For the most recent distribution data concerning Slave Labor Class II, please click
here.
Under the terms of the Settlement Agreement, Slave Labor Class II consists of
those claimants who performed slave labor for Swiss entities, defined as “any
facility or work site, wherever located, actually or allegedly owned, controlled,
or operated by any corporation or other business concern headquartered,
organized or based in Switzerland or any affiliate thereof...”
Slave Labor
Class II is the one class not limited to the five “Victim or Target” groups.
As a condition to approval of the Settlement Agreement, the Court accepted
the Special Master’s recommendation that Swiss entities who used slave labor
must self-identify. Failure to self-identify would result in a denial of a release.
The Court explained the rationale for this requirement in its July 26, 2000
opinion approving the settlement as fair: “When this class was included in the
Settlement Agreement, the defendant banks represented that Slave Labor Class II
consists of an extremely small number of persons who may have performed slave
labor directly for an extremely small number of Swiss companies during World
War II. Since then, they have backed off of this representation.” The resulting
problem was that “the Slave Labor Class II releasees consisted almost entirely
of affiliates or subsidiaries of Swiss entities that were incorporated in Germany
and elsewhere.” Class members -- “those who were forced to perform slave
labor for a Swiss company in German or elsewhere”-- had “no reason to know
at the time that the company was Swiss” and “may not be aware that they are in
the class” even with notice of the settlement. For more information on Slave
Labor Class II, please read Annex I of the
Distribution Plan.
On
April 4, 2001, the Court issued an order listing those
companies that had self-identified to the Special Master and had provided
information concerning their use of slave labor. Following further proceedings,
on October 7, 2003, the District Court approved a stipulation finalizing the Slave
Labor Class II List of Releasees.
The Distribution Plan originally provided for payments of $1,000 (subsequently
increased to $1,450) to former slave laborers or to their heirs if the former slave
laborer died on or after February 16, 1999. For a brief overview of the Court-supervised
IOM program for members of Slave Labor Class II,
please click
here.