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The NFLPA is being run as a racket by and for a thuggish dictator. The 1800 union members, the 1800 young naive active players who’s votes on key issues on pension funding are being coerced by 900 NFLPA approved sports agents, a secret police, a Gestapo acting as persuasive "financial advisors" or union goons for the NFLPA dictator of an Executive Director Gene Upshaw. Upshaw has built himself a fiefdom making collusive partnership deals with the NFL Commissioner on defending disability claims for retired players while installing his own personal sports agent, who negotiated Upshaw’s $3 million a year contract with Upshaw himself, as a Player’s Trustee for the NFL Players Retirement and Supplemental Disability Plan in which Upshaw has trapped and is hoarding over $900,000,000+, under false pretenses. Upshaw and corruption convicted AON Consulting create a steady stream of cash trapping insurance, investment advice, and service schemes, (26 of them by last count) to divert employer contribution funds intended for the NFL Player Retirement Plan. This $900,000,000+ was put into the plan for the sole purpose of being paid out to retired NFL players their widows and survivors Upshaw and his entourage are blocking that payment to beneficiaries.
This is a State of the League statement still under construction, as experienced by most concerned retired NFL players, their widows and survivors:
It has taken an experienced investigative type writer over 1,500 hours of work on the Internet and the telephone reading government reports and books and Retirement Plan documents to compile this information for my former warrior teammates and competitive comrades. I've done it because they allowed me an unmatched quality of life that I loved every minute of. A life measured up to and after a World Championship. Try covering Tommy McDonald or Jimmy Orr or Bobby Mitchell with a Championship season hanging in the balance. Great competitors wonderful courageous men. But it was a league of wonderful courageous men like Bednarik and Ditka, Staunter, John Henry Johnson, Sam Huff, Bart Starr, Willie Davis, John Wooten, Jim Brown, Jim Houston and John David Crow too many way too many to name but they all deserve better and by God they are going to get better treatment than Upshaw's 20% Mafia is trying to jam down our throats.
Upshaw has targets for the active player’s backs too, it’s only a matter of 3.5 years average to retirement.
Listed below in paragraphs 1 through 48 are some alarming issues, comments on them, and rebuttals to recent arguments used by NFLPA Executive Director Gene Upshaw, his staff, and shills in their active campaign against raising the NFL Player Retirement Plan benefits to fair, meaningful, levels. The desire to raise the sub-poverty level $14,451 average benefits of today to a reasonable benefit level in proportion to the funding available is shared by NFL owners, leading National politicians, long time fans, and of course retired players their widows and survivors.
Active and retired players should take the time and read through these issues, it is your life they are affecting. These paragraphs may seem to belabor certain points but aside from explaining to retired and active players what machinations are going on in their NFLPA the purpose of writing this is to describe those ugly machinations as legal issues for government agencies to enable those agencies to move to help the active and retired players. NFL warriors of today and yesterday need help to overcome this egregious breech of honor, this degradation of esprit de corps, this Mafioso type show of in your face disrespect, by the NFLPA’s thuggish Executive Director Gene Upshaw. The warriors of yesterday mistakenly believed for 15+ years that he was representing them, the warriors of today will in an average of 3.5 years become Upshaw’s targeted adversaries as are all retired NFL players.
NFLPA Exec. Director Gene Upshaw has a strangle hold on the retirement plan funds and is hoarding the “Net assets available for benefits: of $900,000,000+” for his own self-serving purposes. He is certainly not hoarding the $900,000,000+ in the best interests of the retired players who’s Plan it is. The name of the pension plan is self explanatory. It is the Bert Bell/Pete Rozelle NFL Player Retirement Plan and it is solely for the benefit of retired NFL players. “No assets will be used for any purpose other than to pay benefits to Players (or their families, beneficiaries or Dependants), or to pay the costs of administering the Retirement Plan.” Page 28 Retirement Plan Booklet.
Upshaw is thumbing his nose at the retired players and at the owners who wrote protections into the collective bargaining agreement (CBA) blocking the NFLPA/ Upshaw’s “unilateral” right to “reduce or freeze” retirement benefits, (page 187) The 2006 CBA Extension Term Sheet with a paragraph on Page 5 2006 CBA Extension Term Sheet: “New benefits to be spent on benefits determined by the NFLPA, including a medical savings plan. Increases in existing benefits (e.g., postseason pay, preseason pay, preseason per diem, etc.), to be agreed to consistent with previous increases. All new benefit plans to be administered by a Taft-Hartley trust. The NFLPA will have a seat on the existing insurance trust board.”
“Consistent with previous increases” would be to double benefits as was done with the “previous” CBA in 2002, (but the Plan can afford a triple or better.)
1. Below poverty level benefits. Total benefits paid to 3,500 recipients (retired players, their widows and survivors) in 2005 were $50,581,207. That is an average of only $14,451 which is $4,000 below the poverty level in the USA. "For these guys to say what they get is peanuts, they're being ungrateful," said Gene Upshaw.
Nothing could illustrate the dilemma of the retired players their widows and survivors more clearly, $14,451 a year is peanuts. Gene Upshaw is the problem, he is paid $3 MILLION A YEAR, that is $250,000 A MONTH, that is $57,692 A WEEK, that is $11,538 A DAY, or $1,500 PER HOUR to solve problems, but instead he creates them and shows contempt for the retired NFL players who hired him. Retired players families suffer with sub-poverty level benefits because Upshaw plays the naïve active players like a piano using his 900 NFLPA approved NFL agents as his shills. $14,451 a year probably wouldn’t pay Upshaw’s electric bill.
2. MLB's (Major League Baseball) union obtained a 5.5% of total salaries employer contribution to their Plan while Upshaw has obtained only 2.2% of total salaries.
3. MLB pays their 10 yr players 62 years old $175,000 a year while the NFL Plan pays our 10 yr player age 62 only $32,000 a year. Upshaw says “his actuaries” the Corruption fined Aon Consulting advise him the NFL Plan compares “favorably” to MLB’s which shows how subservient or incompetent or corrupt his supporting actuaries are.
4. The Retirement Plan's Benefit Credit scheme is a bit tricky, it is meant to be. It fits the pattern, the Upshaw and insider’s pattern; the more complexities they can create the more secure their jobs. It also increases the NFLPA insiders control over the player benefit funds.
The Retirement Plan benefit double in 2002 increased average benefits to $14,451 per year from $7,225 half that amount. That is $50.58 million total benefits were paid in 2005 divided by 3,500 recipients gives a $14,451 average.
This Benefit Credit scale is another self serving machination used to shift the higher values to the current era players. This scale is another device to control and direct the player benefit funds. Even within this schedule to evaluate what is average, the Benefit Credit scale would have to also be averaged. $200 to $425 Benefit Credits = $625 divided by 2 = gives a $312.50 average. And you must consider that the 3,500 recipient's benefits were based on where they fall in the trumped up $200 to $425 "Benefit Credits" scale. This mix, some beneficiaries at $200 Benefit Credit, some at $425 Benefit Credit, some in between, whatever the mix was in 2005. The mix will change very slowly as we die off and as more retired players begin to draw their pensions. The rate from 2002 to 2006 was an increase of 125 new recipients per year.
This Benefit Credit scale is nonsense and should be discarded ASAP. Think in terms of dollars and cents.
Consider this: In 2005 pension benefits payments totaled $50.58 million, an average of $14,451 for each of 3,500 recipients. You can accurately without question use $50.58 mil and $14,451 as the measure, as the multipliers.
The 1st, $50.58 mil of benefits = $14,451 aver. benefit payment
The 2nd, $50.58 mil of benefits = $14,451 aver. benefit payment
Double $101.16 mil of benefits = $28,902 aver. benefit payment
2005 $116.61 mil of income = ($64.7 Employer Contribution + $54.7 Plan
investment income)
$116.61 mil plan income minus $101.16 mil leaves $15.45 mil for another = $4,414 benefit payment if you wanted to even out benefits to income, which is not at all necessary.
If Plan benefits were to be proportionately equal to Plan income then average benefits would figure to be $28,902 + $4,414 = $33,316 that is $33,316 aver. benefit payment if benefits equaled plan income from 2005.
Plan income will be substantially more than $116.61 million from 2006 forward into the future because Upshaw is barred in the CBA from "reducing or freezing" Plan benefits.
There is no need to limit the benefit payout to the plan income because there is a $910,000,000 cushion of dollars available for benefits.
Here are some more numbers to consider in another comparison with Major League Baseball's benefits vs. the NFL's:
Both plans are "defined benefit" plans.
NFL Plan $910,000,000 assets we pay out $50.58 mil total benefits to 3,500
MLB Plan $1,083,959,234 assets they pay $80.91 mil total benefits to 2,319
NFL current liabilities = $1.05 billion
MLB current liabilities = $2.30 billion**
Both the MLB and the NFL Plans meet all of the ERISA funding requirements.
MLB pays out $30.33 mil a year more than the NFL pays. MLB pays out to 33% fewer recipients for an average benefit of $34,890 vs. $14,451 for NFL's disgraceful average. The NFL plan covers a total of 9,560 while MLB cover 7,285 in 2003 undoubtedly over 7,560 by 2005. The NFL plan covers only 24% more participants than MLB’s.
Worse yet MLB's numbers are from 2003 vs. the NFL numbers are from 2005 so the comparison is really even worse than it appears here.
**Note: MLB’s $2.3 billion in liabilities does not prevent it from paying average benefits of $34,890 vs. NFL’s sub-poverty level $14,451.
Don't allow Upshaw and his entourage to keep your attention on Benefit Credits and voodoo actuarial economics. Deal in dollars and cents. It is as simple as the numbers on this page.
Donald Fehr, MLB's Exec. Director is paid $1,000,000 a year and produces more than twice as much for his members as Upshaw produces for $3,000,000 a year salary.
Fehr has also played his part in helping the MLB's attain an average salary of $2,800,000 whereas Upshaw's NFL player's average salary was listed at just over $1,250,000 in 2004. Google search shows the median NFL salary at $631,675. The NFLPA Web-Site lists Tom Brady's compensation at $450,000. If this NFLPA information is accurate then it is no wonder Patriot's owner Robert Kraft is singing Upshaw's praises.
Upshaw keeps repeating his propaganda line "My actuaries say our Plan compares favorably with MLB's." Obviously that is baloney. You need to know which actuaries Upshaw is he relying on; Rob Williams/AON? Len Teeuw's? How competent can the actuary be that he is relying on? Might they have $489,553 in fees and other selfish interests like Upshaw has?
AON/Rob Williams ($489,553) is worth more than Tom Brady ($450,000) if the NFLPA figures are correct. Interesting comparison.
5. Another NFLPA perpetuated myth is that “unfunded liabilities” offset the “Net assets available for benefits: $841,761,207” as shown in the financial statement by the Plan auditors, Abrams, Foster, Nole & Williams, P.A. in Baltimore. On May 16, 2006 Abrams et al confirmed by telephone that there are no “unfunded liabilities” offsetting those “Net assets available for benefits:”. Those who tell you these lies have a motive and it is not in the retired player’s best interest. It is used to prevent the retired players from receiving their fair share of the PAST employer contributions that were made for the sole purpose of paying benefits to those very retired players. Instead the funds have been trapped and hoarded by Gene Upshaw and his gang of insiders beginning with AON Consulting, the Plan actuary, that for $489,553 a year gives Upshaw all the voodoo economic excuses needed to hoard the retired players benefit money. A $69 million employer contribution was made on 3/31/06 bringing the new total to about $910,000,000.
