Total Adjusted Benchmark Revenue [I] = ([A] + [B]) *[C] $165,000 Variable Harvest Cost [J] = ([A] + [B]) * [D] $18,000 Leaseholder Payment Cost [K] = [B] * [E] $33,000 Base Harvest Margin [L] = [I] - [J] -[K] $114,000 Base Harvest Loss [M] = [L] * [F] $45,600 Base Compensation [N] = [M] * [G] $18,240 Final Compensation [O] = [N] + [N] * [H] $177,840 |
3.5 Calculation of Harvester Lost Income Compensation for Oyster Vessel Owners/Oyster Harvester Vessel Lessees that are also Oyster Leaseholders
This section explains compensation for the Oyster Harvester that is also an Oyster Leaseholder and includes compensation for a Claimant’s role as an Oyster Leaseholder and a Vessel Owner/Oyster Harvester Vessel Lessee. If the Claimant is also a Boat Captain, the Claimant can receive compensation based on the Boat Captain Compensation framework described in Section
3.3 above.
Compensation for an Oyster Leaseholder/Vessel Owner/Oyster Harvester Vessel Lessee’s role as an Oyster Leaseholder and Vessel Owner/Oyster Harvester Vessel Lessee depends on Claimant’s Total Benchmark Revenue less Total Benchmark Costs.
Total Benchmark Revenue includes four types of revenues received by Claimant:
Total Benchmark Cost includes three types of costs incurred by Claimant:
The following steps describe calculation of compensation for Oyster Vessel Owners/Oyster Harvester Vessel Lessees that are also Oyster Leaseholders. The calculation is summarized in Table 4 below. Exhibit 2 presents a table summarizing the approach in additional detail and includes a further example summarizing compensation for Lost Leaseholder Income and Lost Harvester income when the claimant also acts as the sole Boat Captain.
Calculate Revenue:
A. Calculate Private Benchmark Harvest Revenue, which reflects revenue generated from oysters harvested on private leaseholds, including leaseholds owned by the Claimant and leaseholds owned by others. Calculate Adjusted Private Benchmark Harvest Revenue as 1.1*Private Benchmark Harvest Revenue
B. Calculate Public Benchmark Harvest Revenue, which reflects revenue generated from oysters harvested on public grounds and Adjusted Public Benchmark Harvest Revenue as 1.1*Public Benchmark Harvest Revenue
C. Calculate Adjusted Total Harvest Benchmark Revenue as the sum of Adjusted Private Benchmark Harvest Revenue and Adjusted Public Benchmark Harvest Revenue.
3. Calculate Adjusted Total Benchmark Revenue as the sum of Adjusted Total Benchmark Harvest Revenue and Adjusted Oyster Benchmark Leaseholder Income.
Calculate Costs:
A. Calculate Claimant’s Adjusted Total Benchmark Harvest Revenue, minus Variable Harvest Cost, minus Estimated Total Leaseholder Costs
B. Multiply by 60% to determine Payments to Boat Captains and Seafood Crew
5. Calculate Total Cost as Variable Harvest Cost plus Claimants’ Lease Payments to Other Leaseholders plus Payments to Boat Captains and Seafood Crew
Calculate Final Compensation:
TABLE 4
Example of Compensation Calculation for Hypothetical Oyster Leaseholder / Oyster Harvester Claimant
Calculation Determines Compensation for Lost Leaseholder Income and Lost Harvester Income
Oyster Leaseholder Benchmark Revenue | [A] | $10,000 |
Adjusted Oyster Leaseholder Benchmark | [B]=[A]*1.1 | $11,000 |
Revenue | ||
Private Benchmark Harvest Revenue | [C] | $75,000 |
Adjusted Private Benchmark Harvest Revenue | [D]=[C]*1.1 | $82,500 |
Public Benchmark Harvest Revenue | [E] | $25,000 |
Adjusted Public Benchmark Harvest Revenue | [F]=[E]*1.1 | $27,500 |
Adjusted Total Benchmark Harvest Revenue | [G]=[D]+[F] | $110,000 |
Adjusted Total Benchmark Revenue | [H]=[B]+[G] | $121,000 |
Variable Harvest Cost | [I]=([C]+[E])*12% | $12,000 |
Estimated Total Leaseholder Cost | [J]=[D]*33% | $27,225 |
Claimants Lease Payments to Other Leaseholders | [K]=[based on claimant | $10,000 |
records] | ||
Payments to Boat Captains and Seafood Crew | [L]=([G]-[I]-[J])*60% | $42,465 |
Total Cost | [M]=[I]+[K]+[L] | $64,465 |
Total Margin | [N]=[H]-[M] | $56,535 |
Base Compensation | [O]=[N]*40% | $22,614 |
Final Compensation | [P]=[O]+[O]*8.75 | $220,487 |
4. Vessel Lease Compensation Allocation
To the extent the vessel was leased by the Vessel Owner to the Oyster Harvester Vessel Lessee as of April 20, 2010, compensation will be allocated between the parties based upon Benchmark Revenue, as calculated above at Section 3.4 or 3.5, and Annual Lease Payment. The Annual Lease Payment shall be calculated as the annual payment to the Vessel Owner by the Oyster Harvester Vessel Lessee for the lease in effect as of April 20, 2010. The ratio of the Annual Lease Payment to Benchmark Revenue multiplied by the Final Compensation determines the Vessel Owner Share of Final Compensation. The Oyster Harvester Vessel Lessee’s Share of Compensation is Final Compensation less the Vessel Owner’s Share of Final Compensation.
Vessel Owner Share of Final Compensation = Final Compensation * (Annual Lease Payment / Benchmark Revenue)
Oyster Harvester Vessel Lessee’s Share of Final Share of Compensation = Final Compensation - Vessel Owner Share of Final Compensation.
TABLE 5 Example of Vessel Lease Compensation Allocation Between Vessel Owner Claimant and Oyster Harvester Vessel Lessee Claimant Inputs (Based on Table 3) |
---|
Benchmark Revenue [A] $165,000 Annual Lease Payment [B] $55,000 Final Compensation [C] $177,840 Calculation |
Annual Lease Payment / Benchmark Revenue [D] = [B] / [A] 33% Vessel Owner's Share of Final Compensation [E] = [C] * [D] $59,280 Oyster Harvester Vessel Lessee's Share of Final Compensation [F] = [C] - [E] $118,560 |
FINFISH COMPENSATION PLAN
Generally Applicable Provisions of the Finfish Compensation Plan:
A. Proof of ownership of the vessel during the time period of April 20, 2010 to December 31, 2010.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired before that date) that authorized that vessel to commercially fish for finfish in the Specified Gulf Waters for the 2009 season or the 2010 season.
C. The vessel name and any applicable federal and/or state vessel registration identification numbers.
D. Proof that either:
E. A sworn statement attesting as to whether or not the vessel was leased during the time period April 20, 2010 to December 31, 2010. If the vessel was leased during this time period, the Vessel Owner must provide a copy of the lease agreement.
F. A sworn statement attesting as to whether or not the Vessel Owner was the Boat Captain for that vessel during January 1, 2007 through December 31, 2009. If the Vessel Owner was not the sole Boat Captain for that vessel for some portion of January 1, 2007 through December 31, 2009, to the extent possible, the Claimant shall identify all other Boat Captains employed on the vessel and the time periods for which the Boat Captains were employed.
5. To establish eligibility to participate in the Finfish Compensation Plan, a Commercial Fisherman Vessel Lessee must provide for each vessel for which he or she seeks compensation:
A. Proof that during the period of April 20, 2010 through December 31, 2010 he or she leased the vessel to be used for commercial finfishing.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired before that date) that authorized that vessel to commercially fish for finfish in the Specified Gulf Waters for the 2009 season or the 2010 season.
C. The vessel name and any applicable federal and/or state vessel registration identification numbers.
D. Proof that either:
E. A sworn statement, attesting that the Commercial Fisherman Vessel Lessee leased the vessel during the time period of April 20, 2010 to December 31, 2010. The Commercial Fisherman Vessel Lessee must also provide a copy of the lease agreement for the vessel.
F. A sworn statement attesting as to whether or not the Commercial Fisherman Vessel Lessee was the Boat Captain for that vessel during January 1, 2007 through December 31, 2009. If the Commercial Fisherman Vessel Lessee was not the sole Boat Captain for that vessel for some portion of January 1, 2007 through December 31, 2009, to the extent possible, the Claimant shall identify all other Boat Captains employed on the vessel and the time periods for which the Boat Captains were employed.
Finfish Compensation Plan Definition:
Benchmark Period9 is selected by the Claimant and can be (i) 2009, (ii) 2008 and 2009, or
(iii) 2007, 2008 and 2009. If the Claimant elects to use years 2008 and 2009 or 2007, 2008, and 2009, the annual revenue amounts shall be averaged. In the event the Claims Administrator determines that the Claimant (individual or vessel) did not participate at the same level of effort in finfish harvesting due to circumstances beyond the Claimant’s control (such as illness,
8
When documents are requested in the Seafood Compensation Program, Claimant may provide either legible copies or originals of the documents.
9
For the Seafood Compensation Program, the Benchmark Period is defined independently for each Seafood Compensation Program Plan and is set forth within the specific Plan. Definitions of Benchmark Period in any other frameworks in the Deepwater Horizon Economic And Property Damages Settlement Agreement do not apply in the Seafood Compensation Program.
disability or major mechanical failure), the Claims Administrator may at his discretion allow the Claimant to exclude one or more years of the Benchmark Period.
A Vessel Owner or Commercial Fisherman Vessel Lessee must submit separate Vessel Owner/Commercial Fisherman Vessel Lessee claims for each vessel they owned or leased and may select different Benchmark Periods for different vessels.
A Boat Captain’s claim reflects the Claimant’s activities on all vessels, and the Claimant must select a single Benchmark Period for the Boat Captain’s claim.
A Vessel Owner or Commercial Fisherman Vessel Lessee who also submits a Boat Captain claim may select different Benchmark Periods for the Claimant’s Vessel Owner/Commercial Fisherman Vessel Lessee claim and the Claimant’s Boat Captain claim.
Compensation Plan Method:
Vessel Owners/Commercial Fisherman Vessel Lessees and Boat Captains will be compensated through the Historical Revenue Method. A Vessel Owner or Commercial Fisherman Vessel Lessee must submit separate Vessel Owner/Commercial Fisherman Vessel Lessee claims for each vessel they owned or leased.
