Bob Stein on the Legacy Fund
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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Jan Addison
January 12th, 2012 at 12:44 PM #
Well, Ladies (Widows of NFL & AFL players),
I finally got my questions answered today! I called the 1-800-638-3186 number and spoke with Lashay Rose and Program Director Sarah Gaunt.
Both were very kind and helpful and so sorry to have to inform me that:
WIDOWS WILL GET NOTHING MORE!!!
Jan Addison
widow, Tom Addison
Boston Patriots
1960 – 1968
Gordon Wright
January 12th, 2012 at 3:52 PM #
I was a dues-paying member of the NFLPA & the NFL Alumni. When I was a dues-paying member, I expected the same representation I received when I was a dues-paying member of the AFL/CIO Union with the United States Railroad and I had a shop Steward who was reliable and trustworthy in negotiating my Rights as a worker in the United States of America.
The 1938 Labor Law was never disregarded nor was the 1964 Civil Rights Laws while working for the United States Railroad. My rights as a worker and a laborer were always respected and held to the highest standards. But I will never pay to be represented by the NFLPA or the NFL Alumni again!
I’m saving my money to pay for my Dementia Care!
Gordon Wright
Philadelphia Eagles & New York Jets
1967 – 1970
Larry Kaminski
January 12th, 2012 at 3:54 PM #
Dave,
I have a question someone here may be able to help me with regarding the new benefits program. I understand the Legacy Benefit. However, I have confusion on the paragraph explaining the new floor of $600 if you are presently below that level.
I took the Social Security option so my check is currently just under $115 month. My question: Will my pension benefit base be raised to the new floor of $600?
I also understand that we will be getting two checks?
Thanks for any clarification anyone can give me.
Larry Kaminski
Denver Broncos
1966-1973
Lashay Rose
January 12th, 2012 at 8:09 PM #
Mr. Kaminski –
This is in regards to your fax dated January 11, 2011.
You are eligible for the $600 floor based on your current monthly benefit amount. Please let me know if you have any other questions.
Regards,
Lashay Rose
NFL Player Benefits
(800) 638-3186
Wind beneath the wings of a legend
January 13th, 2012 at 6:42 AM #
Hello, I’m the wife of a retired player and I would like the opportunity to speak with the wives and widows of other retired players.
Please email me at: go_forthand_palpate@msn.com.
Marilyn Bishop
January 13th, 2012 at 1:10 PM #
I was disappointed when I heard that widows were not included in the Legacy funding!
My husband, Bill Bishop, was a 10-year NFL veteran playing from 1952-1961. He played nine years with the Chicago Bears and one year with the Vikings. I feel he contributed to the League.
Please inform me if my information about the funding is incorrect. Thank you.
Marilyn Bishop
widow Bill Bishop (1931 – 1998)
Chicago Bears 1952 – 1961
Minnesota Vikings 1962
Tom Beer
January 13th, 2012 at 2:14 PM #
Dave-
Let’s hope the NFLPA does the right thing for us and includes ALL Legacy Fund income, retroactive from August, in our upcoming initial check. It’s clearly obvious our Union didn’t have retired players’ best interests at heart when they begrudgingly (I believe) negotiated our benefits package with the NFL last Summer.
I believe most pre-’93 vested retirees would agree that the NFLPA owes us at least this much!
Tom Beer
Denver Broncos, New England Patriots
1967 – 1973
Dick Bielski
January 13th, 2012 at 3:15 PM #
One of my best friends, Bob Pellegrini, died in April of 2011. He took less pension so his wife, Dolly, could be taken care of after his death.
We have just learned that even though he took the surviving widow benefit, Dolly will receive nothing from the Legacy Fund.
What a sad state of affairs this one turns out to be.
Dick Bielski
Philadelphia Eagles, Dallas Cowboys & Baltimore Colts
1955 – 1963
Bob Babich
January 13th, 2012 at 6:49 PM #
Dave,
Just received the Legacy Benefit package. After reviewing it, I feel a stab in my back. Having played ten years in the league, my value increased $100 per year extra! WOW! All that from a league making Billions of dollars year-after-year and will continue to do so?
This being a ten-year contract is completely unacceptable based on the league’s worth. Doesn’t $100 per year extra come to something like .000000001% (catch my drift)?!! This amounts to nothing more than beer & hot dog money!!!
With the league now talking expansion over this timeframe, will there be a cost-of-living increase? Our contract needs to protect us, seeing as we have no medical coverage whatsoever in this deal.
Also, what’s happening with the Eller case? Has the court made a ruling yet? If not, when? And if we get a favorable ruling will the benefit dollars be increased for all?
I personally feel this is not a fair deal for us old timers and it looks a lot like a 70′S STYLE UNION DEAL!!!
Love reading your posts – feel free to use my comments.
Thanks,
Bob Babich
San Diego Chargers & Cleveland Browns
1969 – 1978
Jackie Burkett
January 15th, 2012 at 5:26 PM #
Dave,
How did Bob even get to talk to anyone? I’ve called the Benefits office four times, left my number and never even got one call back yet.
All they would have to do is issue a statement about when we can expect some movement on our new Benefits. They wouldn’t have to handle all the calls if they just communicated.
I was going to tell them that. But never got the chance to speak to anyone.
Jackie Burkett
Baltimore Colts, New Orleans Saints, Dallas Cowboys
1961 – 1970
Fred Anderson
January 15th, 2012 at 6:25 PM #
Dave,
My only question: Will the retired players who are currently taking NFL pension be the only ones getting the Legacy Fund check?
