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Less is Always More with NFLPA Spin

Oct 3, 2011

It seems that the PA is still managing to put out as much as they can without saying anything while still blaming everyone else for holding the process up. Oh wait – they’re in Washington DC! That’s what EVERYONE does up there! We forgot!
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So over the past week, we’ve received a few more ‘communiques’ from our local NFLPA chapter via Sam McCullum and it always seems that the guy in the room with no vote or real voice on any matters has the clearest take on everything. Jim McFarland – retired players’ representative – has provided some of the clearest analysis on what’s proposed in the final CBA for the Legacy Fund and how it will affect pre-93 players. Here are the e-mails and comments starting with the latest first. We also included a copy of that meeting proposal document referenced in the most recent e-mail and have loaded it up to Scribd for easier reading and printing.
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One more thing: And the NFLPA and Sam McCullum says none of you should be reading any of the blogs to get your information. Of course, they didn’t attend what may have been one of the most important meetings of the year regarding retirees because they didn’t want to hear what everyone else wanted them to hear so they can’t tell you about it. (?!!)
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From: Sam McCullum
Date: Mon, Oct 3, 2011 at 8:22 AM
Subject: FW: NFL DOCUMENT to Former Players Organizations to attend September 15 meeting..
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Guys:
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I was able to open the document, so I copied and scanned it in a PDF file. The key issue here is the that the letter contains the discussion points for the meeting that was held on the 15th.  Nothing has been final as far as the proposal from the league and as of last Friday, nothing has been presented to the NFL Players Association.   So I have said before please wait until we get notice from the PA that they have received a counter offer from the league, then we will have time to review and comment.
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Sam
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We uploaded full copies of the meeting agenda 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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Legacy Fund Fax Sept 14 2011
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From: Jim McFarland
Sent: Friday, September 30, 2011 2:21 PM
Subject: Re: NFL DOCUMENT to Former Players Organizations to attend September 15 meeting..
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Thanks for sending to me these documents, Dewey.  Attachment A confirms that the Legacy (Fund) Benefit was up until August 1, 2011, intended for pre-93 players only whose last credited season was 1992 or before. You will note that the monthly benefit at age 55 for pre-59 to 1981 is $250/mo. per credited season and for 1982 to 1992 is $255/mo. per credited season.  These monthly Bert Bell benefits or $250/mo. and $255/mo. contrast significantly with the 1998 Bert Bell monthly benefit which is $470/mo., almost twice the benefit of the pre-59 to 1992 players.
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Best Regards,
Jim McFarland
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From: Dewey Mcclain
To: Jim McFarland
Sent: Fri, Sep 30, 2011 11:56 am
Subject: NFL DOCUMENT to Former Players Organizations to attend September 15 meeting..
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Frank forwarded me the official letter from the NFL to the NFLPA and other organizations/individuals to attend the meeting on September 15, which was held but the PA representatives did not attend because of counsels advice not too, because one of the filing plantliffs against the PA  was also invited…and he did attend…this is good information and official,not from a blog,personal opinion,hear say or I think/assumption…do want you to know the NFL has not sent the PA a counter proposal as of yet…so there is still time for all to share with him…do hope you can open the document below.
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Many of you responded to my e as to what was the commissioners e mail address for you to send him your thoughts and concerns on the Legacy Bennefit/Fund…  roger.goodell2@nfl.net
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Dewey
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From: Sam McCullum
Date: Fri, Sep 30, 2011 at 8:15 AM
Subject: FW: Legacy Benefit Negotiaitons
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PA Northwest Chapter Members:
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Fyi,
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The last update below, you can see, regardless of what the bloggers are saying, nothing official has been presented to the NFLPA, so until you hear through official channels, don’t react or over react to the bloggers.  I suggest you stop reading the Dave Pear and Jeff Nixon all together, and wait until we get the official proposal and the counter proposal from the PA office.  Nolan will post it once he gets it.
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Sam McCullum
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From: Jim McFarland
Sent: Friday, September 30, 2011 6:17 AM
Subject: Legacy Benefit Negotiaitons
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Dear Fellow Chapter Officers:
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It is my understanding that, although the NFL apparently did not respond to the NFLPA Legacy Benefit proposal this week, the NFL response will be provided early next week.  Hopefully, my understanding is correct so there can be an indication on how this issue will be resolved so that Former Players can begin to receive this Legacy (Fund) Benefit as soon as possible.
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Have a good weekend.
Sincerely,
Jim McFarland
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From: Jim McFarland
Sent: Tuesday, September 20, 2011 11:09 AM
To: Mark Washington

