Retired Players and the NFLPA

by Robert Janis - 03/24/06

Human nature is .... well, human nature. There are those of us who are reluctant to part with too much and there are those of us who need more. What is the happy medium?

On January 15, 2006 the Charlotte Observer published a story titled:
Ex-Players Say NFL Neglects Them
(http://www.charlotte.com/mid/charlotte/sports/football/nfl/carolina_panthers/
13630771.htm
). Written by Charles Chandler of the Charlotte Observer and a member of the Pro Football Hall of Fame Selection Committee, the article quotes NFL Hall of Famers' on their concerns that the National Football League Players' Association has failed to provide adequate benefits for retired players.
Chandler interviewed Howie Long, Joe Montana, John Elway, Ronnie Lott, Marcus Allen, Joe DeLamielleure, Randy White and Deacon Jones. They expressed their dissatisfaction specifically with the pension and healthcare benefits.

Recently, I extended that reservoir of sources to include former Redskins players Jim Steffen, George, Izo, Billy Kilmer, Brig Owens, Len Hauss, and Joe Jacoby.

Players Talk
Jim Steffen had a seven year career in the National Football League during the 1960s. He played for the Detroit Lions and Washington Redskins. The Redskins traded him to the Dallas Cowboys but he never played for the Cowboys because of injuries. He explained that when he was playing a retired player had to have at least five years of playing time in the National Football League to qualify for the pension. Players were encouraged not to take money out of the pension plan until they were 65 years old. Steffen started taking money out when he was 45 years old. "We didn't think we would live to the age of 65," said Steffen, "So many of us reached into the pension early." Steffen said that he initially got $465 a month. However, he added that the longer one took from the pension plan the lower the monthly payment. He now gets $158 a month before taxes. After taxes he receives a monthly check of only $85.

Steffen noted that he gets no health insurance from the NFLPA. "I have to get health insurance on my own," he said. "And that can be expensive. I pay out $400 a month for medications alone and I have had heart surgery, hip surgery, and neck surgery."

He explained that when he played it was the team's responsibility to help with medical expenses when a player got hurt. He noted that he had to sue the Cowboys to repair ligaments in a knee. The Cowboys re-imbursed him for the surgery but he got nothing from the NFLPA.

"The oldtimers are all dying out. There won't be many of us around in 10 years. The rich get richer and the oldtimers die," concluded Steffen.

Billy Kilmer had a 17 year career in the National Football League (1961-1978). He played for the San Francisco 49ers, the New Orleans Saints, and the Washington Redskins. Like Steffen, he reached into the NFLPA pension plan when he was 45. Today he gets $520 a month. "Luckily I don't need it. A lot of guys need it," said Kilmer. Kilmer believes that the pension does not come to the standards of other sports. He is interested in what Major League Baseball players get because he came close to signing a contract to play baseball for the Pittsburgh Pirates when he graduated from high school. "Look at baseball today. If I got into baseball and stayed in it for 10 years I'd be getting $90,000 a year," he said.

He believes that the NFLPA and Gene Upshaw should be going after the revenues of NFL Properties to fund the pension plan. "I've been saying this since 1974," said Kilmer. "To this date, as far as I know, no one has seen the books of NFL Properties. NFLPA doesn't say one thing about NFL Properties and they use are likeness and names and we don't get anything at all."

In about 1974 Kilmer along with other quarterbacks of the day including Y.A.
Title, Sonny Jurgensen, Danny White, as well as retired quarterbacks including Otto Graham and others had several meetings to discuss confronting NFL Properties for payment for the use of their name and likeness. "NFL Properties got nervous and went to the later quarterbacks -- Dan Marino and John Elway and others -- and gave them $100,000 for the rights to their name and image. There was nothing for the older guys," he said. "(Gene) Upshaw (president of the
NFLPA) did nothing. He didn't even try to mediate. And now Upshaw is ignoring NFL Properties."

