January 11, 2012 . To: Fellow Retired NFL Players From: Bob Stein RE: Legacy Benefit .
Men, .
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: .
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. .
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. .
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. .
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. .
I hope this helps. .
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: . “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.” .
Happy New Year, good luck and good health to all in 2012. . Bob Stein
Kansas City Chiefs, LA Rams
1969 – 1975 . . .
Here’s a yearend update from Hausfeld LLP and Zelle Hofmann including articles from disability attorney John Hogan and George Visger. . We’ve uploaded their newsletter 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): . The Voice – NFL Retiree Newsletter, Vol 1, Issue 2 .
As many of you know by now, Fred Dryer is one of the lead plaintiffs in the lawsuit against the NFL and NFL Films. Many of the retired players have been wanting to know more details on how that lawsuit has been progressing. So earlier today, we had a conversation with Fred and a few of the other players involved in that litigation to hear more of what has been happening so far. . “The plaintiffs in Dryer vs NFL fired Bucky Zimmerman and Zimmerman Reed for cause. . “We felt that he lied to us and we had lost our trust with him and his firm. . “We were fortunate to have retained Bob Stein and Tom Ward and it allowed them to bring Michael Hausfeld and Zelle Hoffman Voelbel & Mason on board in a timely and professional fashion.” . . . continue reading »
In case some of you missed it last year, there was a lawsuit filed on behalf of all retired football players to recover royalties from the NFL and NFL Films for re-packaging and distributing footage of games from years past. The suit was initiated by attorney and former player Bob Stein (1969 – 1975 Kansas City Chiefs, LA Rams, Minnesota Vikings and San Diego Chargers) and filed in August 2009 and it was originally led by plaintiffs Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini and Ed White. .
Since then, the case has gone through some changes that we’ve learned about through the many public filings available in the court system. We’ve noticed that Zimmerman & Reed is no longer representing this class (all of the plantiffs have apparently fired them) and we have also learned that Hausfeld LLP and Zelle Hoffman (both firms from the ongoing Eller Class action) have now added their weight and resources to keep moving this lawsuit forward with Bob Stein. . continue reading »
Dr. William A. Duncan serves as President of Capitol Strategy Consultants, Inc., where he represents clients on healthcare, biomedical research, veterans, Department of Defense, and criminal justice and public health arenas. His clients benefit from his extensive background in the congressional appropriations process and heath care regulations. . In the medical realm, Dr. Duncan supervised numerous legislative priorities including National Institutes of Health reforms for setting research priorities, expansion on biomedical research infrastructure, AHRQ and evidence-based medicine initiatives, NIH and CDC initiatives in environmental medicine, amputee services, and addressing chronic disease including diabetes and public health. He dealt with Centers for Medicare & Medicaid services problems, including getting CMS to approve a new indication for hyperbaric oxygen to reduce diabetic foot amputations, reducing the regulatory burden on health care, prescription drug, and FDA issues. . (Our videos are hosted on Veoh in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) To follow the entire slideshow, we suggest starting the video and then opening the slideshow full screen so you can hear the accompanying narration. .
Ed Nemeth, a successful, highly educated and trained businessman with a background in neurological research is the father of a severe quad CP child. Shortly after his daughter Rebecca’s complicated birth and cardiac arrest for 35 minutes he and his wife were presented with the unspeakable-yet-strongly-suggested single choice for their first-born child: Discontinue life support or allow their child to continue brain dead. Devoid of options, the Nemeths discontinued life support; Rebecca rallied and lived. Five years later, through their indefatigable efforts, the Nemeths found HBOT and after a short course of HBOT, their daughter experienced a quantum leap in neuro-cognitive function and significantly improved movement and coordination. . Based on his daughter’s dramatic improvement, Mr. Nemeth vowed to make HBOT available to all of Rebecca’s Friends and to offer parents another choice to removing their children from life support. To do so, he underwrote the “2001 2nd International Symposium on Hyperbaric Oxygenation and the Brain-Injured Child” held in Boca Raton, Florida. . Starting with a personal story in which hyperbaric oxygen therapy played a dramatic role in his daughter’s recovery, Ed also shares his story about meeting George Visger and providing him with HBOT treatment for his longstanding brain concussion damage. Then Ed presents a compelling slideshow with facts on hyperbaric oxygen treatments. . (Our videos are hosted on Vimeo in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) To follow the entire slideshow, we suggest starting the video and then opening the slideshow full screen so you can hear the accompanying narration. .
