Dave Pear's Blog

EDITOR’S NOTE: A copy of NFL Alumni COO Ron George’s Memo to Chapter Presidents arrived in our Inboxes this morning. Here it is in its entirety:
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From: Ronald George
Date: Thu, 26 Jan 2012
To: Chapter Presidents
Cc: George Martin; Joe Pisarcik; Randy Minniear
Subject: FoxSports Article
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Dear Chapter Presidents,
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Below you will find links to two articles written by FoxSports.com that were posted today.
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http://msn.foxsports.com/nfl/story/NFLAA-president-George-Martin-investigation-financial-questions-012412
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and
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http://msn.foxsports.com/nfl/story/George-Martin-National-Football-League-Alumni-Association-candidacy-vetted-012512
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The Executive Director, along with Venable, LLP, the Chairman of the Foundation and President of the Association have been dealing with the authors of these articles since December 20, 2011 on the subject matter contained within the articles. It was made clear early in the discussion with FoxSports, Alex Marvez and A.J. Perez specifically, that the intent of these articles was to discredit the Executive Director and President of the NFL Alumni, as well as undermine the mission of the Association.
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While Mr. Marvez and Mr. Perez were provided extensive information which highlights many of the inaccuracies in the articles, this information was not presented. Moreover, the articles clearly paint a one-sided and negative portrayal of the confidential internal operations of the organization.
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The Executive Director and President, along with Venable, LLP, President Pisarcik and Chairman Minniear will continue in their detailed and in-depth analysis of the situation.
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Your comments and suggestions are welcome. Please contact Mr. Martin, Mr. Pisarcik or Mr. Minniear directly.
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Regards,
RG
Ronald L. George | Chief Operating Officer | NFL Alumni
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FOX Sports‘ A.J. Perez and Alex Marvez kick off Super Bowl week with a scathing exposé on the inner workings of the NFL Alumni and its Executive Director, George Martin.
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One question we keep wondering about: Just exactly how many retired football player members does the NFL Alumni actually have? The one thing even the NFLPA manages to be transparent about is its membership roster and they even provide an online list for all to see. But George Martin and his management team continue to cite numbers in the thousands, claiming that their membership is the largest collective group of retired players. But this article cites around $80,000 collected from May through September 2011. At $100 per member, simple arithmetic tells you that’s 800 members. But when you factor in the $5,000 fees from the remaining chapters who may have sent in their dues during that same period, one has to wonder how much of that $80,000 actually comes from individual memberships? We’ve heard from all too many sources that the membership has dropped to below 500 actual dues-paying retired players, with the remaining members classified as “Associate Members” that include fans and other non-retirees. Heck, if the NFL has given the Alumni $4 million in interest-free loans since George Martin took over, maybe it might have been cheaper to just pay each of the estimated 15,000+ retired players (just one estimate) $100 apiece to be members of the Alumni?
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On January 13, 2012, I called the NFLPA office to inquire about the Legacy benefit. I was instructed to call Cynthia Timpson at the Bert Bell/Pete Rozelle office to discuss the matter. My late husband was a pre-93 player, and from my understanding the 2012 CBA agreement states, “All players who vested under the Bert Bell/Pete Rozell NFL Retirement Plan prior to 1993 would get an increase.” I anticipated her return call and was unprepared for her disrespectful remarks. I have never been so disappointed in the treatment I received that day; however, it should not have surprised me since that seemed to be the status quo whenever I have called seeking information from any of the NFL-related offices.
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In my opinion, these individuals have made me feel as though I was seeking government assistance. This is unfortunate because there are numerous compensatory sections of the CBA that are contractual entitlements for players and their beneficiaries. I have attempted to call various departments to speak with someone to express my disappointment with this encounter. To date, I have not received a returned phone call or even so much as an explanation or apology.
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I am calling on all widows, former players, and even active players to respond to this issue. I am curious as to whether any other individuals have experienced the same treatment. I believe it’s time for us to rally together and take a stand against those who have disrespected us. We are only seeking answers to our questions and concerns. It is our right to seek the answers. It is time to change the culture of disregard that runs rampant within this organization.
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Although I never played the game of football, I am honored to be a part of this elite organization as the widow of my late husband, Mark Lewis. Mark died unexpectedly of a massive heart attack at the age of 32. Mark left behind a son, Brandon, who was 6 years old at his time of death.
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Above all, I am forever grateful for the assistance that Andre Collins provided me in the past; however it is sad to think that there is only one person out of the entire organization that has shown compassion and sympathy for my hardships. My issues with disrespect didn’t start on January 13, 2012; it started five months after Mark’s death when Gene Upshaw never returned my phone calls until after the Statute of Limitation for me to file a death claim had expired.
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Today I feel a sense of relief. I finally have enough courage to say I am tired of being disrespected by an organization which professes publicly that they care about the welfare of all players and their beneficiaries.
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Patsy Lewis
widow of Mark Lewis (1961 – 1993)
Green Bay Packers, Detroit Lions
1985 – 1989
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OK – so here we go again. We posted Dan Pastorini’s story about wanting to opt out of the NFL Alumni’s Group Licensing Agreement (click HERE to read that earlier post). On their membership page online, the GLA was automatically attached as a part of the membership process with no option to opt-out of the agreement in order to join the Alumni. Dan pointed that out to the rest of us. And that’s when the knives came out.
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Look, we don’t care who said what and exactly what the details may have been between Dan Pastorini and George Martin. And quite frankly, like most people, WHO REALLY CARES?!! But then two Alumni members, David Carter, President of the Houston Chapter, and Rod Smith, Carolinas Chapter President – both members on the Alumni Board of Directors apparently – decided to give a detailed He-Said-He-Said version of what transpired between Pastorini and Martin. And then Jeff Nixon decided to jump in on the Alumni blog and make it personal with Dave and me. Again. We only hope they’re paying you well over at the Alumni now, Jeff…
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Here’s the real issue and this is what we’re absolutely 110% in agreement with Dan Pastorini: Attaching a completely unrelated and unsolicited Licensing Agreement to what’s supposed to be nothing more than a simple membership enrollment is just plain wrong! In fact, it’s downright sneaky, unethical and it actually violates consumer law!
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Jeff Nixon decided to call Dan Thursday and Dan shared that conversation with us on Friday:
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“Jeff Nixon told me that George had admitted ‘He may have made a mistake’ in tying the GLA to their membership enrollment.”
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“If I almost missed it when I was signing up, then I wonder how many other players had already missed that GLA footnote? And that was my point! It was all a matter of principle.” Dan said. “As a matter of fact, if George is finally coming out and admitting that it was a mistake in adding the contract and they’re now planning on removing that hook, what about all the guys who have already inadvertently signed their GLA? I think the Alumni needs to invalidate all those copies of the GLA that they’ve acquired through their membership forms and then offer their GLA to its members separately. It’s not me I’m concerned about now. It’s any of the other guys who have already been locked into this GLA without their full knowledge or consent.”