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Subject: Legacy Benefit – Isn’t This A Misprint?

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Dear Mark,
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Unfortunately, No! I don’t think this is a misprint in the e-mail below, Mark.
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The NFL has consistently proposed paying players legacy benefits only if they have taken their pensions.  Dennis Curran, the NFL benefits lawyer, even said in one meeting that a retired player will just have to make a choice by calculating whether it is better to wait until 65 to take the Bert Bell pension and thereby increased pension benefits along with the delayed legacy benefit, or to take the Bert Bell pension immediately at a reduced monthly amount in order to receive the legacy benefit right away.  This is the LOSE/LOSE dilemma that I mentioned in one of my prior e-mails.
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If you wait until 65 to take a higher Bert Bell pension amount, you LOSE part of the Legacy Benefit by having to delay receiving the Legacy Benefit until age 65.  If you take your Bert Bell pension right away, you get your Legacy Benefit right away, but you LOSE the increase in the Bert Bell Pension.
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For example, for a now 55 year old 5 year vested pre-93 player whose played from 1982 to 1986 inclusive who has not taken his Bert Bell pension, he would be faced with a Hobson’s (NO WIN) choice.  He could take his Bert Bell pension right now at age 55 and start receiving approximately $570 per month (5 X $114) in legacy benefits, but only receive $1,275 per month (5 X $255) in Bert Bell pension.  Or, he could wait until 65 to take his increased Bert Bell pension at $3,340.50 per month ($1,275 X 262%), but by waiting 10 years he would LOSE $68,400 ($570/mo. X 12 mo. X 10 years) in legacy benefits.
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This point dramatizes the whole legacy fund misrepresentation.  It was originally designed to be a Legacy Fund for pre-93 players only, not a Legacy Benefit.  And, now that it is categorized as a Legacy Benefit, we might just as well have started with the concept of raising the Bert Bell pension like Gene Upshaw did in 2006 since the Legacy (Fund) Benefit is now being treated like a supplemental Bert Bell pension addition. In fact, for former (retired) players who wait to take their pensions at age 65, a $50 per month increase to $250 or $255 per credited season at age 55 like Upshaw provided in 2006 calculates into a $131 per month increase (262% x $50) in pension if a former (retired) player waits until 65 to take his pension. Thus, for those former players deferring their pension to age 65, they would be better off receiving another $50 per month increase to $300 or $305 per month per credited season at age 55 ($131 per month increase at age 65) than the current NFLPA proposed $114 per credited season increase with the Legacy Benefit.
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Hope this explanation makes sense.
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Best Regards,
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Jim McFarland
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From: Harrison, Nolan
Sent: Wednesday, September 21, 2011 12:39 PM
Subject: Still Nothing on the Legacy Benefit Front from the NFL
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Leadership,
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It’s midweek and we still have heard nothing from the NFL in terms of a counter proposal to our now five weeks old proposal on the Legacy Benefit. As you know from my e-mail on Monday, we were not able to attend their meeting in New York because of the lawsuit against us, but the word is they received the information that they needed, information they should have had months ago, information that we had already gleaned from our membership, board, and other former players.
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I don’t want to speculate as to the reason why there is such a long delay and blatant disregard for the players who earned this Legacy Benefit. But we wanted to make sure we kept you up to date.
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Best regards,
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Nolan Harrison III
Senior Director
Former Player Services
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8 Responses so far | Have Your Say!

