JeffNixonWhitewash

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NFLPA White Paper = Whitewash!

From Former Buffalo Bill , Jeff Nixon

Definition of a Whitewash: 1. cover-up: a coordinated attempt to hide unpleasant facts, especially in a political context.

Gene Upshaw and the NFLPA recently released a White Paper that details the amount of money that is going to retired players.

In the White Paper Gene Upshaw and the NFLPA state that: “the costs of benefits to former players come from the active players' side of the table. In other words, all of the CBA benefits, including the cost of benefits for players no longer active, reduce the amount available for salaries and benefits of active players. In 2006 alone, active players gave up $147.5 million for benefits to retired players. This means that each active player gave up approximately $82,000 of his salary for medical, disability, and retirement benefits for former players.”

Statements like this only serve to pit active players against retired players. After reading this White Paper, I’m sure that many of the active players are probably saying something like “Those ungrateful bastards…..look at all the money coming out of my pocket for these oldtimers!”

The statement that “active players gave up $147.5 million for benefits to retired players” makes it sound like All Retired Players are getting these benefits. The truth is, some of the new benefits will only assist eligible players that were active from 1993 to 2006. These same benefits will also assist active players as they become eligible. So let’s be honest, who’s really benefiting?

What Gene omitted in his statement to Congress is that some of this money went to only a small number of retiree’s and some of it only benefits players that only recently retired from the NFL and that some of these benefits will predominantly benefit active players as they become eligible!

Gene Upshaw told Congress that “last year alone the current players voluntarily gave up $147.5 million to help former players.”

Here’s what Gene included in the $147.5 Million for retired players:

$11 million for five years of post-retirement fully paid health care! How many of you are receiving this benefit? Unless you played after 1993, none of you have, or will ever receive this benefit, but it’s included in the Chart that Gene showed the Congress. This is a benefit that will continue to help active players when they retire.

$18 million in contributions to health reimbursement accounts! Unless you were an active player in 2004 or later, none of you have, or will ever receive this benefit, but it’s in the Chart that Gene showed to Congress. This is a benefit that will continue to help active players when they retire.

Gene told Congress that “None of this $147.5 million went to current players.” That is true, but do you think our Congress knew that out of the 3000 retired players that are currently receiving pensions, none were receiving the above mentioned benefits! You wouldn’t know it looking at the charts that were displayed before the Congress of the United States! Do you think Congress knew that some of the benefits that active players gave to retired players included players that retired as recently as 2006 and that some of the benefits were only for retired players that were active from 1993 until present! Granted, some of this information is buried on the last few pages of the White Paper, but it’s still deceptive.

In the White Paper it states “the costs of benefits to former players come from the active players' side of the table.”

It is true that only active players can make the decisions on benefits, but only on new and improved benefits. Some of the benefits that are currently provided are existing benefits that were negotiated by players that are now retired. The money came out of some of their pockets too! Some retired players were “active” when decisions on pensions and disability were made. It is misleading to tell Congress that all retired players benefits come out the “active” player’s pockets! Do you think Congress really understood what the true definition of “active” really meant. I’m sure that many of them were thinking that all the benefits and corresponding funds came from the current players.

Unfortunately, it appears as though the NFLPA might be purposely trying to pit active players against retired players. When they make the statement that “active players pay for all benefits” and then they show charts to Congress showing that the active players contributed $82,000 per player for benefits to retired players, they are basically sending the underlying message to the active players that they have done enough for retired players.

The NFLPA also pits active vs. retired by attacking some retired players for not negotiating improvements to the pension plan during the time they were active. Ie. On its website, the NFLPA has a section called: “NFLPA’s Improvements to Retired Players’ Benefits - Question & Answer”. This document was specifically developed by the NFLPA as propaganda supporting their position and given to active players.

One of the questions is: “Before 1993, did other players go back and improve pensions and disability? No. The first group of players to improve the pension, and who continue to improve the pension, were those who negotiated the 1993 CBA.”

You can’t tell me that this doesn’t make some of the active players shake their heads and say to themselves “We are the ones making all the sacrifices, and we’re still getting criticized by retired players!”