The SUMMARY ANNUAL REPORT March 15, 2006 says “The value of plan assets, after subtracting liabilities of the plan, was $841,761,127 as of March 31, 2005, compared to $784,266,621 as of April 1, 2004.” That is a growth of $57,494,586 after all benefits were paid. This statement by the auditor was verified to mean exactly what it says; and there are no “unfunded liabilities” or “under funding” that needs to be considered to understand the statement.
6. It was reported that Doug Allen, Gene Upshaw’s $400,000 a year Assistant Exec. Dir. told a retired players meeting at the Phoenix Retired Players Convention that ERISA regulations require that 95% of the $900,000,000 in Net assets available for benefits:” have to held and not paid out in benefits because the Plan is “under funded.” This is absolutely false. Abrams et al confirms that the Plan is “not under funded.” Some suggest it is actually over-funded and in danger of being refunded back to the employers since it isn’t being used to pay benefits as promised in Plan documents.
7. 3,500 retired players, their widows and survivors received checks monthly from the Mellon Bank in 2005. 346 were (Upshaw acknowledged) financially suffering widows and survivors while over 700 retired players requested financial assistance from the NFLPA’s Players Assistance Trust (PAT). The PAT helped 650 approximately or so the NFLPA newsletter reports. Gene Upshaw said in a conference call on May 16, he “Had to pay for two funerals for retired players families.” (346+700+2= 1,048) 1,048 retired players or their widows and survivors are acknowledged by Upshaw as needing financial assistance, that is almost 1/3 of the total 3,500 beneficiaries receiving monthly checks. Professional football players are a proud lot and it would take extreme circumstances for one of them to ask for help from anyone. Upshaw told the NY Times 2/2/06 that our widows and survivors need and increase in benefits. He is right the widows and survivors need and increase but they need it because their retired player’s husbands received so little in pension benefits before they died from Upshaw and his gang.
8. Upshaw’s tries to twists this issue into the context of helping the neglected widows and survivors at the expense of; or in competition with, the retired players getting any increase in pension benefits. Upshaw is cynically pitting us against our own widows and survivors. Double speak is too nice a description of this asinine argument.
9. Upshaw said in a May 16 2006 conference call that because the airlines and auto industries are having pension financial difficulties it creates a bad business climate so that any pension increases in our pension would be over-promising and he doesn’t want to over-promise. This is more ridiculous double talk.
10. When asked about increasing benefits to retired players and their families, Upshaw told a NY Times reporter in Feb 2006 that “We can’t afford it.” “WE” who the hell is “WE”? Upshaw and the owners can’t afford it? Who? He also said in that May 16th conference call there isn’t enough money to go around…$23.9 billion in new TV contracts a 53% increase, 17 million fans paying over $54+ a ticket, ticket license fees, sky-boxes, sponsors Budweiser and Coors, booming merchandising sales…ABSURD “We can’t afford it…” absolutely ABSURD.
NLRB recognition of a union means an owner cannot say “We can’t afford it” without showing the union his books to substantiate his claim. Jim Brown and I fought to get that NLRB recognition for the NFLPA, we forced the NFLPA against the wishes of the NFLPA officers and their attorney to hold an election and accept that NLRB recognition in 1968. Now Upshaw is the one lying to us and the active and retired players saying “We can’t afford it.”
11. Upshaw told the 1/16/06 Charlotte Observer, "We in the union and the NFL have fought for retired players and have delivered on that promise." What promise? What f---ing promise? When? Who is the mysterious 3rd party he and the NFL are fighting on our behalf? Fighting for retired players, that means he is representing retired players, doesn’t it? When it serves his purpose Upshaw boasts of having “fought for retired players and have delivered on that promise…” then when it serves his purpose he says "The bottom line is I don't work for them," he said. "They don't hire me and they can't fire me. They can complain about me all day long. They can have their opinion. But the active players have the vote. That's who pays my salary.” (Which is $3 million a year)
"They (retirees) say they don't have anybody in the (bargaining) room. Well, they don't and they never will. I'm the only one in that room. They're not in the bargaining unit. They don't even have a vote." This is our leader Gene Upshaw talking; the same guy who says he “fought for retired players” out of one side of his mouth while castigating the retired players who actually hired him when they were active players, out of the other side of his mouth. Upshaw’s tantrum should serve as a wake up call for today’s active players who will in an average of 3.5 years become Upshaw’s targets along side all the rest of the retired players.
12. Before Upshaw called the retired players “ungrateful” 1/16/06 in the Charlotte Observer he threatened them for bringing up the below poverty level benefits in an 11/15/05 letter saying “You might also consider whether criticizing the active players who doubled your pension is likely to get you a further increase.” The criticism was of Upshaw, the trustees, and actuary AON Consulting not the naïve young active players that Upshaw leads around by their agents. Now 60% of those “active players” from 2001-2 are retired players and wish they had quadrupled the Benefit Credit amount when they were active players and had the chance.
13. A $110,000,000 “current compensation to increase pensions of those who came before” was proclaimed by Upshaw as a “staggering gift” in 2002 in another Upshaw myth. In 2001 the owner contribution was $23,654,464. The Benefit Credit was raised from $100 to $200 the benefits were doubled and the 2002 employer contribution was raised to $43,074,347 that is about $20 million to raise the lowest Benefit Credit by $100; from $100 to $200 Benefit Credit. Upshaw’s $110,000,000 gift relates to nothing and did not happen. The Plan’s “Net assets available for benefits:” have increased from $650 million in 2002 to over $900 million today July 1, 2006 in spite of doubling the benefits in 2002.
14. To set the record straight it was the NFL owners led by Art Modell who said they would increase the employer contribution from $23.6 million to $43 million only if the pre1982 player’s pensions were doubled. It wasn’t Upshaw’s or the active player’s idea to “gift” or increase the pension benefits. It was the owners demand. Modell should be in the Hall of Fame for this if for no other reason.
15. Look at the facts. It took less, much less than the $19.4 million increase to double benefits in 2002. The $23.6 million to $43 million employer contribution increase raised benefits by double with enough room to spare to grow the Plans assets by an average of $62.5 million a year ever since. This is fact. Read it again if you didn’t follow that. ($900 mil 2006 - $650 mil 2002 = $250 mil divided by 4 years = $62.5 mil a year asset value increase.)
To make any comparison involving the Benefit Credit one has to relate each $50.58 million to a $312.50 Benefit Credit. That Benefit Credit average is $312.50 is established by averaging, $200 the lowest + $425 the highest = $625 divided by 2 is an average Benefit Credit of $312.50.
The Benefit Credit system skews the picture unnecessarily but deliberately. Doubling the average Benefit Credit would be doubling $312.50 + $312.50 = $625 Benefit Credits not doubling $200 the lowest rung on the scale. The whole Benefit Credit system is a trumped up ploy to add superficial importance to the Plan actuaries and administrators and to convince the most current players that they are more important than their predecessors. It also puts more of the player benefits under the control of Upshaw’s Mafia the 900 sports agents who direct the active players financial decisions and who depend on Upshaw’s approval to stay in business as financial agents for active players.
The tremendous growth of plan assets from $650 mil to $910 mil shows it didn’t take very much, of the $19.4 million increase to fund the 100% increase in benefits in 2002. The Plan’s investment income alone has been, and continues to be, more than enough to pay the sub-poverty level benefits of today and still increase the assets of the Plan by $62.5 million a year. The Plan benefits can obviously be tripled and it won’t put any strain on the Plan at all.
The kicker in these projections is the fact that players wait an average of 25 years before they start collecting their pension while the plan funds are earning 6.5% investment interest turning every $1,000,000 of today’s employer contribution into $5,140,020 in 25 years. Super charging the Plan’s growth, the assets available for benefits, during those 25 years have been paid out at the low poverty level benefit payments.
This has been going on for at least 20 years, it isn’t just starting today or this year.
16. Mike Pyle’s Chicago group PRO-FAC learned that AON Consulting Upshaw’s Plan actuaries have never included the 25 to 27 year (interest earning) wait period between the time a player stops playing football and starts to draw his pension. I waited 32 years and many of my NFL friends also waited that long. Rob Williams/AON Consulting is the corrupt fox in the hen house. The corruption stained Aon is the horse Upshaw is riding to stay in power and keep pension benefits below poverty levels.
Since the trustees have done less than nothing to protect the beneficiary’s best interests; it is time to change horses or at least have the government and lawyers with the best interests of the active and retired players, their widows and survivors looking at the situation using the power of subpoena to get at the truth.
Why didn’t Upshaw and the trustees fire Aon Consulting as the Plan actuary when NY Attorney General Elliot Spitzer got them convicted of corruption and fined them $190 million in 2004? Why didn’t Upshaw and the trustees fire Aon when they found out a Chicago Bears owner Patrick Ryan was the CEO of Aon Consulting the corruption convicted actuary?
17. One of the latest Upshaw myths is that each $2.50 increase of Benefit Credit requires $1,000,000 of new funding. Upshaw has his NFLPA “disciples” are running around selling this claim. If that were true then a $100 Benefit Credit increase would have required $40 million of funding in 2002. If this $2.50 B.C.= $1 mil was true why did it cost less than $20 million in 2002 for that $100 Benefit Credit increase? Upshaw has his cadre of agents, goons, and NFLPA insiders are out trying to confuse, and manipulate the players, all the players, the active players and the retired players their widows and survivors. You can not believe the vindictive Gene Upshaw, or Ray Schoenke (anything you say boss), or Dan Audick (I wanna do a TV special with Frank Gifford and Don Shula) or anyone else who tells you it costs $1 mil to fund $2.50 of Benefit Credit increase, it is simply not true.
Cost projections based on one year or six years will be higher than 20 year or 30 year projections. Some of the Upshaw’s only 20%-20%-20% team is trumpeting projections that appear to be based on unrealistic self serving projection periods.
18. Look for Upshaw and Rob Williams/AON to continue coming up with a steady stream of money trapping insurance schemes, concierge and other services like “skill-building” “The Fifth-Quarter Gameplan: For Players by Players” provided in “first-class locations around the country” an apparent substitute for finishing college. I haven’t researched how far Rob Williams/AON go back but several players affected have told me that Rob Williams/AON Consulting dreamed up the Social Security Option that duped 325 retired NFL players into options that now have them receiving $112 per month in retirement benefits? Apparently AON’s Rob Williams came up with the new Medical Savings Plan and if history is any indication it is likely to be a boondoggle to amass another pile of money to “manage” to go along with hoarding our retirement benefit plan money? Below poverty level benefits from an unencumbered $910,000,000, hoarded in an over-funded retirement plan, has to be called a boondoggle at best, perhaps a con game, perhaps even a RICO conspiracy.
Several state attorney generals are looking into this situation and the possibility of RICO conspiracies being involved in the control and manipulation of the player Retirement Plan funds and the NFLPA generally. These will take time and require some patience because this battle won’t be over quickly unless the owners step in and reign in their boy, their new partner as described by Patriot’s owner Robert Kraft. The fact is Upshaw represents the league the employers against the retired players. A new wrinkle in labor relations.