Additionally, owners of Individual Fishing Quota (“IFQ”) shares may be eligible to receive compensation for their IFQ shares under the IFQ Share Compensation Method.
I. Historical Revenue Method
A. Eligibility Requirements
1. Vessel Owner/Commercial Fisherman Vessel Lessee
To be eligible under the Historical Revenue Method, a Vessel Owner/Commercial Fisherman Vessel Lessee must meet the eligibility requirements of the applicable paragraphs of the “Generally Applicable Provisions of the Finfish Compensation Plan” above and provide evidence to demonstrate his or her commercial finfishing revenue during the selected Benchmark Period.
2. Boat Captains
To be eligible under the Historical Revenue Method, a Boat Captain must meet the eligibility requirements of the applicable paragraphs of the “Generally Applicable Provisions of the Finfish Compensation Plan” above and provide evidence to demonstrate his or her commercial gross earnings from commercial finfishing on vessels for which he or she served as Boat Captain during the selected Benchmark Period.
B. Documentation Required
1. Vessel Owners/Commercial Fisherman Vessel Lessees
Vessel Owners/Commercial Fisherman Vessel Lessees seeking compensation under the Historical Revenue Method must provide documents sufficient to prove the eligibility requirements in Section I.A.1 above and to determine compensation pursuant to Section I.C below, including the following:
a. Trip ticket or their equivalents, such as dealer forms, for each vessel for which Claimant seeks compensation, which show the volume of finfish harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period for finfish landed in the Gulf Coast Areas. The Claimant must provide sufficient documentation for the Claims Administrator to be able to identify gross revenue derived for each vessel solely for finfish landed in the Gulf Coast Areas during the Benchmark Period. The total volume multiplied by price will be the applicable gross revenue.
– OR –
i. Vessel log book
ii. Share sheets
iii. Proof of vessel size and type
iv. Sales or other production reports maintained in the normal course of business
2. Boat Captains
Boat Captains seeking compensation under the Historical Revenue Method must provide documents sufficient to prove the eligibility requirements in Section I.A.2 and to determine compensation pursuant to Section I.C below, including the following:
a. Trip tickets or their equivalents for each vessel for which the Claimant seeks compensation, which show the volume of finfish harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period for finfish landed in the Gulf Coast Areas. The total volume multiplied by price will be the applicable gross revenue.
– OR –
i. Captain’s log book
ii. Vessel log book
iii. Share sheets
C. Compensation Calculations
1. Calculate Benchmark Finfish Revenue.
a. If trip tickets or their equivalents are used, the volume and price of finfish on the trip tickets or their equivalents are used to calculate gross revenue from finfish landed in the Gulf Coast Areas. If the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee, the Claimant may provide trip tickets or their equivalents for the Benchmark Period for each vessel for which compensation is being sought. If the Claimant is a Boat Captain, the Claimant may provide trip tickets or their equivalents for all vessels he or she served as a Captain during the Benchmark Period.
– OR –
b. The Claims Administrator may determine the gross vessel revenue for Boat Captain earnings from finfish landings in the Gulf Coast Areas based on the Claimant’s tax returns, or financial information if the Claims Administrator has sufficient information to determine: (i) Claimant’s revenue from finfish harvesting as compared to other sources, (ii) Claimant’s revenue from finfish landings in the Gulf Coast Areas. If necessary, the Claims Administrator may require supplemental information from the Claimant in order to make these determinations.
2. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Benchmark Revenue was calculated using trip tickets or their equivalents, calculate Benchmark Finfish Cost. Benchmark Finfish Cost is calculated by multiplying Benchmark Finfish Revenue by the Finfish Cost Percentage. The Finfish Cost Percentage, 27%, is expressed as a percentage of revenue and reflects standard industry non-labor variable costs. If the Claimant is a Boat Captain and Benchmark Revenue was calculated based upon his earnings, such as from tax returns or financial information, then no Finfish Cost Percentage is applied, skip to step 3.
Benchmark Finfish Cost = (Benchmark Finfish Revenue * Finfish Cost Percentage)
3. Calculate the Base Finfish Loss using the Finfish Loss Percentage of 25%.
a. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Benchmark Revenue was calculated using trip tickets or their equivalents, the Base Loss is calculated as follows:
47 Base Finfish Loss = (Benchmark Finfish Revenue – Benchmark Finfish Cost) * 25%
b. If the Claimant is a Boat Captain and Benchmark Revenue was calculated using a different source than trip tickets or their equivalents, the Base Loss is calculated as follows:
Base Finfish Loss = Benchmark Finfish Revenue * 25%
4. Determine Base Compensation by multiplying Base Finfish Loss by the appropriate Vessel Owner/Commercial Fisherman Vessel Lessee or Boat Captain share. Vessel Owner/Commercial Fisherman and Boat Captain shares are: 45% for the Vessel/Owner Commercial Fisherman and 35% for the Finfish Boat Captain.
a. Base Compensation for Vessel Owners/Commercial Fisherman Vessel Lessees is calculated as below and found in Table 1:
Base Compensation = Base Finfish Loss * Finfish Vessel Share
TABLE 1
FINFISH VESSEL | FINFISH BOAT |
OWNERS/COMMERCIAL | CAPTAIN SHARE |
FISHERMAN VESSEL | |
LESSEE SHARE | |
45% | 35% |
b. Base Compensation for Finfish Boat Captains is calculated as:
i. If Finfish Boat Captain Compensation is calculated based on trip tickets, then the Base Compensation for the Finfish Boat Captain is calculated as:
Base Compensation = Base Finfish Loss * Finfish Boat Captain Share
ii. If Finfish Boat Captain Compensation is calculated based on tax returns and financial records, then the Base Compensation for the Finfish Boat Captain is calculated as:
Base Compensation = Base Finfish Loss
5. Apply the RTP to Base Compensation in order to determine Final Compensation. Base Compensation is specific to Claimant type and is found in Table 2.
48
Final Compensation = Base Compensation + (Base Compensation * RTP)
TABLE 2
FINFISH VESSEL | FINFISH BOAT | |
---|---|---|
OWNERS/COMMERCIAL | CAPTAINS | |
FISHERMAN VESSEL | ||
LESSEES | ||
RTP | 6.0 | 5.0 |
II. Compensation for IFQ Quota Holders
The Finfish Quota Allocation Method provides a fixed compensation amount to Claimants that meet certain requirements and are Individual Fishing Quota (“IFQ”) shareholders.
A. Eligibility and Documentation Requirements
In order to be eligible to qualify for compensation under the Individual Fishing Quota Shareholder Method, the Claimant must provide:
1. Proof of ownership as of April 20, 2010 of the Individual Fishing Quota share for all species identified by IFQs, including Red Snapper, Gag Grouper Red Grouper, Deep Water Grouper Shallow Water Grouper and Tilefish.
B. Compensation Calculations
TABLE 2
Species | Price per .0001% Share | Total Value ($Million) |
---|---|---|
Red Snapper | $44.90 | $44.9 |
Gag Grouper | $6.75 | $6.8 |
Red Grouper | $20.67 | $20.7 |
Deep Water Grouper | $4.99 | $5.0 |
Shallow Water Grouper | $1.64 | $1.6 |
Tilefish | $1.08 | $1.1 |
Total | $80.0 |
4. Compensation for IFQ share holders is calculated as follows:
For example, a Claimant with 1,000 shares of Red Grouper would have a IFQ share value of $20,670 (1,000 shares * $20.67). The Claimant would then receive compensation of $12,918.75 ($20,670 * 0.625).
III. Vessel Lease Compensation Allocation
To the extent the Vessel was leased by the Vessel Owner to the Commercial Fisherman Vessel Lessee as of April 20, 2010, compensation will be allocated between the parties based upon Benchmark Revenue, as calculated above and Annual Lease Payment. The Annual Lease Payment shall be calculated as the annual payment to the Vessel Owner by the Commercial Fisherman Vessel Lessee for the lease in effect as of April 20, 2010. The ratio of the Annual Lease Payment to Benchmark Revenue multiplied by the Final Compensation determines the Vessel Owner Share of Final Compensation. The Commercial Fisherman Vessel Lessee’s Share of Compensation is Final Compensation less the Vessel Owner’s Share of Final Compensation.
Vessel Owner Share of Final Compensation = Final Compensation * (Annual Lease Payment / Benchmark Revenue)
Commercial Fisherman Vessel Lessee’s Share of Final Share of Compensation = Final Compensation - Vessel Owner Share of Final Compensation.
BLUE CRAB/OTHER SEAFOOD COMPENSATION PLAN
Generally Applicable Provisions of the Blue Crab/Other Seafood Compensation Plan:
A. Proof of ownership of the vessel during the time period of April 20, 2010 to December 31, 2010.
Other Seafood shall be defined to mean all forms of seafood included in the Exhibit 3 of the Deepwater Horizon Economic And Property Damages Settlement Agreement (Seafood Distribution Chain Definitions) including stone crab and spiny lobster, but excluding shrimp, oysters, finfish and blue crab.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired before that date) that authorized that vessel to commercially fish for blue crab or Other Seafood in the Specified Gulf Waters for the 2009 season or the 2010 season.
C. The vessel name and any applicable federal and/or state vessel registration identification numbers.
D. Proof that either:
E. A sworn statement attesting as to whether or not the vessel was leased during the time period April 20, 2010 to December 31, 2010. If the vessel was leased during this time period, the Vessel Owner must provide a copy of the lease agreement.
F. A sworn statement attesting as to whether or not the Vessel Owner was the Boat Captain for that vessel during January 1, 2007 through December 31, 2009. If the Vessel Owner was not the sole Boat Captain for that vessel for some portion of January 1, 2007 through December 31, 2009, to the extent possible, the Claimant shall identify all other Boat Captains employed on the vessel and the time periods for which the Boat Captains were employed.
5. To establish eligibility to participate in the Blue Crab/Other Seafood Compensation Plan, a Commercial Fisherman Vessel Lessee must provide for each vessel for which the Claimant seeks compensation:
A. Proof that during the period of April 20, 2010 through December 31, 2010 the Claimant leased the vessel to be used for commercial blue crab and/or Other Seafood harvesting.
B. Proof that as of April 20, 2010 there was a government license (even if it had expired before that date) that authorized that vessel to commercially fish for blue crab and/or Other Seafood in the Specified Gulf Waters for the 2009 season or the 2010 season.