Attorney Carl Lopez graduated from Georgetown University Law School in 1975 and is a member of the Washington State Bar and President of Lopez & Fantel, a Seattle law firm. He has been named multiple times to Law and Politics Magazine’s list of Washington Super Lawyers. He’s also a member of the Million Dollar Advocates and Multimillion Dollar Advocates. Selected for “The Best Lawyers in America.” Carl is a certified Contract Advisor, with his first NFL contract negotiation in 1978; among players represented are Jack Thompson and more recently, Robbie Tobeck. . On very short notice, Carl managed to fly in just for the day from Seattle and gives an overview on the current CBA and the Union’s decertification with an emphasis on how it will affect retired players directly. Carl also reveals some fascinating anecdotes from his many years of dealing with the NFLPA and the NFL while representing many players. . (Our videos are hosted on Vimeo in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) .
Steve Reimers was introduced to hyperbarics as a young Naval officer in 1969 and has been designing and building hyperbaric facilities ever since. Presently he runs two companies, Reimers Systems, Inc. (RSI) and Hyperbaric Clearinghouse, Inc. (HCI). RSI is a major installer of monoplace chambers. They have developed liquid cylinder based oxygen supply systems and air ventilation equipment that make it possible to establish a monoplace center nearly anywhere. . Steve gives an excellent primer on the long history of hyperbaric oxygen therapy (HBOT) and its effectiveness in healing. Steve then discusses recent advances in its use for treating brain injuries and efforts needed to get this treatment into mainstream healthcare. . (The videos are hosted on Vimeo in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) .
James K. Wright, MD, Col, USAF (Ret) is the principal investigator for the National Brain Injury Rescue and Rehabilitation Trial (NBIRR) in which individuals with TBI or PTSD can receive hyperbaric oxygen treatment for their injuries. He recently retired from the Air Force where was the group surgeon for the 720th Special Tactics Group, Air Force Special Operations Command, and prior to that time directed hyperbaric research for the Air Force. He is board certified in Undersea and Hyperbaric Medicine. .
At our IFV Conference, Dr. Wright discusses his ongoing studies on the dramatic successes with hyperbaric oxygen therapy (HBOT) in treating wounded troops coming back from the Middle East. He points out the striking similarities between military studies and the recent discoveries made in treating the effects of concussions in professional football players. . (The videos are hosted on Vimeo in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) .
George Visger, 52, earned the ultimate prize in professional football: a championship with the San Francisco 49ers in Super Bowl XVI in 1982. The former defensive tackle also bagged an Orange Bowl victory while playing with the University of Colorado. .
But now he’s paying the ultimate price for all those years on the gridiron. After thousands of on-field hits to his head, hydrocephalus, and multiple brain surgeries, he is struggling with memory problems. And he receives absolutely NO benefits whatsoever – pension or disability – from the NFL in spite of his Super Bowl ring because he doesn’t meet their arbitrary 3-year vesting rule! .
George is currently an environmental consultant in California. . Dan Bunz is a former American Football linebacker who played for the San Francisco 49ers and the Detroit Lions in an eight-year career that lasted from 1978 to 1985 in the National Football League. .
As a linebacker for the 49ers in Super Bowl XVI, he made one of the most famous defensive tackles ever witnessed. On a critical 3rd-and-goal from the one-yard line, Anderson passed to Charles Alexander in the right flat, but Bunz came up fast, grabbed the receiver around the waist, and hurled him backward before he could break the plane of the goal line. “The Stop” is regarded as “The Best Thing Witnessed On TV Ever.” He was a member of the San Francisco 49ers Super Bowl XVI and Super Bowl XIX winning teams. .
Dan currently teaches Physical Education at Sutter Middle School in Sacramento. He also teaches people of all ages in being healthy and fit. .
Here are George and Dan telling the audience about the reality of their lives after football with an emphasis on the long-term effects of concussions and the failed disability process and system that the NFL and the NFLPA continue to impose on its retired employees. .
Ron Mix played right tackle and guard for the American Football League’s Los Angeles/San Diego Chargers (1960–1969) and the NFL Oakland Raiders (1971& 1972). Because he had a Juris Doctor in Law degree, Mix was nicknamed “The Intellectual Assassin” for his physical play. Mix was called for a mere two holding penalties in ten years. Ron was inducted into the Pro Football Hall of Fame in 1979 along with Dick Butkus and Johnny Unitas. .
After football, Ron transitioned into law. He currently specializes in Workers’ Compensation cases for professional athletes in many sports arenas and provided a Workers Compensation 101 overview for our retired players. . (Our videos are hosted on Vimeo in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) .
Bob Stein is a two-time All-American and Super Bowl champion. Stein at age 21 was the YOUNGEST player to ever play in a Super Bowl. Stein graduated in the top 10% of the University of Missouri – Kansas City Law School, having attended while playing full time for the Chiefs. Stein was the first president and CEO of the NBA’s Minnesota Timberwolves, a position he held until 1995. He was a long-time sports agent before becoming President of the Timberwolves, and is a licensed attorney. Additionally, he was appointed to the Minnesota Boxing Commission in December 2007 by Governor Tim Pawlenty. .