19. Many retired players “think Nick Buoniconti's letter is a mission statement for us against Upshaw!” Here is an excerpt from the letter Nick wrote:
“To: Ron Mix, Executive Board of the HOFPA, Joe Horrigan, Pro Football HOF Board, and Gene Upshaw,
There comes a time in all important issues when there is a tipping point that cascades over the top, I think we are at the tipping point.I am shocked at Gene Upshaw’s comments. Yes, it may be true that legally he doesn’t owe the retired players any representation -- but I thought Gene played in the N.F.L. with the now retired players, and I thought that Gene was initially elected Executive Director of the N.F.L.P.A. by the now retired players, and I thought he was elected to the Hall of Fame with other retired players. I guess Gene has a short memory for he now shrugs his shoulders, smiling with his 3 million dollar a year salary while some of his fellow N.F.L. retirees look day to day for a way to just survive.I know that legally Upshaw doesn’t work for us and yes we can’t hire him or fire him and yes we can complain all day, but in the final analysis Gene Upshaw has turned a deaf ear to his comrades and has become an elitist while his teammates fight an uphill battle to live a life of dignity.I would hope that Gene would retract his hard ass position and offer the retirees a platform to take up the issues that were expressed in the article.”
Sincerely,Nick Buoniconti
The Buoniconti Fund to Cure Paralysis1095 NW 14th TerraceMiami, FL 33136Tel. 305-243-6022 - Fax. 305-243-3982E-mail. bshavermiami.edu
20. The active players may have no obligation to continue to pay Gene Upshaw $3 million a year for his arrogant absurdities. Upshaw’s employment contract itself is a contortion of his performance. He engineered himself out of having to be elected and re-elected to being employed under a long term contract. Unless he has violated the terms of his contract he will get his $3 million a year through 2008 whether he is fired or not. Obtaining a copy of his contract with a subpoena is now a necessity. There are certain standard conditions in almost all employment contracts that relate to fairness, fiduciary responsibility, and race that Upshaw has probably violated.
Retirement Plan trustee Tom Condon is both a “Player Member” on the Retirement Board and Upshaw’s personal agent. This is a clear conflict of interest. Agent’s who represent NFL Players like Condon are approved by Upshaw and the NFLPA. Paragraph 48. How the NFLPA Works doesn’t give any clue as to who Condon would have bargained with to get Upshaw his $3 million a year contract. Who did Condon “negotiate” Upshaw’s contract with on the NFLPA’s side of the contract? Was it Upshaw himself as I have been told? Was it Doug Allen? Was it the 1,800 active players? Was it the Executive Board with its ten Vice-Presidents elected for 2yrs each? Was it NFLPA Executive Board President Troy Vincent who told ESPN that Upshaw at $3 million a year is underpaid because “You don’t get much credit for being a man of color.”
21. In his capacity as the President of the NFLPA Troy Vincent told ESPN in an April 12, 2006 article. "You don't get much credit for being a man of color," said Troy Vincent, whose off season job is head of business development for Eltekon Securities in Trenton, N.J. "I can personally say that, because I'm a man of color. We always have to do an overabundance, say two or three times more than a non-color person. Gene and Paul are equals, but Tagliabue makes three times, almost four times what Gene does. Paul's salary isn't too high, Gene's [$2.85 million] is too low.”
Factor into this the various published reports that Troy Vincent has been led to believe that he will succeed Upshaw as Executive Director of the NFLPA. On 1/16/06 Upshaw blind sides us with how he doesn’t represent the retired players then on 4/12/06 Vincent played the race card and blames it for Upshaw being under paid at $3 million a year. Not a pretty picture for white or black retired players receiving less than poverty level benefits.
22. Vincent’s comments smack of reverse discrimination. Baseball’s white Donald Fehr Exec Director makes $1 mil a year and negotiated 5.5% of total salaries for employer contributions to player benefits while Upshaw negotiated only 2.2%. The white President Bush makes $398,000 a year. Gene Upshaw has never had a real job in his life. I don’t understand Vincent’s view of life. I’m white and Troy you can’t do anything two or three times as well as I can, that includes playing defensive back in the NFL or building a $10 million dollar hotel or any other commercial or Corps of Engineers construction project.
When I played in the NFL in Paul Brown’s era they (NFL management) had a rule only 13 black players per team before that when George Halas ruled the roost it was 6 blacks per team therefore 75% of the pioneer era players were, are white. The pioneer retired players had nothing to do with the NFL’s racist management rules and policies. We were all slaves in the monopoly system. Today the active players who Vincent claims underpay Upshaw because he is “a man of color” are 75% of color themselves. The retired player retirement benefits issue is tainted with vindictive Upshaw and Vincent motives to get back at the white pioneer era players for how the white NFL management and owners treated blacks in the earlier days of the NFL. A case could be made that this seems to be one of the only plausible reasons for Upshaw’s deep seeded resentment and hostility toward retired NFL players.
Yes, Federal investigators are researching reverse discrimination complaints based on Troy Vincent’s racist remarks, statistical studies, and Upshaw’s attacks on the pioneer retired players.
23. There are many capable people some retired players who would and could do Gene Upshaw’s job for nothing, yes, for $0.00 through 2008. Upshaw’s $3 million a year could be returned to the active players who are paying for his insulting treatment of retired players, their widows and survivors. I would do his job for $0.00 just so the $0.00 + gain $3 million for the active players option is on the table. $3 million a year divided by 1800 active players is a bonus of $1,667 for each active player. Having been already been VP of the NFLPA during some really difficult times it wouldn’t exactly be new. I haven’t discussed it with them but I feel sure Bart Starr or Jim Brown or James Lofton or Lynn Swann or Mike Ditka or Bill Curry or Colin Powell or Roger Staubach or Bishop T.D. Jakes or perhaps Congressman Tom Osborne or Cong. Steve Largent, or perhaps basketball’s Oscar Robertson or MLB’s pioneer Exec. Director Marvin Miller, a great labor professional, could perhaps be coaxed out of retirement to take on the issues for a year or so to get things straightened out for both the active and retired players regarding the operation of their pension and their union. I am guessing any of them would do it for less that the $398,000 the President gets. The $3 million a year status quo is not mandatory.
24. Perhaps at our request the Federal Government would put the NFLPA into receivership and operate it until the self serving organizational issues are resolved as they once did the Teamsters Union. Such issues as 900 Sports Agents (financial advisors) being hand picked and approved by Upshaw and the NFLPA to represent, “advise”, and “steer” the young naïve players whose careers average only 3.5 years. These 900 agent’s advise their active player clients on contracts and league financial issues but they are beholden to Upshaw and the NFLPA insiders for their jobs.
Are these Upshaw approved agents competing for the Bert Bell/Pete Rozelle NFL Retirement Plan employer contribution funds trying to divert these contributions into schemes that profit the agents? The agents don’t dare cross the vindictive Upshaw. The NFLPA also employees over 200 employees who also help convince the active players to vote the way Gene wants them to vote. That is an 1100 man force, beholden to Upshaw for their jobs, that he can use to manipulate the 1,800 naïve young players to get 901 of them to vote for whatever Upshaw wants them to vote for.
It is not likely any of this 1100 man Mafia are telling the active players to beware, this is a wake up call, think about what you are doing because in less than 3.5 years you will become a retired player, and an adversary target of Gene Upshaw and the NFLPA insiders yourself. The 900 agent’s are well aware of Upshaw’s vindictive streak having seen his treatment of retired players and they can not afford to confront him and risk losing their NFLPA agent’s approval.
25. You can not negotiate in good faith with anyone willing to lie. ''Any money that goes to retired players comes from players playing today,'' he (Upshaw) said. “We can’t afford it” “unfunded liabilities off set all the net assets available for benefits and none of the plans hoarded $900 million can be paid out in benefits” “the Charlotte Observer misquoted me” “I return all my phone calls.” Today’s active player won’t collect a dime for an average of 25 to 27 years. The retirement plan is a flow of money over a period of many years that is not attached to the active players of the year it is contributed by the employer. Today’s active players may receive part of his retirement benefit payments from money from employer contributions or investment income from any or all of the 30.5 years from the beginning of his 3.5 year career through the 25 to 27 years he waits to start receiving his pension. Today retired players are only receiving benefit payments in money from investment income on past employer contributions. The past contributions were made by the NFL owners to be paid to retired players, but because of Gene Upahaw and his gang’s strangle hold enabled by the government corruption fined Plan actuary Aon this money has never been paid to those retired players.
Upshaw said (to the NY Times) he would not ask the (active) players to contribute more. This is also a phony issue. (See paragraph 3 on page 32 the next to last page.) Active players rely on their agents “advice” and Upshaw’s “recommendations” about the pension plan because they have little to no understanding of the retirement plan and how its financing works. Upshaw deliberately keeps them misinformed, in an actuarial fog. Upshaw says he is using the actuary Aon’s analysis and therefore his self-serving position’s can not be challenged by mere mortal players with less than 3.5 years in the league. Mathematical probabilities are that half of the active players have less than 1.75 years in the league at all times.
It is not like he is talking to a normal union membership that averages 39 years in the union therefore has some understanding of dirty union politics and can better protect themselves. Upshaw operates the NFLPA using his 900 man vote squad, called approved agent’s, to spoon feed his con game to the naive active players; one might call it a racket, perhaps more accurately describe it as another corrupt practice perpetrated by Aon.
This years 2006 employer contribution is not attached somehow to “active players playing today” tattooed and set aside to be paid out in 25 to 27 years when today’s active players begin receiving their pensions.
Of course today’s employer contribution will easily more than quadruple in 25 to 27 years at 7.25% per year interest as projected by the Plan’s actuaries.
The idea that any increase in retired players benefits comes from today’s active player’s employer contribution and they don’t receive it in future pension benefits if it goes to the NFL Player Retirement Plan is pure Upshaw fantasy concocted to be used as a way to play the active players off against the retired players and control the active player’s votes so he can continue hoarding and manipulating the Retirement Plan’s $910,000,000 net assets available for benefits:.
26. My motive for researching and providing this information to as many active and retired players their widows and survivors as possible, is to try to help make my NFL teammates and our highly respected competitive comrades, our opponents and their families lives better. It is a rare opportunity to have, to be able to help rectify such a huge injustice. Obviously affordable improved pension benefits should have been relieving these remarkable individual’s families’ financial pressures for many years. Helping to obtain increased benefits is the quickest most efficient way I know of to touch and improve the wonderful lives of those who have given me so much in my life. These great competitors allowed me to measure myself against the most talented, the best, the most courageous in the world, it made me whole, it enriched my soul, I will take that priceless gift to my grave and beyond, I believe...
Coach-Owner Paul Brown told me “You shouldn’t have…” given the Cincinnati Reds half my $90,000 bonus back because I left the baseball Reds to play for the Browns in 1959. I told Paul, leaving baseball to play football, “ I didn’t earn it.”
I don’t understand greed. Maybe that is why I don’t understand the $3 million a year, Gene Upshaw or his NFLPA Mafia.
Gene Upshaw insulted all of us when he told the Charlotte Observer reporter Charles Chandler "If you (the reporter) can go to the Web site and see it, if you can find the newsletters and see it, they (retired players) can, too," he said. "They get statements on benefits from the office. If you're not informed, maybe you (retired players) don't want to be informed."