Just sign here...

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Dave -
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After reading over the NFL Alumni’s Group Licensing Agreement, I decided to notify them that I couldn’t – and wouldn’t – accept their GLA which has developed virtually no revenue whatsoever for retired players. In fact, it looks to be clearly designed to impact and damage the Dryer v. NFL lawsuit on behalf of all retired players. Next thing you know, I’m being told by George Martin himself that I could no longer be a member of the NFL Alumni!
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I’d like to suggest that other retired players might not want to be NFL Alumni members …unless they want to support the NFL’s ongoing poor treatment of retired players. We don’t want to be paying for George’s new Escalade and we sure don’t want another repeat of Gene Upshaw’s GLA “One-for-You-and-One-Million-for-Me” deals. (Click on Dan’s membership cancellation to enlarge for easier reading.)
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Dan Pastorini
Oilers, Rams, Raiders & Eagles
1971 – 1984
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EDITOR’S NOTE: Dan sent us some additional clarification on his Alumni membership:
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I tried to pay my dues online but it wouldn’t let me unless I checked the GLA box! I then e-mailed them and asked why I couldn’t join without agreeing to the GLA. They informed me I could send a check. Then I got George’s e-mail stating I was no longer a member.
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Dan
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We uploaded a copy of the NFL Alumni GLA to Scribd for viewing and printing and to make it downloadable. You can also click the Fullscreen button on the left side of the menu to enlarge it for easier navigation (hit the ESC key to close)
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NFL Alumni Group Licensing Agreement
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Football damaged my brain and it didn’t have to happen