C. The vessel name and any applicable federal and/or state vessel registration identification numbers.
D. Proof that either:
E. A sworn statement, attesting that the Commercial Fisherman Vessel Lessee leased the vessel during the time period of April 20, 2010 to December 31, 2010. The Commercial Fisherman Vessel Lessee must also provide a copy of the lease agreement for the vessel.
F. A sworn statement attesting as to whether or not the Commercial Fisherman Vessel Lessee was the Boat Captain for that vessel during January 1, 2007 through December 31, 2009. If the Commercial Fisherman Vessel Lessee was not the sole Boat Captain for that vessel for some portion of January 1, 2007 through December 31, 2009, to the extent possible, the Claimant shall identify all other Boat Captains employed on the vessel and the time periods for which the Boat Captains were employed.
When documents are requested in the Seafood Compensation Program, Claimant may provide either legible copies or originals of the documents.
Blue Crab/Other Seafood Compensation Plan Definition:
Benchmark Period12 is selected by the Claimant and can be (i) 2009, (ii) 2008 and 2009, or
(iii) 2007, 2008 and 2009. If the Claimant elects to use years 2008 and 2009 or 2007, 2008, and 2009, the annual revenue amounts shall be averaged. In the event the Claims Administrator determines that the Claimant (individual or vessel) did not participate at the same level of effort in blue crab/other seafood harvesting due to circumstances beyond the Claimant’s control (such as illness, disability or major mechanical failure), the Claims Administrator may at his discretion allow the Claimant to exclude one or more years of the Benchmark Period.
A Vessel Owner or Commercial Fisherman Vessel Lessee must submit separate Vessel Owner/Commercial Fisherman Vessel Lessee claims for each vessel they owned or leased and may select different Benchmark Periods for different vessels.
A Boat Captain’s claim reflects the Claimant’s activities on all vessels, and the Boat Captain must select a single Benchmark Period for the Claimant’s claim.
A Vessel Owner or Commercial Fisherman Vessel Lessee who also submits a Boat Captain claim may select different Benchmark Periods for the Claimant’s Vessel Owner/Commercial Fisherman Vessel Lessee claim and the Claimant’s Boat Captain claim.
Compensation Plan Method:
Vessel Owners/Commercial Fisherman Vessel Lessees and Boat Captains will be separately compensated for blue crab claims and Other Seafood claims through the Historical Revenue Method. Claimants may submit a claim for either or both blue crab or Other Seafood categories. Compensation for blue crab claims is set forth in Section I.C and compensation for Other Seafood claims is set forth in Section I.D. A Vessel Owner or Commercial Fisherman Vessel Lessee must submit separate Vessel Owner/Commercial Fisherman Vessel Lessee claims for each vessel they owned or leased.
Additionally, Vessel Owners and Commercial Fisherman Vessel Lessees that establish they commercially fished for blue crab in the Benchmark Period and who satisfy the applicable paragraphs of the Generally applicable Provisions of the Blue Crab/Other Seafood Compensation Plan above and in Section I.A. below will receive a lump sum payment as set forth in Section I.
For the Seafood Compensation Program, the Benchmark Period is defined independently for each Seafood Compensation Program Plan and is set forth within the specific Plan. Definitions of Benchmark Period in any other frameworks in the Deepwater Horizon Economic And Property Damages Settlement Agreement do not apply in the Seafood Compensation Program.
I. Historical Revenue Method
A. Eligibility Requirements
1. Vessel Owner/Commercial Fisherman Vessel Lessee
To be eligible under the Historical Revenue Method, a Vessel Owner/Commercial Fisherman Vessel Lessee must meet the eligibility requirements of the applicable paragraphs of the “Generally Applicable Provisions of the Blue Crab/Other Seafood Compensation Plan” and provide evidence to demonstrate the Claimant’s commercial blue crab and/or Other Seafood revenue during the selected Benchmark Period.
2. Boat Captains
To be eligible under the Historical Revenue Method, a Boat Captain must meet eligibility requirements of the applicable paragraphs of the “Generally Applicable Provisions of the Blue Crab/Other Seafood Compensation Plan” requirements of the Blue Crab/Other Seafood Compensation Plan and provide evidence to demonstrate the Claimant’s gross earnings from commercial blue crab and/or Other Seafood harvesting on vessels for which the Claimant served as Boat Captain during the selected Benchmark Period.
B. Documentation Required
1. Vessel Owners/Commercial Fisherman Vessel Lessees
Vessel Owners/Commercial Fisherman Vessel Lessees seeking compensation under the Historical Revenue Method must provide documents sufficient to prove the eligibility requirements in Section I.A.1 above and to determine compensation pursuant to Section I.C or
I.D below, including the following:
a. Trip ticket or their equivalents, such as dealer forms, for each vessel for which Claimant seeks compensation, which show the volume of blue crab and/or Other Seafood harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period for blue crab and/or Other Seafood landed in the Gulf Coast Areas. The Claimant must provide sufficient documentation for the Claims Administrator to be able to identify gross revenue derived for each vessel solely for blue crab and/or Other Seafood landed in the Gulf Coast Areas during the Benchmark Period. The total volume multiplied by price will be the applicable gross revenue.
– OR –
i. Vessel log book
ii. Share sheets
iii. Proof of vessel size and type
iv. Sales or other production reports maintained in the normal course of business
2. Boat Captains
Boat Captains seeking compensation under the Historical Revenue Method must provide documents sufficient to prove the eligibility requirements in Section I.A.2 above and to determine compensation pursuant to Section I.C. or I.D. below, including the following:
a. Trip tickets or their equivalents for each vessel for which the Claimant seeks compensation, which show the volume of blue crab and/or Other Seafood harvested and the sales price as shown on the trip tickets or their equivalents for the Benchmark Period for blue crab and/or Other Seafood landed in the Gulf Coast Areas. The total volume multiplied by price will be the applicable gross revenue.
– OR –
i. Captain’s log book
ii. Vessel log book
iii. Share sheets
C. Compensation Calculations for Blue Crab
The Claims Administrator shall determine compensation separately for blue crab and for Other Seafood. The compensation for gross revenue or earnings attributable to blue crab is determined as set forth in Section I.C. The separate and independent compensation for gross revenue or earnings attributable to Other Seafood is determined as set forth in Section I.D.
1. Calculate Benchmark Blue Crab Revenue.
a. If trip tickets or their equivalents are used, the volume and price of blue crab on the trip tickets or their equivalents are used to calculate gross revenue from blue crab landed in the Gulf Coast Areas. If the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee, the Claimant may provide trip tickets for the Benchmark Period for each Vessel for which compensation is being sought. If the Claimant is a Boat Captain, the Claimant may provide trip tickets or their equivalents for all vessels the Claimant served as a Captain during the Benchmark Period.
– OR –
b. The Claims Administrator may determine the gross vessel revenue or Boat Captain earnings from blue crab landings in the Gulf Coast Areas based on the Claimant’s tax returns or financial information if the Claims Administrator has sufficient information to determine: (i) Claimant’s revenue from blue crab as compared to other sources and (ii) Claimant’s revenue from blue crab landings in the Gulf Coast Areas. If necessary, the Claims Administrator may require supplemental information from the Claimant in order to make these determinations.
2. Calculate Total Adjusted Benchmark Blue Crab Revenue by multiplying the Adjusted Benchmark Blue Crab Revenue by 1.2, the Adjustment for Changes in 2010-11 Prices.
Total Adjusted Benchmark Blue Crab Revenue = (Benchmark Blue Crab Revenue * Adjustment for Changes in 2010-11 Prices).
3. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Benchmark Revenue was calculated using trip tickets or their equivalents, calculate Benchmark Blue Crab Cost. Benchmark Blue Crab Cost is calculated by multiplying Benchmark Blue Crab Revenue by the Blue Crab Cost Percentage of 35%. The Blue Crab Cost Percentage is expressed as a percentage of revenue and reflects standard industry non-labor variable costs. If the Claimant is a Boat Captain and Benchmark Revenue was calculated based upon his earnings, such as from tax returns or financial information, then no Blue Crab Cost Percentage is applied, skip to step 4.
Benchmark Blue Crab Cost = (Benchmark Blue Crab Revenue * Blue Crab Cost Percentage)
4. Calculate the Base Blue Crab Loss using the Blue Crab Loss Percentage of 35%.
a. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Benchmark Revenue was calculated using trip tickets or their equivalents, the Base Loss is calculated as follows:
Base Blue Crab Loss = (Total Adjusted Benchmark Blue Crab Revenue – Benchmark Blue Crab Cost) * 35%
b. If the Claimant is a Boat Captain and Total Adjusted Benchmark Revenue was calculated using a different source than trip tickets or their equivalents, the Base Loss is calculated as follows:
Base Blue Crab Loss = Adjusted Benchmark Blue Crab Revenue * 35%
5. Determine Base Compensation by multiplying Base Blue Crab Loss by the appropriate Vessel Owner/Commercial Fisherman Vessel Lessee share. Vessel Owner and Boat Captain shares are presented in Table 1.
a. Base Compensation for Vessel Owners/Commercial Fisherman Vessel Lessees is calculated as:
Base Compensation = Base Blue Crab Loss * 50%
b. Base Compensation for Blue Crab Boat Captains is calculated as:
i. if Blue Crab Boat Captain Compensation is calculated based on trip tickets, then the Base Compensation for Blue Crab Boat Captain is calculated as:
Base Compensation = Base Blue Crab Loss * 30%
ii. If Blue Crab Boat Captain Compensation is calculated based on tax returns and financial records, Compensation for Blue Crab Boat Captain is calculated as:
Base Compensation = Base Blue Crab Loss
TABLE 1
BLUE CRAB VESSEL
BLUE CRAB BOAT OWNER/COMMERCIAL
CAPTAIN SHARE FISHERMAN VESSEL LESSEE SHARE
50%
30%
6. Apply the RTP to Base Compensation in order to determine Final Compensation. Base Compensation is specific to Claimant type and is found in Table 2.
Final Blue Crab Compensation = Base Compensation + (Base Compensation * RTP)
TABLE 2
BLUE CRAB BOAT OWNERS/COMMERCIAL
BLUE CRAB VESSEL
CAPTAINS FISHERMAN VESSEL LESSEES
RTP
6.0
5.0
In addition, Vessel Owners/Commercial Fisherman Vessel Lessees who receive Final Blue Crab Compensation shall also receive a lump sum payment of $7,500 per vessel.
