Former NFL Players: Disabilities, Benefits, and Related Issues

Congressional research reportApr 8, 2008

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Order Code RL34439

Former NFL Players: Disabilities, Benefits, and

Related Issues

April 8, 2008

L. Elaine Halchin

Analyst in American National Government

Government and Finance Division

Former NFL Players: Disabilities, Benefits, and Related

Issues

Summary

Professional football is a very popular sport, and the physical nature of the

game of football is part of its appeal, but, at the same time, playing the game can

exact a physical and mental toll on players. Violent collisions, as well as other

aspects of the sport, can and do cause injuries. Each week during the season, the

National Football League (NFL) releases an injury report that lists, for each team,

players who are injured, the type or location of the injury (for example, “concussion,”

“knee,” or “ribs”), and the players’ status for the upcoming game. During the 2007

season, aside from weeks one and eight, at least 10% of NFL players were identified

each week as being injured. Players’ injuries and current health conditions (for

example, excess weight and sleep apnea) might have long-term consequences for

their health, meaning that today’s injury might become a chronic health problem or

disability during retirement from the NFL. The issue has received considerable

attention from Congress, including hearings in both chambers.

Through collective bargaining agreement (CBA) negotiations and other

discussions, the NFL and the NFL Players Association (NFLPA) have established a

number of benefits, including retirement benefits (that is, a pension), severance pay,

total and permanent disability benefits, and an annuity program. Some benefits are

available to all players, while other benefits are available only to players who played

in the NFL during certain years. Additionally, some benefits have eligibility

requirements. Funds for benefits that are included in the CBA come from the portion

of the league’s total revenues that is allocated to the players. Apparently, the NFL

and the NFLPA determine how to fund other benefits.

The NFL and the NFLPA have taken steps to promote the health and safety of

players. The league has established several committees, such as the Mild Traumatic

Brain Injury (MTBI) Committee, and, through NFL Charities, awards grants for

medical and scientific research related to health and safety issues. The NFLPA has

a medical advisor and a performance consultant, and there is an NFL-NFLPA joint

committee on player safety.

The subject of injuries, disabilities, and benefits is a complex one, and there are

a variety of issues surrounding this subject. For example, it has been argued that the

way compensation is structured within the NFL might induce an individual to play

while injured instead of seeking medical treatment. The oldest retired players might

make up a subset with exceptional financial and medical needs, because they (1)

might not have been protected as well as current players are; (2) might have received

medical care that, while the best available at the time, was not as effective as the care

available today; and (3) are not eligible for all of the benefits available to current

players. Another issue involves MTBI research and whether multiple concussions

might have long-term effects. The NFLPA proposed three legislative options in

2007. Other possibilities include establishing one or more ombudsman offices or

taking steps to mitigate the economic risk of injuries and disabilities. This report will

be updated as events warrant.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

The Game of Football and the Health of Players . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

The Nature of the Game of Football . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Health Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

NFL and NFLPA Benefit Programs and Plans . . . . . . . . . . . . . . . . . . . . . . . . . . 18

History of Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

How Benefits Are Funded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Benefits for Former Players . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

NFLPA Retired Players Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Players Assistance Trust (PAT) Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

The Alliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Other Efforts to Aid Former Players . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Selected Organizations and Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Active Players’ Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

NFL and NFLPA Health and Safety Initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . 50

NFL Injury and Safety Panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

NFL Cardiovascular Health Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

NFL Medical Research Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

NFL Mild Traumatic Brain Injury Committee . . . . . . . . . . . . . . . . . . . . . . . 53

NFL and NFLPA Education Efforts for Players . . . . . . . . . . . . . . . . . . . . . 54

NFLPA Medical Consultant and Performance Consultant . . . . . . . . . . . . . 55

NFL and NFLPA Joint Committee on Player Safety and Welfare . . . . . . . 56

Discussion of Selected Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Injuries and Financial Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Selected Challenges for Some Retired Players . . . . . . . . . . . . . . . . . . . . . . 74

Total and Permanent (T&P) Disability Benefit . . . . . . . . . . . . . . . . . . . . . . 76

Is There a Subset of Former Players with Exceptional Needs? . . . . . . . . . . 86

What Is Known about Injuries and Possible Long-Term Consequences? . . 92

Studies on Possible Long-Term Effects of MTBI . . . . . . . . . . . . . . . . 92

Susceptibility to an Additional MTBI . . . . . . . . . . . . . . . . . . . . . . . . . 97

Chronic Traumatic Encephalopathy (CTE) . . . . . . . . . . . . . . . . . . . . . 98

NFL’s Approach to MTBI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

Funding for the Retirement Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

What Is the Extent of the NFLPA’s Capacity? . . . . . . . . . . . . . . . . . . . . . 112

Medical Care for Active Players . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

Access to Medical Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

Arrangements for Medical Care and Treatment . . . . . . . . . . . . . . . . . 114

Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

Possible Courses of Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

NFLPA’s Suggestions for Legislative Action . . . . . . . . . . . . . . . . . . . . . . 119

Establish Federal Standards for Workers’ Compensation . . . . . . . . . 120

Permit Unions to Manage Their Benefit Plans . . . . . . . . . . . . . . . . . 120

Eliminate the Requirement for the Disability Initial Claims

Committee (DICC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Other Suggestions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

Mitigation of Economic Risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

Independent Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

Data: Collection, Quality, and Access . . . . . . . . . . . . . . . . . . . . . . . . 124

Establish an Ombudsman Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

Concluding Observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

Appendix A. Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

Appendix B. NFL and NFLPA Studies Concerning Players’ Health . . . . . . . . 134

Planned or Ongoing Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136

Appendix C. Members of the Mild Traumatic Brain Injury Committee and

Retired Player Study Investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

MTBI Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

Retired Player Study Investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139

Appendix D. Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

List of Tables

Table 1. The NFL’s Major Television Rights Contracts, 2006-2013 . . . . . . . . . . 1

Table 2. Number of Players Listed on the NFL’s Injury Report, 2007 Season . . . 7

Table 3. NFL Players’ Injuries by Type of Injury, 1997-1999 . . . . . . . . . . . . . . . . 9

Table 4. Selected NFL-NFLPA Benefits as of October 2007 . . . . . . . . . . . . . . . 30

Table 5. Players Assistance Trust Fund Grants, by Grant Type, 1991-2007 . . . . 43

Table 6. Players Assistance Trust Fund Grants, by Year, 1991-2007 . . . . . . . . . 43

Table 7. NFL Charities’ Grants for Research Related to Players’ Health,

2003-2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Table 8. Signing Bonuses Among NFL Players, 1993-1997 . . . . . . . . . . . . . . . . 64

Table 9. Signing Bonuses Among NFL Players, 1998-2002 . . . . . . . . . . . . . . . . 66

Table 10. Signing Bonuses Among NFL Players, 2003-2007 . . . . . . . . . . . . . . . 68

Table 11. Range of Percentage of Total Players Who Received a Signing

Bonus, by Signing Bonus Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Table 12. Total and Permanent Disability Payments by Category . . . . . . . . . . . . 78

Table 13. Selected Criteria for Football Degenerative and Inactive

Categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

Table 14. Effect of 15-Year Threshold on Eligibility for

“Football Degenerative” Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Table 15. Number of Players Who Are Receiving or Have Received T&P

Benefits, as of October 23, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

Table 16. Benefits Available to Players . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

Table 17. Recipients of NFL Charities Grants for MTBI and Related Research,

2003-2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

Former NFL Players: Disabilities, Benefits,

and Related Issues

Introduction1

Professional football, notably the National Football League (NFL), is the

favorite sport of many in the United States.2 Recognized by some as “America’s

most popular spectator sport,” the NFL’s “popularity has never been greater: in the

past 20 years, football has sharply widened its lead over baseball as America’s

favorite professional sport, according to a Harris Poll in December [2005]. Fans

choose football over baseball, basketball and auto racing combined....”3 The

popularity of the sport also is reflected in the league’s major television rights deals,

which are summarized in Table 1.

Table 1. The NFL’s Major Television Rights Contracts,

2006-2013

Network or Cable

Channel

Years Covered by

the Contract

Total Rights Fee

Average Annual

Value

CBS and Fox

2006-2011

$8.0 billion

$1.3 billion

NBC

2006-2011

$3.6 billion

$600 million

ESPNa

2006-2013

$8.8 billion

$1.1 billion

$20.4 billion

$3.0 billion

Total

Source: Sports Business Resource Guide & Fact Book, 2006 (Charlotte, NC: Street and Smith’s

Sports Group, 2005), p. E-120.

a. A comparable television rights deal between Major League Baseball and ESPN, for the period

2006-2013, has a total rights fee of $2.37 billion and an average annual value of $296 million.

(Sports Business Resource Guide and Fact Book, 2006, 2005, p. E-120.)

Throughout the documents that govern retirement and disability benefits,

“active” players are distinguished from inactive, or retired, players. In this context,

“active” players generally are those under contract to a club or between teams; the

This report was prepared at the request of the House Committee on the Judiciary.

A list of acronyms used in this report may be found at Appendix D.

Hoover’s, Inc., “National Football League,” Dec. 11, 2007, available at

[http://www.lexisnexis.com/]; and Steven Levingston, “NFL Plays Smash-Mouth Ball When

It Comes to Branding,” Washington Post, Feb. 5, 2006, p. A7.

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term roughly corresponds to the bargaining unit under the CBA. The term “active

player” also can arise in distinguishing among categories of players who are

employed by teams. For example each team is permitted a maximum of 53 players

on its roster for a game. This limited roster comprises an Active list, not exceeding

45, and an Inactive list. However, “active players,” as used generally in this report

extends beyond roster players those players employed while in other categories,

injured reserve, for example.

Active and future players are represented by the NFL Players Association

(NFLPA), which is the sole and exclusive bargaining representative for players.4 The

average length of an NFL career is three and one-half seasons, and the average salary

(which may include other types of compensation; see below for additional

information) is $1.1 million.5 Including both vested (i.e., having earned a sufficient

number of “credited seasons” to qualify for retirement benefits) and nonvested

players, the number of retired (or former) players is approximately 13,000. Vested

players number approximately 7,900.6 Although, under the collective bargaining

agreement (CBA), the NFLPA does not represent former players, it does negotiate

with the NFL for benefits for retired players.7

Playing professional football can, for some individuals, exact a significant

physical, and, in some cases, mental, toll. Yet, the excitement of big hits is part of

the attraction of the sport. In 2003, ESPN introduced a segment, “Jacked Up,” that

featured the five biggest hits from the weekend’s games, except for plays that

National Football League and NFL Players Association, NFL Collective Bargaining

Agreement, 2006-2012, Mar. 8, 2006, p. 3. The term “future players” refers to individuals

who had been previously employed by an NFL team and who are seeking employment with

an NFL team; all rookie players, once they have been selected in the current year’s draft;

and all undrafted rookie players, once they begin negotiations with an NFL team. (Ibid.)

NFL Players Association, “FAQs: NFL Hopefuls FAQ,” available at

[http://www.nflpa.org/Faqs/NFL_HopefulsFaq.aspx] as of Jan. 14, 2008, on file with the

author. The NFL Players Association established a new website in Mar. 2008, replacing the

original url [http://www.nflpa.org], with this url: [http://www.nflplayers.com]. (NFL

Players Association, “Ready, Set, Click! NFLPA to Launch New Website This Month,”

Mar. 6, 2008, available at [http://www.nflplayers.com/user/content.aspx?fmid=178&lmid=

443&pid=310&type=n].) Following this change, some of the NFLPA documents obtained

from the previous website apparently are no longer readily accessible at the new website.

Citations for these documents include the date the author accessed and printed the relevant

document. However, some of these documents are pdf documents, which means that the

dates they were accessed via the previous NFLPA website do not appear on the document.

The citations for this particular group of documents notes the month and year they were

downloaded. Regarding documents obtained from the previous website that are accessible

at the new website, the current url is provided.

Letter from Eugene Upshaw, Executive Director, NFL Players Association, to Reps. John

Conyers, Jr., Lamar S. Smith, Linda T. Sanchez, and Christopher B. Cannon, Nov. 5, 2007,

p. 8.

A Supreme Court ruling stated that “the ordinary meaning of ‘employee’ does not include

retired workers....” (Allied Chemical & Alkali Workers of America, Local Union No. 1 v.

Pittsburgh Plate Glass Co., Chemical Division, 404 U.S. 157 (1971), at 392.)

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resulted in an injury or a penalty.8 Television news broadcasts often carry video

replays of especially hard collisions. Some players achieve renown as “big hitters.”

Despite the popularity of the physical nature of the game, it is balanced by

concern for the players. One sports journalist has written of the game’s violence,

“Players live for it, fans love it, media celebrate it — and all bemoan its devastating

consequences. The brutal collision of bodies is football’s lifeblood, and the NFL’s

biggest concern.”9

For the purposes of this report, distinctions are made between injuries,

disabilities classified as such under the Bert Bell/Pete Rozelle NFL Player Retirement

Plan (“retirement plan”), disabilities generally, and chronic health problems. An

injury is damage that occurs to an individual’s body, in this case a professional

football player, such as an abrasion, or a sprained ankle, torn muscle, or concussion.

A retirement plan disability is a medical condition that qualifies as a disability under

the NFL and NFLPA retirement plan. (See below for additional information about

the different types of disabilities for which benefits are provided under the retirement

plan.) The term “disability” also may be interpreted more broadly to include any

inability or incapacity. Thus, a retired player who is incapable of performing one or

more particular activities or functions, but does not receive any retirement plan

disability benefits, also may be considered to be disabled.10 The phrase “chronic

health problems” refers to conditions or illnesses that interfere with the activities of

daily living, but do not rise to the level of rendering a player unable or incapable of

performing an activity or function. For example, as reported by the Los Angeles

Times in 2000, Joe Montana, former quarterback for the San Francisco 49ers, “does

not qualify for disability payments ... [and appears] to be living a healthy, active postcareer life, [but he] suffers from an aching knee that makes [playing] golf painful, a

numb foot that makes walking awkward and occasional blurred vision from too many

hits to the head.”11

Although the focus of this report is on former players, and their health problems

and benefits, the report also covers certain issues involving active players. The

health of retired players derives in part from the injuries and medical conditions (such

as excessive weight, if not obesity) that they may have experienced during their

playing days. Accordingly, some of the conditions, terms, or policies under which

active players perform might have some bearing on their current and long-term

health. The issue of former players and their health and benefits has received

considerable attention from Congress, including hearings in both chambers.

Tim Layden, “The Big Hit,” Sports Illustrated, July 30, 2007, p. 58.

Ibid., p. 53.

For example, a former player who is disabled but does not receive any disability benefits

might not have applied for benefits; might not be eligible for disability benefits; might have

applied and have his application pending; or might have applied, but had his application

denied.

Steve Springer, “After Care: Medical Benefits; Disability Payments Ease Pain; Unlike in

Years Past, Former Players Who Are Totally and Permanently Disabled Receive Monetary

Compensation,” Los Angeles Times, Jan. 25, 2000, p. D8.

