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Jeff Nixon: Whitewash

Jeff Nixon's Letter to NFL Alumni


Dear NFL Alumni:

The battle lines are being drawn. The question is..... which side will
you stand on? The side that seeks fairness and justice, or the side
that does absolutely nothing and lets the NFLPA continue to attack
retired players that are speaking out and trying to help not only
themselves, but other NFL retired players too.

We have been pitted against the active players. Even though it would
have been much better if we had been able to work these issues out
internally with the NFLPA, it doesn't look like that is going to happen.

Do some of you need something to help push you over to the side of
fairness and justice? Maybe this headline will help!

Only about 1% of the NFL's Total Revenues are being spent on Retired
Players, Disabled Players, Widows and Surviving Children?

If you're happy with that fact, then you can stop reading now and go
on your merry way. You can even send a nice email to Gene Upshaw that
he can post on the NFLPA website about how delighted you are with the
benefits you are receiving. Don't even worry about the guys that are
struggling to make ends meet and are living with disabilities and
other problems due to the way they were treated by the NFL because
that might cause you to start feeling guilty about the fact that
you've been sitting on your ass and letting others carry the message
that has helped you receive the very benefit you are now receiving!

What I just said, may sound familiar. A very similar type of message
has been conveyed to the active players for several years. We can
forgive them because they are still young and may not know the history
behind what has happened in the NFL. But for those retired players
that know the deal and still choose to suck up to Gene Upshaw and the
NFLPA and won't do anything to help the "not so fortunate".......well,
you've crossed the picket line, and there's only one word for people
that cross the picket line and I don't have to tell you what it is.
What you are doing is covering up the wounds that went into getting
what some of you are so thankful to have. To be honest, some of us
don't need the Pension and Disability benefits......we're doing just fine
on your own...... but, does that mean you won't fight for the guys that
do? It's called teamwork gentlemen. Some of you have forgotten that
concept.

I know this is a long letter, but please read it to the very end.
There are specific steps you can take that will help the effort.
Please join the team of retired players that are calling for fair
treatment, truth and justice!

Bottom Line: If the NFLPA and the NFL Owners won't help us get what
is really needed for the older generation of players, then there is
one last resort:

The Congress of the United States of America

The Congress of the United States is currently giving the NFL an Anti-
Trust exemption. This allows all NFL teams to share revenues and act
as one BIG MONOPOLY. One of the reasons they are allowed to do this is because the active players sign a Collective Bargaining Agreement,
basically saying "it's ok for the owners to operate this way". You can see why active players would want this type of relationship to continue. To be totally honest, if I was an active player I would probably want it to continue too.

By giving the NFL an Anti-Trust exemption, Congress is definitely in a
position to make strong recommendations regarding how the NFL conducts itself...as we have seen through recent hearings that have been
conducted. They can also pass legislation requiring certain actions if the recommendations are not implemented voluntarily.

Congressman, Arlene Spector recently threatened to initiate
legislation to remove the NFL's Anti-Trust Exemption because of the way it was doing business with Media outlets. In Buffalo, my good
friend Congressman, Brian Higgins proposed Congressional Hearings to determine whether the Player's Collective Bargaining Agreement broke Federal Anti-Trust Laws and whether any new anti-monopoly legislation is needed to curb the League's behavior. Why? Because it was undermining competition among franchises and harming consumers by forcing small market teams to increase ticket prices or move. It's not
a coincidence that the Buffalo Bills are asking the NFL Owners if they
can play a home game in Toronto next year.

Obviously the Congress has the power to remove the NFL's Anti-Trust
exemption. But why would they consider doing it?

· The number one reason: The NFL is a Monopoly and they will not allow
any room for competition. We have seen several professional football
leagues that have tried to compete and eventually go the way of the
dinosaur.

· The number two reason: The NFL has now established their own Network and they are beginning to price the middle-class out of its ability to watch and enjoy games at stadiums and on television.

One of the results of the Congress' NFL Anti-Trust Exemption is that
revenues have gone through the roof !!!!!........ and are headed toward
the outer edges of the universe. Clearly, that last statement is one
that the active and retired players like to hear! More money = better
salaries and benefits. But has the NFLPA done enough for retired
player's Pension and Disability plans with all this new wealth? Most
of you already know the correct answer to that question.