We had been depending on Gene and Doug Allen for 15 years or so to keep us informed, you know the NFLPA Retired Members, dues, etc….but now that Gene mention’s it we do want to be informed, and we want the truth.
My old teammates and numerous other retired players ask me to find out what is going on. They know that I know how to do research. I wrote a best selling investigative research book about my life and my career in the NFL and my NFLPA union battles that took four years to research and document. I am experienced at digging out the facts. The information Gene Upshaw claims is on the Web site is not. Nor is it in the NFLPA’s self serving drivel filled newsletters and he knows it.
Andre Collins told me, in the only phone call anyone from the NFLPA has returned, that “lobbying Gene won’t do any good, lobby the active players and plan administrators.” Just how does one do that Andre’? Are you lobbying for us? You are the Retired Players “something” aren’t you?
Collins confirmed the impression Gene Upshaw has his own agenda and it isn’t the best interests of the retired players. That is consistent with what I have learned through my research. I started my research in March after seeing the 1/16/06 Charlotte Observer article by Charles Chandler and I have miles to go. My research so far indicates Upshaw operates the NFLPA like the “Plantation” that Hillary Clinton, Newt Gingrich and other politicians have been pointing out lately about opposition parties.
27. According to the Dept of Labor's LM2 report forms Donavan McNabb was paid over $901,002 to be the Eagles Player Representative another Player Rep Corey Chavous was paid only $8,678. More Upshaw shenanigans? Is this $901,002 to McNabb a legitimate part of the NFLPA administrative expenses? Do the Members have a right to know where $901,002 of their union’s money went? I think they do, at least I want to be informed and I couldn’t find any explanation on the Web-Site or in the news letter. Was that $901,002 part of the $4,000,000 of McNabb’s compensation listed on the NFLPA’s Web-Site? A little hanky panky down on the Upshaw Plantation?
28. Throwing your $910,000,000 dollar weight around and rubbing elbows with your new “partners” Paul Taglieabue and your old Raiders owner Al Davis, while receiving accolades from Patriots owner Robert Kraft is pretty heady stuff for a guy with humble beginnings. Investment Managers, defense contractors, Indian tribes do their DC Lobby dance up “K” Street, some choreographed by Jack Abramoff, and Abramoff clones, to get rich powerful people such as Gene Upshaw to write checks like $702,692 to Investment Managers Neumeir Investment Co., and $500,921 to Legg Mason Capital Management, and $412,499 to Turner Investment Partners, never heard of them, bet that is an interesting story as to how they “lobbied” to get the NFLPA business, $393,012 to UBS Global Asset Management, $324,040 to Chartwell Investment Partners, and $412,499 to Turner Investment Partners a couple more little known names, and $309,844 to Pacific Investments MGMT Co., and $301,717 to Smith Barney, everyone knows Smith Barney, $280,773 to Brandywine Asset Management, Inc,?? and $193,081 to Callan Associates, and $96,078 to Western Asset Management Co. and a measly $44,050 to State Street Bank & Trust and $281,635 to Mellon Bank for being a trustee. Retired players being uninformed mushrooms who are hearing all the “Culture of Corruption” talk on TV and in the newspapers about “K” Street makes some of us very nervous knowing that the NFLPA address is only a block away on “L” Street.
You can see that amassing a $910,000,000 fortune to “manage,” to have the ability to move it around, deciding on which bank gets to leverage the cash 10 to 1 with Federal Reserve loans at prime, to make profits on home, and car, and business loans, is powerful stuff. It literally gives Upshaw $9 BILLION of what might be called political capital. Upshaw having the decision/influence over where the money is banked is very powerful leverage. If one were inclined one could negotiate secondary “unrelated” and “uncollateralized” loans and deals all over the country. Deciding which financial managers will get to manage various piles of the $910,000,000 is also a very powerful position to be in since those investment managers’ fees add up to $3,840,342 for just one past year.
As an example of what I am talking about in the above paragraph, (for my helmet to helmet damaged comrades). One might make a deal with a banker that if I put our $910,000,000 in your Pittsburgh bank you will get my brother-in-law, Al Capone a $1,000,000 or so no collateral loan, from one of your joint venture banks, for his garbage business in New York, won’t you?
If the assets available are actually paid out to the beneficiaries, as is the idea and sole purpose of the retirement plan, then the pile of cash won’t be as big and “We” (Upshaw and insiders) won’t be nearly as powerful as “We” are when “We” trap and hoard the money like “We” are now. “We pay $5 million a month in benefits…” is the type remark made by Mr. Upshaw, to Walter Rhoden of the NY Times 2/2/06 that needs to be remembered and thought about. NFL spokesman Greg Allieo repeated this “We pay $5 million a month in benefits…” to the Baltimore Sun. Upshaw’s rhetoric repeatedly displays a personal possessive attitude about the Retirement Plan assets intended for benefits to former players, but never paid out.
MLB pays out $6.7 million a month to 24% fewer beneficiaries than the NFL pays out to.
29. The Plan’s actuarial assumption of “Net Investment Return: 7.25%” was not quite met with $54.7 mil of investment income. ($54.7 mil divided by $841.7 mil net assets = actual 6.5% Investment Return.) This could be used as an excuse to move some of the money around to more “appreciative” investment managers.
Note: The financial information above came from Bert Bell/Pete Rozelle NFL Player Retirement Plan forms 5500. These are tax forms but they are available on the Internet from the Department of Labor not necessarily from the IRS.
30. Joe Montana, who quarterbacked the 49ers to four Super Bowl titles, said he has nothing against Upshaw personally, but believes the NFLPA needs new leadership. "The NFL is the worst represented league, on the players' side, in pro sports," Montana said.
(Howie) Long said it wouldn't take much out of the "big pie" to address retirees' financial needs, but he acknowledged getting the coffers open wouldn't be easy.
Said John Elway, who led the Denver Broncos to two Super Bowl titles: "There is plenty of money. All of it should not go to the players of today. We need to take care of the pioneers who came before us and made it possible for us to make all the money we do today."
None were misquoted and none have any reason to apologize to Upshaw.
31. The contemptible treatment of its retired players is no way “to build the image of the game and promote it to the benefit of players” as is another stated goal of the NFLPA. Below is carefully accurately edited information from the NFLPA web site copied on 4/7/06 about goals of the NFLPA
UPSHAW’S RETIRED MEMBER REPRESENTATION FRAUD?
Like about 3000 other retired players I have paid dues to the NFLPA Retired Players. My $50 dues (now $100) is mailed to the NFL Players Association 2021 L Street, NW, Washington, DC 20036 which is Upshaw’s office address. The Membership Renewal form I received in the mail says “I want to continue to support the NFLPA Retired Players through the payment of $100 annual dues.” The dues do more than just imply representation.
Gene Upshaw hired Andre’ Collins to be the Director of the NFLPA Retired Players and made a personal press release on the virtues of having hired Collins. Obviously Andre’ Collins is part of King Gene’s court and clearly is employed or fired at Upshaw’s whim. (Collins LM2 Dept of Labor report shows his salary is $81,377 for 2005.) This is wrong the Director of the NFLPA Retired Players should be an elected position, elected by the retired players not hired and beholden to Gene Upshaw who is himself hired by himself.
FOR “A CONTINUED VOICE IN YOUR UNION”, $100 DUES PLEASE
The 2004-2006 NFLPA Retired Members Directory on page 4 under a heading of NFLPA RETIRED PLAYERS DEPARTMENT, and “A Continued Voice In Your Union.” Sounds like an Upshaw promise that more than implies representation. It goes on to say “In 1984, the Retired Players Association was formed to provide an active voice in the organization (the union) for all former professional football players. Goals were set, local chapters were formed, and an agenda fitting the needs of former players was put into place. It went on to say “Our goals and objectives include: To increase the future pension and benefits for all players;” eight other goals were listed, they are all listed below.
To increase membership;
To establish more chapters;
To increase the future pension and benefits for all players;
To strengthen the formal line of communication between active and retired players;
To build a network of retired players for business contacts and second careers;
To build the image of the game and promote it to the benefit of players;
To raise funds for the Players Assistance Trust Fund (PAT);
To help facilitate the development of a professional athletes retirement center;
To develop and support youth education programs.
The 2004 copyright for that 2004-2006 NFLPA Retired Members Directory belongs to Upshaw’s National Football League Players Association. All rights reserved. That is the Players Association not the Retired Players Association owns the copyright on the content of this book advertising the Retired Players members promise of “A Continued Voice In Your Union.” …Voice in Your Union, …Voice in Your Union, …Your Union, …Your Union, …Your Union…
Your (our) voice is either represented by your (our) union or we are being scammed, conned into paying dues and at the same time danced around about representation that is being promised on one hand when it is convenient then being denied by Upshaw who says that he doesn’t represent the retired players and never will on the other hand.
Then on page 188 of the new 2006 CBA agreed to in March 2006, two months after disowning retired players the “former NFL players” are found to have been bargained for by Upshaw, et al obviously represented by Upshaw because it suited Upshaw’s dictatorial purposes.
From the current basic extended 1998 extended to 2011 Collective Bargaining Agreement: The following is a direct reference to bargaining for “former NFL players” which is of course representing retired players.
Section 3. Definition: For purposes of this Agreement, the term “Player Benefit Costs,” as also set forth in Article XXIV (Guaranteed League‑wide Salary, Salary Cap & Minimum Team Salary), means the aggregate for a League Year of all sums paid (or to be paid on a proper accrual basis for a League Year) by the NFL and all NFL Clubs for, to or on behalf of present or former NFL players, but only for:
(a) Pension funding, including the Bert Bell NFL Player Retirement Plan (as described in Article XLVII), the Pete Rozelle NFL Player Retirement Plan (as described in Article XLVII), the Bert Bell/Pete Rozelle NFL Player Retirement Plan (as described in Article XLVII), the National Football League Pre‑59er Special Benefit Program, and the Second Career Savings Plan (as described in Article XLVIII);
Page 189
(b) Group insurance programs, including, life, medical, and dental coverage (as described in Article XLIX or as required by law), and the Supplemental Disability Plan (as described in Article LI);
32. I am a MEMBER of the NFLPA as my black plastic Membership card says. Is it the NFLPA, or the 1984 Retired Players Association or is it a Department of the NFLPA? But Who speaks for whichever it is? Upshaw said emphatically that he does not represent the retired players on January 16, 2006. Then Upshaw says he “fought” for the retired players that he didn’t “represent.” The CBA uses the following phrase in discussing pension benefits “on behalf of…former NFL players.” Then Upshaw says “I have to be concerned with widows and survivors. I have to get them an increase.” ''Under law, the only ones I'm representing is active players,'' he (Upshaw) said yesterday during a telephone interview with Walter Rhoden from his Virginia home. ''But if you look at what I've done for retired players, it's like day and night.'' What the hell does that mean? Something to do with $14,451 average benefit? And which is it? Deliberately keeping the issue confused?
Dilemma, duplicity, mendacity are the right words. We need help from the government now to straighten this out.
There is also “Good Samaritan” litigation that could apply here where-by the “Good Samaritan” can not step in then step out at will to the detriment of the injured party, the retired players being affected detrimentally. If the injured party is bleeding to death you can’t step in put pressure on the artery stop the bleeding then decide you don’t like the injured party take your hand off and let him bleed to death.
