Alaska Electrical Pension Fund v. Bank of America, N.A., Lead Case No.: 14-cv-7126 (JMF)
Trustees, executors, administrators, custodians, or other nominees completing and signing a Proof of Claim and Release Form (“Claim Form”) on behalf of the claimant must submit additional information and should submit the Claim Form electronically here.
1. If you entered into, received or made payments on, settled, terminated, transacted in, or held an ISDAfix Instrument during the Settlement Class Period, from January 1, 2006 through January 31, 2014, you may be eligible to receive a payment from settlements reached in Alaska Electrical Pension Fund vs. Bank of America, No. 14-cv-7126 (JMF) (S.D.N.Y.) as a member of the Settlement Class.
2. “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, interest rate-linked structured notes, 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 USD 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. The capitalized terms not defined in the Claim Form have the same meaning as defined in the Settlement Agreements, which can be accessed here.
3. It is important that you read the Notice of an Additional Proposed Settlement of Class Action (the “Notice”) that accompanies the Claim Form. The Notice is available here and the Claim Form is available here. By signing and submitting the Claim Form, you will be certifying that you have read the Notice, including the terms of the releases described in the Notice and provided for in the Settlement Agreements. To be eligible to receive a payment from the Proposed Settlement, you must submit a Claim Form along with the required data described below. To be considered timely, your Claim Form must be submitted to the Claims Administrator by 11:59 p.m. Eastern Time on 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 out of, the Settlement Class associated with the Approved Settlements; and (b) a valid Claim Form is received by October 13, 2018.
4. You are required to submit transaction data to show your eligible transactions in ISDAfix Instruments. The data submission requirements are described below. You should submit a Claim Form electronically here. Please only start your online submission if you have the required transaction data described below to show your eligible transactions in ISDAfix Instruments. 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.
5. You may be required to submit documentation of the transaction data in eligible ISDAfix Instruments that you submit with your Claim Form electronically, which is described below, but only if you are contacted and instructed to do so by the Claims Administrator after you have submitted the Claim Form and required data.
6. Your payment amount will be determined pursuant to the Plan of Distribution that the Court approves based on the Claims Administrator’s review of the transaction data and documentation you submit. Submission of a Claim Form does not guarantee that you will receive a payment from the settlements. For more information about the Plan of Distribution regarding the Approved Settlements, please click here and for information about the Plan of Distribution regarding the Proposed Settlement, please click here.
7. Separate Claim Forms should be submitted for each separate legal entity. Conversely, a single Claim Form should be submitted on behalf of one legal entity.
8. By signing the Claim Form, you will be consenting to the disclosure of, and waiving any protections provided by, any applicable bank secrecy, data privacy law, or any similar confidentiality protections with respect to information relating to your trades in ISDAfix Instruments from January 1, 2006 through January 31, 2014 for use in the claims administration process.
9. If you have questions concerning the Claim Form or need additional copies of the Claim Form or the Notice, you may contact the Claims Administrator at 1-844-789-6862 (U.S.), +1-503-597-5526 (Int.). You may also email the Claims Administrator at info@ISDAfixAntitrustSettlement.com.
You will be required to submit transaction data to show your eligible transactions in ISDAfix Instruments. Claimants should submit all their transactions in ISDAfix Instruments, including transactions they entered into, received or made payments on, settled, terminated, transacted in, or held during the Settlement Class Period. Please click here to download a properly formatted spreadsheet for submitting your transactions.
Please submit your Claim Form and the properly formatted spreadsheet for submitting your transactions 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 to the Claims Administrator at info@ISDAfixAntitrustSettlement.com.