Sec. 415. Payments
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/bill/118/s/5168/is/section-415·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (c), only funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this Act. There are authorized to be appropriated for such account such sums as may be necessary to pay such awards and settlements. Except as provided in subsection (c), there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of employing units which are needed to comply with this Act.
Funds to correct violations of section 201(a)(3) may be paid only from funds appropriated to the employing unit or entity responsible for correcting such violations. There are authorized to be appropriated such sums as may be necessary for such funds. Subject to subparagraphs
(B)and (D), if a payment is made from the account described in subsection
(a)for an award or settlement in connection with a claim alleging a violation described in subparagraph
(C)committed personally by an individual who, at the time of committing the violation, was a judge, the individual shall reimburse the account for the amount of the award or settlement for the claim involved. In the case of an award made pursuant to a decision of a Merits Hearing Officer under section 405, or a court in a civil action, subparagraph
(A)shall apply only if the hearing officer or court makes a separate finding that a violation described in subparagraph
(C)occurred which was committed personally by an individual who, at the time of committing the violation, was a judge, and such individual shall reimburse the account for the amount of compensatory damages included in the award as would be available if awarded under section 1977A(b)(3) of the Revised Statutes ( 42 U.S.C. 1981a(b)(3) ) irrespective of the size of the employing unit. In the case of a settlement for a claim described in section 416(d)(3), subparagraph
(A)shall apply only if the conditions specified in section 416(d)(3) for requesting reimbursement are met. A violation described in this subparagraph is— harassment that is unlawful under section 201(a) or 202(a); or intimidation, reprisal, or discrimination that is unlawful under section 203 and is taken against a covered employee because of a claim alleging a violation described in clause (i). If an award or settlement is made for multiple claims, some of which do not require reimbursement under this subsection, the individual described in subparagraph
(A)shall only be required to reimburse for the amount (referred to in this Act as the reimbursable portion ) that is— described in subparagraph (A), subject to subparagraph (B); and included in the portion of the award or settlement attributable to a claim requiring reimbursement. An individual who is subject to a reimbursement requirement of this subsection shall have the unconditional right to intervene in any mediation, hearing, or civil action under this title to protect the interests of the individual in the determination of whether an award or settlement described in paragraph
(1)should be made, and the amount of any such award or settlement, except that nothing in this paragraph may be construed to require the covered employee who filed the claim to be deposed by counsel for the individual in a deposition that is separate from any other deposition taken from the employee in connection with the hearing or civil action.
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