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The next section describes the physical nature of the game of football, injuries,

and health problems and is followed by a section on benefit programs and plans

available to former players. After an overview of other organizations’ efforts to aid

former players, this report examines the NFL’s and the NFL Players Association’s

health and safety initiatives, examines selected issues, and discusses possible courses

of action.

The Game of Football and the Health of Players

Introduction

Comprehensive data about the health of former players apparently are not

collected and maintained, either by the NFLPA or the NFL, or by a third party. The

NFLPA is not aware of “any source of general data on the current health” of the

7,900 former players who are vested.12 Individual teams may have some information,

but, apparently, the Retirement Plan Office does not.13

Neither the players association nor the league collects data on number or

percentage of players who retire because of an injury or injuries.14 The NFLPA

notes:

[Players] may leave the game for several reasons. Statistics about why NFL

players retire can be misleading. Most careers are not affected by a muscle or

bone problem that causes a person to be one-half of a second slower in the 40yard dash. In the NFL, that half-second could cost a player his job. The vast

majority of players who leave the NFL, including those who leave because of

injury, are in most respects quite healthy and capable of other employment.15

Although the last statement in this passage may be accurate, confirmation is difficult

due to the dearth of evidence, and possibly some of the individuals who are “quite

healthy” upon leaving the NFL might develop football-related disabilities later in life.

The NFL offers several possible reasons individuals retire from professional

football: “Players retire for many reasons: because they do not make the team,

because they wish to start their second career, because they lose the desire to play,

or because they wish to spend more time with their families.”16 Nevertheless, the

NFL has some information on this subject which suggests that, for the period 19942004, at least 181 players retired for health reasons. This figure is 4% of the “4,362

players who earned a Credited Season” during the same period and who “appear to

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 8.

Ibid., p. 7. The Retirement Plan Office is responsible for administering the retirement

plan which is part of the collective bargaining agreement.

Ibid., p. 13; Letter from Roger Goodell, Commissioner, National Football League, to

Reps. John Conyers, Jr., and Lamar S. Smith, Nov. 2, 2007, p. 9.

Ibid.

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have retired.”17 The NFL was able to identify these 181 players because they

received additional compensation after they “did not pass their pre-season physical[s]

due to [injuries] sustained during the prior season and thus were unable to play.” Not

included in this count are players who decided to retire because of their injuries and

thus did not submit to a pre-season physical.

Without comprehensive, complete, detailed, and accurate data, including the

number and extent of all disabilities and chronic health problems, it is difficult to

know the health status, or employment or financial status, of all former players, and

not just those who already receive, in particular, disability benefits.18 As suggested

above, some former players may have chronic health problems or may suffer from

disabilities, as broadly construed, but do not receive any disability benefits from the

retirement plan. The absence of information about this group of retirees makes it

difficult to determine whether any of them do not receive sufficient assistance, and

also might hamper efforts to determine the effects or consequences of football-related

disabilities.

Despite the lack of data on the health of former players, however, descriptive

information can provide some insight into the nature of professional football and

football injuries, which, for some former players, might have long-term health

consequences.

The Nature of the Game of Football

Physical contact is integral to the game of professional football. For some,

though, the phrase “physical contact” is an inadequate description. Notably, Mike

Ditka, a former player and coach in the NFL, stated, during a congressional hearing,

that “[i]t is not a contact sport, it’s a collision sport.”19

Timothy Gay, a professor of physics at the University of Nebraska and author

of Football Physics: The Science of the Game, asks,

What is the force of that hit? Well, you’re talking about classical physics, which

puts us in the province of Isaac Newton: Force equals mass times acceleration.

What you come up with in this case is that each man exerts about 1,500 pounds

of force, or three quarters of a ton, on the other. Which is why they call football

a contact sport.20

Letter from Goodell to Reps. Conyers and Smith, p. 9.

In some cases, an individual’s health status and financial status may be related.

U.S. Congress, Senate Committee on Commerce, Science and Transportation, “Oversight

of the NFL Retirement System,” statement of Mike Ditka, unpublished hearing, 110th Cong.,

1st sess., Sept. 18, 2007, p. 99.

Layden, “The Big Hit,” pp. 55-56. See also Timothy Gay, Football Physics, The Science

of the Game (Emmaus, PA: Rodale Inc., 2004), pp. 35-36; and Gene Wojiechowski and

Chris Dufresne, “Life Expectancy Low, Some Say: Football Career Is Taking Its Toll on

NFL’s Players,” Los Angeles Times, June 26, 1988, available at

[http://www.lexisnexis.com/].

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At Virginia Polytechnic Institute and State University (Virginia Tech), a mechanical

engineering professor put impact recorders in football players’ helmets in 2003. The

devices recorded 3,300 hits to the heads of players in 10 games and 25 practices. He

also found that “[a] typical skull absorbed 50 wallops measured at 40 times the force

of gravity....”21 Players collide during training camp, practice, pre-season, regular

season and post-season games.22 Some players tear muscles and ligaments, break

bones, and lose consciousness.23

Each week during the season, the NFL releases an injury report that lists, for

each team, players who are injured, the type or location of the injury (for example,

“concussion,” “knee,” or “ribs”), and the injured player’s status for the upcoming

game (for example, “out,” “questionable,” or “probable”).24 Table 2 includes data

for each week in the 2007 season. The data in this table may not provide an accurate

count of the number of injuries sustained by NFL players for the following reasons:

(1) only one type of injury or injury location was listed on the report, but some

players listed may have had more than one injury; (2) a player may not have reported

his injury or injuries to his team’s medical staff, and, hence, his name did not appear

on the report; (3) a player may have reported his injury or injuries to the medical

staff, but the type or severity of the injury or injuries did not preclude him from

playing; and (4) a player whose injury status kept him from playing in games for

more than one week could be listed on the injury report each week. More accurate

injury data are submitted to the NFL’s Injury Surveillance System (see below for

additional information) by each team’s medical staff.

Carl Prine, “Extra Pounds Cause Trouble Later in Life,” Pittsburgh Tribune-Review, Jan.

9, 2005, available at [http://www.pittsburghlive.com/x/pittsburghtrib/news/specialreports/

specialnfl/s_291051.html].

Carl Prine, “Bloody Sundays,” Pittsburgh Tribune-Review, Jan. 9, 2005, available at

[http://www.pittsburghlive.com/x/pittsburghtrib/news/specialreports/specialnfl/

s_291033.html].

Peter Carlson, “For the NFL’s Retirees: Know Pain, No Gain,” Washington Post, Aug.

21, 2007, p. C7; and Paul Gutierrez, “NFL Injuries; Pain Game,” Los Angeles Times, Jan.

25, 2000, available at [http://www.lexisnexis.com/].

According to a news article, “The [NFL’s] injury lists have roots in two mandates: State

workers’ compensation laws and federal reporting requirements force teams to record

injuries. Because a paper trail is needed to substantiate a potential on-the-job disability or

safety issue, broken bones, joint tears, ruptured muscles, head wounds and other ailments

are written down. NFL bylaws also require teams disclose to their opponents their players’

pre-game injury status so coaches can prepare strategies.” (Prine, “Bloody Sundays.”)

Regarding an injured player’s status, Prine reported that “even a player marked ‘probable’

for Sunday’s game has a ‘serious’ injury, much as a bad fall or a degenerative bone

condition would be considered serious on a workers’ compensation filing. ‘As a fan, maybe

you don’t think it’s serious because the player is playing, but [the injury] can still be

serious,’ said Dr. Derek Jones, one of the nation’s foremost orthopedic surgeons at the

Ochnser Clinic in New Orleans.” (Ibid.)

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Table 2. Number of Players Listed on the NFL’s Injury Report,

2007 Season

Week During the Season

Number of Playersa

Percentage of Playersb

132

167

10%

202

12%

208

12%

207

12%

179

11%

190

11%

159

188

11%

185

11%

195

11%

181

11%

198

12%

211

12%

207

12%

203

12%

216

13%

Source: National Football League, “Injuries,” available at [http://www.nfl.com/injuries].

a. These figures do not include any player who was listed on a team’s injury report, but for whom the

entry in the “Injury” column was “Appendicitis,” “Coach’s Decision,” “Migraine,” “Personal,”

“Personal Decision,” “Personal Reason,” “Team decision,” or “Illness.”

b. Percentages have been rounded.

Aside from weeks one and eight, at least 10% of NFL players are identified each

week as being injured. The relatively small variation in the percentage of players

identified as being injured each week throughout a 17-game season — 10% to13%

— suggests, despite questions about the accuracy of the data, that a fairly consistent

number of players are injured throughout the season.

A journalist for the Pittsburgh Tribune-Review conducted an analysis of four

years of data culled from the NFL’s weekly injury reports, interviewed 200 current

and former players, coaches, and managers about injuries, and reviewed medical

literature. A summary of his findings is as follows:

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In the 2000 through the 2003 seasons, NFL players racked up 6,558 injuries.

More than half the athletes are hurt annually, with the number spiking at 68% in

2003-04, according to the NFL’s weekly injury reports.

Defenders are injured more than their foes on the offense. A defensive back

alone is 30 percent more likely to get hurt than a quarterback, even though a

passer touches the ball on every possession. Two out of three cornerbacks and

safeties suffer injuries in the NFL annually, and half of those will suffer a

second, unrelated injury before the Super Bowl.

Quarterbacks, tight ends, wide receivers, safeties and cornerbacks routinely

suffer high rates of brain concussions and spine injuries that could trigger

paralysis, dementia, depression and other ailments later in life. During typical

four-year careers, one of every 10 NFL receivers experiences a concussion. On

average, seven pro football players a week face potentially life-altering head,

spine or neck trauma.25

Additionally, the news article noted that, during the four-year period studied, 1,205

players had knee injuries; 652 sustained head, spine, or neck trauma; 683 injured

their hamstring and groin muscles; and 928 broke or sprained their ankles.26

Reportedly, the “2003 NFL injury rate was nearly eight times higher than that of any

other commercial sports league, according to the U.S. Department of Labor — and

that includes the National Hockey League, the National Basketball Association, and

professional auto racing.”27

Another newspaper, the Los Angeles Times, also used the NFL’s weekly injury

reports to compile data for several seasons, 1997-1999. In 1997, 335 players were

sidelined for 937 games; in 1998, 398 players sat out 1,340 games; and, in 1999, 364

players did not play in 1,061 games.28 Table 3 shows the types of injuries sustained

by NFL players for these three years. The data in this table are not comparable to the

data provided in Table 2. A key difference between the two datasets is that the Los

Angeles Times researcher who compiled the data found in Table 3 tracked individual

players.29 Nevertheless, some of the same caveats that apply to Table 2 also might

apply to Table 3. That is, the data in Table 3 may not provide an accurate count of

the number of injuries sustained by NFL players for the following reasons: (1) only

one type of injury or injury location was listed on the report, but some players listed

may have had more than one injury; (2) a player may not have reported his injury or

Prine, “Bloody Sundays.”

Ibid.

Gutierrez, “NFL Injuries; Pain Game.”

Specifically, he “tracked every player who suffered an injury during the 1997, ‘98, and

‘99 seasons. Those players who were sidelined for a game or more because of injury were

logged, as were the number of games they were sidelined and the types of injuries. Players

who were injured in the previous season or in the exhibition season and missed games the

next season ... were not counted.” (Houston Mitchell, “NFL Injuries; Injury Report;

Methodology,” Los Angeles Times, J an. 25, 2000, available at

[http://www.lexisnexis.com/].)

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injuries to his team’s medical staff and hence his name did not appear on the report;

(3) a player may have reported his injury or injuries to the medical’s staff, but the

type or severity of the injury or injuries did not preclude him from playing.

Table 3. NFL Players’ Injuries by Type of Injury, 1997-1999

Type of Injury or

Illness

1997a

1998a

1999a

Abdomen

<1%

Abrasions

<1%

Achilles tendon

Ankle

14%

13%

14%

Arm

Back

Biceps

<1%

Blood clot

<1%

Buttocks

<1%

Calf

Chest

Concussion

Elbow

Ear

<1%

Eye

<1%

Face laceration

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Type of Injury or

Illness

1997a

1998a

1999a

Finger

<1%

Foot

Groin

Hamstring

Hand

Head

<1%

Heel

<1%

Hernia

<1%

Hip

<1%

Jaw

<1%

Kidney

<1%

Knee

104

30%

131

31%

122

33%

Leg

Liver

<1%

Neck

Nose

<1%

Pelvis

<1%

Quadriceps

<1%

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Type of Injury or

Illness

1997a

1998a

1999a

Ribs

Shin

<1%

Shoulder

Thigh

<1%

Throat

<1%

Thumb

Toe

Triceps

<1%

Wrist

Total

347

419

367

Source: Houston Mitchell, “NFL Injuries; Injury Report; Methodology,” Los Angeles Times, Jan. 25,

2000, available at [http://www.lexisnexis.com/].

a. Percentages have been rounded.

According to Table 3, players sustained 43 different types of injuries. Four

types of injuries accounted for 50% of the injuries in each year: knee, ankle,

hamstring, and shoulder. The breakdown for each of these injuries, by year, is as

follows:

Knee: 30%, 31%, and 33%

Ankle: 14%, 13%, and 14%

Hamstring: 8% each year

Shoulder: 6%, 8%, and 8%

Given the focus on mild traumatic brain injury (MTBI, or concussions) in 2007, and

the related anecdotal evidence on the frequency of concussions, it is notable that only

21 concussions were recorded for this three-year period (1997-1999). Concussions

accounted for 1% of injuries in 1997 and in 1998, and 3% in 1999.

For some players, the injuries they sustain playing in the NFL might lead to

disabilities later in life. David Meggyesy, a former player and the director of

NFLPA’s San Francisco office, reportedly referred to post-NFL injuries as “‘the

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elephant in the room that no one wants to say is in the room.... Everybody walks

away with an injury.... You just don’t see that being done to the human body and not

think there are going to be consequences later in life.’”30 Echoing Meggyesy’s

comments, a former president of the NFLPA, Trace Armstrong, offered his

observations of other former players: “You go to our retired players’ conventions ...

and some of these guys don’t look so good. Young men, onetime great athletes, but

they don’t move around so well.”

Health Problems

Although accurate, complete, comprehensive, and detailed data about former

and active players are necessary to construct a comprehensive picture of their health,

the following information is useful for illustrating some of the health problems

football players might experience, whether as active players or as retirees.

An obvious feature of most football players is their size. From 1985 through

2005, the average weight of a player in the NFL grew by 10% to an average of 248

pounds. At the heaviest position, offensive tackle, the average weight of players has

increased from 281 pounds in the mid-1980s to 318 pounds in 2005.31 As of 2005,

552 players weighed 300 pounds or more, which is 33% of all active players, and 82

other players weighed between 295 and 299 pounds.32

Not only are football players large, but some of them also may be classified as

obese. Joyce B. Harp and Lindsay Hecht calculated the body mass index (BMI) of

NFL players active during the 2003-2004 season and reported these findings:33

97% of the players had a BMI of 25 or greater.

