Nominees

Brokers, banks, or other nominees may have received the Notice packet.

If you are a broker, bank, or other nominee who performed trades for the beneficial interest of a person or entity other than yourself who meets the Settlement Class definition set forth below, WITHIN TWENTY-FIVE (25) CALENDAR DAYS OF YOUR RECEIPT OF THE NOTICE PACKET, you must either:

  1. Provide the Claims Administrator, Epiq Systems, with a list of the names and last known addresses of all such beneficial owners described below for the Claims Administrator to mail the Notice Packet to such beneficial owners; OR
  2. Request from the Claims Administrator sufficient copies of the Notice Packet to forward to all such beneficial owners and, within seven (7) calendar days of receipt of those copies, forward the Notice Packet to all such beneficial owners.

The Settlement Class consists of all persons or entities (together, “Persons”) who, from January 1, 2006 through January 31, 2014, entered into, received or made payments on, settled, terminated, transacted in, or held an ISDAfix Instrument.

“ISDAfix Instrument” means (i) any and all interest rate derivatives, including but not limited to any swaps, swap spreads, swap futures, variance swaps, volatility swaps, range accrual swaps, constant maturity swaps, constant maturity swap options, digital options, cash-settled swaptions, physically-settled swaptions, swapnote futures, cash-settled swap futures, steepeners, flatteners, inverse floaters, snowballs, and digital and callable range accrual notes, where denominated in USD or related to USD interest rates, and (ii) any financial instruments, products, or transactions related in any way to any ISDAfix Benchmark Rates, including but not limited to any instruments, products, or transactions that reference ISDAfix Benchmark Rates and any instruments, products, or transactions relevant to the determination or calculation of ISDAfix Benchmark Rates.

If you are providing a list of names and addresses to the Claims Administrator, for the Claims Administrator to mail the Notice Packet to such beneficial owners, please do the following:

  1. Compile a list of names and addresses of the beneficial owners that entered into, received or made payments on, settled, terminated, transacted in, or held an eligible ISDAfix Instrument during the Class Period.
  2. Prepare the list in Microsoft Excel format. A preformatted spreadsheet can be found by clicking here.
  3. Then you must do one of the following:

    1. Upload the spreadsheet here;
    2. Email the list to the Claims Administrator at info@ISDAfixAntitrustSettlement.com; OR
    3. Burn the Microsoft Excel file(s) to a CD or DVD and mail the CD or DVD to Epiq Systems, Inc., the Claims Administrator, at the following address:

      Alaska Electrical Pension Fund vs. Bank of America, N.A.
      c/o Epiq Systems, Inc.
      P.O. Box 3775
      Portland, OR 97208-3775
      U.S.A.

If you are mailing the Notice Packet to beneficial owners:

Request the needed number of copies of the Notice Packet via email to info@ISDAfixAntitrustSettlement.com. You must mail the Notice Packets to the beneficial owners within seven (7) calendar days of your receipt of the Notice Packets.

NOTE: If you elect this option, YOU MUST RETAIN THESE NAME AND ADDRESS RECORDS for use in connection with future mailings that may occur in the action.

If you have any questions, you may contact the Claims Administrator at 1-844-789-6862 (U.S.) or +1-503-597-5526 (Int.), or by email at info@ISDAfixAntitrustSettlement.com.


If you are filing electronic claims on behalf of beneficial owners:

Claim Forms for the Proposed Settlement must be submitted by December 23, 2018. The deadline to submit a Claim Form in connection with the Approved Settlements was July 16, 2018.

Class Counsel may exercise their discretion to accept late claims in connection with the Approved Settlements when, without limitation: (a) the Settlement Class Member is a member of, and did not opt of, the Settlement Class associated with the Approved Settlements; and (b) a valid Claim Form is received by October 13, 2018.

Trustees, executors, administrators, custodians, or other nominees completing and signing the Claim Form on behalf of the claimant must also submit the following:

  1. A description of the capacity in which they are acting (which must be accompanied by supporting documentation);
  2. The name, account number, last four digits of the Social Security number, employer identification number, or taxpayer identification number (or for non-U.S. claimants, a comparable government-issued national identification number), address, and telephone number of the person or entity on whose behalf they are acting; and
  3. Evidence of their authority to bind the person or entity on whose behalf they are acting. Authority to complete and sign a Claim Form cannot be established by brokers demonstrating that they only have discretionary authority to trade in another person’s accounts.

You will be required to submit transaction data to show your eligible transactions in ISDAfix Instruments. Please click here to download a properly formatted spreadsheet for submitting your transactions.

Please submit the Claim Form, the properly formatted spreadsheet for submitting the transactions, and any required documentation online here.

If you are unable to submit the Claim Form and required data electronically, please contact the Claims Administrator at 1-844-789-6862 (U.S.), +1-503-597-5526 (Int.) and request to speak to a representative for further instructions. You may also email the Claims Administrator at info@ISDAfixAntitrustSettlement.com.


Important Dates

  • January 1, 2006 through January 31, 2014
    Settlement Class Period
  • July 16, 2018
    Deadline in Approved Settlements to Submit a Claim Form and Required Data
  • September 28, 2018
    Deadline in Proposed Settlement for Motion in Support of Final Approval and Fee/Expense Application
  • October 13, 2018
    Deadline in Proposed Settlement to Postmark a Request for Exclusion
  • October 13, 2018
    Deadline in Proposed Settlement for a Comment or an Objection to be Filed with the Court
  • October 23, 2018
    Deadline in Proposed Settlement for Reply Papers in Support of Final Approval and Fee/Expense Application
  • November 8, 2018 at 3:30 p.m. EST
    Fairness Hearing for the Proposed Settlement
  • December 23, 2018
    Deadline in Proposed Settlement to Submit a Claim Form and Required Data