"It's the players fault for not demanding it. We didn't pay attention to the retirement issue," Kilmer concluded.

Joe Jacoby had a career in the National Football League that lasted for 13 years (1981-1993). He played for only one team -- The Redskins. He has not gone into the pension plan yet. "It wouldn't be beneficial," he said. "I would get about $1,400 to $1,500 a month. What can I do with that?"

He complained that nothing has been done about retirement issues since the last Collective Bargaining Agreement (CBA) in 1993. "Nothing has been done since the last CBA and the pension has been left off the table and forgotten about," said Jacoby. "Nothing is done to bring it up to the cost of living like all the other pension packages."

Jacoby noted that when he retired there were no 401k plans. He now owns his own business, a car dealership in Virginia. So he has since created a 401k plan for himself. He also has his own health insurance. "There are guys because of prior conditions who have no health insurance coverage," he continued. "My health insurance doesn't cover some of the injuries I've received but at least I have coverage for other things. It's expensive but I'm in a group plan through my business."

Jacoby noted that a new CBA is being negotiated now. He believes that retirement issues should be dealt with. "There should be some kind of cost of living inducement for the pension plan and the health insurance issue should be tackled. That is a major issue. How do you tackle that issue? I don't know. I'm feeling it in my own business. I've seen 15 percent to 25 percent increases over last year. So that's not an easy one to rectify. But I think some of the revenue can be used to increase the pension so that some of the retirees can use the pension to offset the cost of health care.

"Don't get me wrong," he continued. "There has been some improvements since the 1980s and into the '90s. But since the early '90s on there has been a drop in keeping up with these problems and issues that concern the retirees. The NFLPA is not addressing this part of the CBA package.

"Five to 10 years from now I will probably have health issues. When I reach the age of 55 I could get a pension payment of $3,000 a month. That's eight and a half years away. How much will the cost of living effect that?"

He concluded that the next CBA should include some kind of formula to take the cost of living into account. "We need a formula to adjust for the cost of living and we need to look at it every year. I don't know if it should be based on the CPI or the inflation rate. But there needs to be something. Even social security gets bumped every year."

Len Hauss played 14 seasons (1964-1977) for the Washington Redskins. He also served as president of the NFLPA from 1978 through 1979. Like Kilmer and Steffen, Hauss dipped into the pension plan early. "That was a mistake. I would have been better off if I'd waited," he said. "Overall, I think the union has been good to us."

"When players get out of the game none of us think we are going to live to be
65 or even 55. Most players from the days I played thought, 'Take what you can now. You aren't going to get old.' But I'm a big boy. I made a conscience decision to take it. I would bet that the pension will be increased with the next CBA." He concluded that health benefits should also be an issue."

Brig Owens played in the National Football League for 14 seasons. He was a member of the Dallas Cowboys and the Washington Redskins. He was also a player rep for the NFLPA when he played, was assistant executive director of the NFLPA and now serves as president of the NFLPA Retired Players. He believes that the union has done a good job for the retirees. "Since Gene Upshaw has been president of the NFLPA with every collective bargaining agreement he has always reached back to get something for retired players," he said. He noted that the only time the union can do anything is during collective bargaining negotiations and that is happening now.

"The NFLPA is not required by law to represent retired players but there has always been a custom to reach back," continued Owens. He pointed out that there is constant communications between retired players and the executive committee and board of directors of the NFLPA.

George Izo played quarterback for the St. Louis Cardinals, Washington Redskins, Detroit Lions, and Pittsburgh Steelers during a seven year career
(1960-1966) in the National Football League. He volunteered that the NFLPA has a program with such hospitals as the Deborah Hospital in Delaware and with orthopedic doctors in Chicago for free services for retirees who have to live with an injury suffered during their playing days. "Chicago has orthopedic doctors donating their operation time on knees, hips, etc," said Izo. "The only thing is they need to expand on this and make the program more complete. For example, they need to help with transportation to and from for the patient and wife for an allotted time. Right now, the operation is free but you need to get there.
Also, they need to help with the cost of the lodging for the family and for rehab. If the patient is bedridden it would be very expensive to get to those places that are set up for various ailments. This program has been going on for a few years now, but needs someone to step up and complete the package. Whether it is the NFLPA participation or some outside sponsorship."