56% had a BMI of 30 or greater. This was 32 percentage points

higher than the percentage of 20- to 39-year-old men who had

comparable BMIs in the 1999-2002 National Health and Nutrition

Examination Survey (NHANES).34

26% of the players had a BMI of 35 or greater.

David Steele, “Adding Insult to Injury,” San Francisco Chronicle, Sept. 1, 2002, available

at [http://sfgate.com].

Thomas Hargrove, “Heavy NFL Players Twice as Likely to Die Before 50,” Espn.com,

Jan. 31, 2006, available at [http://sports.espn.go.com/nfl/news/story?id=2313476].

Mark Maske and Leonard Shapiro, “NFL Is Soul Searching After Herrion’s Death,”

Washington Post, Aug. 25, 2005, p. E8.

For this study, “body mass index (BMI) was calculated for each of the players as weight

in kilograms divided by height in meters squared, as was mean BMI for each team and

position across all 32 teams and a frequency distribution of BMI for all players.” (Joyce B.

Harp and Lindsay Hecht, “Obesity in the National Football League,” Journal of the

American Medical Association, vol. 293, no. 9, Mar. 2, 2005, p. 1061.)

Information about the National Health and Nutrition Examination Survey is available at

[http://www.cdc.gov/nchs/nhanes.htm].

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3% of the players had a BMI of 40 or greater. This percentage was

similar to the percentage (3.7%) of 20- to 39-year-old men who had

comparable BMIs in the 1999-2002 NHANES.

Cornerbacks and defensive backs had the lowest mean BMI (26.8).

Guards had the highest mean BMI (38.2).35

In this study, “body mass index was classified according to the National Institutes of

Health guideline: normal weight (BMI 18.5-24.9), overweight (25-29.9), obese class

1 (30-34.9), obese class 2 (35-39.9), and obese class 3 ($40).”36 These data show

that slightly more than half of the players were obese, with 26% having a BMI that

“qualifie[s] as class 2 obesity.”37 The authors concluded their article with the

following comment:

Although measurements of body composition are needed to determine the source

of the increased weight, it is unlikely that the high BMI in this group, particularly

in the class 2 obesity range, is due to a healthy increase in muscle mass alone.

The high number of large players was not unexpected given the pressures of

professional athletes to increase their mass. However, it may not be without

health consequences. A recent study described increased sleep-disordered

breathing in professional football players, particularly those with a high BMI;

linemen, who had the highest BMIs, also had higher blood pressures than did

other players. The high prevalence of obesity in this group warrants further

investigation to determine the short- and long-term health consequences of

excessive weight in professional as well as amateur athletes.38

Dr. Elliott Pellman, former medical advisor/liaison to the NFL Commissioner,

reportedly critiqued the Harp and Hecht article by saying: “‘[The BMI] is okay if

you’re an actuary for life insurance.... But medically, we don’t define obesity that

way. It’s not designed for people that large. The study the [NFL] commissioner

ordered will do a lot more than take heights and weights off the Internet. The data

must be gathered in a scientific way.’”39

Harp and Hecht, “Obesity in the National Football League,” pp. 1061-1062.

Ibid., p. 1061.

Ibid., p. 1062.

Maske and Shapiro, “NFL Is Soul Searching After Herrion’s Death,” p. E8. It is unclear

whether the subject of obesity will be part of the NFL’s study on cardiovascular health, or

it will be the subject of a separate study. See Appendix B for a list of planned or ongoing

studies. Elliot Pellman was medical advisor/liaison to the NFL Commissioner for the period

2001-2006. (Elliot J. Pellman, “Curriculum Vitae,” provided by the House Committee on

the Judiciary to the author on Nov. 6, 2007, p. 3.) Dr. Pellman served as the Chairman of

the NFL Committee on Mild Traumatic Brain Injury (MTBI) from 1994 through 2007. His

residencies and fellowship were in the fields of internal medicine and rheumatology. He

continues to serve on the MTBI Committee, and he also serves on the Alliance for NFL

Retired Football Players (member, 2007-present), the NFL’s Foot and Ankle Committee

(advisor, 2005-present) and Cardiovascular Health Committee (advisor, 2004-present), the

NFL-NFLPA Joint Committee on Player Safety (member, 2001-present), the NFL’s Injury

and Safety Panel (advisor, 1995-present). Previously, he served as a member of the National

(continued...)

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Reportedly, some NFL linemen have a provision in their contracts saying they

agree to maintain their size.40 In Article XXIV, Section 7(c) of the CBA, which

addresses financial incentives in players’ contracts, examples of incentives that are

considered “within the sole control of the player” include “weight bonuses.”41

“Weight bonuses” is open to interpretation. For example, a player may be required

to not exceed a certain weight or not to fall below a certain weight. Reportedly, Gene

Upshaw, executive director of the NFLPA, said, in 2002, that the players association

and the league had been discussing “how to deal with weight-loss demands by

coaches. Is science involved? What factors do height and weight play? How long

does it take the player to lose it?”42 It is unclear, though, whether this reference to

weight loss is related to the possibility of a weight contract clause.

Obesity itself, plus simply being overweight, can lead to other health problems,

both indirectly and directly. Players who have retired from the NFL may have

difficulty decreasing their weight and staying in shape, particularly if they suffer from

other health problems that preclude or limit their physical activity.43 Kevin

Guskiewicz, research director of the Center for the Study of Retired Athletes

(CSRA), University of North Carolina at Chapel Hill, as quoted in the New York

Times, adds pain to the equation and describes a possible chain of events for former

players: “What happens is that the retired athlete can’t exercise because of the

injuries he’s sustained and the pain he is in, and that leads to higher weight,

depression, bad eating habits, high blood pressure and so on.”44

Sleep apnea and cardiovascular disease (CVD) are examples of two health

problems associated with excess weight. A 2003 study by SleepTech Consulting

Group found that 34% of offensive linemen suffered from sleep apnea.45 As reported

by the New York Times, an associate team physician with the New York Giants, Dr.

Allan Levy, describes what some NFL players might experience:

The problem with sleep apnea is in the neck. A 17 ½-inch neck is usually where

the problem begins. When they sleep, the muscles relax in the body. Now the

(...continued)

Football League Physicians Society’s executive committee, from 1994 through 2003. (Ibid.,

pp. 1-5.)

Prine, “Extra Pounds Cause Trouble Later in Life.”

National Football League and NFL Players Association, NFL Collective Bargaining

Agreement, 2006-2012, p. 109.

Thomas George, “Care by Team Doctors Raises Conflict Issue,” July 28, 2002, available

[http://query.nytimes.com/gst/fullpage.html?res=

990DEFDE173BF93BA15754C0A9649C8B63].

Ibid.

Harvey Araton, “Stealth Killer Puts Doctor on Mission with N.F.L.,” New York Times,

May 8, 2007, available at [http://query.nytimes.com/gst/fullpage.html?res=

9C02EED71631F93BA35756C0A9619C8B63&n=Top/News/Sports/Columns/Harvey%

20Araton]. Information about the Center for the Study of Retired Athletes may be found at

[http://www.csra.unc.edu/index.htm].

Prine, “Extra Pounds Cause Trouble Later in Life.”

CRS-15

weight of their neck clasps down on their airway. They stop breathing. They

momentarily wake up, then the cycle starts over again, and they never get into

deep sleep. They develop heart disease and hypertension. Sleep apnea is a

killer. One of the kids that played for us, we did a sleep study on [him], [he] had

440 awakenings during the night.46

Dr. Arthur Roberts, a cardiac surgeon who played in the NFL for three years,

summarized the cardiovascular risk for professional football players. His summary,

which was included in a Washington Post news article, follows:

The real problem is what’s happening inside these men to their cardiovascular

risk factors. The combination of large body size is associated with increased risk

factors for diabetes and hypertension, which lead to so many other problems.

Doctors have learned over the last 30 years that so many bad outcomes are

related to cardiovascular problems that might have been avoided .... Cardiac

arrest in the locker room is tragic but, thank God, a rare event .... But many of

the risk factors that are in these players’ bodies are not apparent now but will be

apparent later in life. We have to shift the pendulum and evaluate and educate

the younger players, make it a total process. With retired players we’re finding

high cholesterol and high blood pressure. We already know sleep apnea is

associated with heart arrhythmia and hypertension. You have a lot of risk factors

building in players. We have to make them aware and start educating them on

how to take care of themselves to avoid problems later on. We have the

technology to do it. We have a support system of doctors and hospitals involved

in this study willing to do it. It’s now a matter of getting players to buy into it.47

Roberts was referring to a study of past and present players involving, among other

things, the consequences of excess weight for cardiovascular health.48 In contrast,

a study designed to assess whether there is a link between playing professional

football and reduced risk later in life for CVD, osteoporosis, and higher muscle mass

reached an encouraging conclusion:

In this small [16 former NFL players] sample of older men, former successful

professional athletes who remained physically active in middle age have a

favorable body composition and reduced risk factors for CVD and osteoporosis

compared with health age-and BMI-matched older men.49

The findings of this study do not necessarily contradict Kevin Guskiewicz’s comment

above. This study included former players “who remained physically active in

Clifton Brown, “Ex-Players Dealing With Not-So-Glamorous Health Issues,” New York

Times, Feb. 1, 2007, available at [http://query.nytimes.com/gst/fullpage.html?res=

9D0CEFDB153FF932A35751C0A9619C8B63&n=Top/Reference/Times%20Topics/

People/B/Brown,%20Clifton].

Maske and Shapiro, “NFL Is Soul Searching After Herrion’s Death,” p. E8.

Ibid.

Nicole A. Lynch, Alice S. Ryan, Joyce Evans, Leslie I. Katzel, and Andrew P. Goldberg,

“Older Elite Football Players Have Reduced Cardiac and Osteoporosis Risk Factors,”

Medicine & Science in Sports & Exercise, 2007, p. 1124.

CRS-16

middle age,” while Guskiewicz was referring to retired players who are unable to

exercise because of injuries sustained during their NFL careers.

Responding to a request from the NFLPA, the National Institute for

Occupational and Safety and Health (NIOSH) conducted a mortality study in the

early 1990s of the rate and causes of death of NFL players.50 The study found the

following:

Former offensive and defensive linemen “had a 50% greater risk of

cardiovascular disease than the general population.”51

Linemen “had a 3.7 times greater risk of cardiovascular disease”

than players in other positions.52

Possibly lending credence to questions about the size of players, the authors noted

that “[i]t is not possible from this analysis to determine specifically what it is about

the linemen, besides BMI, that contributes to this increased risk.”53

As described above, players sustain hits to the head, which may or may not

result in a mild traumatic brain injury (MTBI) or concussion. Reportedly, league data

show that approximately 100 players a year sustain concussions.54 (For more

information on MTBI, see below, in the “Discussion of Selected Issues” section.)

A study that focused on the long-term effect of concussions, however, also

reported information about other health problems experienced by former players.

The researchers found, by questioning 2,488 former NFL players, that 22% had knee

surgery and 10% had back or disc surgery after their careers ended.55 In response,

the NFL’s medical advisor/liaison reportedly said that there is little credible research

on whether playing football leads to serious medical problems later in life.56

A January 2006 news article reported that Dr. Sherry Baron, co-author of the 1994 study,

was planning to repeat her study of mortality rates within the NFL. (Thomas Hargrove,

“Compared to Baseball, Football Players Die Younger,” Espn.com, Jan. 31, 2006, available

at [http://sports.espn.go.com/nfl/news/story?id=2313520].) The status of the planned study

is not known.

Letter from Sherry Baron, M.D., M.P.H., and Robert Rinsky, U.S. Department of Health

and Human Services, National Institute for Occupational Safety and Health, to Frank

Woschitz, National Football League Players Association, Jan. 10, 1994, p. 4. This letter is

popularly known as the “NFL mortality study.”

Ibid., p. 4.

Peter Keating, “Doctor Yes,” ESPN.com, Oct. 28,

[http://sports.espn.go.com/espn/print?id=2636795 &type=story].

2006,

available

Ellen E. Schultz, “A Hobbled Star Battles the NFL,” Wall Street Journal, Dec. 3, 2005,

p. A2.

Ibid., pp. A2-A3.

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A study of depression and pain experienced by former NFL players also

surveyed them about the most common problems they experience in retirement. The

results, “in descending order of frequency as quite or very common” were: “difficulty

with pain (48%), loss of fitness and lack of exercise (29%), weight gain (28%),

trouble sleeping (28%), difficulty with aging (27%), and trouble with transition to life

after professional football (27%).”57 Regarding the thrust of the study, the study’s

authors wrote:

Although pain and depression are commonly comorbid in the general population

..., the frequency with which retired professional football players report difficulty

with pain seems to put them at additional risk of both developing depression and

experiencing associated difficulties with retirement. The high level of

psychosocial dysfunction and significant barriers to receiving help put a small

but important subgroup of all retired NFL players at significant risk of adverse

life events and disability, almost certainly including an increased risk of

suicide.... Retired professional football players experience depressive symptoms

at a rate that is similar to that found in the general population, presumably with

a corresponding rate of clinical depression. They bear an additional burden of

substantial chronic pain. Depressive symptoms and pain interact to result in a

strong correlation with self-report perceptions of the risk of sleeping problems,

difficulty with aging, loss of fitness and lack of exercise, financial problems, and

concerns about their use of prescription and recreational drugs and alcohol.58

What, if any, relationship exists between playing professional football and

mortality is unclear. The 1994 NIOSH study mentioned above found that

professional football players had “a 46% lower overall mortality rate than the general

United States male population with a similar age and race distribution.”59 A review

of data on the mortality of those who played football, and those who played baseball,

a sport with less physical contact. Deceased players from both sports born before

1955”were about equally likely to suffer an early death.”60 However, differences

between these two groups of athletes did appear for players born after 1955.

At least 130 of the 8,961 football players and 31 of the 4,382

baseball players born after 1955 are known to have died. That is,

1 in every 69 football players and 1 in every 154 baseball players

born after 1955 have died.

The most common cause of death for baseball players was accidents;

only one-third died of medical causes. Over half (52%) of the

deceased football players “succumbed to conditions such as coronary

Thomas L. Schwenk, Daniel W. Gorenflo, Richard R. Dopp, and Eric Hipple, “Depression

and Pain in Retired Professional Football Players,” Medicine & Science in Sports and

Exercise, 2007, pp. 600-601.

Ibid., pp. 603-604.

Letter from Baron and Rinsky to Woschitz, p. 4.

Thomas Hargrove, “Compared to Baseball, Football Players Die Younger.”

CRS-18

disease, stroke and cancer — diseases known to be more common

among obese people.”61

“The deceased baseball players averaged 192 pounds during their

athletic careers while the dead football players averaged 238 pounds.