D. Compensation Calculations for Other Seafood
1. Calculate Benchmark Other Seafood Revenue
a. If trip tickets or their equivalents are used, the volume and price of Other Seafood on the trip tickets or their equivalents are used to calculate gross revenue from Other Seafood landed in the Gulf Coast Areas. If the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee, the Claimant may provide trip tickets or their equivalents for the Benchmark Period for each Vessel for which compensation is being sought. If the Claimant is a Boat Captain, the Claimant may provide trip tickets for all vessels the Claimant served as a Captain during the Benchmark Period.
– OR –
b. The Claims Administrator may determine the gross vessel revenue or Boat Captain earnings from Other Seafood landings in the Gulf Coast Areas based on the Claimant’s tax returns, monthly profit and loss statements, or financial information if the Claims Administrator has sufficient information to determine:
(i) Claimant’s revenue from Other Seafood as compared to other sources and (ii) Claimant’s revenue from Other Seafood landings in the Gulf Coast Areas. If necessary, the Claims Administrator may require supplemental information from the Claimant in order to make these determinations.
2. Calculate Total Adjusted Benchmark Other Seafood Revenue by multiplying the Additional Catch Adjusted Benchmark Other Seafood Revenue by 1.1, the Adjustment for Changes in 2010-11 Prices.
Total Adjusted Benchmark Other Seafood Revenue = (Benchmark Other Seafood Revenue * Adjustment for Changes in 2010-11 Prices).
3. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Benchmark Revenue was calculated using trip tickets or their equivalents, calculate Benchmark Other Seafood Cost. Benchmark Other Seafood Cost is calculated by multiplying Benchmark Other Seafood Revenue by the Other Seafood Cost Percentage of 35%. The Other Seafood Cost Percentage is expressed as a percentage of revenue and reflects standard industry non-labor variable costs. If the Claimant is a Boat Captain and Benchmark Revenue was calculated based upon his earnings, such as from tax returns or financial information, then no Other Seafood Cost Percentage is applied, skip to step 5.
Benchmark Other Seafood Cost = (Benchmark Other Seafood Revenue * Other Seafood Cost Percentage)
4. Calculate the Base Other Seafood Loss using the Other Seafood Loss Percentage of 10%.
a. If (i) the Claimant is a Vessel Owner/Commercial Fisherman Vessel Lessee or (ii) the Claimant is a Boat Captain and Benchmark Revenue was calculated using trip tickets or their equivalents, the Base Loss is calculated as follows
Base Other Seafood Loss = (Total Adjusted Benchmark Other Seafood Revenue – Benchmark Other Seafood Cost) * 10%
b. If the Claimant is a Boat Captain and Benchmark Revenue was calculated using a different source than trip tickets or their equivalents, the Base Loss is calculated as follows
Base Other Seafood Loss = Total Adjusted Benchmark Other Seafood Revenue * 10%
5. Determine Base Compensation by multiplying Base Other Seafood Loss by the appropriate Vessel Owner/Commercial Fisherman Vessel Lessee or Boat Captain share. Vessel Owner and Boat Captain shares are presented in Table 3.
a. Base Compensation for Vessel Owners/Commercial Fisherman Vessel Lessees is calculated as:
Base Compensation = Base Other Seafood Loss * 50%
b. Base Compensation for Other Seafood Boat Captains is calculated as:
i. If Other Seafood Boat Captain Compensation is calculated based on trip tickets, then Other Seafood Boat Captain Base Compensation is calculated as:
Base Compensation = Base Other Seafood Loss * 30%
ii. If Other Seafood Boat Captain Compensation is calculated based on tax returns and financial records, then Other Seafood Boat Captain Base Compensation is calculated as:
Base Compensation = Base Other Seafood Loss
TABLE 3
OTHER SEAFOOD
OTHER SEAFOOD VESSEL
BOAT CAPTAIN OWNER/COMMERCIAL
SHARE FISHERMAN VESSEL LESSEE SHARE
50%
30%
6. Apply the RTP to Base Compensation in order to determine Final Compensation. Base Compensation is specific to Claimant type and is found in Table 1.
Final Compensation = Base Compensation + (Base Compensation * RTP)
TABLE 4
OTHER SEAFOOD | OTHER SEAFOOD BOAT | |
---|---|---|
VESSEL | CAPTAINS | |
OWNERS/COMMERCIAL | ||
FISHERMAN VESSEL | ||
LESSEES | ||
RTP | 5.5 | 4.5 |
II. Vessel Lease Compensation Allocation
To the extent the Vessel was leased by the Vessel Owner to the Commercial Fisherman Vessel Lessee as of April 20, 2010, compensation will be allocated between the parties based upon Benchmark Revenue, as calculated above and Annual Lease Payment. The Annual Lease Payment shall be calculated as the annual payment to the Vessel Owner by the Commercial Fisherman Vessel Lessee for the lease in effect as of April 20, 2010. The ratio of the Annual Lease Payment to Benchmark Revenue multiplied by the Final Compensation determines the Vessel Owner Share of Final Compensation. The Commercial Fisherman Vessel Lessee’s Share of Compensation is Final Compensation less the Vessel Owner’s Share of Final Compensation.
Vessel Owner Share of Final Compensation = Final Compensation * (Annual Lease Payment / Benchmark Revenue)
Commercial Fisherman Vessel Lessee’s Share of Final Share of Compensation = Final Compensation - Vessel Owner Share of Final Compensation.
Seafood Crew Compensation Plan for Individuals Who Are Seafood First Mates, Seafood
Second Mates, Seafood Boatswains, and Seafood Deckhands
Overview
This Seafood Crew Compensation Plan is for Class Members who are Seafood First Mates, Seafood Second Mates, Seafood Boatswains and Seafood Deckhands claiming economic loss from employment by a Commercial Fisherman due to or resulting from the Deepwater Horizon oil spill. Claimants seeking compensation under Category I or III must show they were employed by a Commercial Fisherman in 2009, and Claimants seeking compensation under Category II must show that they were employed by a Commercial Fisherman in 2009 or that they had accepted a job offer to work for a Commercial Fisherman in 2010.
Any eligible Claimant may receive compensation based upon one of the following three categories (but no more than one of the three categories), provided the Claimant satisfies the requirements outlined below.
I. INDIVIDUAL CLAIMANTS WITH TAX INFORMATION OR PAY PERIOD EARNINGS DOCUMENTATION FOR 2009: Applies to Claimants providing Tax Information Documents or Pay Period Earnings Documentation for the selected Base Year(s). Requirements detailed in Section I must be fulfilled.
II. INDIVIDUAL CLAIMANTS WITHOUT TAX INFORMATION OR PAY PERIOD EARNINGS DOCUMENTATION WHO SUBMIT A CLAIMANT SWORN WRITTEN STATEMENT AND EMPLOYER SWORN WRITTEN STATEMENT TO
ESTABLISH EARNINGS: Applies to two types of Claimants: (i) those without sufficient Tax Information Documents or Pay Period Earnings Documentation regarding 2009 earnings, but who provide Sworn Written Statements (from both the Claimant and the Claimant’s employer) presenting employment and compensation information for 2009; and (ii) those with proof of an offer of employment in a Claiming Job for 2010. Requirements detailed in Section II must be fulfilled.
III. INDIVIDUAL CLAIMANTS WITHOUT TAX INFORMATION OR PAY PERIOD EARNINGS DOCUMENTATION WHO SUBMIT A CLAIMANT SWORN WRITTEN STATEMENT, SPONSOR SWORN WRITTEN STATEMENT(S) AND ATTORNEY SWORN WRITTEN STATEMENT (IF APPLICABLE) TO ESTABLISH EARNINGS: Applies to Claimants without sufficient Tax Information Documents or Pay Period Earnings Documentation and without an Employer Sworn Written Statement to document earnings for 2009 but who provide at least three Sworn Written Statements presenting employment and compensation information for 2009. Requirements detailed in Section III must be fulfilled.
Definitions
The following defined terms used in this Seafood Crew Compensation Plan shall have the meanings set forth below and be presented in bold-faced type.13
A. Actual Earnings: Claimant’s Income actually earned from the Claiming Job.
B. Base Year(s): A Claimant selected period, applicable to Category I only, used for historical comparison and defined as one of the following options, provided that once selected, the same Base Year(s) shall be used in this Seafood Crew Compensation Plan for all purposes for which a Base Year(s) is required for that Claimant. Provided further, a Claimant is restricted to the following three options in choosing the Claimant’s Base Year(s).
C. Benchmark Period: For purposes of this Seafood Crew Compensation Plan, the Benchmark Period for claimants in Category I is the period of April 20 through December 31 of the year or years selected from the Base Year(s), and the Benchmark Period for claimants in Categories II and III is April 20, 2009 through December 31, 2009. The Benchmark Period is used to establish baseline earnings to be used in calculating the Claimant’s lost earnings arising out of the harvesting of seafood due to the Deepwater Horizon oil spill.
D. Category II Aggregate Compensation Amount: $80 million is the Aggregate Compensation Amount for Category II claims.
E. Category III Aggregate Compensation Amount: $50 million is the Aggregate Compensation Amount available to pay Category III claims.
F. Claiming Job(s): The job held by the Claimant that meets the definition of Seafood First Mate, Seafood Second Mate, Seafood Boatswain or Seafood Deckhand.
G. Claims Administrator: The Claims Administrator and related staff appointed pursuant to the Deepwater Horizon Economic And Property Damages Settlement Agreement.
H. Income: Gross earnings from the Claiming Job.
These definitions apply to the Seafood Crew Compensation Plan only and not to other aspects of the Seafood Compensation Program generally.
