Who’s in Charge?
It looks like the NFL and its Commissioner Roger Goodell are swift and decisive when it comes to handing out punishment for players who step out of line with the League’s high standards of conduct. In keeping with these high standards, just who is supposed to be handing out punishment when the NFL steps out of line? And just how severe should the consequences be?
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Back in April 2008, Dave had his left hip replaced and he’s scheduled to have his right hip replaced later this Fall. At that time, the NFL announced their Hip Replacement Program with great fanfare and retired players were once again hopeful that they would be seeing something new. You can read all those past posts on Dave’s Hip Replacement adventure with the NFL by clicking HERE – you can scroll through the list of past posts on Dave’s hip replacement story.
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In recent months, several retired players have been comparing notes with us on the current state of the Bert Bell/Pete Rozelle NFL Players Retirement Plan. Dave just sent a letter with those questions to Mary-Ann Fleming, the NFL’s Director of Player Benefits.
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Ms. Mary-Ann Fleming
NFL Director of Player Benefits
280 Park Avenue
New York, NY 10017
May 3, 2010
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Dear Ms. Fleming,
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You already know me as a retired NFL player who qualified for Social Security benefits in January of 2004 at the age of 51. I have been waiting to hear back from you for almost a year since our last meeting in Las Vegas. In front of several other retired players and friends, I handed you a file folder with additional qualifying medical expenses directly related to my hip replacement surgery from April 2008. You had assured me that an earlier reimbursement payment I had received from the NFL Hip Replacement program was woefully inadequate in meeting personal out-of-pocket expenses resulting from my first hip replacement surgery and you had requested copies of all additional bills that included co-payments for my physical therapy as well as my prescriptions.
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Like many other retired players facing hip replacement surgery, I approached your NFL Hip Replacement Program with equal measures of guarded optimism and skepticism. After receiving a check almost a year (January 2009) after my surgery that amounted to not much more than the cost of two seat cushions and a fancy t-shirt, your Player Benefits Dept. decided to conduct a further review and so you requested even more documentation. I’m still waiting for someone to let me know the status of my claim and, hopefully, send me an additional check for expenses that were overlooked.
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In the meantime, several other retired players have been working with me to look at the current structure of the Bert Bell/Pete Rozelle Plan and some questions have come out of our discussions.
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Would you kindly answer the following questions in writing for us?
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By way of Introduction: It would appear that the Bert Bell/Pete Rozelle Plan was written, re-written and/or amended in 1970, 1976, 1984, 1985, 2001 and 2007.
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• From 2003 – 2005, which version of the plan documents did you distribute to the retired players? And which version was actually used during that period in determining players’ qualifications and benefits?
• I understand that there was a Dept. of Labor investigation into the Plan and its administration in 2003. What was the investigation about and what was the outcome? What was your involvement and why?
• How long have you been on the Disability Initial Claims Committee (DICC)? What was the procedure and qualification process in selecting the members of this committee and what are your particular qualifications in understanding and determining the eligibility of applicants?
• Is the Bert Bell/Pete Rozelle Plan governed by ERISA law? If not, why not and who wrote the new governance rules in 1995 and why?
• How many applications do you personally review for disability benefits each year? Of those, how many are eventually rejected? How many retired players are currently receiving T&P Disability Benefits and how many are currently receiving Partial Disability Benefits?
• Why are applicants rejected when a 6-member Committee is deadlocked on a decision? Isn’t the Commissioner supposed to be Chairman of the Disability Committee? Doesn’t the Commissioner have a vote in the instance of any deadlock?
• Does the Disability Initial Claims Committee (DICC) have any fiduciary responsibility in it decision-making process?
• With the DICC consisting of only 2 people, what happens when you deadlock on a decision?
• Have you (as part of the NFL Management Council) ever disqualified a player and had your decision reversed?
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In addition, I also continue to seek the answers to the following questions from Mr. Lawrence Lamade at Akin Gump:
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• Can you produce a physical copy of the plan documents that specifically applied to the period from 2001 – 2005?
• When was a copy of the Bert Bell/Pete Rozelle Plan from 1995 provided to the players?
• Were any player(s) given a 1995 Plan document during 2001 to 2005?
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I believe that as a direct beneficiary of this plan, I am entitled to clear answers from the people who administer it.
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As always, I thank you in advance for your clarification to these questions. I look forward to your answers.
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Regards,
Dave & Heidi Pear
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Sent by USPS Priority Mail
CC: Lawrence Lamade (Akin Gump)
Roger Goodell (Commissioner of NFL & Chairman of Disability Board)
DeMaurice Smith (NFLPA Executive Director)
Tom Condon (Retired NFL player & appointed voting member of Retirement Board)
Jeff Vanote (Retired NFL player & appointed voting member of Retirement board)
Dave Duerson (Retired NFL player & appointed voting member of Retirement Board)
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EDITOR’S NOTE: The USPS Priority Mail letters were received last Thursday, May 6, 2010 as confirmed by the USPS:
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Mary-Ann Fleming received her questions:
USPS Receipt No. 0309 3220 0001 0461 7808
Detailed Results:
Delivered, May 06, 2010, 10:47 am, NEW YORK, NY 10167
Sorting Complete, May 06, 2010, 9:26 am, NEW YORK, NY 10017
Arrival at Post Office, May 06, 2010, 9:19 am, NEW YORK, NY 10017
Processed through Sort Facility, May 04, 2010, 7:46 pm, KENT, WA 98032
Acceptance, May 04, 2010, 3:34 pm, ISSAQUAH, WA 98027
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Larry Lamade received his questions:
Receipt No. 0309 3220 0001 0461 7792
Detailed Results:
Delivered, May 06, 2010, 1:31 pm, WASHINGTON, DC 20036
Arrival at Post Office, May 06, 2010, 9:12 am, WASHINGTON, DC 20036
Processed through Sort Facility, May 05, 2010, 9:45 pm, WASHINGTON, DC 20066
Processed through Sort Facility, May 04, 2010, 7:43 pm, KENT, WA 98032
Acceptance, May 04, 2010, 3:37 pm, ISSAQUAH, WA 98027
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