Frequently Asked Questions

About The Notice

1. Why did I get a Notice?

You received the notice because the Court ordered that Notice be provided to potential class members to inform them about the settlement of a class action lawsuit. You may be a member of the group of people affected, called the "class." The notice summarizes the terms of the settlement agreement, explains what rights and options class members have, and helps class members make decisions about what action to take.

2. What is a Class Action?

A class action is a lawsuit in which the claims and rights of many people are decided in a single court case. A class representative, such as the Plaintiffs here, files a lawsuit asserting claims on behalf of the entire class, and certain claims on behalf of subsets of the class, known as subclasses.

Learning About The Lawsuit

3. How do I know if I am part of the class and this settlement?

The Court has certified a Class, and several Subclasses, which are summarized below (the full definition is in the Court's Order):

The Class includes the following persons:
All current and former employees of the City who took a leave or absence from their employment with the City to engage in qualified military service anytime from October 10, 2004 until June 18, 2025. Those dates are the "Class Period."

Counts XIII and XIV of the Complaint are certified on behalf of the Long-Term Leave Subclass, which includes the following persons:
All members of the Class who took a leave or an absence for a period of more than 30 days to engage in qualified active-duty military service pursuant to the Annual Salary Ordinance anytime during the Class Period.

The Pension Subclass includes the following persons:
All members of the Class who (a) took a leave or an absence from employment with the City to engage in qualified military service while they were SFERS members; and (b) requested reemployment with the City after their military leave.

The Pension Interest Subclass includes the following persons:
All members of the Pension Subclass who purchased service credit for a period of military service.

The Pension Pickup Subclass includes the following persons:
All members of the Pension Class who, under the Memorandum of Understanding with their union and the City that applied during the period of military leave, were entitled to have the City "pick-up" all or part of the employee contribution to the San Francisco Retirement System Pension Plan on behalf of the employee.

A person must be a member of the Class to be part of one of the Subclasses. A person can be a member of the Class, but not a member of a Subclass. A person could be a member of the Class and a member of one or more Subclasses.

If you are unsure of whether you are part of this settlement, contact the Settlement Administrator at (888) 369-3780.

4. What is this lawsuit about?

This is a class action alleging that the City and County of San Francisco violated USERRA, the California Military and Veterans' Code, and the San Francisco Annual Salary Ordinances.

The lawsuit claims that the City (1) violated USERRA by requiring employees to obtain approval from the City to take military leave; (2) violated USERRA by failing to provide accrued sick leave and paid time off to employees on military leave; (3) violated California Military & Veterans Code by failing to pay for travel time to and from military leave; (4) violated USERRA by failing to provide proper pension credit when employees took military leave; (5) violated USERRA by charging interest on pension buybacks when employees took military leave; (6) violated USERRA by failing to promptly reemploy employees returning from military leave; (7) violated USERRA by failing to reemploy employees who took military leave in the proper position; (8) violated USERRA by failing to provide proper pension credit; and (9) failed to provide pay for military leave when required by California law or City ordinance.

In addition to the claims on behalf of the Class, Plaintiffs Anderson and Sweeney also each alleged individual claims against the City for violations of USERRA that were specific to their individual circumstances.

5. Who Are the Class Representatives?

There are two Plaintiffs, both of whom are representatives of the Class (i.e. Class Representatives).

Plaintiff Devon Anderson is a current employee of the City. Plaintiff Beverley Sweeney is a former employee of the City who has alleged that the City wrongfully terminated her and failed to properly re-employ her after taking military leave. Both Mr. Anderson and Ms. Sweeney were servicemembers who have taken military leave during their employment with the City.

Mr. Anderson and Ms. Sweeney are also the Class Representatives for the Pension Subclass, the Pension Interest Subclass and the Long-Term Leave Subclass.

Ms. Sweeney is the Class Representative for the Pension Pickup Subclass.