The Record
In an e-mail to retired players in response to the Charlotte Observer article, Gene Upshaw, president of the National Football League Players Association, pointed out that "Like any other labor union, we represent only active players. As a retired player, you are not a union member and we do not have a legal obligation to represent you. However, it is important to communicate the significant progress we have made on your behalf over the last 20 years. We made this progress because we, the union and the active players who are our members, wanted to do so."

In the e-mail, Upshaw went on to list what has been done to improve pension and disability benefits since 1982.

Guaranteed pensions for retirees including pre-59ers. In 2002 the active players voted to give up $110 million in current compensation to increase the pension benefits for others, essentially doubling the pension benefits for many players. The plan is now paying out close to $5 million a month to retirees and their beneficiaries. Pension checks for the oldest retirees (about 800 players who played before 1959) got a raise of from $100 to $200 per month for each season played. For players active from 1959 through 1976 (about 1,410 retirees) pensions went up to $200 from $100 - $185 per month for each season played.
Disability, including inactive and degenerative. Upshaw claimed that there has been dramatic increases in these payments. For example, the annual payout for a total and permanent degenerative disability went from $9,000 a year in
1992 to $110,000 a year.
Payment Assistance Trust. This program is funded by the active players.
According to Upshaw, in 2005 alone, the trust paid out $1.2 million in funds to former players in need for such things as medical care, medication, relocation, mortgage costs, and burial expenses. Upshaw added that the Players Assistance Trust has paid out almost $4 million in response to retired players' requests for help.

Retirees who played prior to 1959 started to receive payments from the pension in March, 1987. In May, 1993, retired players received a 40 percent pension increase. The pre-59ers got a 33-1/3 percent increase. In March-April, 1998, the retired players received a 10 percent increase in the pension. Pre-59ers received a 25 percent increase.

Disability benefits are being paid to about 3,000 retirees from the Bert Bell/Pete Rozelle Plan. The minimum compensation from the plan for a partial disability, which means that the former player can still work, is $18,000 per year.
Total disability payments range from a minimum of $48,000 and $72,000-plus depending on the classification. Benefits peak at $234,000 for a paralyzed player. Mellon Global Securities provides the custody, reporting and benefit disbursements. The plan holds about $650 million in assets.

Two former players who are well known to football fans and who receive these benefits are Darryl Stingley and Jim Otto. Stingley was a wide receiver for the New England Patriots when in 1978 he suffered a vicious hit from Oakland Raider cornerback Jack Tatum that broke Stingley's neck. The play left the 26-year old Stingley a quadriplegic. Otto played center for the Raiders for 16 seasons that resulted in dozens of major surgeries and left him with degenerative arthritis in his knees, hips, and back. Otto receives $110,000 per year for the rest of his life. Stingley gets $235,000 a year for life. The program was revised in 1993. Prior to that year Otto was receiving only $1,000 per month.
Stingley was paid no more than $48,000 per year.

The Collective Bargaining Agreement that is in effect today and was first negotiated in 1993, amended in June, 1996, February, 1998, December, 2000, and January, 2002 include retirement benefits. There is a Second Career Savings Plan. In the plan each team contributes $250,000 and also provides a matching contribution an amount for each player who earns a credited season during a plan year. The amount is two dollars for each dollar contributed by the player up to maximum of $20,000. And there is a Player Annuity Program. The NFL clubs are mandated by the agreement to contribute $73 million but not less than an amount sufficient to fund an allocation of $65,000 to each player eligible for an allocation. The program allows the player to receive distribution in the form of annuity or installment payments when that player reaches the age of 35 or five years after the end of the annuity year containing the player's last credited season. Payments must begin no later than age 65. The player has the choice to receive payments up to the age of 45, a later age he specifies, or for life. If the player dies prior to receiving payments, the player's named beneficiary is entitled to the payments.