I. Pay Period Earnings Documentation: Documentation sufficient to establish a Claimant’s earnings from employment and hours worked during the applicable Benchmark Period. Documentation may include:
J. Tax Information Documents: Tax Returns or Forms W-2 and/or 1099s.
K. Tax Returns: Federal or state income tax returns, including any relevant supporting schedules.
L. Sworn Claim Form: Each Claimant must complete and submit a Claim Form which the Claimant shall verify under penalties of perjury. The Claim Form shall direct the Claimant to provide information, including the Claimant’s chosen Base Year(s) for Category I. The Claimant shall attach required documents supporting the claim. All statements made in, and documents submitted with, the Sworn Claim Form may be verified as judged necessary by the Claims Administrator. The Claimant shall provide forms in which the Claimant shall authorize the Claims Administrator to: (1) verify employment and obtain copies of wage records, (2) obtain the relevant Tax Information Documents from the Internal Revenue Service and/or Social Security Administration, and (3) confirm any bank account information used in support of a claim, but the authorization for bank records shall be limited to the Claimant’s chosen Base Year(s). The Claim Form may be submitted in electronic fashion, including scanning of documents or copies of verification from public databases providing the same information as would be provided by the original document.
I. CATEGORY I: INDIVIDUAL CLAIMANTS WITH TAX INFORMATION OR PAY PERIOD EARNINGS DOCUMENTATION FOR 2009
Category I is open to all eligible Class Members claiming economic loss arising out of the harvesting of Seafood where the Claimant was employed by a Commercial Fisherman in 2009, worked or anticipated to work harvesting Seafood in 2010, and can provide sufficient documentation as set forth below. Claimant must provide either:
(i) Claimant’s federal or state Tax Information Documents (Tax Returns or Forms W-2 and/or 1099) for the selected Base Year(s) or (ii) Pay Period Earnings Documentation sufficient to establish earnings from the Claiming Job for the selected Base Year(s). The Claimant’s compensation shall be calculated as set forth in Section
1. Documentation Establishing Employment Earnings: For each year included in the selected Base Year(s), Individual Claimants must provide at least one of the following Tax Information Documents:
AND/OR
For each year included in the selected Base Year(s), Pay-Period Earnings Documentation sufficient to establish the source(s) and amounts of earnings, which may include as follows:
2. Additional Claimant Documentation:
i. Documentation that could demonstrate presence and availability includes, but is not limited to, the following:
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ii. Documentation that could demonstrate location of employment includes, but is not limited to, the following:
3. Seafood Spill-Related Payments:
The Claimant shall provide a Sworn Written Statement attesting whether or not the Claimant received any Seafood Spill-Related Payments. If the Claimant received Seafood Spill-Related Payments, the Claimant shall provide documents sufficient to establish the timing, amount and source of Seafood Spill-Related Payments, including documents providing the claimant’s BP/GCCF/Transition Facility Claim Number, if applicable, and any corresponding payments.
B. Causation Requirements
For Claimant’s who satisfy the Documentation Requirements, the DWH Spill shall be presumed to be the cause of the Claimant’s lost earnings for a Claiming Job.
An RTP of 2.25 shall apply to all Claimants with claims that qualify for compensation under Category I of this Seafood Crew Compensation Plan.
D. Compensation Calculation
The Claims Administrator shall use Tax Information Documents and/or Pay Period Earnings Documentation and/or other supporting documentation provided by the Claimant to calculate the Claimant’s lost earnings from the Claiming Job. The Claimant’s lost earnings shall be calculated as 37% of the average Actual Earnings from the Claiming Jobs held by the Claimant during the Benchmark Period. The Claimant shall receive a lump-sum payment of this amount. Claimants who provide documents sufficient to prove Work Availability as set forth in Section I.A.2.c above will also receive the applicable RTP.
II. INDIVIDUAL CLAIMANTS WITHOUT TAX INFORMATION OR PAY PERIOD EARNINGS DOCUMENTATION WHO SUBMIT A CLAIMANT SWORN WRITTEN STATEMENT AND EMPLOYER SWORN WRITTEN STATEMENT TO ESTABLISH EARNINGS
Category II is open to all eligible Class Members who anticipated working in the Seafood Industry in 2010 and can provide sufficient documentation as set forth below, through two alternative methods. First, any Claimant who does not have sufficient Tax Information Documents or Pay Period Earnings Documentation for the Claiming Job evidencing the Claimant’s earnings during 2009 may instead establish lost earnings and causation by submitting, in addition to a Sworn Claim Form, (a) a Claimant Sworn Written Statement with specified contents (see below), (b) one or more Employer Sworn Written Statement(s) providing information for 2009, and (c) any other specified documentation (see below). If the Claimant submits an Employer Sworn Written Statement from a parent, grandparent, child, grandchild, spouse, brother, sister, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, step-parent, step-brother, step-sister or step-child of the Claimant, then the Claimant shall submit an additional Sponsor Sworn Written Statement from a person not related to the Claimant. The Claimant’s compensation shall be calculated as set forth in Section II.D below and shall be based on the earnings from 2009 in the Benchmark Period and the applicable RTP.
In addition, Claimants who can establish that they were offered and accepted employment in a Claiming Job prior to April 20, 2010 for the period of April 20, 2010 through December 31, 2010 and that the offer was withdrawn or rescinded in whole or part after April 20, 2010 may establish lost earnings and causation by submitting, in addition to a Sworn Claim Form, (a) a Claimant Sworn Written Statement with specified contents (see below), (b) one or more Employer Sworn Written Statements(s) providing information related to the job offer, and (c) any other specific documentation (see below).
All Claimants who seek compensation under Category II shall submit the Sworn Claim Form and all necessary documents in a final and complete form no later than the Bar Date. Any claim that is not filed as of the Bar Date shall be rejected, and the Claimant shall receive no compensation under this Settlement Agreement for the Claimant’s lost earnings for the Claiming Job.
The Claims Administrator shall receive and process claims under Category II as required to allow for Claimant and/or the Claims Administrator to supplement the claim or acquire any additional necessary information or documentation. However, no Category II claim shall be paid until after the Bar Date. After the Bar Date, the Claims Administrator shall process as expeditiously as possible all timely submitted claims as described in further detail in Section II.C below.
A. Documentation And Causation Requirements:
A Category II claimant must provide a Sworn Claim Form and the documents identified below. The Claims Administrator shall review and assess the documentation provided by the Claimant, including information from the Claimant’s employer(s), and any other information deemed relevant by the Claims Administrator, for purposes of determining whether the Claimant had earnings in 2009 from employment as a Seafood First Mate, Seafood Second Mate, Seafood Boatswain or Seafood Deckhand or whether the Claimant had a legitimate job offer that was rescinded or withdrawn in whole or in part for employment as a Seafood First Mate, Seafood Second Mate, Seafood Boatswain or Seafood Deckhand. The Claims Administrator shall rely on his assessment of the credibility and reliability of the information submitted in determining if the causation requirement is satisfied and the amount of any lost earnings arising out of the harvesting of Seafood due to the Deepwater Horizon oil spill.
1. Claimant Sworn Written Statement: The Claimant shall submit a Claimant Sworn Written Statement which sets forth all of the following information and shall attach any relevant documents in Claimant’s possession:
72
2. Claimant Employability Documentation:
In order to prove employability, the Claimant should provide both:
a. A copy of a Social Security card, government-issued identification (for example, a valid driver’s license), temporary worker visa, or green card that was valid as of April 20, 2010, or a print out from a public database providing the same information as would be provided by the original document.
AND
b. Evidence that the Claimant was at least 16 years of age as of April 20, 2010. Acceptable evidence includes a valid driver’s license, a valid passport, or a copy of the Claimant’s birth certificate, or a print out from a public database providing the same information as would be provided by the original document.
i. The Claimant’s employment history with employer, including, for example, the nature of the work performed, number of years worked, whether the employment is steady or seasonal, year-round or intermittent, and the circumstances of the Claimant’s departure and/or termination, if applicable.
ii. The Claimant’s wage rate and total compensation for 2009. If the employer cannot provide precise actual dates and times, it shall be sufficient for the employer to provide more general information satisfying this standard – for example, “Claimant was employed for 30 days at a rate of $100 per day for 12 weeks during the months of June - August 2009”.
iii. If the employer (i) employed the Claimant and/or
The number of Employer Sworn Written Statements submitted by an employer on behalf of the Claimant and any other Claimants shall be monitored by the Claims Administrator for reasonableness in light of the employer’s operations. For example, it would be anticipated that a 45-foot boat would have approximately two full-time equivalent employees, or that a 75-foot boat would have approximately three full-time equivalent employees.
5. Sponsor Sworn Written Statement:
If the Claimant submits an Employer Sworn Written Statement from a parent, grandparent, child, grandchild, spouse, brother, sister, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, step-parent, step-brother, step-sister or step-child of the Claimant, the Claimant shall also submit a Sponsor Sworn Written Statement which sets forth the following information with any relevant documents attached.
Green Card, and attached copies, or verification from a public database that the sponsor has one or more of the listed items.
i. An explanation of how the reduction of Claimant’s hours of work, termination of the Claimant’s employment, or withdrawal of an offer of employment during the period from April 21, 2010 through December 31, 2010, was due to or resulting from the DWH Spill and the sponsor’s basis of knowledge for these facts.
ii. A representation that the sponsor has not submitted a Sponsor Sworn Written Statement for more than ten other claimants.
iii. A representation that the sponsor understands and acknowledges that the Claims Administrator will rely on statements in the Sponsor Sworn Written Statement, which acknowledgement the sponsor verifies under penalty of perjury is true and correct.
iv. A representation that the sponsor understands that fraudulent claims and statements will be prosecuted to the full extent of the law.
B. Interviews
1. The Claims Administrator shall have the right to interview all Claimants, employer(s) and sponsor(s) as the Claims Administrator deems appropriate. For example, if an employer submits Employee Sworn Statements on behalf of more employees than the Claims Administrator determines could reasonably have been employed in the job by the
The standard to be applied is whether or not the Sponsor’s statement contains facts that would allow the Sponsor to testify under the Federal Rules of Evidence as being within the Sponsor’s personal knowledge.
employer, then the Claims Administrator may determine an interview of the employer is appropriate. The Claims Administrator shall follow the Interview Guidelines contained in Exhibit 83 of the Deepwater Horizon Economic and Property Settlement Agreement (Addendum to Individuals Framework - Interviews of Claimants Alleging Individual Economic Loss and Other Individuals Providing Sworn Statements in Support of Such a Claim).
An RTP of 2.25 shall apply only to Claimants with claims that qualify for compensation under Category II of this Seafood Compensation Plan and who provide documents sufficient to prove Work Availability as set forth in Section II.A.1.d above.