Football players who died of medical causes averaged 248

pounds.”62

Complete, detailed, comprehensive, and accurate data are needed to construct

a profile of the health of active players and former players. Furthermore, this type

of initiative potentially could facilitate efforts to determine what links exist, if any,

between injuries sustained as an active player and chronic health problems and

disabilities (as broadly construed) experienced as a retired player.

NFL and NFLPA Benefit Programs and Plans

History of Benefits

Both the league and the players association are involved in the funding and

provision of benefits to former players as well as active players. Most of the benefits

for former players are administered by joint boards “to which the NFLPA and the

NFL each appoint three voting members. The day-to-day administration of these

jointly-trusteed benefits occurs at the ‘Plan Office’ in Baltimore ....” That is, neither

the NFLPA nor the NFL administers certain benefits, such as the benefits included

in the retirement plan, although the NFL is the sole administrator for severance pay

and post-career health insurance.63

Although the name and composition of the league has changed over the years,

the league was formed in 1920, and adopted its current name in 1922.64 The NFL

Players Association was founded a number of years later, in 1956.

The following history of selected events shows the evolution of benefits for NFL

players. Events that are not directly related to the establishment or enhancement of

benefits are included to provide context or background information. Such events

may include strikes, lockouts, and lawsuits, which are included for the period 19871993, when several events and decisions culminated in significant changes in

benefits. However, since this is not a history of labor relations between the league

and the players association, the chronology does not necessarily include all of the

labor-management issues or milestones.

Ibid.

Ibid., p. 29.

The NFL as it exists today was created through a merger in 1966 with another league, the

American Football League, which was formed in 1959.

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1958. Team owners created “a benefit plan that included

hospitalization, [and] medical and life insurance with a plan for

retirement benefits at age 65.”65

1960s. “Players pushed through pension coverage [for] a group of

110 players who were in the league in 1959, when benefits were

introduced. Life insurance and health coverage benefits were

improved and, for the first time, two player reps [representatives]

were designated to sit on the Retirement Board.”66

1962. The NFLPA obtained the first pension agreement, known as

the Bert Bell NFL Player Retirement Plan. The plan does not

include players who left the game before 1959 (known as the “pre59ers”).67

1966. The Commissioner of the NFL announced that the NFL and

American Football League (AFL) will merge into one league.

1968. The NFLPA, which represented players on only 16 of the 26

teams (the AFL Players Association represented players on the

remaining 10 teams), “proposed new pension demands ....” A

lockout is followed by a brief strike, and eventually the parties

agreed to what was the first CBA, which was effective from July 15,

1968, through February 1, 1970.68 Negotiations resulted in “a

minimum salary of $12,000, better pay for exhibitions, and a

doubling of the annual pension-fund contribution to $3 million.”69

The NFLPA demands included a retirement age of 45; but, the

retirement age in the CBA was set at age 65.70

1970. The AFL Players Association and the NFL Players

Association merged and retained the latter’s name. The NFLPA was

NFL Players Association, “About Us: NFLPA History,” n.d., available at

[http://www.nflpa.org/AboutUs/NFLPA_History.aspx] as of Oct. 2, 2007, on file with the

author.

Ibid.

NFL Players Association, “History of Retirement and T&P Benefits for NFL Players,”

n.d., available at [http://nflpa.org/pdfs/NewsAndEvents/

History_of_the_NFLPA%E2%80%99s_Retired_ Player_Benefits.pdf], downloaded Sept.

2007, on file with the author.

NFL Players Association, “About Us: NFLPA History”; The Business of Football 2001

(Carmel, CA: Paul Kagan Associates, Inc., 2001), p. 392.

Stephen Fox, Big Leagues, Professional Baseball, Football, and Basketball in National

Memory (Lincoln, NE: University of Nebraska Press, 1994), p. 425.

The Business of Football 2001, p. 393.

CRS-20

certified as a union.71 The American Football League (AFL) and the

NFL merged and retained the latter’s name. “The Players

Negotiating Committee and the NFL Players Association announced

a four-year agreement guaranteeing approximately $4,535,000

annually to player pension and insurance benefits.... The owners

also agreed to contribute $250,000 annually to improve or

implement items such as disability payments, widows’ benefits,

maternity benefits, and dental benefits.”72 Players also were given

the “right to meaningful representation on the Retirement Board, and

the right to impartial arbitration of injury grievances.”73 Total and

permanent (T&P) disability benefits and line-of-duty (LOD)

disability benefits were established.74 The pension plan was revised

and set up in its present structure. Monthly pension is based on the

number of years an individual plays football, not on the amount of

his salary.75

1973. A nonprofit organization, NFL Charities, was created “to

support education and charitable activities and to supply economic

support to persons formerly associated with professional football

who were no longer able to support themselves.”76

1974-1976. NFL and NFLPA played three seasons without a CBA.77

1977. The NFL Management Council and the NFLPA ratified a

CBA which continued “the pension plan — including years 1974,

1975, and 1976 — with contributions totaling more than $55

million.... The agreement ... reduced pension vesting to four years

... [and] improved insurance, medical, and dental benefits.”78

Specifically, Group Insurance was established.79 Players were

permitted to get a lump sum “early payment benefit” from their

pension; the lump sum equaled 25% of their pension.80

NFL Players Association, “About Us: NFLPA History.”

National Football League, “History, 1961-1970,” n.d., available at [http://www.nfl.com/

history/chronology/1961-1970].

NFL Players Association, “About Us: NFLPA History.”

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 4.

NFL Players Association, “History of Retirement and T&P Benefits for NFL Players.”

National Football League, “History, 1971-1980,” n.d., available at [http://www.nfl.com/

history/chronology/1971-1980].

The Business of Football 2001, p. 394.

National Football League, “History, 1971-1980.”

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 4.

NFL Players Association, “History of Retirement and T&P Benefits for NFL Players.”

CRS-21

1982. The strike-shortened season resumed after the CBA was

ratified on November 21-22. The CBA included, among other

things, increases in players’ medical, insurance, and retirement

benefits; and a severance pay system.81 Players also gained rights

related to their medical care: the right to a second opinion, the “right

to select a surgeon for injury-related operations, and the right to

inspect their club medical records.”82

1987. The 1982 CBA expired. The 1987 season included a strike,

the use of replacement players, the NFLPA filing an antitrust lawsuit

against the NFL and then filing charges with the National Labor

Relations Board (NLRB), alleging unfair labor practices.83 A

“special payment program was adopted to benefit nearly 1,000

former NFL players who participated in the League before the

current Bert Bell NFL Pension Plan was created and made

retroactive to the 1959 season. Players covered by the new program

spent at least five years in the League and played all of part of their

career prior to 1959. Each vested player would receive $60 per

month for each year of service in the League for life.”84 Players

continued to play through the 1993 season without a new CBA.

1987 and 1988. The owners agreed to allow benefit credits to accrue

at the then-rate of $150 per Credited Season.85

1989. A court ruling in the NFLPA’s antitrust lawsuit suggested that

“players had to choose between being a union and using their right

to strike under labor laws, or relinquishing their union rights and

[pursuing] their antitrust rights as individuals in court.” Players

ratified a decision for the NFLPA to decertify as a union, which

freed the players to pursue their antitrust rights.86 Team owners

refused to allow continued accruals of benefit credits. Instead,

owners created their own plan, called the “Pete Rozelle NFL Player

Retirement Plan.” The Rozelle plan was similar to the Bell plan,

“except that it [Rozelle plan] was run totally by the owners and had

National Football League, “History, 1981-1990,” n.d., available at [http://www.nfl.com/

history/chronology/1981-1990]; Peter King, “The Surreal Strike of 1987,” Sports Illustrated,

Oct. 15, 2007, p. 22; NFL Players Association, “About Us: NFLPA History”; Stephen Fox,

Big Leagues, Professional Baseball, Football, and Basketball in National Memory (Lincoln,

NE: University of Nebraska Press, 1994), p. 426; Letter from Upshaw to Reps. Conyers,

Smith, Sanchez, and Cannon, p. 4.

NFL Players Association, “About Us: NFLPA History.”

Ibid.; The Business of Football 2001, p. 395.

National Football League, “History, 1981-1990.”

NFL Players Association, “History of Retirement and T&P Benefits for NFL Players,” p.

NFL Players Association, “About Us: NFLPA History.”

CRS-22

no player trustees.”87 By comparison, the union had the right to

appoint three of the Bert Bell Plan’s six voting trustees. The owners

refused “to make further contributions [to the Bell Plan], and the

trustees appointed by the union ... sued the trustees appointed by the

owners.”88

1990. The NFLPA was re-formed as a professional association. Its

goal was to “pursue litigation on behalf of individual players....”89

The change in status of the NFLPA “caused a rapid domino effect in

court cases.” For example, the NLRB awarded back pay to 1,400

players prevented from playing for one week after they ended their

strike in 1987; a case filed in 1990 “resulted in a jury awarding

damages to players; and the 1989 Brown v. NFL case awarded $30

million to practice squad players....”90

1992. “The NFL agreed to provide a minimum of $2.5 million in

financial support to the NFL Alumni Association and assistance to

NFL Alumni-related programs. The agreement included

contributions from NFL Charities to the Pre-59ers and Dire Need

Programs for former players.”91

1993. The NFL and the players association signed a seven-year

CBA, “which guarantee[d] more than $1 billion in pension, health,

and post-career benefits for current and retired players....”92

Specifically, the agreement provided for free agency; gave players

a guaranteed percentage of the gross revenues; retroactively

increased pre-59ers’ pensions by 30% and all other players’ pensions

by 40%; added pre-59ers to the Bert Bell Pension Plan (which added

906 players to the plan); decreased the vesting requirement to three

credited seasons; and established the Retiree Medical benefit,

Second Career Savings Plan, and Total and Permanent (T&P)

Disability benefits.93 Additionally, “WWII years were included for

NFL Players Association, “History of Retirement and T&P Benefits for NFL Players,” p.

Ibid.

NFL Players Association, “About Us: NFLPA History.”

The Business of Football 2001, p. 396.

National Football League, “History, 1991-2000,” available at [http://www.nfl.com/

history/chronology/1991-2000].

Ibid.

NFL Players Association, “About Us: NFLPA History”; NFL Players Association,

“Recent Pensions & Disability Improvements Timeline,” n.d., available at

[http://www.nflpa.org/pdfs/NewsAndEvents/Timeline_of_NFLPA_Pension_and_

Disability_Improvements.pdf], downloaded Sept. 2007, on file with the author; NFL Players

Association, “History of Retirement and T&P Benefits for NFL Players,” p. 5; and Letter

(continued...)

CRS-23

pension eligibility, increasing [the number of] credited seasons for

159 players,” and “Korean War and Vietnam years were included for

pension credits, adding 182 players.”94 A single plan counsel

(Groom Law Group) and a single plan actuary (Aon Corporation)

were selected. The CBA “based future contributions strictly on

negotiated actuarial factors.”95 The Pete Rozelle Plan and its assets

merged with the Bert Bell Plan, and the NFLPA becomes a certified

union again.96

1998. The 1993 CBA was extended through at least 2003. The

extension established an annuity plan; provided for salary guarantees

for certain players; increased minimum salaries, increased the lowest

benefit credit from $80 to $100; increased the T&P disability

benefit; and changed the pension eligibility requirement from five to

four credited seasons.97

2002. The CBA was extended again. The extension allowed injured

reserve seasons prior to 1970 to be counted toward pension

eligibility and raised the lowest benefit credits from $100 to $200.98

2006. The CB0A was extended and became effective until the last

day of the 2012 league year. The extension raised the lowest benefit

credit from $200 to $250 (for individuals who played during the

period1920-1982); tripled widows’ and surviving children’s

benefits; created the Plan 88 program; and increased the monthly

pension amount by 10% for individuals who played from 19832006.99

2007. The following benefits and programs were announced or

established: Health Reimbursement Account Plan, Cardiovascular

(...continued)

from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, pp. 4-5.

NFL Players Association, “Recent Pensions & Disability Improvements Timeline.”

NFL Players Association, “History of Retirement and T&P Benefits for NFL Players,” p.

NFL Players Association, “About Us: NFLPA History”; NFL Players Association,

“History of Retirement and T&P Benefits for NFL Players,” p. 6; Letter from Upshaw to

Reps. Conyers, Smith, Sanchez, and Cannon, p. 5; and NFL Players Association, “Recent

Pensions & Disability Improvements Timeline.”

Ibid.; NFL Players Association, “History of Retirement and T&P Benefits for NFL

Players,” p. 6.

NFL Players Association, “Recent Pensions & Disability Improvements Timeline”; NFL

Players Association, “History of Retirement and T&P Benefits for NFL Players,” p. 6.

CRS-24

Health Program, NFL Player Joint Replacement Benefit Plan, and

assisted living arrangements.100

2008. The following changes and programs were announced or

established: expanded health screening that focuses on

cardiovascular health, obesity, and prostate cancer; discounted rates

and special services at three national assisted living providers; and

a prescription drug card that will allow former players to purchase

prescription medications at a discount.101 Additionally, the NFL and

NFLPA announced changes that have been, or will be, made to T&P

and LOD disability benefits. These changes are noted in Table 4.

How Benefits Are Funded

Funds for benefits that are included in the CBA come from the portion of the

league’s total revenues that is allocated to the players. A summary of the definition

of “total revenues” (TR) is as follows:

[T]he aggregate revenues received or to be received on an accrual basis ... by the

NFL and all NFL Teams ... from all sources, whether known or unknown,

derived from, relating to or arising out of the performance of players in NFL

football games, with only the specific exceptions set forth below [in Article

XXIV, Section 1(a)(ii) of the CBA].... Total Revenues shall include, without

limitation: ... gate receipts ... the sale, license or other conveyance of the right to

broadcast or exhibit NFL preseason, regular season and playoff games on radio

and television ... revenues derived from concessions, parking, local advertising,

signage, magazine advertising, local sponsorship agreements, stadium clubs,

luxury box income ... Internet operations... and sales of programs and

novelties....”102

Under the current CBA, the portion of total revenues that goes to players (that is, the

“player costs percentage”103) each year is as follows:

100

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 5; National

Football League, “NFL & NFL Players Association Create New Joint Replacement Benefit

Plan,” news release, Dec. 10, 2007; and “14 Leading Medical Institutions Selected to Assist

Retired Players Needing Joint Replacement Surgery,” news release, Dec. 10, 2007. Few

details are available about some of these initiatives, which means that eligibility criteria, the

application process (if any), and the extent of benefits are unknown.

101

National Football League and NFL Players Association, “NFL and NFL Players

Association Expand Disability Benefits Program for Retired Players,” Feb. 29, 2008,

available at [http://www.nflplayers.com/user/content.aspx?fmid=178&lmid=443&pid=

422&type=n], p. 3. Detailed information about these initiatives is provided later in this

report.

102

National Football League and NFL Players Association, NFL Collective Bargaining

Agreement, 2006-2012, pp. 82-83.