33. Exempting the retired NFL players from Federal Labor Laws, so they can be represented by the players union (NFLPA) will resolve this 15 year+ representation dilemma. The 3.5 year average career means a 3.5 year union members life an anomaly in union characteristics. This constantly changing extremely short union membership life defeats the purpose of the union making control over union related funds easy for Upshaw and his NFLPA Mafia to manipulate. Continuing to retain Aon Consulting as the Plan actuary after Aon 2004 convictions on corruption charges while Aon’s CEO is an employer participant in the Plan, show’s Upshaw’s arrogant determination to perpetuate his mutually beneficial relationship with Aon and to stick it to the retired players. The anti-trust elements of professional football alone justify this exemption which will cost the taxpayers nothing and helps out a revered element of American heroes who built professional football working under slave contracts, brutal rules, using primitive equipment with inadequate medical policies and care but now are being treated despicably by their own Retirement Plan and the NFLPA while paying union dues but being denied promised representation.
All of you retired players and interested parties need to email, mail, and call Congressman Coach Tom Osborne (Redskin’s & 49ers player and revered Nebraska Coach), 507 Cannon HOB, Washington, DC 20525 Phone 202-225-6435 fax 202-226-1385 and Senator George Allen (Coach George Allen’s son) 204 Russell Senate Building, Washington, DC 20510 phone 202-224-5432 Fax 202-224-4024 and let them know how badly we need this legislation regardless of Gene Upshaw and the NFLPA’s objections.
Lifetime player contracts still prevent Jim Brown or any of the 64 Browns or any other retired NFL player of the era from endorsing a product or giving a program for orphans and widows in our old game jerseys. If Jim Brown wants to wear his Browns jersey #32 that he made so famous, that thousand of young running backs want to wear it, or use some film of him playing, for a program for young men in prison in his Amer-I-Can program, he can't. We have faced anti-trust violating monopoly practices all our careers. Pete Rozelle signed an endorsement contract with Coke for all the players while Jim Brown, Bobby Mitchell and others worked for Pepsi. We couldn't even have an attorney or agent represent us and there sure as hell was no free agency. We played under more violent rules, in inferior equipment, flimsy single and double plastic bar face masks, with lesser medical care, constantly playing hurt with concussions, suffering tons of broken bone, and cartilage in a helmet to helmet collision culture of get the extra yard, never run out of bounds unless you need to stop the clock. We endured the arbitrary anti-trust unfairness and played on and made the NFL successful because of our love of playing the game. A love of the game which was used against us every step of the way. Now we suffer the physical and mental consequences of the game. These are also good reasons for exempting the labor laws to allow the players union to represent retired players in this unique industry which affects no other industry.
No Gene Upshaw is not in favor of this legislation. He prefers having it his way, both ways with total control through his gang of 900 beholden agents. Ask yourself why?
34. Like most retired players, making an occasional fee from a speech or an appearance, I am mainly called upon to do things for free and I gladly do them.
Not a day goes by that I am not asked a question about my NFL career.
What was it like tackling Jim Brown in practice? Are players better today than when you played? What do you think of Terrell Owens antics? How about steroid use in the NFL? Did you get hurt playing? Are today’s players as tough as the players of your era? What was it like to play against Mike Ditka? Chuck Bednarik? How different are the rules today? Did you wear face masks? Did you really play in the NFL? Will you come by my son’s football practice? Could you talk to our youth league team? Can you come by the Boys Club and say hello to the kids? Do you have bad knees or other injuries that bother you today? What was it like to win a World Championship?
We spend the rest of our lives as good will ambassadors and promoters of the NFL. Although I tell people I played so long ago we used a real pig, it would feel nice to think we are appreciated enough to be honestly and fairly treated by our own retirement Plan. Average benefits below the poverty level from the most glamorous multi-billion dollar industry in America, the one that stands on our shoulders is adding insult to injury.
35. The retired player their widows and survivors would be far better off with the Government administering the Retirement Plan. It can’t get any worse than below poverty level benefits. On the other hand the Government will take an objective look at the plan and decide what fair benefits should be. If we are correct, they will at least triple benefits if not they will certainly improve substantially and we won’t have to deal with the arbitrary and capricious, Gene Upshaw and his $3 million a year of insults and arrogance.
At this point the widows and survivors would receive better benefits if the NFL Players Retirement Plan was terminated. The retired players can be sure that Upshaw will keep working on “insurance” and “service” schemes to siphon off the Retirement Plan funds into self serving scams that give him more control over an ever increasing cache of funds.
36. Retired players have never objected to including other retired players who came before them. My era 1959 to 1966 was happy when pre 1959 players were included and happier to see their pensions improved four times and the vesting years reduced to 4 years, such improvements are one of the main goals when we formed the NFLPA. Doug Allen Assist. Exec. Director, told ESPN in an article “The NFL Players Association, though, disputes any notion that it hasn’t or doesn’t continue to look out for long-time retirees, who also are members of the union. Doug Allen, the NFLPA’s assistant executive director (salary $447,811 plus wife’s $326,517 NFLPA salary), says the union expects to improve the old-timers’ benefits every time it negotiates an extension in the collective-bargaining agreement with the league “We have an obligation to remember the guys that built the game, and we can never forget that,” Allen said. “It’s in the culture of our organization and in the culture of the locker room. We use the mantra, ‘The past, the present and the future.’ Our players know that it’s important to keep updating the benefits, because some day that’s going to be them.” Tell that to your boss.
37. Half of today’s active players are typically young naive kids who have only been in the league for half of their 3.5 year average career, that is 1.75 years. How much spoon feed actuarial voodoo economics and “unfunded liabilities” fog and “the ungrateful old retired players are suddenly after your money” and look at “airline and auto industry pension business climate.” How does a kid in the NFL 1.75 years, with his agent, who is beholden to the Upshaw dominated NFLPA, whispering in his ear advising him to vote against the greedy retired players, their widows and survivors because Gene Upshaw says there isn’t enough money to go around and the money is coming out of your pocket. Then in another short 1.75 years that NFL kid becomes one of the “ungrateful” retired players that Upshaw is then protecting the next wave of naïve young active players from. Organized crime would be envious of Upshaw’s operation, a RICO racketeer would kill for it.
Membership turnover in the NFL players union at 3.5 years is unique in American union membership make up and should operate under modified labor laws. This uniquely short union membership career is more than enough justification to exempt the players union from applicable labor laws and to allow/force the players union to represent retired players.
The majority of union members 65% in America are between the ages of 25 and 64 that is a spread of 39 years. That is they are seasoned union members. 39 years is long enough to figure out which union officers are lying to manipulate them and which ones are representing them effectively. NFL union members average only 3.5 years that is obviously not long enough to figure out who of your leaders is lying to you and manipulating you for their own ends.
There are 1800 active NFL players at any one time and 900 NFLPA/Upshaw approved agents and 200 NFLPA/Upshaw hired employees. That is 1100 beholden disciples and goons who Gene Upshaw uses to manipulate a majority of 1800 uninformed naïve, some what disinterested active players, who care more about cars, houses, clothes, endorsements, motorcycles, concierge services and bling than retirement issues that they and their families will face 25 to 30 years in the future as enemies of Gene Upshaw’s NFLPA.
Union Membership: The Age Factor -- 1999
Age
Unionized Percent of Age Group
Median Weekly Earnings F/T Union Members
Median Weekly Earnings F/T Non-Union
Difference in Median Weekly Earnings
16 to 24
5.7%
$437
$335
$102
25 to 34
11.9%
$604
$506
$98
35 to 44
15.2%
$691
$594
$97
45 to 54
19.8%
$750
$617
$133
55 to 64
17.8%
$696
$582
$114
65 and over
8.1%
$616
$381
$235
Source: U.S. Bureau of Labor Statistics, 2000
Today’s active NFL players would be far better off with the guidance and advice of the retired NFL players who are a mirror image of their future needs after they leave Upshaw’s plantation and fall into his disfavor.
The day Upshaw called retired players “ungrateful” 1/16/06 for publication in the Charlotte Observer newspaper was a turning point, a tipping point as Nick Bonuconni called it. That “ungrateful” remark gave new meaning to his earlier threat to the retired players in his 11/15/05 letter. Upshaw said that “You might also consider whether criticizing the active players who doubled your pension is likely to get you a further increase.” I feel sure Upshaw, did not mean to, but he was saying he had nothing to do with getting the pension benefits doubled in 2002, that it was the active players who did it. It was not. It was the owners led by Art Modell who demanded it.
Of course he is deflecting the retired player’s criticism of him, the trustees, and actuary AON to the active players. There was no criticism of the naïve active players who don’t really understand what Upshaw is maneuvering them into.
Now 70% of those “active players” from 2002 are now retired players and wish they had quadrupled the pension amounts when they were active players and had the chance.
This unique short union life is a solid reason the labor laws need to be modified to allow/force the players union to represent retired vested players.
Upshaw uses the flawed example that pensions of normal unions are not increased after the members start drawing their pensions as if our NFL players union has the same characteristics as an auto or steel workers or airline union. Cost of living adjustments are not at all unusual. Other union members don’t wait 25 to 32 years before they start drawing their pensions, 3.5 years vs. 39 years of union membership have nothing in common and neither does the rarity of being 1 out of 20,000,000 in the world talented enough to make it in the NFL. The unique problems of the retired players and the NFL union requires a unique solution.
38. “Administration of the Plans The Retirement Plan and the Savings Plan are administered by the Fund Office in Baltimore, MD. Sarah Gaunt is the Fund Administrator. The Fund Office can be reached by calling 1-800-638-3186.
Doug Ell, an attorney with the law firm of Groom Law Group in Washington, DC, is counsel for these plans.
Bob Williams, whose firm, AON/Williams, Thacher & Rand in Baltimore, MD, is the enrolled actuary for the plans and the record keeper for the Savings Plan.
Players are represented on the Board of Trustees for the plans by three trustees who are former players: Tom Condon and Jeff Van Note - - both NFLPA past presidents -- and Len Teeuws, past president of the Retired NFL Players Organization. NOTE: Condon is Upshaw’s personal agent having negotiated his employment contract with the NFLPA a clear conflict of interest. Teeuw’s calls himself a “Consulting Actuary” but I can find no substantiating certification or endorsement in his home state of Indiana by any body or anywhere else except the NFLPA. Teeuw’s and Van Note are viewed as long time political hacks, always around the NFLPA especially at Hawaii meetings, conventions in resort locations, and Super Bowls, etc. In short Upshaw’s political hacks.
The NFLPA Benefits Department can help you with any questions concerning your benefits. The Benefits Department can be reached by calling 1-800-372-2000.
Player Benefits Post-Career Financial Plan
“Financial security for players during and after their football career is a goal of the NFLPA.”
STEP 4: Bert Bell/Pete Rozelle NFL Player Retirement Plan: The following Benefit Credits scale is from the previous Collective Bargaining Agreement.
Benefits Credits Retirement plan benefits are based on "benefit credits." Players earn a benefit credit for each credited season according to the following table. The amount of money a player will receive each month upon retirement at age 55 is equal to the sum of benefit credits for all of a player's credited seasons.
Credited Season
Benefit Credit
Before 1982
$200
1982 through 1992
230
1993 and 1994
240
1995 and 1996
285
1997
330
1998-final League year
425
Example: An Active Player for three or more games of the 1996 through 1999 seasons. His Benefits Credits total $1,465 ($285 + $330 + $425 + $425 = $1,465). The player will, therefore, receive $1,465 per month when he begins to receive his pension benefit at age 55.