D. Description Of Compensation Calculation And Distribution Of Payments
The Claims Administrator shall determine the amount of Claimant’s lost earnings relating to employment by a Commercial Fisherman due to or resulting from the Deepwater Horizon oil spill based on the totality of the information provided by the Claimant and the Claimant’s employer(s), including the Sworn Claim Form, the Claimant Sworn Written Statement, the Employer Sworn Written Statement(s), and, if applicable, the Sponsor Sworn Written Statement(s), and any other supporting documentation provided by the Claimant. The Claims Administrator cannot rely solely on the Claimant Sworn Written Statement for proof of lost earnings.
The Claims Administrator shall receive and process claims under Category II as required to allow for Claimants and/or the Claims Administrator to supplement the claim or acquire any additional necessary information or documentation. No Category II claim shall be paid until after the Bar Date. After the Bar Date for Category II claims, the Claims Administrator shall determine whether each Claimant who timely submitted a Category II claim is eligible and qualified to receive compensation.
The Claims Administrator shall determine compensation for Category II Claimants as follows. For claimants that establish a valid job offer, their lost potential earnings relating to potential employment by a Commercial Fisherman due to or resulting from the Deepwater Horizon oil spill shall be calculated as the wages that the Claims Administrator establishes would have been earned from April 21, 2010 through December 31, 2010. For example, if the Claimant validly established a qualifying job offer for 40 hours per week that was revoked, the Claimant could establish lost earnings of the hourly wage times 40 hours per week times 36 weeks.
For Category II claimants, the Claimant’s base compensation shall be calculated as:
(i) 37% of the Actual Earnings from the Claiming Jobs held by the Claimant during the Benchmark Period; or, (ii) as 37% of the Claimant’s potential earnings for April 20, 2010 through December 31, 2010.
The Claimant shall receive a lump-sum payment equal to the Claimant’s base compensation plus any applicable RTP.
77 No Claimant in Category II shall receive more than $9,500 in base compensation before application of the RTP. Further, if the total aggregate amount of Category II compensation claims for all claimants who have timely submitted eligible and qualifying Category II claims exceeds the Aggregate Compensation Amount for Category II, then Category II claimants will be subject to a pro rata reduction in compensation. If the Aggregate Compensation Amount for Category II is not exhausted, then any remaining amount within the Aggregate Compensation Amount for Category II shall be distributed as part of the balance described in the “General Framework and Overview of Seafood Compensation Program Distribution” Section of the Seafood Compensation Program.
There are no appeal process rights available under Category II of the Seafood Crew Compensation Plan. The decision of the Claims Administrator is final and not appealable.
III. CLAIMANTS WITHOUT TAX INFORMATION OR PAY PERIOD EARNINGS DOCUMENTATION WHO SUBMIT A CLAIMANT SWORN WRITTEN STATEMENT, SPONSOR SWORN WRITTEN STATEMENT(S) AND ATTORNEY SWORN WRITTEN STATEMENT (IF APPLICABLE) TO ESTABLISH EARNINGS
Any Claimant who does not have Tax Information Documents or Pay Period Earnings Documentation for the Claiming Job evidencing the Claimant’s earnings during 2009 may instead establish lost earnings and causation, by submitting in addition to a Sworn Claim Form: (a) a Claimant Sworn Written Statement with specified contents,
(b) one or more Sponsor Sworn Written Statement(s) and/or one or more Attorney Sworn Written Statements(s), and (c) any other specified documentation. In addition, the Claims Administrator may interview the Claimant and/or the sponsor(s) and/or the attorney(s) if the Claims Administrator determines an interview is appropriate.
All Claimants who seek compensation under Category III shall submit the Sworn Claim Form and all necessary documents in a final and complete form no later than the Bar Date. Any claim that is not filed as of the Bar Date shall be rejected, and the Claimant shall receive no compensation under this Settlement Agreement for the Claimant’s lost earnings for the Claiming Job.
The Claims Administrator shall receive and process claims under Category III as required to allow for Claimants and/or the Claims Administrator to supplement the claim or acquire any additional necessary information or documentation. However, no Category III claim shall be paid until after the Bar Date. After the Bar Date, the Claims Administrator shall process as expeditiously as possible all timely submitted claims as described in further detail in subsection C below.
There are no appeal process rights available under Category III of the Seafood Crew Compensation Plan. The decision of the Claims Administrator is final and not appealable.
A. Documentation And Causation Requirements:
A Category III claimant must provide a Sworn Claim Form and all of the documents identified below. The Claims Administrator shall review and assess the documentation provided by the Claimant, including information from the Claimant’s sponsor(s) and/or attorney(s), and any other information deemed relevant by the Claims Administrator, for purposes of determining whether the Claimant had Actual Earnings in 2009 from employment as a Seafood First Mate, Seafood Second Mate, Seafood Boatswain or Seafood Deckhand. The Claims Administrator shall rely on his assessment of the credibility and reliability of the information submitted in determining if the causation requirement is satisfied and the amount of any lost earnings relating to employment by a Commercial Fisherman due to or resulting from the Deepwater Horizon oil spill.
1. Claimant Sworn Written Statement: The Claimant shall submit a
Claimant Sworn Written Statement which sets forth all of the following information and shall attach any relevant documents in Claimant’s possession:
a. | Information about each employer for whom a claimant worked at | ||||
---|---|---|---|---|---|
any time in 2009 and/or 2010, including, for example, the nature of | |||||
the work performed, number of years worked, whether the | |||||
employment is steady or seasonal, year-round or intermittent, and | |||||
the circumstances of the Claimant’s departure and/or termination, | |||||
if applicable. | At a minimum, the Claimant shall include the | ||||
following: | |||||
i. | The business name, last known address, and telephone | ||||
number of each of Claimant’s employers for 2009 and/or | |||||
2010. | |||||
b. | The Claimant’s actual earned income from all sources in 2009 and | ||||
2010, and any other earnings history that the Claimant believes is | |||||
relevant to support the claim, including any support for the | |||||
Claimant’s belief that these actual earned amounts are accurate. | |||||
c. | An explanation of how the reduction of Claimant’s hours of work, | ||||
termination of the Claimant’s employment, and/or withdrawal of | |||||
an offer of employment related to the Claiming Job(s) for the | |||||
period from April 21 through December 31, 2010 was due to or | |||||
resulting from the DWH Spill. | |||||
d. | The name, address and telephone number of any individual | ||||
submitting a | Sponsor Sworn Written Statement | and the | |||
Claimant’s relationship to such sponsor and/or the name, address | |||||
and telephone number of an attorney submitting an Attorney | |||||
Sworn Written Statement. |
i. Documentation that could demonstrate presence and availability includes, but is not limited to, the following:
ii. Documentation that could demonstrate the location of employment or anticipated location of employment includes, but is not limited to, the following:
2. Claimant Employability Documentation:
Consists of both:
a. A copy of a Social Security card, government-issued identification (for example, a valid driver’s license), temporary worker visa, or green card that was valid as of April 20, 2010, or a print out from a public database providing the same information as would be provided by the original document.
AND
b. Evidence that the Claimant was at least 16 years of age as of April 20, 2010. Acceptable evidence includes a valid driver’s license, a valid passport, or a copy of the Claimant’s birth certificate, or a print out from a public database providing the same information as would be provided by the original document.
If the attorney for the Claimant has withdrawn his or her representation of the Claimant, then the Claimant will not be required to submit an Attorney Sworn Written Statement. In addition to the Attorney Sworn Written Statement, the Claimant shall also submit a Sponsor Sworn Written Statement. A sponsor who submits a Sponsor Sworn Written Statement may not be the parent, grandparent, child, grandchild, spouse, brother, sister, aunt, uncle, niece, nephew, brother-in-law, sister-in-law, step-parent, step-brother, step-sister or step-child of the Claimant, unless such sponsor employed the Claimant at some time during 2009 or 2010.
If the Claimant is not required to submit an Attorney Sworn Written Statement as set forth above, the Claimant must submit either two Sponsor Sworn Written Statements (at least one sponsor must be unrelated to the Claimant) or a Sponsor Sworn Written Statement and an Attorney Sworn Written Statement.
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The standard to be applied is whether or not the Sponsor’s statement contains facts that would allow the Sponsor to testify under the Federal Rules of Evidence as being within the Sponsors personal knowledge.
i. The attorney’s full name, office address, office telephone number, and email address.
ii. The attorney’s Bar Association membership number.
iii. The attorney’s relationship to the Claimant, including a description of when the attorney began representation of the Claimant, and the scope of such representation.
B. Interviews
1. The Claims Administrator shall have the right to interview all Claimants and related sponsor(s) and/or attorney(s) in this Category III if the Claims Administrator determines an interview is appropriate.16 The Claims
In addition, nothing in this Seafood Crew Compensation Program shall in any way limit the right and obligation of the Claims Administrator to investigate fully all suspicions of fraudulent conduct by or on behalf of any claimant, including but not limited to conducting any interviews and obtaining any documents the Claims Administrator deems necessary.
Administrator shall follow the Interview Guidelines contained in the Deepwater Horizon Economic and Property Settlement Agreement.
C. Description Of Compensation Calculation And Distribution Of Payments
The Claims Administrator shall determine whether the Claimant is eligible and qualified to receive compensation for a Category III claim based on the totality of the information provided by the Claimant, the Claimant’s sponsor(s), and the Claimant’s attorney, including the Sworn Claim Form, the Claimant Sworn Written Statement, the Claimant Employability Documentation,the Licensing Documentation, the Sponsor Sworn Written Statement and/or the Attorney Sworn Written Statement, any other supporting documentation provided by the Claimant, and any additional interviews or information as deemed appropriate by the Claims Administrator. The Claimant is eligible and qualified to receive compensation for a Category III claim if the Claims Administrator determines, based upon this information, that the Claimant had actual earnings from employment as a Seafood First Mate, Seafood Second Mate, Seafood Boatswain, or Seafood Deckhand during the time period of January 1, 2009 through April 20, 2010.
The Claims Administrator shall receive and process claims under Category III as required to allow for Claimants and/or the Claims Administrator to supplement the claim or acquire any additional necessary information or documentation. No Category III claim shall be paid until after the Bar Date. After the Bar Date for Category III claims, the Claims Administrator shall determine whether each Claimant who timely submitted a Category III claim is eligible and qualified to receive compensation. If the Claims Administrator determines that a Claimant is eligible and qualified to receive compensation for a Category III claim, the Claimant shall receive a lump-sum payment of $5,000. If the total aggregate amount of Category III compensation claims for all claimants who have timely submitted eligible and qualifying Category III claims exceeds the Aggregate Compensation Amount for Category III, then Category III Claimants will be subject to a pro rata reduction in compensation. If the Aggregate Compensation Amount for Category III is not exhausted, then any remaining amount within the Aggregate Compensation Amount for Category III shall be distributed as part of the balance described in the “General Framework and Overview of Seafood Compensation Program Distribution” Section of the Seafood Compensation Program.