103

Player costs include “the total Salaries and Benefits attributable to a League Year for all

NFL Teams under all of the rules set forth in Article XXIV (Guaranteed League-wide

Salary, Salary Cap & Minimum Team Salary), but not including loans, loan guarantees,

(continued...)

CRS-25

2006: 57%

2007: 57%

2008: 57.5%

2009: 57.5%

2010: 58%

2011: 58%104

The amount of money equivalent to the player costs percentage in a given year is

allocated between active players’ salaries and benefits for both active players and

retired players. The following description of how a team’s salary cap is determined

shows the relationship between salaries and benefits: in 2008, the amount of a team’s

salary cap will be “57.5% of Projected Total Revenues, less League-wide projected

benefits, divided by the number of Teams playing in the NFL during such year....”105

The following definition of “benefits” lists the different benefits for active players

and former players that are funded in the manner described above:

Benefits “mean the aggregate for a League Year of all sums paid ... by the NFL

and all NFL Teams for, to, or on behalf of present or former NFL players, but

only for: (i) pensions funding, including the Bert Bell/Pete Rozelle NFL Player

Retirement Plan ... and the Second Career Savings Plan ...; (ii) Group insurance

programs, including life, medical, and dental coverage ... and the Second Career

Savings Plan; (iii) Injury protection ...; (iv) Workers’ compensation, payroll,

unemployment compensation, social security taxes, and contributions to the fund

described in Article LIV, Section 4 below [Worker’s Compensation Offset

Provisions]; (v) Pre-season per diem amounts ... and regular season meal

allowances ...; (vi) Expenses for travel, board and lodging for a player

participating in an off-season workout program ...; (vii) Payments or

reimbursements made to players participating in a Club’s Rookie Orientation

Program ...; (viii) Moving and travel expenses ...; (ix) Postseason pay ...; and

salary paid to practice squad players ...; (x) Player medical costs ...; (xi)

Severance pay ...; (xii) The Player Annuity Program ...; (xiii) The Minimum

Salary Benefit ...; (xiv) The Performance Based Pool ...; (xv) The Tuition

Assistance Plan ...; (xvi) The NFL Players Health Reimbursement Account ...;

(xvii) The “88 Benefit” ...; (xviii) The NFL Player Benefits Committee....”106

The portion of the “League-wide projected benefits” needed “to fund the

Retirement Plan is calculated actuarially, in accordance with federal law.”107 The

103

(...continued)

unpaid grievances attributions, and unearned incentives.” (National Football League and

NFL Players Association, NFL Collective Bargaining Agreement, 2006-2012, p. 7.)

104

NFL Players Association, “NFLPA Term Sheet - Basic Economic Terms,” Mar. 7, 2006,

available at [http://www.nflpa.org/pdfs/CBA/2006_CBA_Extension_Term_Sheet.pdf],

downloaded Sept. 2007, on file with the author.

105

National Football League and NFL Players Association, NFL Collective Bargaining

Agreement, 2006-2012, p. 96.

106

Ibid., pp. 93-94.

107

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 29.

CRS-26

same is also true for the Health Reimbursement Account Plan.108 (The retirement

plan and the Health Reimbursement Account Plan are described below.) According

to the NFL and the NFLPA, the actuarial assumptions, or factors, that are used are

negotiated during the collective bargaining process and are “acceptable to the plan’s

Enrolled Actuary.”109 The following excerpt from the CBA describes the process:

For the 1993 Plan Year and continuing for each Plan Year110 thereafter that

begins prior to the expiration of the Final League Year,111 a contribution will be

made to the Retirement Plan on behalf of each NFL Club as actuarially

determined to be necessary to fund the benefits provided in this Article [of the

CBA], based on the actuarial assumptions and methods contained in Appendix

J [of the CBA]. No provision of this Agreement will eliminate or reduce the

obligation to provide the benefits described in this Article, or eliminate or reduce

the obligations of the NFL Clubs to fund retirement benefits. Contributions will

be used exclusively to provide retirement benefits and to pay expenses.112

Similar language is found in the Bert Bell/Pete Rozelle NFL Player Retirement Plan:

For each Plan Year that begins prior to the expiration of the Final League Year,

a contribution to the Trust [the trust agreement for the Retirement Plan] will be

made by the Employers, as actuarially determined to be necessary to fund the

benefits provided in this Plan based on the actuarial assumptions and methods

contained in Appendix A [of the Retirement Plan].113

Funding for benefits other than the retirement plan and the Health

Reimbursement Account apparently is not calculated using actuarial methods and

assumptions. The NFLPA has stated that “[t]he contribution necessary to fund other

benefit plans is more simply calculated as the total of the benefits provided plus all

costs of administration. For the new 88 Plan, the consultants estimated an initial

108

Ibid.

109

Letter from Goodell to Reps. Conyers and Smith, p. 10; NFL Players Association,

“History of Retirement and T&P Benefits for NFL Players,” p. 5. In 1993, a single plan

counsel, Groom Law Group, and a single plan actuary, Aon Corporation, were selected for

the retirement plan. (NFL Players Association, “History of Retirement and T&P Benefits

for NFL Players,” p. 5.)

110

“‘Plan Year’ means a 12-month period from April 1 to March 31. A Plan Year is

identified by the calendar year in which it begins.” (Bert Bell/Pete Rozelle NFL Player

Retirement Plan, Apr. 1, 2001, p. 6.)

111

Final League Year is “the League Year which is scheduled prior to its commencement

to be the final League Year of the Collective Bargaining Agreement.” A “League Year” is

“the period from February 20 of one year through and including February 19 of the

following year, or such other one year period to which the NFLPA and the [NFL’s]

Management Council may agree.” (Bert Bell/Pete Rozelle NFL Player Retirement Plan, pp.

4 and 6.)

112

National Football League and NFL Players Association, NFL Collective Bargaining

Agreement: 2006-2012, p. 203.

113

Bert Bell/Pete Rozelle NFL Player Retirement Plan, p. 10.

CRS-27

contribution of $1.88 million, all to benefit retired players.”114 The method or

methods used to determine how much money to allocate to this and other benefits is

unknown.

Data provided by the NFL and the NFLPA show that possibly $919.6 million

was spent on benefits for retired players in 2006 and 2007. However, the ways in

which the data are presented by the two organizations leave room for interpretation.

The NFLPA states that “active players gave up approximately” the following

amounts (which total $181.6 million) during the period April 2006 through March

2007 for benefits for former players:115

$96.5 million for retirement benefits for retired players;

$31 million for medical benefits for retired players ($18 million for

health reimbursement accounts, $2 million for the 88 Plan, and $11

million for “five years post-retirement fully paid health care”);

$20 million for disability benefits for retired players; and

$34.1 million to fund workers’compensation coverage.116

In fall 2007, the NFLPA also noted that 38% of vested former players were receiving

monthly benefits at that time.117

According to the NFL, “... clubs contributed approximately $388 million” in

2006 to fund the Supplemental Disability Plan, Second Career Savings Plan, Annuity

Program, Group Insurance Plan, Health Reimbursement Account Plan, 88 Plan,

Severance Plan, and Tuition Reimbursement (which is not included in this report).118

The NFL estimated that the costs of these benefits in 2007 would be $350 million.

Although the NFLPA regularly describes the amount of funds provided for

retirees’ benefits in terms of how the “[b]enefit costs reduce the revenue available for

active players under the” CBA, it appears that this description refers to the process

described above for the allocation of funds for benefits.119 Regarding the NFL’s

statement that the teams contribute funds for benefits, it seems plausible that this

statement, too, refers to the allocation process described above.

The differences in the information provided by the NFL and NFLPA make it

difficult to determine exactly how much money was spent for each benefit in 2006

114

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 29.

115

The NFLPA describes the amount of funds provided for retirees’ benefits in terms of how

the “[b]enefit costs reduce the revenue available for active players under the” CBA. (NFL

Players Association, “NFLPA White Paper” n.d., available at [http://www.nflpa.org/

whitepaper/], downloaded Sept. 2007, on file with the author, p. 4.) This description

appears to refer to the allocation process described above in this report.

116

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, pp. 29-30.

117

Ibid., p. 9.

118

The NFL will have contributed a total of $2.2 billion for these benefits during the period

1998-2007. (Letter from Goodell to Reps. Conyers and Smith, p. 12.)

119

NFL Players Association, “NFLPA White Paper,” p. 4.

CRS-28

or 2007. The NFLPA provided information that covers both years, while the NFL

provided an amount for each year. Additionally, the NFLPA provided a breakdown

by type of benefit (that is, retirement benefits, medical benefits, and disability funds)

and amount, while the NFL provided an aggregate amount for eight different

benefits, each of which is listed by the name of the benefit.

Benefits for Former Players

Table 4 provides a summary of the benefits available to former players;

eligibility requirements vary by benefit. This overview includes selected features for

each type of benefit. For detailed information about a particular benefit, it is best to

consult the appropriate document, such as the CBA. Workers’ compensation is

included because, although states administer workers’ compensation programs, the

NFLPA and the NFL provide funding for workers’ compensation for their players.

The following is a list of the benefits included in Table 4. Shortened names are

used in the table because this format makes it easier to identify the description or

purpose of the benefit. Each benefit is identified by its complete name, as well as a

shortened version. For example, the NFL Players Health Reimbursement Account

appears as “Health Reimbursement Account” in the table. An asterisk identifies a

benefit that is included in the CBA.

88 Benefit (or Plan)*

Cardiovascular Health (CVH) Program

Bert Bell/Pete Rozelle NFL Player Retirement Plan — Death

Benefits (“death benefits”)*

Bert Bell/Pete Rozelle NFL Player Retirement Plan — Line-of-Duty

Disability (“line-of-duty disability”or “LOD disability”)*

Bert Bell/Pete Rozelle NFL Player Retirement Plan — Retirement

Benefits (“retirement benefits” or “pension”)*

Bert Bell/Pete Rozelle NFL Player Retirement Plan — Total and

Permanent Disability Benefits (“total and permanent disability

benefits” or “T&P benefits”)*

NFL Player Annuity Program (“annuity program”)*

NFL Player Joint Replacement Benefit Plan (“joint replacement

benefit plan”)

NFL Player Second Career Savings Plan (“second career savings

plan”)*

NFL Player Supplemental Disability Plan (“supplemental disability

plan” or “supplemental disability benefits”)*

CRS-29

NFL Players Health Reimbursement

reimbursement account”)*

Account

(“health

Retiree Medical* (This benefit is part of Group Insurance, which is

how the benefit is listed in the CBA. The remainder of the Group

Insurance benefit is available to only active players.)

Severance Pay*

Workers’ Compensation

CRS-30

Table 4. Selected NFL-NFLPA Benefits as of October 2007

Name of Benefit or

Program and Year

Established

Players from

These Years May

Participate

Summary of Eligibility

Criteriaa

Selected Featuresb,c

88 Pland,e

February 1, 2007

All years

Vested player who is suffering

from dementia.

— Plan will reimburse, or pay for, certain costs related to dementia.

— A maximum of $88,000 may be paid annually for expenses for care

provided by a third party (for example, institutional custodial care or

home custodial care provided by an unrelated third party). The

maximum amount of this benefit is $50,000 annually for care that is not

provided by a third party (for example, a relative provides care at

home).

Annuity Programd

April 1, 1998

1998-present

Minimum of four credited

seasons.

— This is a deferred compensation program.

— An allocation of $65,000 will be made for each eligible player who

earns a credited season in an annuity year and who has a total of four or

more credited seasons as of the end of such annuity year.

Cardiovascular Health

(CVH) Program

July 25, 2007

All years

Apparently, this program is

open to all players.

— Provides cardiovascular screening and education.

Death Benefitsd

September 19, 1962

All years

Vested inactive or active

player.

— Provides financial assistance to widow and/or surviving minor

children of a former or active player.

— Monthly benefit equal to $3,600 or 50% of the player’s benefits,

whichever is greater. For first 48 months after player’s death, the

amount of the benefit cannot be less than $6,000/month for a player

who was an active player after 1976 plan year, or $9,000/month for a

CRS-31

Name of Benefit or

Program and Year

Established

Players from

These Years May

Participate

Summary of Eligibility

Criteriaa

Selected Featuresb,c

player who was an active player after the 1981 plan year.

— For a widow, benefit ends with her death or remarriage. For

children, benefit ends upon reaching the age of 19 (or 23, if in college).

Termination based on age does not apply if child is mentally or

physically incapacitated.

Health Reimbursement

Account (HRA)d

March 1, 2007

2004-present

At least eight credited seasons

for a player whose last credited

season was 2004 or 2005. At

least three credited seasons for

a player who earned a credited

season in 2006 or any later

year.

— An annual contribution is made to a player’s account in the amount

of $25,000 or $50,000, depending upon the terms of the CBA. Total

contributions shall not exceed $300,000.

— Player may receive reimbursement for medical care expenses only

during periods of time when he is not covered by the Group Insurance

in the CBA or the Extended Post-Career Medical and Dental Insurance

in the CBA.

Joint Replacement Benefit

Plan

2007f

All years

Unknown.

— Assists retired players who need joint replacement surgery.

— Plan provides financial assistance to all eligible former players to

cover the cost of surgery.

— Additional financial assistance is available from the NFL Player

Care Foundation.

Line of duty (LOD)

disability benefitd

April 1, 1970

All years

Any player who incurs a

substantial disablement (but is

not totally and permanently

disabled) arising out of NFL

football activities, as

— Amount of monthly benefit will equal the sum of the player’s

benefit credits (see Retirement Benefits) or $1,000, whichever is

greater.

— Payments continue for duration of substantial disablement, but no

longer than 7 ½ years.

CRS-32

Name of Benefit or

Program and Year

Established

Players from

These Years May

Participate

Summary of Eligibility

Criteriaa

Selected Featuresb,c

determined by the Retirement

Board or the Disability Initial

Claims Committee (DICC),

that is a significant factor in

causing his retirement from

football. Player does not have

to be vested.

— If both an LOD benefit and a T&P benefit are payable, only the

larger of the two benefits will be paid.

— Application for LOD benefit must be submitted within 48 months

after player ceases to be an active player.g

Retiree Medicald,h

May 6, 1993

1993-present

Vested.

— Active players receive group insurance benefits: life insurance, and

medical and dental benefits. The same medical and dental benefits are

provided to former players for a set amount of time, as described below.

— Players released or who otherwise severed employment after the

first regular season game in the 2002 season, but before the first regular

season game in 2005 season, continue to receive medical and dental

benefits for 48 months.

— Players released after the first regular season game in the 2005

season and prior to the expiration or termination of the 2006-2012 CBA

will receive medical and dental benefits for the following 60-month

period.

Retirement Benefitsd,i

September 19, 1962

All years

Vested player.