Learning About The Settlement

6. Why is there a settlement in this lawsuit?

In 2024, the parties reached an agreement to resolve the lawsuit subject to approval by the Court. Both sides want to avoid the risk, expense, uncertainty and delay of further litigation.

The settlement is on behalf of the workers who brought the case and the members of the Class and the Subclasses. The Court has not decided this case in favor of either side.

Plaintiffs Anderson and Sweeney also reached agreements to settle their individual claims (the settlements of which are contingent on the Court granting final approval of the class claims).

7. What does the settlement provide?

The City and County of San Francisco has agreed to make payments, provide certain benefits to the Class Members, and to also make certain changes to its practices in the future.

1. Changes to Administration of Military Leave & Benefits

   The City has agreed to update its guidance to various City Departments about how to administer military leave and benefits including agreeing not to place any employee on AWOL (or similar status indicating that the employee is on an unauthorized leave) if the employee does not provide written notice of military leave. The City will also provide monetary relief to Class Members who show that they were harmed by the City placing them on AWOL or similar status.

2. Credits & Payments for Accrued Sick Leave & Vacation

   The City has agreed to credit Class Members for sick leave and vacation accrued while on military leave during the Class Period and provide (a) payments to current employees for vacation that exceeds the accrual cap, (b) payments to former employees for vacation they would have received, and (c) payment for those current or former employees who took unpaid sick leave.

3. Payment for Travel Time for Military Leave

   The City has agreed to provide Class Members with 8 hours of wages for each period of military leave you took during the Class Period (based on your wages as of the end of the Class Period or on your last day of employment if you are no longer employed with the City).

4. Purchase of Pension Service Credit for Military Leave

   The City has agreed to allow Class Members to purchase pension service credit (without interest) for all periods of military leave during the Class Period. You have 12 months from the date of the Class Notice or 5 years after the end of the military leave for which you want to purchase credit, whichever is later.

5. An Expedited Process About Delay in Reemployment

   You can file an expedited claim that you experienced a delay in reemployment after you took military leave during the Class Period. If you file such a claim, the Settlement provides that you will be entitled to a rebuttable presumption that you were not promptly reemployed if:

• The military leave was 30 days or fewer and you were not reemployed on the next regular scheduled workday;

• The military leave was between 31 and 180 days and you were not reemployed 7 days after you requested reemployment; or

• The military leave was more than 180 days and you were not reemployed 14 days after you requested reemployment.

6. Expedited Process About Post-Reemployment Position

   You can file an expedited claim that you were not reemployed in the proper position following military leave.

7. Provision of Pension Service Credit During Military Leave

   The City will credit Class Members with pension service credit for unpaid or underpaid periods of military leave, where a previous Memorandum of Understanding ("MOU") required the City to pay for all or some of the employee contributions if they did not purchase service credit for that period. A list of those MOUs is available here. That should be reflected on your Accounting Form, but if it is not and you believe you are covered, you should submit a claim with the Settlement Administrator.

8. Pay for Certain Periods of Military Leave

   The City has agreed to provide full pay for periods of unpaid military leave you took during the Class Period so long as you were employed with the City for one year before the period of military leave and the number of fully paid military leave days does not exceed 30 days.

Further Explanation About the Claims Process
For Class Members who have been identified by the City, the amount of the proposed payment or benefits is shown in the enclosed Accounting Form. If you believe you are a member of the Class, but did not receive an Accounting Form, you should submit a Claim. If you received an Accounting Form but believe you are entitled to more or additional benefits, you should submit a claim.

The amounts that have been calculated in your Accounting Form are an estimate of the amount of your payments or benefits. If you disagree with these amounts or have claims that are not reflected on the Accounting Form, you can submit a claim which will be decided by an independent Claims Adjudicator appointed by the Court and any appeals will be decided by an independent Appeals Adjudicator appointed by the Court. Please see information elsewhere about deadlines.

Class Counsel may be able to assist with your claims.

The City agreed to pay the cost of administering this settlement including the costs of the Settlement Administrator, the Claims Adjudicator and the Appeals Adjudicator.