  1. Larry Kaminski
    October 3rd, 2011 at 12:48 pm #

    Larry Kaminski

    To: Sam McCullum

    Evidently you read the Dave Pear blog or you would not know what is going on with this sham with the NFLPA. You nor anyone else at the PA are not in any position to dictate what any of us read or communicate. I did not elect you and have no respect for anything the NFLPA represents.

    We are independent retired players fighting for what your organization has taken away – and wants to take away – from the rest of us.

    Larry Kaminski
    Denver Broncos
    1966 – 1973

  2. Steve Baack
    October 3rd, 2011 at 1:57 pm #

    Steve Baack

    I was originally under the impression that there was to be a floor of $500 per credited season for pre-93 guys which would then have the legacy amount added to it. Was I not reading things correctly? I don’t see it mentioned anywhere here now.

    Hey, Sam – can you tell me? Assuming you see this post!

    Steve Baack
    Detroit Lions
    1984-1989

  3. Dave Pear
    October 3rd, 2011 at 1:58 pm #

    Dave Pear

    The NBA players better hope that DeMaurice Smith never becomes their union leader because if that nightmare ever happens, the agents will also take over the NBAPA and they can say goodbye to their guaranteed contracts, pensions and disability benefits along with medical benefits once their playing days are over.

    Take a close look at his track record with the NFLPA. Everything has gotten WORSE since he took over from Gene Upshaw. Upshaw was an outright thief but at least you knew it!

    De Smith is talking loud and saying nothing!

    Regards,
    Dave & Heidi Pear

  4. Gregg Bingham
    October 3rd, 2011 at 4:33 pm #

    Gregg Bingham

    All I can say is it ALWAYS seems like the “old shell game.” And I’m afraid there’s actually nothing under any of the shells. I then go to the who’s-on-first routine:

    Like they’ve said here on Dave’s Blog in the past, Denial is Not A River in Egypt – it’s in living color right there at the NFLPA!

    Gregg Bingham
    Houston Oilers
    1973 – 1984

  5. Henry Bradley
    October 4th, 2011 at 3:59 am #

    Henry Bradley

    I’m retired because of being disabled. I didn’t ask for retirement but when I turned 55, the NFLPA changed my status. I wasn’t given any choice in my situation so why can’t I now get what a person at 65 would have gotten?

    Henry Bradley
    Cleveland Browns
    1979 – 1982

  6. Rick Sanford
    October 4th, 2011 at 12:12 pm #

    Rick Sanford NE Patriots

    The union continues to avoid, evade and deny what I feel sure they already know: They’ve given us the “sham”… again. Why does it take this amount of time to tell us, the members, about the benefits that they supposedly already negotiated for us?

    How about the leadership standing up and doing the right thing? They confirm every day why we as retirees need control of our own destiny. This union is the Active Players’ Union. They have shown no ability to represent retirees in any fair – or legal – manner.

    Rick Sanford
    New England Patriots, Seattle Seahawks
    1979 – 1985

  7. Roman Gabriel
    October 4th, 2011 at 12:15 pm #

    Roman Gabriel

    People tend to forget that De Smith worked for Obama. Obama is screwing our country so what do you expect from Smith! Hope and change only works for guys like Brady, Brees and P. Manning! We have to continue to fight for our own old warrior geezers of the apocalyse union! Screw ‘em all! God bless the old warriors!

    Roman Gabriel
    16-Year Vet, #18
    LA Rams, Philadelphia Eagles
    1962 – 1978

  8. Woody Bennett
    October 7th, 2011 at 9:29 pm #

    Woody Bennett

    Dave,

    First let me thank you for your hard work in keeping us informed. I have read the new CBA over and over and I have yet to find anything that helps pre-93ers. And how is it possible that they can increase the disability benefit but not increase it for those on disability before Sept. 1, 2011? I don’t understand how that’s even possible: You mean to say that new disabilities are worth more than past disabilities?

    Woody Bennett
    New York Jets, Miami Dolphins
    1979 – 1988

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