NEW Non-Tort Settlement/Judgment Payment Authorization Form
Updated: Feb 10, 2020
The Office of the Comptroller (CTR) has revised the Non-Tort Settlement/Judgment Payment Authorization Form, and is issuing the new form today for immediate use. The updated form can be found at MAComptroller.org/settlements-and-judgments.
This form should be used for all requests for payment of settlements or judgments from the Settlements and Judgments Account established by Item 1599-3384 of Section 2 of Chapter 41 of the Acts of 2019.*
A settlement or judgment results from a formal claim (grievance, complaint, or lawsuit) against the Commonwealth that is resolved through either a settlement agreement or a court or administrative award, order, or judgment. Departments should also use this form when paying settlements and judgments from their own legally available funds, to ensure appropriate tax withholding and reporting by CTR.
Revisions to the Non-Tort Settlement/Judgment Payment Authorization Form were prompted by language added to the Settlements and Judgments Account line item in 2019. In particular, the law now requires for payments from this account:
Approval by the Attorney General’s Office (AGO) for payment of all attorneys’ fees to outside counsel;
Approval by the AGO and Secretary of Administration and Finance (ANF) for payment of attorneys’ fees over $250,000;
Approval by AGO of all non-executive branch settlements; and
Approval by the AGO and ANF of all non-executive branch settlements over $250,000.
All Commonwealth departments must receive approval for outside attorneys’ fees when the department or an employee of a department is sued for actions undertaken within that individual’s scope of employment. CTR will not pay attorneys’ fees from the Settlements and Judgments account without approval by the AGO. Accordingly, we recommend that departments contact the AGO before hiring outside counsel.
In addition, departments should track their invoices for outside council fees, because once the cumulative amount reaches $250,000, approval must be obtained in writing from ANF. CTR will not pay claims for these fees without approval from ANF.
Finally, all departments that are not within an executive office identified M.G.L. c, 6A, § 2 must obtain written approval from the AGO before CTR will pay a settlement of litigation. In addition, those departments must also obtain written approval from ANF before settling any litigation for more $250,000.
Additional signature lines have been added to the Non-Tort Settlement/Judgment Payment Authorization Form to accommodate these required approvals. Users may also notice stylistic changes to the form and the removal of language that duplicated CTR’s Settlements and Judgments Policy. Please note that CFOs and agency counsel are still required to certify on the form that they have reviewed and are in compliance with the requirements of the Settlements and Judgments policy.
Questions about the Non-Tort Settlement/Judgment Payment Authorization Form should be directed to the CTR Solution Desk at Comptroller.firstname.lastname@example.org or at 617-973-2468.
*Please note that costs incurred as a result of tort claims (i.e. claims for damages or loss of property, personal injury or death caused by the negligence, wrongful act or omission of a state or special employee (s) acting within the scope of their authority) should not be submitted using this form. Agencies can submit these claims for payment from the Liability Management and Reduction Fund (LMRF), established by M.G.L. c. 29, § 2TT, using the LMRF Payment Request portal.