Class Members will "release" their claims that result in a settlement payment or if they submit claims in the expedited claims process. A release means they cannot sue the City for those same issues. Claims for which you do not receive payment or do not submit to the expedited claims process will NOT be released in this settlement. The full terms of the release can be found on the Important Documents page.

In addition to the amounts provided to the Class, the City has agreed to pay the fees and expenses to Class Counsel (explained below) and also $15,000 each to the workers who brought this lawsuit, Devon Anderson and Beverly Sweeney, to compensate them for their time and work on the case.

8. What are my options under the settlement?

Read the notice to understand the settlement and to determine if you are a class member. Then, decide if you want to:

You can object and also submit a claim and seek pension credit. You can also submit a claim and seek pension credit. However, if you opt out, you cannot seek pension credit or submit a claim. Read below to understand the specifics of the settlement and what each choice would mean for you.

9. What are the most important dates?

Deadline to object or opt out: November 3, 2025
Settlement approval hearing: December 11, 2025 at 1:00 P.M.
Deadline to submit Settlement Claim Form to submit claim or challenge amounts: December 8, 2025
Deadline to submit Application to Purchase pension credit: September 4, 2026 or 5 years after the end of your military leave, whichever is later.

10. What happens next in this lawsuit?

The Court will hold a Fairness Hearing to decide whether to approve the settlement. The hearing will be held at:

Where: 1301 Clay St., Oakland CA 94612
When: 1:00 P.M. on December 11, 2025

The Court has directed Class Counsel to send you the notice about the settlement. Because the settlement of a class action decides the rights of all members of the Class, the Court must approve the settlement before it can take effect. Payments and other benefits provided in the settlement will only be provided if the Court approves the settlement (and any appeals of the settlement are resolved).

You do not have to attend the Fairness Hearing, but you may at your own expense. If the Court does not approve the settlement or the parties decide to end it based on certain conditions not occurring, the settlement will be void and the lawsuit will continue. The date of the hearing may change without further notice to members of the class. To learn more and confirm the hearing date check this website.

11. How much will my payments or benefits be?

The amount of the payment and benefits that will be provided to you even if you do not submit a Settlement Claim Form are shown on the Accounting Form enclosed with the Notice. If you submit a Settlement Claim Form that either challenges those amounts or seeks payment for other claims under the settlement, your payment will be the amount decided by the Claims Adjudicator and/or the Appeals Adjudicator (if you or the City appeal the Claims Adjudicator's decision).

If the Accounting Form does not show a payment or an adjustment to your benefits for certain claims, you may either submit a Settlement Claim Form or elect to file a separate lawsuit for those claims. You must submit a Settlement Claim Form to receive a payment in this settlement for those claims.

For certain claims -- delay in re-employment, failure to reemploy at the proper position, or pay under the MVC or supplemental pay under the ASO -- you may either submit a Settlement Claim Form or elect to file a separate lawsuit for those claims. You must submit the Settlement Claim Form to receive any payment for those claims in this settlement.

To purchase pension credit, you must submit an Application to Purchase Military Service Credit to receive benefits under this Settlement.

If you do not receive money for a particular claim and do not submit a claim through the expedited claims process in this settlement, you are still able to file your own separate lawsuit for that claim.

Deciding What You Want To Do

12. What is the effect of my options

You can submit a Settlement Claim Form, an Application to Purchase Pension Credit, you can object to the settlement, you can opt out of the Class or some Subclasses, or you can do nothing. This chart shows the effects of each option:

Submitting A Claim

13. How do I submit a claim?

You May Submit A Claim or Challenge (using the Settlement Claim Form) if You Disagree with the Amount on the Accounting Form (or you did not receive an Accounting Form)

For the following claims, you may submit a claim to challenge the amount shown in the Accounting Form but only if you disagree with the amount shown in the Accounting Form:

1. Accrual of Sick or Vacation Benefits
2. Travel Time
3. Adjustment to Pension Service Credit or Credit for Interest
4. Payment under the MVC for military leave

You MUST submit a Settlement Claim Form to Receive Certain Benefits Under this Settlement

For the following claims, you must submit a claim to be entitled to any monetary relief under this settlement:

1. You were placed on AWOL or similar status while on military leave from the City and want to make a claim for monetary relief;
2. You were denied military leave for failure to provide orders or documentation to the City;
3. You experienced a delay in reemployment following military leave;
4. You did not receive a step increase, cost of living increase, or other pay or benefits that you would have received had you not taken military leave.