SEAFOOD SPILL-PAYMENT REDUCTION PROCEDURES
If the Claims Administrator determines that the Claimant has received Seafood Spill-Related Payments, the Claims Administrator shall offset any compensation under the Seafood Compensation Program by the total of the Seafood Spill-Related Payment amount. If a Claimant qualifies for compensation under multiple provisions of the Seafood Compensation Program, the Seafood Spill-Related Payment is only applied once. For example, if a Claimant qualifies to receive: (i) $275,563 under the Shrimp Reduced Expedited Compensation Program; (ii) $32,000 under the Blue Crab/Other Seafood Compensation Program; and (iii) received $25,000 in Seafood Spill-Related Payments, his compensation under the Seafood Compensation Program would be: $282,563 ($275,563 + $32,000 - $25,000).
EXHIBIT 11A
Compensation Framework for Coastal Real Property Claims
A. Eligible Claimants shall be comprised of claimants who do not fall within the exclusions to the Economic Loss and Property Class Definition and who are owners or lessees of Eligible Parcels satisfying the following criteria:
i. The claimant owned the Eligible Parcel during the time period April 20, 2010 to December 31, 2010; or
B. Coastal Real Property Claim Zone shall be defined as the blue shaded portions of the Coastal Real Property Claim Zone Map attached as Appendix A. (See Appendix B for a description of the criteria used to establish the Coastal Real Property Claim Zone.)
C. Eligible Parcels shall be comprised of the following two categories:
ii. Deeded Boat Slips located within the Coastal Real Property Claim Zone. Deeded Boat Slips shall be defined as boat slips for which the Eligible Claimant paid real property tax during the time period April 20, 2010 to December 31, 2010.
D. An Eligible Parcel shall be placed into one of four Compensation Categories1:
Compensation Category A1 shall consist of Eligible Parcels satisfying the following two criteria: (i) the presence of oil was reported on the Eligible Parcel by the Deepwater Horizon Unified Command Shoreline Cleanup
1 Grand Isle, Louisiana and Dauphin Island, Louisiana are included in the Coastal Real Property Claim Zone and will be placed into a Compensation Category consistent with Section 1. D.
Assessment Teams (SCAT) or a Pre-Assessment conducted as part of Phase 1 of the Natural Resources Damages Assessment process (“NRD Pre-Assessment”) and (ii) the Eligible Parcel includes, or is situated upon, a shoreline for which no portion of the shoreline has a primary Environmental Sensitivity Index (“ESI”) classification of 10A (salt and brackish (coastal marshes)), 10B (freshwater marshes), 10C (freshwater swamps) or 10D (scrub-shrub wetlands (includes mangroves)) as determined by the National Oceanic and Atmospheric Administration (“NOAA”)2.
Compensation Category A2 shall consist of Eligible Parcels satisfying the following two criteria: (i) the presence of oil was reported on the Eligible Parcel by SCAT or an NRD Pre-Assessment and (ii) the Eligible Parcel includes or is situated upon a shoreline for which some portion of the shoreline has a primary ESI classification of 10A (salt and brackish (coastal marshes)), 10B (freshwater marshes), 10C (freshwater swamps) or 10D (scrub-shrub wetlands (includes mangroves)) as determined by the NOAA.
Compensation Category B1 shall consist of Eligible Parcels satisfying the following two criteria: (i) no presence of oil was reported on the Eligible Parcel by SCAT or an NRD Pre-Assessment and (ii) the Eligible Parcel includes or is situated upon a shoreline for which no portion of the shoreline has an ESI classification of 10A (salt and brackish (coastal marshes)), 10B (freshwater marshes), 10C (freshwater swamps) or 10D (scrub-shrub wetlands (includes mangroves)) as determined by the NOAA.
Compensation Category B2 shall consist of Eligible Parcels satisfying the following two criteria: (i) no presence of oil was reported on the Eligible Parcel by SCAT or an NRD Pre-Assessment and (ii) the Eligible Parcel includes or is situated upon a shoreline for which some portion of the shoreline has a primary ESI classification of 10A (salt and brackish (coastal marshes)), 10B (freshwater marshes), 10C (freshwater swamps) or 10D (scrub-shrub wetlands (includes mangroves)) as determined by the NOAA.
i. An Eligible Parcel shall be classified as having “the presence of oil” (a criteria for Compensation Categories A1 and A2) when any SCAT zone within the parcel has a maximum oiling classification other than “no oil observed” or (ii) an NRD Pre-Assessment conducted within the parcel reported the presence of oil on vegetation and/or sediment.
2 Environmental Sensitivity Index numbers used by the National Oceanic and Atmospheric Administration can be found at the following website: http://archive.orr.noaa.gov/gallery_gallery.php?RECORD_KEY%28gallery_index%29=joinphot ogal_id,gallery_id,photo_id&joinphotogal_id(gallery_index)=86&gallery_id(gallery_index)=4& photo_id(gallery_index)=35
ii. An Eligible Parcel is determined to have “no presence of oil” (a criteria for Compensation Categories B1 and B2) when (i) all SCAT zones within the parcel have a maximum oiling classification of “no oil observed” or (ii) no NRD Pre-Assessment conducted within the parcel reported the presence of oil on vegetation or sediment.
i. Actual presence of the parcel in the Coastal Real Property Claim Zone. Documentation of actual presence of parcel in the Coastal Real Property Claim Zone must consist of an official document provided by the county tax assessor, Clerk of Court, Registrar of Lands or other governmental lands office or agency such as a 2010 county tax notice or a professional survey of the parcel.
G. The Administrator’s Database contains publicly available County Land Use Designations for parcels within the Coastal Real Property Claim Zone. In some instances, publicly available County Land Use Designations may be incomplete or out-of-date. Accordingly, a parcel located within the Coastal Real Property Claim Zone for which the County Land Use Designation in the Administrator’s Database is not listed in Appendix C nonetheless shall be categorized as an Eligible Parcel if the claimant provides documentation from the county tax assessor, Clerk of Court, Registrar of Lands or other governmental lands office or agency sufficient to show that the parcel does in fact have a County Land Use Designation listed in Appendix
C.
H. An Eligible Parcel within the Coastal Real Property Claim Zone may be reclassified by the Claims Administrator into a different Compensation Category if one of the following conditions is satisfied:
i. An Eligible Parcel placed in Compensation Category B1 or Compensation Category B2 pursuant to information in the Administrator’s Database shall be reclassified by the Claims Administrator into Compensation Category A1 or Compensation Category A2 if the Eligible Claimant provides independent documentation in the form of a government or academic report, not commissioned by the Eligible Claimant or Eligible Claimant’s attorney or agent, with said independent documentation establishing that the Eligible Parcel contains the presence of oil released by the DWH Spill even though no portion of the parcel is classified as oiled pursuant to SCAT or NRD Pre-Assessment.
ii. An Eligible Parcel on a shoreline with a primary ESI classification of less than 10 as determined by NOAA and classified into Compensation Category A1 or Compensation Category B1 shall be reclassified into Compensation Category A2 or Compensation Category B2 if the Eligible Claimant provides documentation from NOAA showing that the Eligible Parcel is on a shoreline with a primary ESI classification of 10A (salt and brackish (coastal marshes)), 10B (freshwater marshes), 10C (freshwater swamps) or 10D (scrub-shrub wetlands (includes mangroves)).
iii. The Claims Administrator shall undertake an investigation to determine whether the information submitted pursuant to this Section satisfies the criteria for reclassification set out H. i. and H. ii.
A. An Eligible Claimant must submit a Claim Form3, all required supporting documents and a Verification Statement to receive compensation for Eligible Parcels. The Claim Form, Document Requirements and Verification Statement are attached as Appendices E, F and G, respectively.
B. An Eligible Claimant who satisfies the eligibility requirements of Section 1 and submits a Claim Form, all required supporting documents and a Verification Statement, shall be entitled to receive the appropriate Coastal Real Property compensation amount (“Coastal Real Property Compensation Amount”) for an Eligible Parcel depending upon the criteria outlined in this section. The particular Coastal Real Property Compensation Amount shall be calculated as follows using a specified percentage of the 2010 Applicable Property Tax4 for the Eligible Parcel5:
i. For an Eligible Parcel in Compensation Category A1 the Coastal Real Property compensation amount shall be 40% of the 2010 Applicable Property Tax.
ii. For an Eligible Parcel in Compensation Category A2, the Coastal Real Property Compensation Amount shall be 45% of the 2010 Applicable Property Tax.
iii. For an Eligible Parcel in Compensation Category B1, the Coastal Real Property Compensation Amount shall be 30% of the 2010 Applicable Property Tax.
iv. For an Eligible Parcel in Compensation Category B2, the Coastal Real Property compensation amount shall be 35% of the 2010 Applicable Property Tax.
C. For the Coastal Real Property Compensation Amount described in Section 2. B, “2010 Applicable Property Tax” shall be defined as an Eligible Parcel’s 2010 County Appraised Value multiplied by 1.18% (“Applicable Real Property Tax Rate”).
D. “County Appraised Value” shall mean the following for an Eligible Parcel depending on the state it is located in:
Florida: For an Eligible Parcel located in the Florida counties of Escambia, Okaloosa, Santa Rosa, Walton, Bay, Gulf, Franklin and
3The Claim Administrator may prepare the final Claim Form consistent with Appendix E. In no case shall the final Claim Form omit the substance of any question contained in Appendix E. 4 2010 Applicable Property Tax is defined in Section 2. C. 5 See Appendix H for example calculations of Coastal Real Property Compensation Amounts.
Wakulla, County Appraised Value shall mean Just Value as determined by the respective Florida County tax assessor.
Alabama: For an Eligible Parcel located in Baldwin County, Alabama, County Appraised Value shall mean True Value as determined by the Baldwin County tax assessor. For an Eligible Parcel located in Mobile County, Alabama, County Appraised Value shall mean Market Value, as determined by the Mobile County tax assessor.