Players may be eligible to collect a pension benefit beginning at age 55.
When a player retires or leaves the league, he will receive a letter from the NFLPA Benefits Department telling him what he is eligible to receive.
Note: 6.21.2006 This tiered benefit credit structure doesn’t make any sense. A season I played in 1964 is just as valuable to my team, the league and to me as any season played by any player in the 1970’s or 1980’s or 1990’s or 2005. That season in 1964 was certainly more damaging to me and my family than any player’s season in 2005. The stadiums were full 70,000+ every week in Cleveland and NFL TV ratings were the top of all markets. Look at the chart why is a season in 1964 worth $30 a month less than in 1985 or worth $85 a month less than a 1996 season or a 1996 season worth $40 a month less than a season played in 1999? Obviously they are not. This is another Upshaw NFLPA control device to manipulate the money allocated to the pension plan.
“The more corrupt the state the more numerous the laws” Cornelius Tacitus.
The more numerous the “sophisticated confusing” rules the safer the NFLPA incumbents and the more influential and controlling is the unnecessary layer of agents, mid-level NFL management who devour 15% to 20% of league income.
39. Mellon Bank wrote 3,000 monthly pension checks in 2002. By 2005 the number of monthly checks the bank was writing was up to 3,500 and slightly more in 2006. That is a gain of only 125 recipients per year. Widows and survivors are included in those 3,000 & 3,500 totals. Those listed as “Deceased participants whose beneficiaries are receiving or are entitled to receive benefits” rose from 331 in 2003 to 346 in 2005. Upshaw talked to Walter Rhoden of the NY Times 2/2/2006 in an article about increasing retired NFL player’s pensions. Upshaw said “I have to be concerned with widows and survivors. I have to get them an increase.” This magnanimous Upshaw statement of “concern” twists the fact that the below poverty level benefits for widows and survivors are the result of below poverty level benefits paid their dead husbands before they died.
The solution to the widows and survivors below poverty level benefits was and is to increase the retired player’s benefits from the $14,451 average to a plan affordable $50,000 a year before their husbands and fathers die. The cost of living is not going down and will not in the future.
In this 2/2/06 article Upshaw tells the NY Times that he doesn’t represent their dead husbands/fathers but he does “have to be concerned with widows and survivors” therefore “WE” can’t afford to give the living retired players an increase in retirement benefits. Typical Upshaw non-sensical double talk.
“Each team is paying nearly $15 mil a year for player benefits, which has increased from $4 million in 1993.” This according to the NFLPA Audible page 2 March 2006 issue.
40. Upshaw is undermining the purpose and intent of the NFL Players Retirement Plan and in my opinion and others is violating the plan documents by diverting the employer contribution intended for the Bert Bell/Pete Rozelle NFL Player Retirement Plan to personal pet projects. Upshaw is high-jacking the employer contribution with “insurance” schemes from Rob Williams/ Aon Consulting and probably others. Upshaw is diverting those funds to new Taft Hartley Benefit Plans that exclude current retired players, which violates the non-reduce non-freeze restriction placed on Upshaw and the NFLPA by the NFL owners.
The employer contribution has been made from the beginning for the purpose of funding the Bert Bell/Pete Rozelle NFL Player Retirement, and the Supplemental Disability Plan document states “The Retirement Board intends to continue the Retirement Plan as described in this booklet indefinitely” and the purpose of the Plan Assets: “ No assets will be used for any purpose other than to pay benefits to Players (or their families, beneficiaries or Dependents), or to pay the costs of administering the Retirement Plan.” Page 28 Retirement Plan Booklet.
Upshaw seems bent on destroying the Bert Bell/Pete Rozelle NFL Player Retirement Plan and is setting up new Taft Hartley Benefit Plans to divert funds from the Bert Bell/Pete Rozelle Plan that restricts his control to “reduce or freeze benefits” to other accounts that allow him to do whatever he wants with the money.
Note: I was told again that Rob Williams/AON Consulting our plan actuaries came up with the "social security option" scheme that duped 325 NFL players into winding up with $122 a month at age 62.
41. Upshaw’s NFLPA does not have the unilateral right to “reduce or freeze” the benefits under the Bert Bell/Pete Rozelle NFL Player Retirement Plan…so he is trying to divert the employer contribution to insurance schemes and concierge type services that he has more control over and the government has less ERISA type interests in.
From the collective bargaining agreement published on the NFLPA Web Page,
page 187 Article XLVL Player Benefit Costs
Section 1. (a) General Right of Reduction: The NFLPA will have the unilateral right to reduce or freeze each separate and individual Player Benefit Cost and the applicable benefit, with the exception of (1) benefits under the Bert Bell/Pete Rozelle NFL Player Retirement Plan, (2) benefits under the Supplemental Disability Plan, and (3) post‑season pay (although the NFLPA will have the unilateral right to direct that post‑season pay will not be increased), in a League Year, if such right is exercised on or before April 15 of such League Year. However, such action cannot reduce total Player Benefit Costs below seven percent (7%) of Projected Defined Gross Revenues, as defined in Article XXIV (Guaranteed League‑wide Salary, Salary Cap & Minimum Team Salary), and Player Benefit Costs required by law cannot be reduced.
Does that mean 7% of roughly $6 billion? Wouldn’t that be $420 million? Or nearly $15 million per team for player benefits or am I looking at this wrong? The Audible says “nearly $15million per team” is this clause confirming that? I’ll have to study this further.
42. That includes unilaterally reducing or freezing retirement benefits by diverting the employer contributions intended for the Bert Bell/Pete Rozelle NFL Player Retirement Plan to cash trapping insurance and other schemes that exclude 90% of the Bert Bell/Pete Rozelle NFL Player Retirement Plan beneficiaries.
The contract clause preventing the NFLPA (Gene Upshaw) from unilaterally “reducing or freezing” retirement benefits shows that the intent of the plan’s principals was to continuously increase retirement benefits as the NFL succeeds. It also demonstrates their fear that Upshaw’s NFLPA would not carry out the originally agreed intentions.
The owners obviously felt the need to protect the retired players from Upshaw and the NFLPA under him, and did so with this no unilateral “reducing or freezing retirement benefits” clause. Upshaw did not put the restrictions on himself.
The owners have also restricted Upshaw saying he “cannot reduce total Player Benefit Costs below 7% of Projected Defined Gross Revenues, as defined in Article XXIV…, and Player Benefit Costs required by law cannot be reduced.” As I said above this 7% needs to be calculated and included here and that will be done as soon as I get time to do it.
Upshaw is proving as treacherous as the owners anticipated in the CBA. Upshaw is proposing to increase the benefits of the older players by minimal amount, 20% to meet the letter of the non-reducing or freezing clause while he screws the retired players who are justly critical of him. Upshaw has recruited a special 20% squad to help his agent/employee Mafia force the retired players to accept this disgraceful benefit increase so he and his Aon partners can play with the rest of the $400+ million of player benefit funds. In the end I don’t think the owners or the government are going to let him.
43. Upshaw took two seeming positive actions of good will on behalf of retired players but both turn out to be owner anticipated checks and balances restraining him.
1. He took credit for increasing the Retirement Benefits by double in 2002. The truth is it was not Upshaw but the owners who insisted on the increase to all the retired players or they would not increase their employer contribution from $23 million in 2001 to $43 million in 2002. It was the owners led by Art Modell who initiated this benefit increase for retired players not Upshaw.
2. In March 2006 in Hawaii Kyle Brady Jacksonville Jaguars tried to amend the new 2006 CBA to cut off (freeze) increasing benefits for those who played before 1977. Upshaw in seeming good will toward the players who played before 1977 introduced an amendment that passed, that benefit increases include all retired players. Upshaw’s good will had nothing to do with it. The CBA prohibits the NFLPA from “reducing or freezing Bert Bell/Pete Rozelle NFL Player Retirement Plan benefits.”
List of services: NFL Europe, Concierge, 5th Quarter, Youth Football,
44. From the current basic extended 1998-2011 Collective Bargaining Agreement: The following phrases “on behalf of…” “…former NFL players” are a direct reference to Upshaw representing retired players as part of the bargaining unit.
Section 3. Definition: For purposes of this Agreement, the term “Player Benefit Costs,” as also set forth in Article XXIV (Guaranteed League‑wide Salary, Salary Cap & Minimum Team Salary), means the aggregate for a League Year of all sums paid (or to be paid on a proper accrual basis for a League Year) by the NFL and all NFL Clubs for, to or on behalf of present or former NFL players, but only for:
(a) Pension funding, including the Bert Bell NFL Player Retirement Plan (as described in Article XLVII), the Pete Rozelle NFL Player Retirement Plan (as described in Article XLVII), the Bert Bell/Pete Rozelle NFL Player Retirement Plan (as described in Article XLVII), the National Football League Pre‑59er Special Benefit Program, and the Second Career Savings Plan (as described in Article XLVIII);
Page 189
(c) Group insurance programs, including, life, medical, and dental coverage (as described in Article XLIX or as required by law), and the Supplemental Disability Plan (as described in Article LI);
(d)
45. Page 5 2006 CBA Extension Term Sheet: “New benefits to be spent on benefits determined by the NFLPA, including a medical savings plan. Increases in existing benefits (e.g., postseason pay, preseason pay, preseason per diem, etc.), to be agreed to consistent with previous increases. All new benefit plans to be administered by a Taft-Hartley trust. The NFLPA will have a seat on the existing insurance trust board.”
The above contract stipulation about “Increases in existing benefits to be agreed to consistent with previous increases” means to me to double the pension benefits to be consistent with the previous increases.
These are even greater restrictions on Upshaw/NFLPA in addition to not being able to reduce or freeze benefits the increase must “be consistent with the previous increases.” 20% is not consistent with previous increases.
That’s not so difficult to understand.
What “All new benefit plans…” meaning Aon schemes. Has AON/Rob Williams/Upshaw have cooked up several new benefit plans they haven’t sprung on the active players yet?
What “insurance trust board” are they referencing. Sounds like AON/Rob Williams/Upshaw have created a cash trapping insurance Mecca for themselves.
46. The employer contribution is not given as a “gift” to Gene Upshaw by the NFL owners to be used any way he wants to use it. The employer contribution has historically been made to fund the Bert Bell/Pete Rozelle NFL Player Retirement Plan and the Supplemental Disability Plan. Diverting the Retirement Plan funding is underhanded and immoral, if not illegal and a violation of the owner implemented “non-reducing or freezing” CBA clause.
Since no one else is looking out for them the retired players must ask the government to guard against Retirement Plan administrators altering with unannounced, unpublicized, secret amendments to the Plan Document, particularly any amendments made after the fact. Not that any Plan trustee or administrator would be that underhanded, and it would probably be illegal if anything is backdated to justify an action that costs the retired players additional funds. One would not have to worry about such things except that Upshaw appears to be running the NFLPA and the NFL Player Retirement Plan at his whim as a $3 million a year dictator with secret police type Gestapo of 900 agents without having to answer to the Retirement Plan beneficiaries even though his control over the trustees and his collusion with Aon should classify him as a Plan fiduciary personally responsible to the beneficiaries.