To make a claim, you must submit a completed Settlement Claim Form to the Settlements Administrator by no later than December 8, 2025. You should also include supporting documentation. A Settlement Claim Form is enclosed with the notice. You can also download a claim form here and mail to the Settlement Administrator (address below).

You MUST submit an Application to Purchase Military Service Credit to Receive Those Benefits Under this Settlement

To make a purchase pension credit for military leave, you must submit a completed Application to Purchase Military Service to the Settlement Administrator by no later than September 4, 2026 or five years after the period of military leave, whichever is later. You should also include supporting documentation. The Application is enclosed with the notice. You can also download the Application at here and mail to the Settlement Administrator (address below).

14. What is the process for deciding claim?

Once your Settlement Claim Form is received, the City has 90 days to decide whether to challenge your claim. If the City does not challenge your claim, you will be paid based on the amount you submitted.

If the City challenges your claim, you may submit information relevant to your claim (including your personnel file). You will then be provided an opportunity to submit additional information in support of your claim.

The City will then have an opportunity to reply to your submission.

Either you or the City can request a hearing (which can be conducted by video or telephone) and you can also submit additional explanation (up to 5 pages) in support of your claim at least 7 days before the hearing date set by the Claims Adjudicator.

Within 45 days of the hearing (or if there is no hearing request, after the City submits its reply), the Claims Adjudicator will issue a written decision on your claim.

Either you or the City can appeal the Claims Adjudicator's decision so long as you do so in writing within 21 days of the Claims Adjudicator's decision. Any appeal is limited to 5 double-spaced pages and must explain errors in the Claims Adjudicator's decision (but cannot present new evidence). The other party may choose to submit a response also limited to 5 double-spaced pages. Either party can request a hearing. The Appeal Adjudicator will issue a decision within 30 days of the hearing or of the appeal, whichever is later.

The Appeal Decision will be final and non-appealable.

If you have a question about this process, you can contact the Settlement Administrator and Class Counsel may also be able to assist with your claim.

15. Do I have a lawyer in this lawsuit?

In a class action, the court appoints the lawyers to work on the case and represent the interests of all class members. For this settlement, the Court has appointed the following persons as Class Counsel:

These are the lawyers who negotiated the settlement on behalf of the Class.

If you want to be represented by your own lawyer, you may hire one at your own expense.

16. What will Class Counsel be paid in this lawsuit?

In addition to amounts that the City has agreed to pay to the Class, the City has agreed to pay attorneys' fees and costs to Class Counsel. You will not have to pay the lawyers directly. The amounts paid to the lawyers will not reduce the amount paid to the Class.

To date, Class Counsel have not been paid anything for their work or the expenses that they paid to bring this case. To pay for some of their time and risk in bringing this case, Class Counsel will request, as part of the final approval of this Settlement, that the Court approve a payment of up to $608,940.00 total in attorneys' fees for the Class Claims through May 28, 2024 plus reimbursement of out-of-pocket expenses through May 28, 2024 which amounts the City has agreed to pay. In addition, under the settlement, Class Counsel is entitled to seek additional fees and expenses for work performed and expenses incurred after May 28, 2025. Class Counsel has spent more than 2,000 hours in this litigation on the Class Claims, with a total value of more than $1.3 million. Since May 29, 2024, Class Counsel has spent more than 450 hours on the Class Claims, with a value of more than $440,000 and will continue to spend time on the Class Claims.