GEORGE VISGER, a former 49er, tells his story
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Due to the size and speed of today’s football players, the kinetic energy they generate during hits can have long-term consequences. Here’s my story:
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My football career began at age 11 in 1970 when I suited up for the West Stockton Bear Cubs, the first Pee Wee Pop Warner team fielded in Stockton, Calif. Of the 29 kids on the team, three went on to sign NFL contracts in 1980 (myself — sixth round, New York Jets; Jack Cosgrove — eighth round, Seattle Seahawks; Pat Bowe — free agent, Green Bay Packers).
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During my third year of Pop Warner, I was hospitalized when I knocked myself unconscious during a tackling drill. The exercise was a needless bull-in-the-ring drill that was more of a gladiator competition for the coaches’ amusement than a means of teaching useful techniques to young players.
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The coaches had us form a big circle about 25 yards across and numbered the 40 of us 1 to 20 on each side. When your number was called, you and the player on the other side with the same number sprinted directly at each other and hit head-to-head.
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Concussions followed throughout my high school career, though I never missed a game or practice. In my senior year, we went 11-0 and ranked No. 3 in California. I was selected to the All-America Top 100 Team.
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I entered the University of Colorado on a football scholarship in 1976 as a 6-foot, 5-inch 235-pound defensive tackle, majoring in biology. I was a starter for three years and suffered a number of minor concussions, but I never missed a play except after leg injuries.
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Turning pro

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January 11, 2012
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To: Fellow Retired NFL Players
From: Bob Stein
RE: Legacy Benefit
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Men,
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As there have been many questions and some conflicting information flying around on this subject affecting vested players retired before 1993, I would like to provide the latest information I have received. This is not legal advice and I cannot guarantee its accuracy but it is what I was told and intended only to help keep you informed. In recent calls to the NFLPA (800-372-2000) and NFL Retirement Plan (410-685-5069) offices, I was told by both:
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a) We must each complete and return the letter dated December 8, 2011 (I got mine December 26) from the Plan to begin the process. That letter asked for personal info and asked us to provide information for possible beneficiaries of the Benefit if we were interested in examining that option. If you didn’t get one, you should call the Plan office.
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b) Once the Plan office receives the completed December 8 letter back from us, they will send us an election form, which is to spell out the effect on our benefits and show what beneficiaries would receive if we indicated interest in a beneficiary option. Even if we don’t choose a beneficiary option, we must return the election form to confirm that decision, what taxes we want withheld, etc. I was told the election forms should be sent to us about 2 weeks after we return the December 8 letter, but also that they were being processed “as quickly as the actuaries can do the calculations for beneficiaries and they can be processed.” I sent my Dec. 8 letter back on Dec. 27 and have not yet received my election form.
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c) When the Plan office receives our election form back, they will send our first Legacy check, but they could not tell me if the first check would include the promised retroactive payments back to August or how long it would take to receive it. They did say that once our monthly Legacy Benefit payments begin, they will arrive in a separate check sent together with our monthly pension checks.
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d) It got more confusing when they told me we can make different decisions on when to start pension benefits and Legacy benefits, BUT we cannot begin to receive Legacy benefits until we receive pension benefits. So apparently, if we already receive pension checks, we can take Legacy benefits now or delay them. But if we have deferred our pension benefits, we must also defer Legacy benefits at least until we start receiving our pension payments. Also, we can make different elections for each benefit regarding taking lifetime-only payments or naming a beneficiary and receiving lower payments during our lives.
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I hope this helps.
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As Hausfeld LLP and associated law firms have brought lawsuits challenging the right of the NFLPA to negotiate Legacy Benefits or anything else on behalf of retired players, they have suggested retired players include the following statement with our December 8 letter response, or if we have already returned the December 8 letter, to write to the NFL Player Retirement Plan adding it as an addendum. Their point is to avoid a possible NFLPA claim that following the process to receive the Legacy Benefit means we have accepted the NFLPA representing us in negotiating it. You should consult your own attorney with any question related to this language. I sent it as a follow-up addendum to my Dec. 8 response:
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“By providing the personal information requested by the League with respect to the “Legacy Benefit” contained in the 2011 CBA, I am in no way waiving my right to challenge the level of that benefit or any other provisions of the 2011 CBA that affect my interests as a retired NFL player nor am I agreeing that the NFLPA had any authority to negotiate on my behalf the “Legacy Benefit” or any other provisions of the 2011 CBA that affect my interests as a retired NFL player.”
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Happy New Year, good luck and good health to all in 2012.
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Bob Stein
Kansas City Chiefs, LA Rams
1969 – 1975
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Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:
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Published January 10th, 2012