Mississippi: For an Eligible Parcel located in Jackson County Mississippi, County Appraised Value shall mean TOTALVAL as determined by Jackson County tax assessor. For an Eligible Parcel located in Harrison County, Mississippi, the County Appraised Value shall mean Total Value as determined by the Harrison County tax assessor. For an Eligible Parcel located in Hancock County, Mississippi the County Appraised Value shall mean LRTOT as determined by the Hancock County tax assessor.
Louisiana: For an Eligible Parcel located in Grand Isle, Jefferson Parish, Louisiana, County Appraised Value shall mean Fair Market Value as determined by the Jefferson Parish tax assessor.
i. If the County Appraised Value is net of a Homestead Exemption, the amount of such Homestead Exemption shall be added to the County Appraised Value for purposes of calculating the Coastal Real Property Compensation Amount.
E. An Eligible Parcel with a County Land Use Designation listed in Appendix I shall be entitled to the greater of (i) calculation in 2. B. above or (ii) a minimum as detailed below.6
ii. An Eligible Parcel for which the County Land Use Designation in the Administrator’s Database is not listed in Appendix H, shall nonetheless
6 See Appendix J for an example calculation of a minimum Coastal Real Property Compensation Amount.
be categorized as an Eligible Parcel for which the County Land Use Designation is listed in Appendix H, if the claimant provides documentation from the county tax assessor sufficient to show that the parcel does in fact have a County Land Use Designation listed in Appendix H.
F. The Coastal Real Property Compensation Amount shall be allocated as follows:
i. For an Eligible Parcel for which there is only one Eligible Claimant, the Eligible Claimant shall receive the entire portion of the applicable Coastal Real Property Compensation Amount.
ii. For an Eligible Parcel for which there are more than one Eligible Claimants, the Coastal Real Property Compensation Amount shall be allocated based on the period of legal possession of the particular Eligible Parcel by each Eligible Claimant between April 20, 2010, and December 31, 2010. The allocation shall be determined by dividing the Coastal Real Property Compensation Amount by 255 days and then multiplying the product by the number of days each Eligible Claimant had legal possession of the Eligible Parcel.
iii. The Claims Administrator shall determine whether an Eligible Claimant(s) is the owner of an Eligible Parcel
G. An RTP of 2.5 shall be applied to the Coastal Real Property Compensation Amount. For example, a hypothetical Coastal Real Property Compensation Amount of $1,859 (refer to Appendix H), would receive an RTP equal to $4,648 for a total Coastal Real Property Compensation Amount of $6,507 inclusive of RTP.
A. Physical Damage shall be defined as any physical damage that occurred to an Eligible Claimant’s real or personal property located on an Eligible Parcel(s) in connection with the DWH Spill or as a result of the response cleanup operations that were consistent with the National Contingency Plan or specifically ordered by the Federal On-Scene Coordinator or delegates thereof, with the exception of any damage claimed for intrusion of oil, dispersant or other substances onto the Eligible Claimant’s Eligible Parcel(s). Damages for claims of intrusion of oil, dispersants or other substances on an Eligible Parcel are addressed in Section 2. B. above.
i. Examples of Physical Damage includes, for example, physical damage that occurred to landscaping, a structure, appurtenances, a dock, a building, a patio, or a deck furniture located on an Eligible Parcel caused by a vehicle, machinery or equipment in use for DWH Spill response cleanup operations.
B. An Eligible Claimant must provide the Claims Administrator with satisfactory proof of all of the following items below in order to qualify to receive compensation for Physical Damage:
i. | The claimant is an Eligible Claimant. |
ii. | The claimed Physical Damage occurred on an Eligible Parcel. |
iii. | The Physical Damage occurred between April 20, 2010 and the date the |
Economic Injury and Property Claim Settlement Agreement is executed | |
by the parties. | |
iv. | The condition of the real or personal property prior to the claimed physical |
damage. | |
v. | The Eligible Claimant owned the real or personal property for which |
Physical Damage is claimed at the time the damage occurred. The | |
Claims Administrator shall determine whether an Eligible Claimant(s) is | |
the owner of the real or personal property for which Physical Damage is | |
claimed at the time the damage occurred. | |
vi. | The Physical Damage was caused by DWH Spill response cleanup |
operations. | |
vii. | For an Eligible Claimant claiming to have incurred costs to repair or |
replace the damaged property, evidence to establish that the costs were | |
incurred by the Eligible Claimant and that they were reasonable and | |
necessary. | |
viii. | For an Eligible Claimant seeking compensation for costs not yet incurred |
to repair or replace the damaged property, a cost estimate and proof the | |
costs are reasonable and necessary. |
C. An Eligible Claimant must comply with the Claim Form, Document Requirements and Verification Statement listed in Appendices E, F and G in order to qualify to receive compensation for Physical Damage.
D. An Eligible Claimant who claims Physical Damage and satisfies Section 3. A, 3. B and 3. C above shall receive the lesser of the reasonable and necessary costs to repair or replace the damaged property.
i. The Claims Administrator shall have the authority to verify the Eligible Claimant’s estimate of repair and replacement costs, and to undertake an investigation to determine the reasonableness of the costs to repair or replace the damaged property, including obtaining an independent estimate.
ii. In no event is an Eligible Claimant entitled to receive pursuant to this Section 3 damages for intrusion of oil, dispersants or other substances onto the Eligible Claimant’s Eligible Parcel(s). Compensation for claims of intrusion of oil, dispersants or other substances on an Eligible Parcel are addressed in Section 2. B above.
A. Nothing in this Compensation Framework for Coastal Real Property Claims shall
alter, expand, or reduce BP’s obligations for cleanup, removal, spill response and
remediation of real property under applicable federal, state, or local laws, regulations, orders, or agreements. Eligible Claimant shall acknowledge that any right to require any cleanup or remediation of the parcel shall not lie with the claimant, but solely with governmental authorities, and that the need for any cleanup or remediation, and the standards by which the need for or sufficiency of such remediation is decided, shall be determined by governmental regulators of the executive department in accordance with properly promulgated law, rules, regulations, orders or agreements. Such governmental regulators alone shall make such determinations, and the Eligible Claimant shall not employ regulatory proceedings as a means to seek the redress of claims, which are extinguished pursuant to this Settlement Agreement. It is expressly agreed that this acknowledgement of continued potential responsibility for governmental compliance on the part of the BP (and all other parties released) shall not grant the claimant any personal jurisdiction recourse with respect to the regulatory obligations of the released parties. In the event proceedings, formal or informal, occur before governmental authorities, the claimant agrees to cooperate fully with the released parties in addressing questions or concerns presented by such proceedings; the Eligible Claimant shall provide full and free access to the Eligible Parcel in connection therewith, and shall further cooperate with the released parties in undertaking and proposing by the released parties such remediation that the released parties deem most appropriate, desirable, and/or cost-effective in meeting regulatory requirements, irrespective of any personal claims, preferences, rights of use or similar considerations of the Eligible Claimant, it being understood that such personal claims and considerations fall within the scope of the claims released by the Eligible Claimant.
Compensation Framework for Coastal Real Property Claims Appendix A Coastal Real Property Claim Zone Map
The following criteria were used to establish the Coastal Real Property Claim Zone.
ABRASIVE, ASBESTOS, AND MISCELLANEO ACREAGE NOT AGRICULTURAL AGRICULTURAL AIRPORTS, BUS TERMINALS, MARINE TERMINALS, PIERS, MARINAS AIRPORTS, TERMINALS, MARINAS AMUSEMENT-OTHER APARTMENT (LOW RISE SINGLE BLDG) APARTMENTS, DUPLEX AUTO SALES, REPAIR, RENTAL, ETC. BANK/FINANCIAL INSTITUTION BARS AND TAVERNS BOAT DOCKS, MARINAS, AND CAMPING AREA BOAT HOUSE BOWLING ALLEYS/SKATING RINKS BUSINESS SERVICES CAMPS CANNING AND PRESERVING OF FRUITS, V CASINOS CHURCHES CLUBS, LODGES, UNION HALLS CLUBS/LODGES/UNION HALLS, ETC. COMMERCIAL COMMERCIAL PARKING COMMERICAL FORESTRY PRODUCTION COMMON AREAS COMMUNITY SHOPPING CENTERS CONCRETE, GYPSUM, AND PLASTER PRODU CONDOMINIA CONDOMINIUM CONDOMINIUM RES.(HIGH RISE) CONDOMINIUM RES.(LOW RISE) CONDOMINIUM, MASTER CARD CROPLAND (GOOD A1) CULTURAL/ENTERTAIN/REC.-OTHER DUPLEX RESIDENCE ENCLOSED THEATRES/AUDITORIUMS FARMS(GENERAL) FINANCIAL INSTITUTIONS FISHING ACTIVITIES AND RELATED SERV
FOOD AND KINDRED PRODUCTS - MANUFAC GENERAL MERCHANDISE GOLF COURSES, DRIVING RANGES HARDWARE,PLUMBING,HEATING EQUIP,AND HIWAY AND STREET RIGHT OF WAY HOTELS, MOTELS HOTELS/MOTELS HOTELS-RESIDENTIAL HOUSEHOLD UNITS. (VAC) HUNTING AND FISHING CLUBS ISLAND LAKES AND PONDS LEASEHOLD INTERESTS MACHINERY,EQUIPMENT AND SUPPLIES-WH MANUFACTURING HOMES MARINAS MARINE REPAIR DOCKS MASTER CARD MEATS AND FISH MARKETS-RETAIL MINITURE GOLF MISCELLANEOUS RESIDENTIAL MIXED USE MOBILE HOME PARKS MOBILE HOME PARKS OR COURT MOBILE HOMES MOBILE HOMES (SINGLE TRAILER) MOTELS MOTELS, TOURIST COURTS, ETC. MULTI-FAMILY MULTI-FAMILY (10 UNITS OR MORE) MULTI-FAMILY (UNDER 10 UNITS) MULTI-FAMILY 1O UNITS OR MORE MULTI-FAMILY LESS THAN 10 UNITS MULTI-USE AND MILTI-STORY BUILDING NIGHTCLUBS, LOUNGES, BARS NON AGRICULTURAL ACREAGE NURSING HOMES OFFICE (LOW RISE) OFFICE BUILDINGS OFFICE BUILDINGS - MULTI STORY OFFICE BUILDINGS - ONE STORY OFFICES-GENERAL ONE FAMILY UNIT