The fees and expenses paid to Class Counsel will be an amount that the Court decides is fair and reasonable. You have the right to object to these fees and expenses even if you think the settlement terms are fair.

Class Counsel will also ask the Court to approve a payment of $15,000 each to the Class Representatives for the significant time and effort they contributed to the case. If approved by the Court, the Service Awards will be separately paid by the City and will not reduce the amount that the Class receives in this Settlement.

Opting Out

17. What if I don't want to be part of this settlement?

You can choose to exclude yourself (opt out) from the Class or only some of the Subclasses.

If you choose to opt out of the Class, you will not receive any benefits from this Settlement. If you want to be part of the Class, you can still choose to opt out of the following Subclasses:

• The Long-Term Leave Subclass
• The Pension Pickup Subclass

To opt out of the Class or one of the above Subclasses, you must mail a written, signed statement that you are opting out of the class action to the Notice Administrator at:

San Francisco USERRA Lawsuit
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799

The opt-out statement should (1) contain your name, address, email(s), and telephone number(s); (2) contain the title of the lawsuit, Anderson, et al. v. The City and County of San Francisco, et al., (3) include a written statement stating one of the following: "I want to be excluded from the Class," and/or "I want to be excluded from the Long-Term Leave Subclass and/or "I want to be excluded from the Pension Pickup Subclass" and (4) be signed and dated.

To be effective, this opt-out statement must be mailed to the Notice Administrator, and must be postmarked on or before November 3, 2025.

Please note that if you submit a timely and valid request for exclusion from the Class, you will receive no benefits under this lawsuit and will no longer be represented by Class Counsel. If you submit a timely and valid request for exclusion from one of the Subclasses, you will receive no benefits provided to that Subclass.

Objecting

18. What if I disagree with the settlement

If you disagree with any part of the settlement (including fees and expenses or the proposed service award), you may object. You must give reasons why you think the Court should not approve the settlement. So long as you submit a timely objection, the Court will consider your views. The Court can only approve or deny the settlement — it cannot change the terms of the settlement. You may, but don't need to, hire your own lawyer to help you. If you object, rather than opt out, you will still be bound by the settlement. If you opt out of the Class, you cannot also object.

To object, you must send a letter to the Court that:

• is postmarked by November 3, 2025;
• includes the case name and number (Anderson v. City and County of San Francisco, No. 20-cv-1149)
• includes your full name, address and telephone number, and email address (if you have one);
• states the reasons for your objection;
• says whether either you or your lawyer intend to appear at the final approval hearing and your lawyer's name;
• your signature

Mail the letter to:

U.S. District Court
Ronald V. Dellums Federal Building
1301 Clay Street
Oakland CA 94612

Do Nothing

19. What are the consequences of doing nothing?

If you do nothing, the City will send you payment and/or make adjustments to your benefits only as reflected in the Accounting Form enclosed with the Notice. For any claim for which you receive a payment, you will be bound by the settlement and its "release" provisions. That means you won't be able to start, continue, or be part of any other lawsuit against the City for those claims. Please see the settlement agreement, which can be found at here for a full description of the claims and persons who will be released if this settlement is approved.

Key Resources

20. How do I get more information?

The notice is a summary of the proposed settlement. To get a copy of the settlement agreement or get answers to your questions:

• First, visit the Important Document page on this website
• If you still have questions about settlement procedures, forms & administration of the Settlement, or the information about you, contact the Settlement Administrator.
• If the Settlement Administrator cannot answer your questions, contact Class Counsel with questions about the lawsuit or settlement.

You can access the Court Electronic Records (PACER) system online or by visiting the Clerk's office of the Court at 1301 Clay St., Oakland CA 94612 (DO NOT CALL THE COURT)

Please remember that there are many Class Members so it will take time to process this Settlement. Your patience is appreciated.

If you need to provide updated address information, please complete the Update Contact Information form then email it to the Settlement Administrator at the following email address: info@sfuserrasettlement.com or send to the Settlement Administrator's mailing address above.