The Question that should have been asked was this: Before 1993, was there a large outspoken group of retired players complaining to active players about the pension? Was it a big issue in the media? No, because the active players and the retired players knew that the most important issue was free agency. They knew that as soon as we got true free agency it would finally open up the floodgate of revenues that could be used in other areas such as the pension plan, disability plan and other benefits. But just like Moses who wandered in the desert for 40 years, most retired players never got to the promised land.

As everyone knows, it takes time to build a Union’s strength. Initially the players had to fight for the basics. Before we could even begin to think about increasing pensions, players had to find a way to get the owners to improve salaries and get “true free agency”. Unfortunately the owners won a lot of the fights in the early days. And a lot of players lost their jobs because of their union activities.

The NFLPA should develop a White Paper that informs all the current players about the personal sacrifices that retired players made before 1993 The NFLPA needs to enlighten our brethren on why certain players got blackballed from the League for their Union activities and how we had to strike and picket the NFL owners.

As you know, our Union finally got smart and took the NFL to court for violating Anti-Trust Laws. The owners settled out-of-court and in exchange for free agency the owners insisted on Capping the amount of revenues that they would share with players……the rest is history. Gene Upshaw deserves a lot of credit for leading the union during this phase.

Unfortunately, the Union wasn’t too smart on all issues, such as giving retired players the option of taking early retirement and the social security adjustment. Instead of praising retired players for the courage it took to stand up to the owners and fight for the free agency that the active players now enjoy, here’s what the NFLPA tells the current players:

“What do we, as active players, have in place? Will we face the same problems as players in the past? Active players have a Five Step Retirement Plan – Severance, Pension, Annuity, Second Career Savings Plan (401(k)), and the new Health Reimbursement Account – all designed to help safeguard current players from experiencing the same problems. “

What does this Q&A tell us? Besides the fact that it slaps retired players in the face….it tells me that the NFLPA failed to protect past players from making bad decisions, because it allowed them these options in the first place! Now that they’ve gotten smart, they won’t allow current players to make the same mistake. Isn’t that special.

The White Paper also states “The NFLPA Is Always Working to Improve Benefits and Procedures: ……..the NFLPA continues to seek improvements in benefits and in the process. The NFL/NFLPA recently announced an agreement that automatically grants disability benefits to eligible former players who receive social security disability benefits.”

The NFLPA wasn’t working to improve the disability plan until they started hearing the huge outcry from former players. It wasn’t until the media picked up on this and started writing articles and airing TV shows (ie. Bryant Gumbel – HBO Real Sports) that were critical of the NFLPA, that they finally took notice and started doing something.

Does anyone out there really believe that the NFLPA would have created the 88 Plan if there hadn’t been a huge outcry from the retired players that generated so much negative publicity for Gene and the NFLPA? Same thing goes for the Pension Increases.

No one is saying that the NFLPA hasn’t done some very good things for retired players, ie. PAT Fund, Pensions for Pre-59ers etc., but the way they are now shaping the argument by pitting active players against retired players is shameful. The NFLPA never fails to remind the active players that since 1993, all benefits reduce the salary cap and thus the amount available to pay active players.

The fact is, most of the current benefits are only available to active players that are eligible, and retired players from 1993 into the future. For example; The Second Career Savings Plan, the Annuity plan, Tuition Assistance Plan and the Health Reimbursement Account.

No one resents the fact that active and recently retired players receive the Lion’s share of benefits. That’s the way it should be. But you can’t whitewash the facts about what is actually being done to assist all retired players.

One last thing before I close.

The NFLPA website boasts about their contribution to retired players by posing this question?

How much is being spent on the Retired Players?

Answer: Over $5.5 million is being spent monthly on current Retired Players, disabled players, widows and surviving children.

Wow, that sounds like a lot of money! But let’s put this in perspective: According to the NFLPA, the total annual payout to retired players is 66 Million (5.5 million x 12 months) That is less than 1% of Gross Revenues. 1% of 7 Billion (Gross Revenue) is 70 Million.

Do you think the current players know that less than 1% of the Gross Revenues are being spent on Retired Players, Disabled Players, Widows and Surviving Children?

Based on the information they are getting from the NFLPA, I doubt it.

I anticipate the NFLPA Truth Squad will be knocking at my door in the near future, so if for some reason you don’t hear from me for awhile you can only assume that I have been sufficiently gagged and tied.

Sincerely,

Jeff Nixon

Buffalo Bills Retired Player

1979-1984