There is and undated Amendment appearing to offer a new Social Security option deal undated that comes with the Bert Bell/Pete Rozelle NFL Player Retirement Plan “document” with a notation below that title that says “Plan Amended and Restated April 1, 2001”, an appropriate “April Fool” date, Amendments such as a $90,000 limit on benefits and Amendments alphabetically listed A thru X made Sept 20, 2005 that probably have not been seen by 50 of the thousands who are affected by them.
47. The owner initiated CBA clauses include the Upshaw/NFLPA not unilaterally reducing or freezing retirement benefits by diverting the employer contributions intended for the Bert Bell/Pete Rozelle NFL Player Retirement Plan to cash trapping insurance schemes that exclude 90% of the Bert Bell/Pete Rozelle NFL Player Retirement Plan beneficiaries.
The contract clause preventing the NFLPA (Gene Upshaw) from unilaterally “reducing or freezing” retirement benefits shows that the intent of the plan’s principals was to continuously increase retirement benefits when funds become available. One might call that a voluntary but legal obligation by NFL owners to continue increasing Plan benefits. It also demonstrates the owners fear that Upshaw’s NFLPA would not carry out the originally agreed plan intentions. At times sorting through these issues I begin to think Upshaw has a dark strategy to destroy the Bert Bell/Pete Rozelle NFL Players Retirement Plan.
The owners and their expert advisors obviously felt the need to protect the retired players from Upshaw and the NFLPA under him, and did so with this no unilateral “reducing or freezing retirement benefits” clause.
Upshaw is proving to be a more treacherous problem than the owners anticipated in the CBA.
A hurricane of cash is swirling around today's NFL and a fantastic financial future lies ahead. It seems illogical to have created a business climate where retired players are in fear that if the CBA allowed it, Gene Upshaw's NFLPA insiders would reduce or freeze retirement plan benefits for pioneer players as Player Rep Kyle Brady proposed doing in Hawaii in March 2006.
Kyle Brady is a ten year veteran receiver (salary $655,000) who will soon be a retired player, soon to have one of Upshaw’s targets on his back.
In essence the owners told Upshaw1) we are not going to let you reduce the retired player’s benefits and 2) we are not going to let you freeze the retired player’s benefits. We the owners have left you only one alternative; that is we the owners want you to increase the retired player’s benefits each time you have the opportunity using the money from our employer contribution. Upshaw still doesn’t get it.
48. HOW DOES THE UNION WORK?
Note: The diagram below is how the NFLPA says it works. I don’t see any reference to the funding of the Bert Bell/Pete Rozelle NFL Player Retirement Plan or the Supplemental Disability Plan.
I don’t see in this “How the Union Works” diagram from the NFLPA where or exactly with whom Upshaw’s agent Tom Condon might have negotiated his $3 million a year contract. If the Board of Player Reps don’t elect Upshaw each year does that mean his contract ends at that point or does he collect through 2008?
“Player Members on each NFL team elect both a Player Representative and an Alternate Player Representative to serve on the Board of Player Representatives. The NFLPA works from the bottom-up. All power and authority to do anything in the NFLPA comes from the Board of Reps-who are elected by the player members.
BOARD OF PLAYER REP
NFLPA President
Executive Director
Executive Committee
NFLPA Staff
The Board of Player Reps meets at least once a year, and makes all of the important decisions for the organization. For example, the Board:
* sets annual membership dues;* adopts an annual budget;* elects a President and ten Vice-Presidents for two-year terms;* elects an Executive Director;” (Note: ? Upshaw has a $3 mil a year contract thru 2008. Is that cancelled if they do not re-elect him? Or do they have to pay him off?)
“* drafts and implements regulations governing the agents and the maximum fees they can charge players;* authorizes safety and turf studies;* negotiates for post-career insurance;* negotiated for a 401k plan and player annuity program.
HOW DO I VIEW PDF FILES?
If you are unable to view reports that are in PDF format, chances are that you do not have the Adobe Acrobat Reader. This tool is free to download from Adobe.
WHAT IS THE ROLE OF THE PLAYER REPS?
In addition to serving on the Board of Rep, the Player Rep (and the Alternate):
* collect membership dues or check-off cards from their teammates;* help teammates with grievances and fine appeals;* collect group licensing authorizations from other team members;* act as spokesmen for the organization on their team and in their local communities;* bring important issues to the full Board for action”.
Authors Note: After doing the research and giving the situation a good deal of thought the conclusion has to be that the NFLPA is operated as Gene Upshaw’s dictatorship. The NFLPA is little more that Upshaw’s Fiefdom. Upshaw seems to be trying to isolate the Bert Bell/Pete Rozelle NFL Player Retirement Plan and replace it with a series of lesser regulated cash trapping insurance, investment, and service scams.
The Emperor has no clothes on.
Guys, email me if these things aren't clear. It is hard to write them concisely. The issues like the NFLPA can not "reduce or freeze benefits" clause convinces me that owners Art Modell, Bob Harland(sp), Jerry Jones, Rooney, Bidwill, Hunts, Maras, and others concerned owners are key to the retired players being treated as well today as they intended and the CBA shows it. They have consistently expressed their appreciation of the pioneer players while Gene Upshaw has done the opposite.
The idea that Upshaw’s agent and two of his entourage are looking out for our retirement plan interests as trustees is ridiculous. Len Teeuw’s an NFL Player Retirement Plan (players) trustee calls himself a “Consulting Actuary” but a search of Actuarial certifications in his home state of Indiana and nationally does not reveal any such certification as a “Consulting Actuary,” perhaps it exists, but a Google Search, a Yahoo search and other searches reveal no professional certification of Teeuws as a Consulting Actuary except to Gene Upshaw on your NFL Player Retirement Plan. I am still looking.
Note for Paragraph 38.: Note: Upshaw’s idea of “Financial security” for retired players is $14,451 a year while he collects $3 million a year.
There is far too much power vested in one individual in the NFLPA.
Actions either under consideration, being planned, or under way by some of the 100’s of retired players I have been in contact with, some of which have already been initiated.
1. Petition the government take over and administer the Retirement Plan.
2. NLRB or Justice Department resolving the representation dilemma.
3. Exemption from the labor laws to allow the players union to represent the retired players. Senator George Allen and Cong. Tom Osborne.
4. ERISA or IRS resolve the Tom Condon conflict of interest issue.
5. ERISA or IRS resolution of hoarding of Retirement Plan assets available for benefits rather than paying them to the retired NFL players as is the intent of the Plan.
6. RICO Upshaw-Tagliabue partnership including disability defense deal, 900 agents steering 1800 players for Upshaw, AON/Rob Williams insurance schemes, Retirement Plan funds manipulation.
7. Class action suit over the pension issues and representation issues of 3500 retired players paying dues for representation for over 15 years.
8. A case for reverse discrimination may also be made.
9. Audit of Player Assistant Trust by DOL, IRS and or Justice Department.
10. Boycott Hall of Fame events to protest retirement plan inequities or use it as a platform for highlighting retired players issues expressing retired players opinions about the miserable way retired players are treated.
11. Demonstrate, picket stadiums on game days to bring retired players issues to attention of the fans.
12. File declaratory judgment suit on representation issues.
13. Work to decertify NFLPA as a labor union then file anti trust suits.
14. Cancel retired player’s contracts with NFLPA’s Pro Players Inc. Demand an accounting of Pro Players Inc. income and expenses.
15. Congressional hearings on NFLPA rackets, insurance schemes, services schemes, 900 man goon squad-agents control of young (3.5 year) short careered naïve players by Executive Director Gene Upshaw.
16. File fraud suit on false promise of representation by Upshaw and 15 years of dues plus damages.
17. Anti trust treble damage suit against NFLPA and NFL by unrepresented retired players has also been mentioned.
Here follows a list of Upshaw/AON/Rob Williams initiated cash trapping insurance schemes 1) diverting $30 million to a new Medical Savings Plan from the employer’s contribution to the Bert Bell/Pete Rozelle NFL player Retirement Plan. There is also a 2) NFL Second career Savings Plan, 3) An NFL Player Annuity Program, 4) An Injury Protection Benefit, 5)A Line of Duty Disability Plan, 6) A Total and Permanent Disability Plan, 7) Active Football Disability Plan, 8) An Active Non-Football Plan, 9) A Football Degenerative Disability Plan at age 45 or 12 years after retire, 10) NFL Europe Internship Plan, 11) High School Coaching Summit, 12) NFL Business Management Program, 13) The Fifth Quarter Game-plan: “For Players by Players”, 14) Professional Athletes Foundation, 15) NFLPA Player Development, 16) Players, Inc., 17) The NFLPA (2005) now required Agents to purchase liability insurance in relation to their income. Does AON/Rob Williams sell this type insurance? 18) Performance Based Pay Pool, 19) Identity Theft/Fraud, 20) Financial Advisors, 21) Friends and Families Trusts, 22) NFLPA Financial Advisors, 23) USA (youth) Football, 24) Concierge Service.
AON/Rob Williams Sets up 25) 401K plans for active players and is therefore in direct competition for the dollars that are either going into 401K’s or into the Bert Bell/Pete Rozelle NFL Player Retirement Plan. AON got paid $492,951 in 2004 for its actuarial services that allow Upshaw to trap and hoard the funds put there by the employers to be paid to retired players in benefits.
The Kirk Wright, International Management Associates case is a case in point. Kirk Wright’s IMA was listed as one of seven NFLPA endorsed investment firms on the NFLPA web site. Gene Upshaw and Kirk Wright are personal friends and Upshaw should be held directly responsible for this NFLPA fiasco.
In case you missed it elsewhere here is an NFLPA investment service recommendation that has gone bad: “Former Denver Broncos safety Steve Atwater and other players have suedthe National Football League and its players association the NFLPA forrecommending a crooked hedge fund manager without adequate backgroundchecks. So reports the Rocky Mountain News. In a June 23 lawsuit, filed in federal court in northern Georgia, theplayers say they invested about $20 million in funds offered by KirkWright, head of International Management Associates, based on theendorsement. They say the NFL Players Association's financial adviserprogram failed in its mission to protect them. A spokesman for the NFL says their claims are "unfounded and withoutmerit." Wright was recently arrested at a Miami hotel. He has been charged withfraud for allegedly concealing huge losses from investors after raisingup to $185 million. According to court papers, not much of that moneyis left. The players say Wright and a partner had tax liens and judgmentsagainst them, and Wright did not have proper insurance coverage. Courtpapers say onetime Pro-Bowler Blaine Bishop asked an NFL official inmid-2004 to conduct a background check, but the league said there were“no warning signs of potential problems.” Are the NFLPA schemes beginning blow up in their faces? Here are the punch lines from the Atlanta Constitution “In choosing IMA, he also relied on the NFL Players Association, which prompted in part by the Lukens scam, had initiated a Financial Advisors Program. A study by the union found 78 players defrauded out of at least $42 Million in the 3 years leading up to the programs launched in 2002. Several hundred financial planners registered with the union, which listed them on the NFLPA Web Site. One was Kirk Wright. I thought the NFLPA wouldn’t have had IMA on their list of registered player financial advisors if IMA weren’t legitimate,” Atwater said. Individual advisors fill out an application with the union and undergo a “not too detailed” background check, according to NFLPA spokesman Carl Francis.“There is only so much control we have,” said Francis, who described the service as benefiting both players and advisers. He said Wright’s name had been dropped from the list when the scandal broke because he had not reapplied for inclusion.” Note: Sounds like something Upshaw would say “reapplied for inclusion.” Sounds as if Kirk Wright had reapplied the NFLPA would still be listing his name and company.