— A player earns a benefit credit for each credited season, and a

vested player’s monthly pension is the sum of his benefit credits for

each of his credited seasons. Under the 2006-2012 CBA, the benefit

credits are as follow:j

CRS-33

Name of Benefit or

Program and Year

Established

Players from

These Years May

Participate

Summary of Eligibility

Criteriaa

Selected Featuresb,c

Credited Season ----------- Benefit Credit

Before 1982 ---------------- $250

1982-1992 ------------------ $255

1993-1994 ------------------ $265

1995-1996 ------------------ $315

1997 ------------------------- $365

1998-presentk --------------- $470

— Any vested inactive player may choose to receive his benefits at the

normal retirement age, which is 55 under the retirement plan, or later

(that is, deferred retirement). A vested inactive player with at least one

credited season prior to 1993 plan year may elect for early retirement

(which begins at age 45). Benefits will be adjusted accordingly for a

player who chooses deferred retirement or early retirement. Benefits

will be increased for deferred retirement, and decreased for early

retirement.

— A vested player who leaves the NFL on or after March 1, 1977, has

at least one credited season prior to the 1993 plan year, and is no longer

an employee may elect to receive an early payment benefit in the form

of a lump sum, a life-only pension, or a qualified joint and survivor

annuity. If a player receives an early payment benefit, his monthly

pension will be based upon 75% of the sum of his benefit credits.

— A player who chooses an early payment benefit after March 31,

CRS-34

Name of Benefit or

Program and Year

Established

Players from

These Years May

Participate

Summary of Eligibility

Criteriaa

Selected Featuresb,c

1982, will have any subsequent payments for certain benefits (for

example, total and permanent disability benefits, line-of-duty disability

benefits) reduced by 25%.

Second Career Savings

Pland

July 1, 1993

1993-present

A first-year player may

contribute to the plan. A player

must have at least two credited

seasons, at least one of which

is for Plan Year 2006 or later,

in order to receive a club

contribution.

— Matching contributions shall be two dollars for each dollar provided

by a player. The maximum matching contributions, which vary by plan

year under the CBA, are as follow: $20,000 for each year, 2006-2008;

$22,000 for 2009; $24,000 for 2010, and $26,000 for 2011.

— Beginning at age 45, a player may withdraw money from his

account.

Severance Payd

November 16, 1982

1982-present

Minimum of two credited

seasons. At least one of the

seasons must have occurred

during the period 1993-2011.

Player’s written request for

severance pay must indicate

that he intends to permanently

sever employment as an active

player.

— A player’s severance pay will equal the sum of the following:

$5,000 per credited season for each season during the period1989-1992;

$10,000 per credited season for each season during the period 19931999; $12,500 per credited season for each season during the period

2000-2008; and $15,000 per credited season for each season during the

period 2009-2011.

— Severance pay is paid in a single lump sum. Payment date varies

depending upon when the individual was last involved in a league

playing activity and when he submits an application.

Supplemental Disability

Pland,l

July 1, 1993

1993-present

Former players who receive

T&P disability benefits in the

“active football,” “active

— Supplemental disability plan benefits are automatically paid to each

eligible player.

— Effective April 1, 2000, the monthly and annual supplemental

CRS-35

Name of Benefit or

Program and Year

Established

Total and Permanent

Disability Benefitd,h,n

April 1, 1970

Players from

These Years May

Participate

All years, except for

an inactive player

who does not have a

credited season after

1958.

Summary of Eligibility

Criteriaa

Selected Featuresb,c

nonfootball,” and “football

degenerative” categories.

disability plan benefit for each category is as follows: “active football,”

$14,670 monthly and $176,040 annually; “active nonfootball,” $7,167

monthly and $86,004 annually; and “football degenerative,” $5,167

monthly and $62,004 annually.m

— Players who receive T&P “inactive” category benefits do not

receive any benefits under this plan.m

Active player (he does not have

to be vested) or vested inactive

player who is totally and

permanently disabled, as

determined by the Retirement

Board or the DICC.

— The amount of a player’s benefit will be equal to the sum of his

benefit credits, excluding benefit credits for credited seasons prior to

1958. The benefit amount may be increased as follows for each benefit

category:

(a) Active football: monthly benefit will be not be less than $4,000 if

the disability or disabilities arise out of NFL football activities, arise

while the player is an active player, and cause the player to be totally

and permanently disabled “shortly after” the disability or disabilities

first arise.o

(b) Active nonfootball: monthly benefit will not be less than $4,000 if

the disability or disabilities do not result from NFL football activities,

but do arise while the player is an active player, and cause the player to

be totally and permanently disabled “shortly after” the disabilities first

arise.o

if the disability or disabilities arise out of NFL football activities and

result in T&P disability before 15 years after the end of the player’s last

credited season.

CRS-36

Name of Benefit or

Program and Year

Established

Players from

These Years May

Participate

Summary of Eligibility

Criteriaa

Selected Featuresb,c

(d) Inactive: The monthly benefit will not be less than $1,500 ($1,750

for applications received on or after April 1, 2007)p if the T&P

disability or disabilities arise from other than NFL football activities

while the player is a vested inactive player, or the disability or

disabilities arise out of NFL football activities and result in total and

permanent disability 15 or more years after the end of the player’s last

credited season, whichever is later.

(e) Dependent child: monthly benefit will increase $100 per each child

who is a dependent.q

— Effective for payments made on and after November 1, 1998, a

player may receive a T&P payment for a disability resulting from a

psychological/psychiatric disorder. This provision applies only to the

“active nonfootball” and “inactive” categories, and special rules that

pertain to disabilities resulting from other than a football injury.

— A T&P disability that is a result of a psychological/psychiatric

disorder may be awarded under the provisions for “active football” and

“football degenerative”disabilities (and under special rules that pertain

to disabilities resulting from a football injury incurred while an active

player) if the requirements for such a disability are met and the disorder

“(1) is caused by or relates to a head injury (or injuries) sustained by a

Player arising out of League football activities (e.g., repetitive

concussions); (2) is caused by or relates to the use of a substance

prescribed by a licensed physician for an injury (or injuries) or illness

sustained by a Player arising out of League football activities; or (3) is

CRS-37

Name of Benefit or

Program and Year

Established

Players from

These Years May

Participate

Summary of Eligibility

Criteriaa

Selected Featuresb,c

caused by an injury (or injuries) or illness that qualified the Player for

total and permanent disability benefits under Section 5.1(a) [active

football].”r

— T&P benefit is payable for life or until cessation of total and

permanent disability.

Workers’ Compensations

All years

Apparently, all players are

eligible. However, workers’

compensation is regulated and

administered by state

governments, which also

means that eligibility

requirements and other details

vary from state to state.

— NFLPA has made arrangements for all players to be covered by

workers’ compensation, which is available to employees who have been

injured or disabled on the job.

— Workers’ compensation may include disability pay or wage loss

benefits, a lump sum benefit to compensate for permanent loss of

function, and/or payment or reimbursement for medical expenses.

Sources: National Football League and NFL Players Association, NFL Collective Bargaining Agreement: 2006-2012, Mar. 8, 2006; NFL Players Association, “ Line of Duty Disability,”

Mar. 12, 2008, available at [http://www.nflplayers.com/user/content.aspx?fmid=178&lmid=443&pid=367&type=n]; NFL Players Association, “NFLPA and NFL Announced New

Retirement Benefit Initiatives,” news release, July 25, 2007; Bert Bell/Pete Rozelle NFL Player Retirement Plan, Apr. 1, 2001; NFL Player Supplemental Disability Plan, Apr. 1, 2001;

Letter from Eugene Upshaw, Executive Director, NFL Players Association, to Reps. John Conyers, Jr., Lamar S. Smith, Linda T. Sanchez, and Christopher B. Cannon, Nov. 5, 2007,

p. 1; NFL Players Association, “CBA: Workers’ Compensation Benefits,” available at [http://www.nflpa.org/CBA/Workers_Comp.aspx] as of Nov. 15, 2007, on file with the author;

National Football League, “NFL & NFL Players Association Create New Joint Replacement Benefit Plan”; and National Football League “14 Leading Medical Institutions Selected

to Assist Retired Players Needing Joint Replacement Surgery,” news release, Dec. 10, 2007; and Gregory P. Guyton, “A Brief History of Workers’ Compensation,” Iowa Orthopaedic

Journal, 1999, available at [http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1888620].

CRS-38

Note: See the glossary in Appendix A for the definition of terms, such as “credited season,” “plan year,” and “vested player.”

a. Since this is only a summary, additional criteria or conditions may apply.

b. The actual amount that a particular individual receives is determined by a number of factors, including, for example, the years in which he played and whether the amount of a

particular benefit is altered by a succeeding CBA. Also, the receipt of a certain benefit may affect the amount of another benefit an individual receives. For example, receipt

of an 88 Plan benefit may result in a decrease in Total and Permanent disability benefits as follows: “The maximum benefit payable for any month shall be reduced, but not below

zero, by the amount of any total and permanent disability benefits paid by the Bert Bell/Pete Rozelle NFL Player Retirement Plan and the NFL Player Supplemental Disability

Plan. However, the maximum benefit payable for any month shall not be reduced by those total and permanent disability benefits paid to players who are receiving the Inactive

total and permanent disability benefit described in Section 5.1(d) of the Bert Bell/Pete Rozelle NFL Player Retirement Plan.” (National Football League and NFL Players

Association, NFL Collective Bargaining Agreement: 2006-2012, Mar. 8, 2006, pp. 215-216.)

c. The amount, eligibility criteria, and other details of a particular Retirement Plan benefit may change over the years as new CBAs are negotiated and the Retirement Plan is changed

accordingly. The details of other (non-retirement plan) benefits may be changed, too, by the NFL and the NFL Players Association.

d. This benefit plan or program is included in the CBA.

e. The 88 Plan was so named to honor John Mackey, a former Baltimore Colts tight end and member of the Hall of Fame who wore number 88. (NFL Players Association, “NFLPA

White Paper,” n.d., available at [http://www.nflpa.org/whitepaper/], p.23.), downloaded Sept. 2007, on file with the author.

f. The NFL announced in Dec. 2007 the establishment of the Joint Replacement Benefit Plan, but it appears that implementation will occur at some later date.

g. As announced on Feb. 29, 2008, the NFL and the NFLPA modified the deadline for applying for LOD benefits. A player will have 48 months or the number of credited seasons

he has earned within which to apply. For example, a player who has six credited seasons will have six years, instead of four years, within which he must apply. The deadline

will equal the number of credited seasons a player has, which means, for example, that a player with six credited seasons will have six years

h. Retiree Medical is part of the Group Insurance benefit in the CBA, where it is identified as “Extended Post-Career Medical and Dental Benefits.” It is unclear whether Retiree Medical

covers injuries sustained as a player. The remainder of the Group Insurance benefit is available to only active players. (National Football League and NFL Players Association,

NFL Collective Bargaining Agreement, 2006-2012, pp. 218-219.)

i. A former player who is receiving T&P disability benefits when he reaches the normal retirement age of 55 will have his disability benefits converted to a retirement benefit (pension).

The amount of the benefit will not change. (Bert Bell/Pete Rozelle NFL Player Retirement Plan, Summary Plan Description, Apr. 2005, p. 18.)

j. For example, “[a]n Active Player for three or more games of the 1996 through 1999 seasons [would receive] Benefits Credits [in the amount of] $1,465 ($285 + $330 + $425 +$425

= $1,465). The player will, therefore, receive $1,465 per month when he begins to receive his pension benefit at age 55.” (NFL Players Association, “Rules and Regulations:

Player Benefits,” n.d., available at [http://www.nflpa.org/RulesAndRegs/PlayerBenefits.aspx] as of Aug. 21, 2007, on file with the author.)

k. Specifically, the benefit credit of $425 is for each credited season from 1998 “through the Plan Year that begins prior to the expiration of the Final League Year.” (Bert Bell/Pete

Rozelle NFL Player Retirement Plan, p. 11.)

l. Per the NFLPA, the Supplemental Disability Plan was created because, pursuant to federal statute(s), there is a cap on the amount of disability benefits a plan may pay, such as the

retirement plan for former players. (Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 19.)

m. See “Total and Permanent Disability Benefit” in the table for information about the four categories of T&P benefits.

CRS-39

n. In Feb. 2008, the NFL and the NFLPA announced the following changes to the T&P disability benefit: “Players who took their NFL pension early, and are therefore ineligible to

apply for and receive disability benefits, will be offered a new one-time opportunity to apply for total and permanent disability benefits. These players may establish their disability

through either a medical examination or by a total and permanent disability determination from Social Security. The opportunity to apply for benefits will begin on April 1, 2008.

Applications will be accepted through July 31, 2008. Players who have received a total and permanent disability determination from Social Security will not need to separately

establish disability under the NFL plan. Players who were denied benefits under the NFL plan but have subsequently been found [to be] disabled by [the] Social Security

[Administration] may have their NFL cases reconsidered. The other good news for retired NFL players is that NFL disability awards are not offset by the amount of any award

paid by Social Security.” (National Football League and NFL Players Association, “NFL and NFL Players Association Expand Disability Benefits Program for Retired Players,”

Feb. 29, 2008, available at [http://www.nflplayers.com/user/content.aspx?fmid=178&lmid=443&pid=422& type=n], p. 1.)

o. “A Player who becomes totally and permanently disabled no later than six months after a disability(ies) first arises will be conclusively deemed to have become totally and

permanently disabled ‘shortly after’ the disability(ies) first arises, as that phrase is used in subsections (a) and (b) above [descriptions of benefits for players who experience active

football and active nonfootball disabilities], and Player who becomes totally and permanently disabled more than 12 months after a disability(ies) first arises will be conclusively

deemed not to have become totally and permanently disabled ‘shortly after’ the disability(ies) first arises as that phrase is used in subsections (a) and (b) above. In cases falling

within this six-to twelve-month period, the Retirement Board or the Disability Initial Claims Committee will have the right and duty to determine whether the ‘shortly after’

standard is satisfied.” (Bert Bell/Pete Rozelle NFL Player Retirement Plan, p. 20.)

p. The NFL and the NFLPA announced on Feb. 29, 2008, that “the minimum benefit post-career” for “non-football ‘total and permanent’ disability” had doubled from “$20,000 to

$40,000 per year for retired players who become disabled unrelated to football.” (National Football League and NFL Players Association, “NFL and NFL Players Association

Expand Disability Benefits Program for Retired Players,” p. 1.)

q. A child is considered to be a dependent only until reaching the age of 19; if he or she is in college, age 23 is the threshold. (Bert Bell/Pete Rozelle NFL Player Retirement Plan, p.

4.)

r. Bert Bell/Pete Rozelle NFL Player Retirement Plan, p. 21.

s. The year that this benefit was established is unknown.