Rep. Linda Sánchez

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EDITOR’S NOTE: We just received this today from retired player John Griffin. We hope someone will review and provide comments on this set of documents. You can find suggested Addendum wording to add to your signed documents on an earlier post – click HERE.
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Here is a copy of the second packet I received for the distribution of the Legacy Fund. I’ve whited out our personal information but thought you might post this and have someone look at it before we sign and return.
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I did not send in that addendum with my first letter but I will when I return this document. I would certainly appreciate it if someone could comment before we return it.
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Please let me know what you think.
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John Griffin
LA Rams and Denver Broncos
1963 – 1967
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We uploaded full copy of the cover letter and paperwork to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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Second Legacy Letter & Documents
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Larry Kaminski has been keeping us updated on his battle against the Denver Broncos filed in California under their Workers Compensation laws. The Broncos current ownership is trying to have their case heard and dismissed in Federal Court based on their claim that when they bought the team, they only acquired the assets and not the liabilities (yes, just when you don’t think it can get any dumber). Read the earlier post – click HERE.
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Here’s a short update from Larry for those of you also going through Workers Compensation cases or considering that as an option:
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Fellow Independent Retired Players:
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As I had mentioned in an earlier post, a deposit showed up last Friday in my bank account that wasn’t quite as much as my normal disability payment (and they always show up on the first of the month). It wasn’t until yesterday that a letter arrived in my mail to explain what several of our readers had also just received. No doubt, some genius in the front office figured they’d better get these payments out just before yearend so they could get some tax benefits for 2011.
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For those of you who still haven’t received your letter yet, we’ve uploaded a copy to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (and just hit the ESC key to close):
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Dave Pear’s Disability Increase Notice
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We also understand that the new Legacy Benefits will be calculated retroactively to Aug. 1, 2011 but we’re not sure when those retroactive payments will start showing up or exactly when the first increased pension checks will start arriving. We hope everyone will continue to share their own experiences with the other retired players and their families. Once again, it looks like the retired players are the last to be informed and the last to be paid. That’s why they pay DeMaurice “Upshaw” Smith those big $1 million bonuses. (Click comic to enlarge)
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Happy Holidays, Football and Sports Concussion Establishment: 2012 Is the Year of the Tobacco-Style Lawsuit

Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:

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EDITOR’S NOTE: Some of the retired players have been sending in some additional thoughts and comments on a wide range of topics. Many were important enough that we thought it would be better to put them all up in one post. We’ll start off with a comment from Larry Kaminski followed by an answer from one the law firms currently involved with litigation against the League and the NFLPA.

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We now have a publicly available copy of the Settlement Agreement details and the subsequent Collective Bargaining Agreement (CBA) made when the CBA was ratified. The individual active players (Brady et al) agreed to drop their suits that were filed against the NFL when the Union decertified during the lockout. We’re posting this for weekend reading and look forward to your comments and observations. Note that it was Jeffrey Kessler who filed this without any seal.
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We’ve uploaded the entire 201-page document to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (and just hit the ESC key to close):
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Brady Settlement for 2011 NFL/NFLPA Collective Bargaining Agreement
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We’re sorry but we just couldn’t help it. Comparing recent news involving two big-name coaches like John Madden and Joe Paterno Last week, John Madden came forward like the great leader he is and declared that they would now be taking players out of the game when they get concussed. In the Electronic Arts video game that bears his name. Nice. Is that much different than the Wall of Silence that we’ve seen from coach Joe Paterno surrounding the juggernaut of charges still mounting against his BFF Jerry Sandusky that include child sex abuse and rape? Even in the face of overwhelming evidence, both of them continue to believe in the sanctity of football to protect those at the top from any accountability. It’s this arrogant air that finds the rest of us scratching our heads wondering what planet these people are living on.
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