Another article cites further complaints about how the NFLPA handled this investment program "The NFL and The Players Association dropped the ball," Bishop said. "They were supposed to conduct thorough background checks on IMA. Apparently this did not happen as there were a number of tax liens and judgments against both Wright and Bond. A number of those liens and judgments preceded their registration in the program and preceded my specific request to NFL for a background check of IMA. I also find it absurd that the Players Association accepted Wright's personal liability insurance as adequate to protect us from fraud. This is totally unacceptable." While this scandal hits the fan Upshaw is conveniently on vacation in Europe now according to the July 2, 2006 Baltimore Sun. The Department of labor Inspector General (OIG) is in charge of labor racketeering investigations below is a quote from the OIG.
“Over the past two decades, the OIG has conducted extensive criminal investigations of labor racketeering. Traditionally, organized crime has been involved in loan sharking, gambling, benefit plan fraud, violence against union members, embezzlement, and extortion. OIG investigations have uncovered millions of dollars of workers’ dues and benefit monies that have been siphoned off by organized crime through embezzlement or more sophisticated devices such as fraudulent loans or excessive fees paid to corrupt union and benefit plan service providers. Our investigations continue to identify complex financial and investment schemes used to defraud pension assets, resulting in millions of dollars in losses to plan participants.” 6/30/2006
Below is a list of some of those who agree with the contention that the retired players, their widows and survivors below poverty level $14,451 average benefit is disgraceful and should be increased in proportion to the funds available for benefits which are at least $900,000,000 and in any case far more than Gene Upshaw claims:
Marcus Allen RB L.A. Raiders, Chiefs 2003
Bobby Bell LB, DE Chiefs1983
Elvin Bethea DE Oilers2003
Joe DeLamielleure G Bills, Browns2003
John Elway QB Broncos2004
Deacon Jones DE L.A. Rams, Chargers, Redskins1980
Leroy Kelly RB Browns1994
Howie Long DE Oakland/L.A. Raiders2000
Ronnie Lott CB, S 49ers, L.A. Raiders, Jets2000
Joe Montana QB 49ers, Chiefs2000
Lenny Moore F, RB Baltimore Colts1975
Joe Perry FB 49ers, Baltimore Colts1969
Randy White DT Dallas1994
Chuck Bednarik Eagles
Larry Csonka, Miami Dolphins
Marv Fleming, Dolphins and Packers
Conrad Dobler, Cardinals
Bill Curry, Baltimore Colts
Baltimore Colts Alumni
1964 Browns LLC (Cleveland Browns)
1972 Miami Dolphins LLC (except for Dick Anderson)
Ordell Braase Jim Mutscheller Mike Pyle Pete Retzlaff
Pres. NFLPA Player Representative Pres. NFLPA Pres. NFLPA
1964-1965 1967 1962-1963
Pro-FAC Committee Members
Raymond Berry, Colts
Tommy McDonald, Eagles
Gino Marchetti, Colts
Art Donovan, Colts
Jon Arnett, Rams
Lenny Moore, Colts
Bruce Laird
Alex Sandusky
Mike Ditka, Da Bears
Joe Schmidt, Lions
Willie Davis, packers
Ken Bowman,
David Robinson
Chuck Mercein
Gale Sayers
Ronnie Bull
Rick Casares
Doug Atkins
David O’Brien
Eddie Meador
Pat Richter
Milton Plumb
Conrad Dobler
Marlin McKeever and Southern California NFL Alumni
Eddie Kahyat
Ron Mix
Nick Buoniconti
Mike Lucci
Ross Fitchner
Cliff McNeil
Vince Costello
Jim Houston
Monte Clark
Walter Beach
Butch Byrd
John Brewer
Bobby Franklin
Todd Christensen
Abner Haynes
Charlie Waters
Preston Carpenter
Lewis Carpenter and many others except for Ray Schoenke and Dick Anderson.
Bernie Parrish 352-378-6348
APPENDIX A: caused by a telephone conversation with Mike Pyle.
There are no other plan characteristics listed anywhere in the Forms 5500
for either the NFL Plan or MLB's Plan. They are identical 1B & 1G
From the Dept of Labor Forms 5500 the Bert Bell/Pete
Rozelle NFL Player Retirement Plan (also MLB's) page 2 item 8a Pension benefits
Characteristic codes. 1B 1G
Pension
Form 5500
Defined Benefit Pension Features
1B Benefits are primarily flat dollar (includes dollars per year of service)
1G Covered by PBGC- Plan is covered under the PBGC insurance programs (ERISA Section 4021)
Mike Pyle; On the Internet you or anyone will find:
on page 2 of 2003 form 5500 line 8a List of plan characteristics code 1B 1G
Go to page freeerisa/5500/InstantView.asp?mainID=8042521
Then go to 1B and 1G and it will tell you that it is a "defined benefit" plan. I am rechecking it again but it is easily done.
2003
Page 2, line 7b says "retired or separated participants RECEIVING benefits 2,283
line 7e gives the Deceased participants etc 331
Total 2,614
2004
Page 2, 7b is “retired or separated participants RECEIVING benefits” 2,344
7e is “ deceased participants entitled to receive benefits” 346
Total 2,690
These numbers are not exactly consistent with the Mellon Banks 2002 news release of 3,000 benefits recipients and their telephone information to me that in 2005 they were mailing out 3,500 monthly checks. This should be checked out and squared with the facts, under oath.
Mike, I didn't remember you saying your AON friend was a Bears owner but you did tell me that before, now that you jogged my memory. Do you do any insurance business with the Bears? I only ask because it seems a conflict. An NFL owner's company functioning as the plan actuary seems a bit suspect in conflict too doesn't it?
The Abram et al Financial Statement, the March 31, 2005 audit on page 9 Item F. Accumulated Plan Benefits takes into account
(1) Accumulated plan benefits are those estimated future periodic payments, including lump-sum distributions that are attributable under the Plan's provisions to the credited seasons players earned through the valuation date. March 31, 2005. Accumulated plan benefits are expected to be paid to: (a) retired and vested inactive players or their beneficiaries, (b) beneficiaries of players who have died, and (c) present players or their beneficiaries. Benefits payable under all circumstances (retirement, death and disability) are included to the extent they are deemed attributable to service rendered to the valuation date.
(2) Benefit payments to participants are recorded upon distribution.
And after considering (1) and (2) above auditor Abrams et al’s bottom line is STILL:
"Net assets available for benefits: End of year = $841,761,127"
The SUMMARY ANNUAL REPORT says in paragraph 3, "The value of plan assets, after subtracting liabilities of the plan, was $841,761,127 as of March 31, 2005."
Ms Hinsen of auditors Abrams et al told a political science professor from Wayne State University who called on our behalf that "net assets available for benefits" meant just what it says. There are assets (cash, investments, etc,) that are available to disburse as benefits. There are no unfunded liabilities that need to be offset against them in order to understand this number. This is what the Plan has on hand to pay benefits."
Two calls later Ms Hinsen told me testily that "No the plan is not under funded." I explained to Ms Hinsen we were only calling to verify things because we were being told these lies by people from the NFLPA who should know better. She said she was going to call them.
Our March 31, 2005 Plan Financial Statement, page 9, paragraph D closes with “The contributions meet the minimum funding requirements of ERISA.”
Mike my favorite philosopher longshoreman Eric Hoffer said "To most of us nothing is so invisible as an unpleasant truth. Though it is held before our eyes, pushed under our noses, rammed down our throats- we know it not."
Mike you wrote, “In my opinion the most egregious error in the NFL Pension Plan management is the total lack of actuarial consideration of the unusual fact that a vested player does not begin receiving his pension for 25 years, on average.” Now you tell me this is not true. Since I have made no calculations in my analysis that would change anything of significance because of this NFL peculiarity it doesn’t really matter except that people need to be told about the correction. But the 25 year wait before the average retired player starts receiving his pension is correct and is a unique feature for our pension plan and must be in the equation.
How much can the Bert Bell/Pete Rozelle NFL Player Retirement Plan legally pay out in benefits?
On IRS-Dept of Labor form 5500 page 4, of schedule H, line K the question is asked “Were all the plan assets either distributed to participants or beneficiaries, transferred to another plan or brought under the control of the PBGC? The NO box has an X in it; the YES box is unmarked. PBGC is the Federal government’s insurance program for when pension go bust.
The fact that the question is asked, indicates that the plan assets could legally be 100% distributed to beneficiaries. Because it is a YES or NO answer it indicates that it is common for retirement plans to distribute “all the plan assets” to beneficiaries. Because it is part of the report on this Plan one might assume that a YES answer would not have been terribly unusual.
The form does not even say, if YES explain. Therefore one can conclude that it would not be out of the ordinary to pay out in benefits all the assets of a plan, our plan, or any similar plan.
From a treatise on ERISA on retirement plan reports to beneficiaries one of the main points is that:
Ambiguities go in the retired players favor.
In construing benefits plans, ambiguities are construed in favor of the participants of the plan.44 In insurance-based plans, common law established the rule of contract construction known as contra pro ferentem. This term describes the concept that the construction of written documents requires that an ambiguous provision be construed against the person who selected the language.45
This means that since the NFL and the NFLPA selected the language vs. us, the retired players the beneficiaries ambiguities will be ruled in our favor.
These observations are from:
ERISA LITIGATION FUNDAMENTALS c 1996 Robert Armand Perez Sr. All rights reserved.
The interview
Applicable Law
Fiduciary
Federal Statutory Relief
Jurisdiction
State Law Preempted
Plan Document
Due Process and Exhaustion of Administrative Remedies
Judicial Review
Standards of Judicial Review
Equitable Remedies
Federal Common Law
Attorney's Fees
The Right to a Jury Trial
Extra-Contractual Damages
Managed Care Preemption
Escaping Preemption
Class Actions and Breaches of Fiduciary Duty
Future Developments
Conclusion
Notes
If anyone has any corrections or helpful information to add to this please email it to me so we can get it out to as many other retired players, active players, owners, fans, and the media.
An ambiguous clause in the Bert Bell/Pete Rozelle NFL Player Retirement Plan's governing untitled “document” Amended And Restated As of April 1, 2001, Article 3, Contributions 3.1 Contributions. For each Plan Year…a contribution to the Trust will be made by the Employers…as actuarial determined to be necessary to fund the benefits provided in this Plan based on actuarial assumptions and methods contained in Appendix A. Effective March 1, 2002, contributions will be made only to the extent they are within the deduction limits of Code 404 for the Plan Year for which they are made…Contributions will be used exclusively to provide benefits and to pay expenses. (Note: This March 1, 2002 amendment needs to be researched, and it will be.)
Since the above is the Plan’s contract document, then how can the employer contribution be determined in the CBA before the Retirement Plan benefits are determined? The amount of the increased benefits have yet to be determined by the active players vote. When retired player’s benefits are increased, as they must be under the CBA, the employer contribution will be higher in proportion to how much those benefits are raised (not reduced or frozen). How did Upshaw know the amount of and be able to set the employer contribution in the CBA, ahead of benefits being raised an unknown amount, if collusion isn’t involved? If it isn't collusion what do |