Please clarify.
Fred Anderson
Pittsburgh Steelers, Seattle Seahawks
1978 – 1982
Art Graham
January 17th, 2012 at 11:59 AM #
I took the Social Security option and currently receive $356 a month. So does this mean I’m now going to receive $600 a month base plus $124 a month for each of the 6 seasons I played? My life-only pension option is $744 a month and does not include the $600 base – very confusing!??
Art Graham
Boston Patriots
1963 – 1968
Diane Huth
January 17th, 2012 at 8:00 PM #
Hi Dave:
I thought that I would give you an update on the recent CBA. I called the NFL Benefits today regarding the increase in pension. Since my husband died on February 11, 2011, I am not eligible for the increase in pension benefits. The NFL did not send me a letter to sign. When I inquired, the representative replied that “beneficiaries are not included at this time.” What does that mean? I guess it means widows are excluded from the increase in benefits.
It would be interesting to see if other widows who start to receive pension benefits after the new CBA was signed will receive an increase in benefits. Any information on this will be very interesting.
Sincerely,
Diane Huth
widow Gerry Huth (1933 – 2011)
New York Giants, Philadelphia Eagles, Minnesota Vikings
1956 – 1963
Tom Beer
January 19th, 2012 at 4:33 PM #
Dave -
After reading Bob Babich and other vested pre 93′ retirees’ comments regarding our pathetic Legacy Fund Benefit culled from the CBA, it’s important to realize how much we got hosed by the NFLPA having NO designated retired players negotiating on our behalf.
Using projected income numbers, $62 million of 2012′s projection of $9 billion is approximately 3/4 of 1%. Furthermore, the NFL’s projection for 2016 is $12 billion dollars. With no COLA adjustment, $62 million of this number actually decreases to 1/2 of 1%.
Now for the bad news: The NFL announced in late December that the major TV networks extended their contracts for 8 more years with projected earnings escalating to $22 billion in 2021. Our cut from this projection: Approximately 1/4 of 1%. What’s more, our union negotiated a 4.5% increase for active players from all future NFL income.
Bob Babich was right (and Dan Pastorini too)! Our deal was taken right out of the 1970′s CBAs: $1 for us, $1 million for them!
Tom Beer
Denver Broncos, New England Patriots
1967 – 1973
Burt Grossman
January 20th, 2012 at 2:20 PM #
Gee, I sure am glad I rushed back my first letter! It’s now been 7 weeks since returning the first one and still no second one. Maybe next month. Or next year…
Burt Grossman
Jan Addison
January 22nd, 2012 at 10:06 PM #
Diane,
I discovered the same information when I called the Plan Director last week. Both ladies I spoke with were very kind and helpful and one of them suggested I “write a letter to the Board” explaining that many of the widows are probably dealing with many of the same issues- loss of income from Social Security, previous pensions that had no option to continue after death, lack of life insurance because of “High Risk,” etc. to be told WIDOWS WILL GET NOTHING MORE was a shock that left me in tears!
Call me if you (or any other widow) would like to chat. Get my phone no. or e-mail from Dave Pear.
Jan Addison
widow, Tom Addison
Boston Patriots
1960 – 1968
First President, AFLPA
Burt Grossman
January 23rd, 2012 at 8:18 AM #
It’s a sad situation and it was a very sad deal for retired players and their families. $100 a month increase for a ten-year CBA deal with no COLA was beyond pathetic. In simple math, that’s about a $10.00 a year increase. Even Upshaw would throw in a $50.00-per-season monthly credit every now and then. You would think that there would’ve been been an increase to the Bert Bell pension like there has been in every new CBA as well as this additional Legacy Fund. After all, they’re two seperate funds with two seperate elections and checks payable to us each month.
The reality in the numbers over the 10 years is actually worse than the old scrap increases we used to get thrown in past CBA’s under Upshaw.
Burt Grossman
Tom Beer
January 23rd, 2012 at 3:31 PM #
Dave-
I have been a member of the NFLPA since 1967 and have grown immune to getting screwed by our Union. I have learned over the years that whatever promises were made to us by Ed Garvey, the late Gene Upshaw or DeMaurice Smith have to be taken as science fiction. Former NFLPA vice president Frank Woschitz once addressed our Tri-State retired chapter in the late 80′s and said the NFLPA had on the drawing board a retirement village in Florida designed for retired players. I wonder when they plan to break ground for this facility?
I also wonder why DeMaurice Smith flatly rejected the NFL Management team’s offer to pay pre-’93 vested retired players approximately $2000 additional per month per player as they proposed during CBA negotiations last Summer. And instead, they begrudgingly agreed to a paltry $124 per month per season. Indeed, as long as the NFLPA refuses to allow us a designated seat at the bargaining table, we will continue to gather crumbs from the NFL’s multi-billion dollar banquet table.
Tom Beer
Denver Broncos, New England Patriots
1967 – 1973
Janet & Michael C. McCoy
January 24th, 2012 at 3:17 PM #
If the current widows are not included in this benefit, what will happen to future widows? “They” say benefits will continue for a short while after our husbands die but do not give a time frame. We still haven’t received a second letter as well.
Are they trying to come up with yet another loop hole?
Janet Brown-McCoy
for Mike McCoy
Green Bay Packers
1976 – 1983