CRS-40

NFLPA Retired Players Department

The Retired Players Department, established in 1984,

acts to meet players’ needs with the right services; continuously communicates

and involves players of all ages to create an exclusive fraternity; works

collaboratively with other NFLPA departments and Players Inc.120 to give

outstanding value to its members; provides leadership, administration,

coordination and implementation to serve the needs of retired players and retired

player chapters.121

The department’s objectives are

“To establish more local chapters [of retired players]”;

“To increase the future pensions and benefits for all players”;

“To establish a formal line of communication between active and

retired players”;

“To build a network of retired players for business contacts and

second careers”;

“To help build the image of the game and promote it to the benefit

of players; and”

“To raise funds for the Players Assistance Trust (PAT).”122

Accomplishments of the Retired Players Department include

“[Assisting players] in gaining pension and disability benefit

increases”;

120

“In September 2000, NFL PLAYERS and the NFL entered into a historic partnership to

provide player group licensing rights to NFL sponsors. With this deal, NFL sponsors are

given the right to utilize players as part of their sponsorship agreements.... Activities

include marketing, licensing, special events, corporate sponsorship, media and content

development, publishing, website (NFLPLAYERS.COM) and other promotional programs.

PLAYERS INC is a fully integrated marketing company for active and retired NFL players.

These activities generate guaranteed royalties to PLAYERS INC and the players, in addition

to providing financial support to the NFLPA. The organization is committed to meeting the

needs of all NFL players in the National Football League by creating player marketing

opportunities, increasing brand awareness and developing valuable business partnerships.”

(NFL Players Association, “Sponsors/Licensees,” available at [http://www.nflplayers.com/

user/template.aspx?fmid=182&lmid=243&pid=0&type=l].) (Capitalization is in the

original.)

121

NFL Players Association, “Retired Players Department: FAQs,” n.d., available at

[http://www.nflpa.org/Faqs/Faqs.aspx?printer_friendly=yes] as of Nov. 2, 2007, on file with

the author, p. 1.

122

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 27.

CRS-41

“[Administering] the PAT Fund, resulting in over $5 million in

payments on behalf of former players in need”;

“[Assisting] in networking between former players and potential

employers”;

“Helping former players take advantage of workers compensation

benefits under state law; and”

“Providing the services of medical professionals in various areas

including orthopedic and cardiovascular.”123

Any player who had signed a contract with a team is eligible to join a chapter,

and there are 33 chapters of former players across the country.124 Chapter presidents

attend the annual chapter officers meeting and the Retired Players Convention. An

election is held at the latter for the Retired Players Steering Committee, which is “the

only elected national body representing retired players....”125

Players Assistance Trust (PAT) Fund

The players association created the Professional Athletes Foundation (PAF), a

501(c)(3) organization under the Internal Revenue Code, in 1987.126 The

foundation’s mission is to “provide vocational, educational, recreational and athletic

opportunities for people of all races, religions and nationalities, male and female,

wherever they may live, including but not limited to needy, former, amateur and

professional athletes and young people who might not have the fullest opportunity

to develop their vocational and educational capabilities.”127

In 1992, the foundation established the Player Assistance Trust (PAT) to

“provide financial assistance to former professional and amateur players and their

families....”128 Specifically, the PAT is to provide

short-term financial assistance to former players who find themselves in a

financial crisis. A primary goal of the fund is to assist players who are faced

with financial problems created by catastrophic illness.... The funds cannot be

used for long-term financial support. Grants are not available for supplemental

123

Ibid.

124

Ibid., p. 26.

125

NFL Players Association, “Retired Players Department: FAQs,” p. 1.

126

This organization is a tax-exempt organization under the Internal Revenue Code. For

more information, see U.S. Dept. of the Treasury, Internal Revenue Service, “Exemption

Requirements,” available at [http://www.irs.gov/charities/charitable/article/0,,id=

96099,00.html].

127

NFL Players Association, “Retired Players Department: FAQs,” pp. 4-5.

128

Ibid., p. 5.

CRS-42

income to pension benefits. Grants are not available as loans for business

transactions.129

The maximum grant amounts available are $10,000 for educational purposes and

$20,000 for financial or medical assistance; not every applicant, however, receives

the maximum amount.130

Donations from the players association, the NFL, and individuals, and a

percentage of the fines levied against active players provide funding for the PAT.

Since 2000 and through fall 2007, the amount of money from fines contributed to

the PAT was $2,814,692.131 The NFL has contributed the following amounts, which

total $6,350,000:

1997: $350,000

1998: $350,000

1999: $350,000

2000: $700,000

2001: $700,000

2002: $700,000

2003: $700,000

2004: $1,000,000

2005: $1,250,000

2006: $1,250,000132

Data about grants awarded during the period 1991-2007 are provided in the

following two tables. Table 5 shows how many grants were awarded, by type (for

example, education, financial, and medical). Table 6 shows how many grants were

awarded each year. A total of 860 grants have been awarded since the inception of

the PAT, and, according to other information provided by the NFLPA, grants have

been awarded to 662 different players and widows of players.133

129

NFL Players Association, “Players Assistance Trust Fund Grant Guidelines,” n.d.,

available at [http://www.nflpa.org/pdfs/Charitywork/PAT_Application_2007.pdf],

downloaded Sept. 2007, on file with the author, p. 1.

130

Ibid., p. 2.

131

Letter from Goodell to Reps. Conyers and Smith, p. 12.

132

Ibid.

133

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, p. 28.

CRS-43

Table 5. Players Assistance Trust Fund Grants,

by Grant Type, 1991-2007

Number and Percentage

of Grantsa

Amount and Percentage

of Moneya

Education

11%

$398,393.22

Education/Financial

$72,597.66

Financial

585

68%

$3,861,965.46

70%

Medical

119

14%

$698,313.49

13%

Medical/Financial

$473,941.67

Unknown

<1%

$3,315.00

<1%

Total

860

$5,508,526.50

Type of Grant

Source: Data provided by the NFL Players Association; calculations performed by the author.

Note: The data for 2007 may be incomplete as the data were provided before the end of 2007.

a. Percentages have been rounded.

Significant percentages of the number of PAT grants (88%) and the amount of

money (92%) have been awarded for financial or medical purposes, or for a

combination of the two. Only 12% of the grants, and 8% of the money, were

awarded for education and education/financial purposes. The largest average grant,

$6,855.29, was for medical and medical/financial purposes. The average amount of

a financial grant was $6,601.65. The average amount of an education and

education/financial grant was $4,572.73. Overall, the average amount of a grant was

$6,405.26.

Table 6. Players Assistance Trust Fund Grants,

by Year, 1991-2007

Year

Number and

Percentage of

Grantsa

Amount and

Percentage of

Grantsa,b

Average Amount

of Grantb

1991

<1%

$4,836

<1%

$2,418

1992

$92,120

$4,848

CRS-44

Year

Number and

Percentage of

Grantsa

Amount and

Percentage of

Grantsa,b

Average Amount

of Grantb

1993

$134,937

$4,089

1994

$122,609

$4,904

1995

$190,019

$5,136

1996

$354,419

$7,384

1997

$341,975

$6,705

1998

$275,267

$5,984

1999

$387,044

$8,414

2000

$91,668

$5,392

2001

$210,493

$6,014

2002

$205,505

$6,422

2003

$281,239

$6,250

2004

$360,824

$6,443

2005

130

15%

$867,392

16%

$6,672

2006

143

17%

$834,881

15%

$5,839

2007c

11%

$753,300

14%

$7,929

Total

860

$5,508,528

$6,405

Source: Letter from Eugene Upshaw, Executive Director, NFL Players Association, to Reps. John

Conyers, Jr., Lamar S. Smith, Linda T. Sanchez, and Christopher B. Cannon, Nov. 5, 2007, exhibit

C; calculations performed by the author.

a. Percentages have been rounded.

b. Dollar amounts have been rounded to the nearest dollar.

c. The data for 2007 may be incomplete as the data were provided before the end of 2007.

CRS-45

Despite the possibility that the data for 2007 may be incomplete (for the reason

stated above), over 40% of the grants were awarded during the years 2005-2007; 368

grants, 43% of the total, were awarded during this period. Accordingly, the

percentage of grants awarded in each of these years is in double digits. For the

previous 14 years, the percentage of grants awarded each year ranged from less than

1% to 7%. Consistent with these results, 45% ($2,455,573) of the total amount of

the grants was awarded during the period 2005-2007. The reasons for the relatively

consistent percentage of grants for each year from 1991 through 2004, and the

noticeable increase in 2005 followed by similarly high percentages in 2006 and 2007

are unknown. More former players needed assistance during these three years, but

it is unclear whether the rise in the number of grants is related to, for example, the

type and amount of benefits the players received from NFL/NFLPA-funded benefits

and whether these benefits met their needs; wider dissemination of information about

the PAT (if indeed information was disseminated more widely than had been done

previously); or changes, if any, that were made to the PAT applications process.

Regarding the average amount of a grant, there has been a general upward trend.

Aside from the initial year, when only two grants were awarded and the average grant

amount was $2,418, the average amount has increased from $4,848 in 1992 to $7,929

in 2007. However, the highest average amount, $8,414, was in 1999, and the average

amount in 2006 was $5,839.

The NFL has noted that individual clubs also fund efforts involving former

players; usually, these efforts are directed toward players who were members of a

particular club.134

The Alliance

In May 2007, four organizations — the NFL, the NFLPA, the NFL Alumni

Association, and the Pro Football Hall of Fame — came together to form the

“Alliance,” which “is aimed at addressing the medical concerns and needs of retired

players, including joint replacements, cardiovascular health programs and assisted

living arrangements.”135 In December 2007, the NFL announced the establishment

of the NFL Player Care Foundation, which is “governed by representatives of

members of the Alliance,” and which apparently will administer the $17 million that

has been donated to date.136 In February 2008, the NFL and the NFLPA announced

that four former players — Andre Collins, Willie Lanier, Randy Minniear, and Ozzie

Newsome — had been appointed to the board of the directors for the NFL Player

Care Foundation, and that these board members would select additional members.137

134

Letter from Goodell to Reps. Conyers and Smith, p. 12.

135

Ibid.; National Football League, “NFL Clubs Commit $10 Million in Additional Funding

to Retired Players for Medical Assistance.”

136

National Football League, “NFL & NFL Players Association Create New Joint

Replacement Benefit Plan.”

137

National Football League and NFL Players Association, “NFL and NFL Players

Association Expand Disability Benefits Program for Retired Players,” p. 3.

CRS-46

The foundation will coordinate and provide funds to the programs established by the

Alliance.138

When the league and the players association announced, in July 2007, the

formation of this group, they also announced that the Alliance had received $7

million.139 NFL team owners approved a donation of an additional $10 million in

October 2007.140 Fines paid by active players to the NFL for on-field infractions, and

contributions from the NFLPA, other members of the Alliance, and “other interested

retired player groups” will supplement the $17 million.141

As part of this initiative, the NFL and the players association created the NFL

Player Joint Replacement Plan in fall 2007. Fourteen medical centers have been

selected to provide these services:

[The medical centers will] assist eligible retired players in need of joint

replacement surgery.... The medical facilities, carefully chosen for their

expertise, high-quality service and reputation, will make available specialized,

coordinated care to players covered by this new program. The program provides

a common application process to assist them gain access to the institutions. The

plan also will provide financial assistance to all players, regardless of their

financial situation, to cover the cost of the operations. For players not covered

by insurance and who cannot pay for the procedure, additional financial

assistance will be available from the newly created NFL Player Care Foundation.

Players eligible for assistance from the NFL Player Care Foundation will not be

responsible for the cost of either the joint replacement surgery or post-operative

rehabilitation.142

As reported in The New York Times, only retired players who are vested are eligible

for this benefit.143

The following 14 institutions will provide joint replacement surgery: St.

Vincent’s Birmingham/Andrews Sports Medicine & Orthopaedic Center

(Birmingham, AL), Broward General Medical Center (Ft. Lauderdale, FL), Centinela

Freeman Regional Medical Center (Marina del Rey, CA), Cleveland Clinic

Foundation (Cleveland, OH), Lenox Hill Hospital (New York, NY), MedStar Health

— Georgetown University Hospital and Union Memorial Hospital (Washington,

138

Information provided electronically by the NFL Players Association to the author on Mar.

3, 2008.

139

NFL Players Association, “NFLPA and NFL Announce New Retirement Benefit

Initiatives.”

140

National Football League, “NFL Approves Additional $10 Million for Retired Players,”

news release, Oct. 24, 2007, available at [http://search.nfl.com/search/?query=recent&sort=

date&page=5].

141

National Football League, “NFL Approves Additional $10 Million for Retired Players.”

142

National Football League, “NFL & NFL Players Association Create New Joint

Replacement Benefit Plan,” news release, Dec. 10, 2007.

143

Frank Listky, “Rehab Plan Announced for N.F.L.’s Ex-Players,” New York Times, Dec.

11, 2007, available at [http://www.nytimes.com/2007/12/11/sports/football/11joints.html].

CRS-47

DC, and Baltimore, MD, respectively), Methodist Hospital, (Houston, TX), Mount

Sinai Medical Center (New York, NY), Northwestern Memorial Hospital (Chicago,

IL), OASIS MSO, Inc. (San Diego, CA), St. Joseph’s Hospital-Atlanta (Atlanta, GA),

Texas Orthopedic Hospital (Houston, TX), and University of Pittsburgh Medical

Center (Pittsburgh, PA).144 Houston, New York, the Washington, DC, metropolitan

area, and the state of California have two facilities each that are on the list. The

remaining six institutions are in Alabama, Florida, Georgia, Ohio, Illinois, and

Pennsylvania. Without information about the location of former players, it is

unknown how many retired players reside in or near these 10 cities or metropolitan

areas.

Post-surgery rehabilitation and physical therapy will be provided to eligible

former players by HCR Manor Care, which has 280 skilled nursing and rehabilitation

centers and 85 outpatient rehabilitation therapy clinics across the country.145

The Alliance has also developed the following programs:

Health screening — Two doctors, funded by the NFL Player Care Foundation,

are working with medical centers throughout the country to make it easier for

players to get cardiovascular screening without cost. Players found to need

cardiovascular care will receive affordable medical, nutritional and other

treatment. Obesity screening and education also is provided.

Prostate cancer screening — In conjunction with the American Urological

Association, the Alliance will establish a comprehensive program of prostate

cancer screening, care and education.

Assisted living arrangements — Negotiated discounted rates and special

services are made available to former players at three leading national assisted

living providers — Brookdale Senior Living, Inc.; Belmont Village L.P., and

Silverado Senior Living, Inc.

Prescription drug card — The NFL and NFLPA are providing retired players

with a prescription drug card that permits them to purchase prescription

medications at a substantial discount. This new benefit is provided at no cost to

former players.146

144

145

Ibid.

Information about

[http://www.hcr-manorcare.com].

146

HCR

Manor

Care

available

National Football League and NFL Players Association, “NFL and NFL Players

Association Expands Disability Benefits Program for Retired Players,” p. 3. (Boldface

included in original.)