The Other Players' Unions
How does the NFLPA retirement benefits match up to the retirement benefits offered by the National Basketball Players Association, the National Hockey League Players Association, and the Major League Baseball Players Association?

The National Basketball Players Association has a pension plan that provides
$306.34 per year of service paid out each month. There is also a Player 401(k) plan which both the players and NBA teams contribute to.

The pension plan offered by the National Hockey League Players Association depends on length of the player's career. For a player who played in fewer than 400 games, he gets an annual payment of $8,000 for life starting at age 45.
For a player who played in more than 400 games, he receives an annual payment of $12,500 for life from the age of 45 as well as a one-time lump sum of $250,000 when he reaches the age of 55. If a player plays fewer than 160 games, which is the equivalent of two NHL regular seasons -- the player gets nothing.

The present pension plan for the Major League Baseball Players Association is based on time of service. The player is vested on the first day of service.
When he has accrued days of service equaling 10 years he is fully vested to receive $175,000 a year for life when he reaches the age of 65. A player who has accrued days of service equaling five years receives $87,500 a year for life when he reaches the age of 65. One year of accrued service gets the retired player $17,500. The retirement benefits also include a 401(k) plan which the player can voluntarily participate in and there is also a group insurance program in which the player can voluntarily participate.

Some Ideas for the Next CBA
In order to provide more to retirees it would be beneficial to provide more funds for the pension plan. Perhaps Billy Kilmer's idea of pursuing a percentage of the revenues from NFL Properites should be explored.

To assure that the payments retirees get from the pension is enough to cover the cost of living the NFLPA should consider Joe Jacoby's concerns of creating a formula based on the CPI or the inflation rate to bump monthly payments from the pension plan each year.

Since the players who retire after 1993 have the annuity Plan, they should be asked to take out less from the pension plan. This will provide funds for players who retired before 1993 when there was no annuity plan to take out more from the pension.

Since a group health insurance program is available to active players, shouldn't it be possible to extend eligibility to all retired players? My understanding is that the larger the group, the less expensive the insurance premium.
Cost of healthcare would be a little bit more affordable.

The unprecedented success of the National Football League has been an evolutionary process. The stars of this decade owe the players who took the hits in the 1980s. And the players of the 1980s owe the players who took the hits in the 1970s. And the players of the 1970s owe the players who took the hits in the 1960s. And the players of the 1960s owe the players who took the hits in the 1950s. Each generation of players has helped make the league what it is today.
It would be a travesty for anyone to forget their sacrifices.


Sources:

Collective Bargaining Agreement of the NFL Collective Bargaining Agreement of Major League Baseball Collective Bargaining Agreement for the National Basketball Association
(http://www.nbpa.com/cba_articles/)
Kenneth Shouler: "After the Fall" Cigar Aficionado
(http://www.cigaraficionado.com/Cigar/CA_Archives/CA_Show_Article/0,2322,230,00.html)
"Retired Players Get Major Pension Increase", NFL News.
(http://www.nfl.com/news/story/5356696)
"NFL's Disability Plan Puts Former Players Under Close Scrutiny,"
Post-Gazette.com
(http://www.post-gazette.com/pg/05073/471027.stm)
"NFL Chooses Mellon Unit to Oversee Plans Worth $1 Billion", Pittsburgh Business Times.
(http://www.bizjournals.com/pitdtsburgh/stories/2002/07/29/daily2.html)
"NFL Disability Program Gets Needed Boost," Care Cure Community.
(http://www.carecure.org/forum/showthread.php?t=31178)

 

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