Bob is currently an attorney practicing in Minneapolis MN and involved with his long-time friend and associate, Bucky Zimmerman, in the NFL Films class action lawsuit on behalf of retired NFL football players – Dryer v. NFL – and will be providing an update with his associate in the lawsuit, Bucky Zimmerman. . Bucky Zimmerman, one of two founding partners of Zimmerman Reed, is a nationally recognized leader in complex and class action litigation. He frequently speaks at industry conferences as well as CLE’s. During more than 30 years of practice, Bucky has successfully represented hundreds of thousands of clients through individual actions and nation-wide class actions in significant and demanding cases involving the tobacco industry, defective drug cases, and shareholder suits. He currently serves as Co-Lead Plaintiffs’ Counsel in Baycol, Guidant, Medtronic, and Zicam MDLs. .
Bucky and Bob discuss their current class action lawsuit on behalf of retired players vs NFL Films (Dryer vs NFL Films). Bucky also gives a pragmatic overview on winning vs. losing as well as some practical advice on how lawsuits really work. . (Our videos are hosted on Vimeo in HD and you can watch them full screen by clicking on the Expand button in the lower right corner of the video window.) .
This just came in over the wire regarding the new class action lawsuit with the NFL and NFL Films. The courts in Minnesota have upheld the suit and is allowing it to proceed. Here’s the press release along with a copy of the Order Denying the NFL’s Motion to stop the lawsuit posted on Scribd for easier access and viewing. (Click on the FULL SCREEN button to enlarge it for easier navigation – hit the ESC key to close. You can also click the DOWNLOAD button to save a PDF copy for printing and reading. )
Chalk up another one for the old guys! Retired players are so sick and tired of getting ripped off every time they turn around. We recently came across an article that Electronic Arts was partnering with The Weather Channel to pay them for weather statistics to make Madden Football X more “realistic” – but they DON’T want to pay the retired football players themselves for their stats in order to make the game more “realistic”. I wonder when they’re planning on screwing around with the weather so they won’t have to pay for that either. Read all about the weather by clicking HERE.
So when you use the retired players’ likenesses right down to their race, size and stats, is that realistic enough for you, EA? But you don’t want to pay for that and you want to pay for the weather? Recently, EA announced that they were no longer going to be using retired players in their video games. Ha!
January 11, 2012
Bob Stein
As many of you know by now, Fred Dryer is one of the lead plaintiffs in the lawsuit against the NFL and NFL Films. Many of the retired players have been wanting to know more details on how that lawsuit has been progressing. So earlier today, we had a conversation with Fred and a few of the other players involved in that litigation to hear more of what has been happening so far.
“We were fortunate to have retained Bob Stein and Tom Ward and it allowed them to bring Michael Hausfeld and Zelle Hoffman Voelbel & Mason on board in a timely and professional fashion.”
In case some of you missed it last year, there was a lawsuit filed on behalf of all retired football players to recover royalties 
James K. Wright, MD, Col, USAF (Ret) is the principal investigator for the National Brain Injury Rescue and Rehabilitation Trial (NBIRR) in which individuals with TBI or PTSD can receive hyperbaric oxygen treatment for their injuries. He recently retired from the Air Force where was the group surgeon for the 720th Special Tactics Group, Air Force Special Operations Command, and prior to that time directed hyperbaric research for the Air Force. He is board certified in Undersea and Hyperbaric Medicine.
George Visger, 52, earned the ultimate prize in professional football: a championship with the San Francisco 49ers in Super Bowl XVI in 1982. The former defensive tackle also bagged an Orange Bowl victory while playing with the University of Colorado.
Dan Bunz is a former American Football linebacker who played for the San Francisco 49ers and the Detroit Lions in an eight-year career that lasted from 1978 to 1985 in the National Football League.
Ron Mix played right tackle and guard for the American Football League’s Los Angeles/San Diego Chargers (1960–1969) and the NFL Oakland Raiders (1971& 1972). Because he had a Juris Doctor in Law degree, Mix was nicknamed “The Intellectual Assassin” for his physical play. Mix was called for a mere two holding penalties in ten years. Ron was inducted into the Pro Football Hall of Fame in 1979 along with Dick Butkus and Johnny Unitas.
Bucky Zimmerman, one of two founding partners of Zimmerman Reed, is a nationally recognized leader in complex and class action litigation. He frequently speaks at industry conferences as well as CLE’s. During more than 30 years of practice, Bucky has successfully represented hundreds of thousands of clients through individual actions and nation-wide class actions in significant and demanding cases involving the tobacco industry, defective drug cases, and shareholder suits. He currently serves as Co-Lead Plaintiffs’ Counsel in Baycol, Guidant, Medtronic, and Zicam MDLs.