Here are some other reasons Congress may want to look at this issue:

· Congress may not like the way that the CBA is negotiated and
implemented by owners and active players

· Congress may not like the fact that only the active players make
decisions on pensions and benefits for retired players


· Congress may not like the fact that the NFL Owners, who actually
fund the pension, are almost entirely removed from the decision making
process regarding who gets increases and how much they get
Of course, the NFLPA will tell everyone that they negotiate on our
behalf with the Management Council (The Owners Representatives in
Collective Bargaining) with respect to the pension and disability
plans, but the "real truth" is the owners will pretty much agree to
anything the active players put on the table just as long as total
spending doesn't go over the Cap!

Even though Gene Upshaw and the NFLPA say they are negotiating on our behalf, they never fail to remind us of the following:

"Labor law requires the NFLPA and NFL Management Council to bargain in good faith over working conditions, benefits, and compensation affecting the bargaining unit of players. The bargaining unit is composed of professional football players employed, or who are seeking to be employed, by a member club of the NFL. Retired players are not part of the bargaining unit and, therefore, the NFL Management Council is not legally obligated to bargain in good faith over any
improvements in already-earned player pension benefits."


The NFLPA website has the above information under its "Retired Players FAQ (frequently asked questions).


It's interesting to note that in Gene Upshaw's White Paper he told
Congress that "an employee of a corporation like IBM or General Motors
does not expect to get - and does not get - disability benefits if he
or she becomes unable to work decades after leaving the job."

The last time I looked, neither of those companies was getting Anti-
Trust exemptions from the Congress of the United States! Are those
jobs really as dangerous as playing in the NFL? Let's ask Kevin
Everett, Dennis Byrd and Mike Utley.

Although it's like comparing apples to oranges (because of the Anti-
Trust exemption) let's nonetheless, compare Big Corporation employees
to NFL employees.

It is not unusual for most big companies in the United States to have
employees that work for the company for decades. For those companies
that have unions that negotiate pensions and benefits, the officers of
those labor unions are making pension decisions that typically benefit
all employees equally. That's because there are so many members that
are still working. It would be hard for a candidate to get elected by
their union members with the campaign slogan "I'll work to substantially increase pension benefits, but only for the members that just started working here the past 4 years!" Would that union member be elected, or invited to dinner by any of the other union members? No, they would do exactly what Gene Upshaw said he would to the Buffalo Bill's Hall of Fame Guard Joe Delamielleure, "break his damn neck."

Since the average union membership of all NFL players is only 3.5
years, most players are out of the game before they even begin to
understand how the NFLPA operates. Once a retired player leaves the
game, they have no vote! Gene Upshaw has made that point all too clear
to us. We can't even have one "perfunctory" position on the NFLPA
Executive Committee. He has convinced the active players that this
should never happen. God forbid we might influence some of their
thinking about retired players! I remember NFLPA President, Troy
Vincent asking the following question at our 2006 Retired Players
Convention "Why didn't you guys vote to put a retired player on the
Executive Committee when you were playing." I remember Jim McFarland answering him in such a beautiful way by saying "We were too damn busy going on strike trying to get the benefits that you now enjoy!"
Ouch!!

Another reason Congress might want to repeal the NFL's Anti-Trust
exemption:

· Congress may not like the way the Pension, Disability and Benefit
Plans are funded and distributed. What if they think that the playing
field is no longer level and that too much of the money is going to
active players


Although it is true that the funding for the pension plan comes from
owner revenues, it is the current players who determine how much the
owners put into the Plan. The owners, through the CBA, are giving the
NFLPA 60% of total revenues. That money can be used for salaries and
benefits (including pensions and disability), but only the current
players determine if there will be any increases to the pension,
disability and benefit plans. After the decisions are made and the CBA
is signed, the money for the Retirement Plan is turned over to the
Retirement Board to pay for necessary contributions to the Pension
Plan. Those contributions then, in a roundabout way, come from each
NFL team. It should be noted that in the new CBA, under Article XLVIII-
E there is an agreement by owners and the NFLPA to establish, as soon
as administratively feasible, an "NFL Player Benefits Committee". The
committee will be comprised of an equal number of NFLPA and Owner
Rep's who will be responsible for paying the expenses of the Bert Bell/
Pete Rozelle NFL Player Retirement Plan, the NFL Second Career Savings Plan, the NFL Supplemental Disability Plan, the NFL Player Annuity Plan, the 88 Plan, the Health Reimbursement Plan, including
investment, legal, actuarial, consulting, audit, and other expenses
deemed appropriate by this committee. Budgets and expenses will have
to be approved by this committee.

Since the 1993 CBA, the Team Owners have essentially been taken out of the mix when it comes to decisions about the Pension, Disability and
Benefit Plans for retired players. They really have no voice in what
the active players do with money for new and improved pension,
disability and benefit plans. Through the CBA the owners are basically
saying "Here's 60% of revenues......now you (Active Players) figure
out what you want to do with it! If you want higher salaries and
better benefits for yourselves, so be it. If you want to throw a few
crumbs to the retired players, that's ok too! It's your decision."
With the establishment of the NFL Player Benefits Committee, will the
owners now have more say over the pension, disability and benefits, or
is this just another window dressing to show Congress that they are
involved in the process.

The NFLPA has continually warned us that the Pension Plan is under-
funded and that there is no way that the NFLPA can improve benefits to
the level of active players. My suggestion: If they have a problem
funding the Pension Plan, then use some of the funding that it is
being set aside for the Tuition Assistance Plan, Health Reimbursement
Account, 5 Free Years of Medical Benefits, the Annuity Plan, Severance
Benefits, minimum salary benefits, and most of all, the Second Career
Savings Plan. On top of all those benefits, the active players will
also receive the Bert Bell/Pete Rozelle NFL Pension Plan benefits. Do
active players really need all the other retirement type benefits? The
average annual salary in the NFL is 1.4 Million dollars and the
average starter salary is 2.6 Million! This doesn't even take into
account the additional money that players are receiving through
Players Inc. At the beginning of each season each player signs a
licensing agreement that pays them $8,000 to allow the NFLPA to market their image. Additionally some active and recently retired players
have made millions of dollars through Players Inc. through player
appearances and other events and activities during and after the
season.

How much is enough?

If the past 14 years (1993 to 2006) was compared to a football game,
the NFLPA would have been flagged for piling on (benefits) for active
players. Granted, there have been modest increases for retired
players, but are you really satisfied with only about 1% of the gross
revenues going to Retired Players, Disabled Players, Widows and
Surviving Children? Apparently some of you are.....particularly those
players that retired during the past 14 years. And why wouldn't you
be?

Don't get me wrong, I think it's great that players since 1993 have
been able to use the NFLPA to get the numerous benefits they now
enjoy.....but let's not forget about the guys that came before you.
Regardless of what Gene Upshaw tells us, there will be enough revenues
to continue to increase the pension and disability plans for older
players and it should be a priority before any new, or increased
benefits for active players are considered.

In his White Paper to Congress, Gene Upshaw actually used the example of what a 10 year player retiring in 2008 will make in pension
benefits! Why? Because it would have been too embarrassing for him to
show what 10 year players retiring in 1950, 1960, 1970 and 1980 were
getting. Shouldn't Congress also know the benefits of those players
as compared to the benefits of recently retired players and currently
active players? They should, but it's too embarrassing for Gene to put
on a chart!

Here is an example of the income and benefits that an "average" 10
year player that retired at the end of 2006 has already earned and is
entitled to receive in the future:

· NFL Salary: = 10 Million (Average salary for each year from
1996-2005)

· Severance Pay Plan: = $127,500

· Second Career Savings Plan: = $20,000 (if the player also
contributed $10,000)

· Annuity Plan: = $65,000 for player and beneficiaries. This is a
deferred compensation plan that includes both a "Taxable Portion" and
a "Tax-Qualified Portion" $5,000 is also received by this player for
the tax-qualified portion.

· Tuition Assistance Plan: = $45,000 for reimbursement of his expenses
incurred for qualifying tuition, fees and books. This money can be
used while a player is still active and up to 3 years after they
retire.

· 5 Free Years of Health Insurance (Medical Benefits): = $60,000
($1,000 x 12 months. x 5 years.) Hard to put an actual price tag on
this, but private coverage can cost anywhere from $500 to $2,000 a
month, so I've used $1,000 as an approx. amount. What does the NFL
actually pay the insurance company per covered person? I don't know.

· Health Reimbursement Plan: = $25,000 (Available after the 5 free
years of NFLPA Health Insurance, and only for players not involved in
an employers health care plan. Provides reimbursement payments from
the Plan to eligible players, their spouses, and dependents.) What is
the actual amount per player that is reimbursed through this Plan? I
don't know.

The Total = $10 Million in salary and $347,500 in eligible benefits.
This does Not even include the NFL Pension Plan, or the interest that
will be earned on the Second Career Savings Plan, or the Annuity
Plan!

Under the Pension Plan this player would also receive $55,140 in
annual payments if they retired at age 55.

Remember, this is just the average!

Now.......here is the projected total for a currently active "average
starting player" that plays over the 10 year period (2002 - 2011)
which is the last Capped year of the CBA.

· NFL Salary: = 26 Million (Average starter salary for each year from
2002-2011) This is a very conservative estimate based on the current
average salary for a starting player over the 10 year period.

· Severance Pay Plan: = $132,000

· Second Career Savings Plan: = $132,000 (if the player also
contributed $10,000 or more each year)

· Annuity Plan: = $520,000 for player and beneficiaries. This is a
deferred compensation plan that includes both a "Taxable Portion" and
a "Tax-Qualified Portion" $50,000 of the total received by this player
would fall under the tax-qualified portion.

· Tuition Assistance Plan: = $45,000 for reimbursement of his expenses
incurred for qualifying tuition, fees and books. This money can be
used while a player is still active and up to 3 years after they
retire.

· 5 Free Years of Health Insurance (Medical Benefits): = $60,000
($1,000 x 12 months. x 5 years.) Again, it's hard to put an actual
price tag on this, but private coverage can cost anywhere from $500 to
$2,000 a month, so I've used $1,000 as an approx. amount. What does
the NFL actually pay the insurance company per covered person? I don't
know.

· Health Reimbursement Plan: = $300,000 (Available after the 5 free
years of NFLPA Health Insurance, and only for players not involved in
an employers health care plan. Provides reimbursement payments from
the Plan to eligible players, their spouses, and dependents.) What is
the actual amount per player that is reimbursed through this Plan? I
don't know.

The Total = $26 Million in salary and $1,189,000 in eligible benefits!
Again, this does Not even include the NFL Pension Plan, or the
interest that will be earned on the Second Career Savings Plan, or the
Annuity Plan!

Under the Pension Plan, this player would also receive $56,400 in
annual payments if they retired at age 55.

Does anyone really think that the above player is going to need a
Second Career Savings Plan?

Here's an interesting fact: The assets in the Second Career Savings
Plan alone will be more than 1 Billion in the next two years and will
eventually eclipse the NFL Pension Plan! Although active players
contribute to the plan annually, how much of a burden is it for these
guys to put up $10,000 dollars of their salary each year in order to
get $20,000 from the owners. If you can believe this, some of the
players weren't even bothering to invest their money in this Plan, so
the union amended the plan to automatically enroll each player.
Players can opt out if they want, but I would like to know what stock
or other investment option has a return of $20,000 annually on a
$10,000 investment?

It is interesting to note that the NFLPA's White Paper consistently
talks about improvements since 1993. The White Paper states "from
1993 to June 2007, 42.6% of individuals who have applied for NFLPA /
NFL disability benefits were awarded disability benefits of some
kind."


What percentage of claims for disability benefits were awarded before
1993? Why doesn't Congress ask that question?

The bottom line is this: Gene Upshaw gets elected because he continues to deliver the above types of benefits to active players.

Jeff Nixon
Vice President
Buffalo Bills Retired Players Chapter


 

 

  





   








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