CRS-48

Other Efforts to Aid Former Players

Selected Organizations and Websites

Several former players and other individuals have established organizations or

websites with the goal of aiding retired players. Examples of these organizations and

websites include the following:

147

Dignity After Football Inc. This organization is “committed to

giving a voice to past heroes of the NFL and to finally restoring

dignity to the lives of thousands of disabled and under-pensioned

former players.”147

Fourth & Goal. Bruce Laird, a former NFL player, founded this

organization to assist retired players.148

Gridiron Greats. “The Gridiron Greats Assistance Fund is a

non-stock, non-profit corporation that has been established to

provide financial assistance and coordination of social services to

retired players who are in dire need due to a variety of reasons

including inadequate disability and/or pensions.”149

Hall of Fame Enshrinee Assistance Fund. One of the objectives of

this organization “is to help its own by offering support to former

pros experiencing financial or medical hardship.”150

Hall of Fame Players Association. One of the association’s six

purposes is to “assist Hall [of Fame] members who have financial

difficulties.”151 Established in 2001, the Hall of Fame Players

Association (HOFPA) Charitable Foundation “will contribute to

local and national charities, create a relief fund for members who are

in need and support awards and scholarship efforts in selected

regional areas.”152

Di gni t y Af t er Foot b a l l In c . ,

[http://www.dignityafterfootball.org/].

“Mission,”

n.d.,

available

148

Greg Johnson, “More NFL Players Donating Game Checks to Charity,” Los Angeles

Times, Dec. 12, 2007, available at [http://www.latimes.com/sports/football/nfl/

la-sp-nfl12dec12,1,1897270. story?coll=la-headlines-sports-nfl].

149

Gridiron Greats, “About the Gridiron

[http://www.gridirongreats.org/aboutthefund.html].

150

Greats

Fund,”

available

NFL Alumni, “Mission Statement,” available at [http://www.nflalumni.org/].

151

Hall of Fame Players Association, “About Us,” available at [http://www.hofplayers.com/

index.asp?PageAction=Custom&ID=15].

152

Hall of Fame Players Association, “Charities,” available at [http://www.hofplayers.com/

index.asp?PageAction=Custom&ID=140].

CRS-49

The John Mackey Fund, Inc. The fund was established “to raise

public awareness and fund research to find a cure for Frontotemporal

Dementias.”153

NFL Alumni Association’s Dire Need Fund. This is a joint effort of

the NFL and NFL alumni to provide “assistance to former NFL

players and coaching staff members experiencing financial or

medical hardship.”154

Ralph Wenzel Trust. The trust was established initially to receive

donations to help cover expenses for the care of Wenzel, who suffers

from Alzheimer’s-type dementia. Wenzel now participates in an

NFL program 155 that pays for a portion of his care, so the website

continues as a tribute to Wenzel and as a means of collecting

information about problems faced by former football players.156

Retired Professional Football Players for Justice. This website was

created “to inform former football players, fans and supporters of the

actions being taken by retired players to collect what they fairly

deserve, but that has not been distributed by the organizations that

claim to be acting in the players’ best interest.”157

Active Players’ Efforts

In fall 2007, a lineman for the Kansas City Chiefs, Kyle Turley, announced that

he would donate his paycheck from his team’s game on December 23 to help retired

players who are in need. Reportedly, Turley talked to approximately 20 players who

said they will donate to Gridiron Greats, and he sent a letter to other players in late

November on the subject of donations.158 Turley is quoted, in a New York Times

article, as saying: “Are we going to wait until guys die? Are we going to wait until

guys commit suicide before we make a difference and change this thing?” [He

added:] “If this system doesn’t get fixed, no matter how much money you make ...

you are a serious surgery away from being broke.”159 At least 12 other active players

also have contributed funds to Gridiron Greats, and Turley’s goal is to raise $8

153

The John Mackey Fund, Inc., available at [http://johnmackeyfund.org/].

154

NFL Alumni, “NFL Alumni Dire Need Charitable Trust,” available at

[http://www.nflalumni.org/dire_need.html].

155

This statement may be a reference to the 88 Plan.

156

Ralph Wenzel Trust, available at [http://www.ralphwenzeltrust.org].

157

Retired Professional Football Players for Justice, “About Us,” available at

[http://www.playersforjustice.org/aboutus.html].

158

“N.F.L. Players Plan to Donate to Retirees,” New York Times, Nov. 27, 2007, available

at [http://www.nytimes.com/aponline/sports/AP-FBN-NFL-Disability.html?ex=

1353906000&en=8264ea3f9c77d661&ei=5088&partner=rssnyt&emc=rss].

159

Ibid.

CRS-50

million, according to another news article.160 Additionally, it has been reported that

former tennis player John McEnroe, former NBA player Charles Barkley, and sports

broadcaster Bob Costas have indicated that they will donate money to Gridiron

Greats.161

NFL and NFLPA Health and Safety Initiatives

As noted in the introduction to this report, a former player’s disabilities (as

interpreted broadly) or chronic health problems might, in some cases, have their

origins in what occurred, or did not occur, while the individual was an active player

in the NFL. A potentially significant factor for active players is the NFL’s and the

NFLPA’s efforts to safeguard their health, safety, and general welfare. Such efforts

may include, at a minimum: (1) keeping players informed of, and actively soliciting

their suggestions and ideas on, health and safety issues and initiatives; (2) helping

players prepare for the rigors of playing professional football; (3) identifying and

mitigating all possible conditions and factors that could affect a player’s health and

safety; and (4) upon being made aware of a potentially unsafe or unhealthful

condition, practice, piece of equipment, or rule or guideline, for example — which,

in any case, could involve an act committed or omitted — acting in a timely fashion

to remedy the situation. Some health or safety problems, such as excessive weight,

concussions, and injuries to joints, might have significant, long-term implications

for players. Thus, a comprehensive approach to the health and safety of players

might also include research that examines the possible long-term effects or

consequences of the different types of injuries sustained by players.162

The material in this next section describes the league’s and the players

association’s health and safety initiatives.

NFL Injury and Safety Panel

The NFL Injury and Safety Panel was founded in 1993. The panel

“developed and manages an injury surveillance system that reports

the types and severity of injuries that players experience each year.

These reports are used by team medical staffs to assist in injury

prevention and treatment, and by the Competition Committee to

160

Pat Borzi, “Fund for N.F.L. Retirees in Need of Help Is Gaining Support,” New York

Times, Dec. 12, 2007, available at [http://www.nytimes.com/2007/12/12/sports/

football/12veterans.html]; Greg Johnson, “More Players Donating Game Checks to

Charity,” Los Angeles Times, Dec. 12, 2007, available at

[http://www.latimes.com/sports/football/nfl/la-sp-nfl12dec12,1,1897270.story?coll=

la-headlines-sports-nfl&ctrack=1&cset=true].

161

162

Ibid.

As noted below, the NFL is planning to request or sponsor a study on the long-term

effects of concussions.

CRS-51

assist in the development of playing rules that promote safety. Rules

and enforcement are reviewed annually...”; and the panel163

“evaluates proposals and makes recommendations regarding grants

to support research.”164

The NFL has had the injury surveillance system since 1980, and team physicians and

athletic trainers use it “to record data on injured players and circumstances

surrounding injuries.”165 The league produces two reports each year — one

approximately midway through the regular season and the other after the Super Bowl

— that are detailed medical analyses of the data submitted to, and maintained in, the

injury surveillance system. The NFL provides a copy of each report to the NFLPA.166

The panel’s Subcommittee on Foot and Ankle Injuries, which was founded in

2005, “collects and analyzes injury data on foot and ankle injuries, works with shoe

manufacturers to encourage the development of more protective equipment, and

educates team equipment managers and medical staffs on these matters. The

subcommittee has commissioned studies by Boise State University and Michigan

State University analyzing how shoe and turf factors related to these injuries.”167

The NFL does not know how many players decided to retire because of injuries

they sustained while playing football. However, the league estimates that 181 players

who retired during the period 1993-2004 may have done so because of such

injuries.168

NFL Cardiovascular Health Committee

The Cardiovascular Health Committee, which was established in 2004, consists

of team physicians, athletic trainers, and experts in “cardiology and cardiovascular

163

Letter from Goodell to Reps. Conyers and Smith, p. 8.

164

Ibid.

165

Elliot J. Pellman, et al., “Concussion in Professional Football: Epidemiological Features

of Game Injuries and Review of the Literature,” Neurosurgery, vol. 54, no. 1, Jan. 2004, p.

82.

166

Personnel affiliated with the NFL have used data from the injury surveillance system for

articles on NFL players and health issues. For example, see the preceding footnote.

Additionally, data from the surveillance system were used in this article: Bryan T. Kelly, et

al., “Shoulder Injuries to Quarterbacks in the National Football League,” American Journal

of Sports Medicine, vol. 32, no. 2, 2004, pp. 328-331.

167

168

Ibid., p. 9.

Ibid. The basis for the league’s “assessment” is that 181 players received additional

compensation that is available or provided to players who do not “pass their pre-season

physical due to an injury sustained during the prior season and thus [are] unable to play.”

(Letter from Goodell to Reps. Conyers and Smith, p. 9.)

CRS-52

medicine, endocrinology and obesity, sleep medicine and cardiovascular disease

epidemiology.”169 The committee’s objectives are to investigate

the prevalence of cardiovascular risk factors in NFL players, including

hypertension, diabetes, sleep apnea and obesity; [assess] how those risk factors

relate to different body types and positions on the field; and [evaluate] the effect

of cardiovascular risks on various aspects of an NFL player’s life, such as

aerobic training, nutrition, family history and demographics.170

This committee also oversees the CVH program, which involves screening and

education, for retired players.171

NFL Medical Research Grants

Through NFL Charities, a nonprofit organization that was established in 1973,

the NFL awards charitable grants for sports-related medical research.172 Nonprofit

educational and research institutions may apply for these grants, the focus of which

must be “sports injury prevention, injury treatment, [or] other related research that

affects the health and performance of athletes.”173 Within the category of sportsrelated medical research grants, there are four subcategories: education, medical,

MTBI, and scientific research. The following list shows what types of research or

activities have been funded by each grant subcategory:

Education grants are used to fund the National Athletic Trainers’

Association Non-Medical Research and Scholarship Fund, the

annual meeting of the NFL Physicians Society, and the Professional

Football Athletic Trainers Society Foundation’s Ethnic Minority

Scholarship Program.

Medical grants are used to pay the manager of the NFL’s injury

surveillance system and to pay for studies on concussions and

cardiovascular disease.

MTBI grants have paid for studies involving concussions and related

subjects.

169

Ibid., pp. 6-7. The former commissioner of the NFL selected the co-chairmen who, in

turn, selected the other members of the committee. (Ibid., p. 7.)

170

Ibid.

171

Ibid.

172

National Football League, NFL Charities, “NFL Charities Grant Guidelines,” available

a t

[ h t t p : / / w w w . n f l p a . o r g / p d f s / C h a r i t y W o r k /

2006NFLCHARITIESGRANTGUIDELINES.pdf], downloaded Sept. 2007, on file with the

author.

173

National Football League, “NFL Charities, Medical Research Grants,” available at

[http://www.jointheteam.com/programs/program.asp?p=39&c=6].

CRS-53

Scientific research grants have funded studies on, for example,

arthritis, heat illness, orthopedic injuries and treatments, and cardiac

disease.174

Table 7 shows the amount of money awarded for grants in each of the four

subcategories.

Table 7. NFL Charities’ Grants for Research Related to Players’

Health, 2003-2007

Total Amount of Grants by Subcategory

Year

Education

Medical

MTBI

Scientific

Research

2003

$65,000

$70,935

$200,000

$5,126,666

2004

$92,000

$70,935

$180,000

$862,825

2005

$92,000

$263,715

$200,000

$1,182,900

2006

$92,000

$502,385

$345,900

$1,154,875

2007

$112,000

$1,184,030

$100,000

$1,230,073

Total

$453,000

$2,092,000

$1,025,900

$5,126,666

Source: Letter from Roger Goodell, Commissioner, National Football League, to Reps. John

Conyers, Jr., and Lamar S. Smith, Nov. 2, 2007, attachment 8.

The percentage of total funds awarded for grants, by subcategory and in

descending order, is: scientific research, 59%; medical, 24%; mild traumatic brain

injury, 12%; and education, 5%. Although the percentage of funds for MTBI grants

might seem relatively small, some medical grants have been awarded for research

into concussions, and the league’s MTBI Committee has conducted numerous studies

(see below and Appendix B).

NFL Mild Traumatic Brain Injury Committee

The Committee on Mild Traumatic Brain Injury was established in 1994, by

then-Commissioner Paul Tagliabue. After addressing the definition of “concussion,”

undertaking an effort to collect data, and reviewing available safety equipment, the

committee recommended to the commissioner that

the NFL should independently fund scientific research that would enable

scientists to better understand the cause(s) of MTBI; that this research should be

174

Letter from Goodell to Reps. Conyers and Smith, attachment 8.

CRS-54

funded to independent scientific researchers; and that the NFL Mild Traumatic

Brain Injury Committee should be charged with oversight of the project.175

To date, the committee has published 14 studies, all in the journal Neurosurgery, and

has contributed to “the development of a clearer understanding of the nature of

concussions in football, how they are caused, and the types of impacts that are more

likely to result in concussions.”176 The National Operating Committee on Standards

for Athletic Equipment (NOCSAE), which, among other things, develops standards

for and tests football helmets, and helmet manufacturers have received the

committee’s research.177

A list of members of the committee, and their professional affiliations, is found

in Appendix C.

NFL and NFLPA Education Efforts for Players

Although the NFL has noted that “education regarding injuries and related

matters is principally done by team medical staffs,”178 the league has provided some

information to players. In addition to the information on concussions disseminated

by the league (see below), the NFL and the players association have prepared and

distributed information on their substance of abuse policy and program, and their

policy on anabolic steroids and related substances.179 Materials on heat and hydration

that were developed by the NFL Physicians Society have been shared with team

medical staffs.180

For its part, the NFLPA has stated that it “does not conduct any formalized

educational program for players concerning injuries, their treatment, or rehabilitation.

175

Elliot J. Pellman, “Background on the National Football League’s Research on

Concussion in Professional Football,” Neurosurgery, vol. 53, no. 4, Oct. 2003, pp. 797-798.

176

Letter from Goodell to Reps. Conyers and Smith, p. 5.

177

Ibid., pp. 5-6. Additional information about the National Operating Committee on

Standards for Athletic Equipment (NOCSAE) is available at [http://www.nocsae.org/].

178

Letter from Goodell to Reps. Conyers and Smith, p. 13.

179

The following substances are considered substances of abuse under the NFL-NFLPA

policy: alcohol (under certain circumstances), cocaine, marijuana, amphetamine and its

analogues, opiates, phencyclidine (PCP), and methylenedioxymethamphetamine (MDMA)

and its analogues. (National Football League and NFL Players Association, National

Football League Policy and Program for Substances of Abuse, 2007, available at

[http://www.nflplayers.com/images/pdfs/RulesAndRegs/Drug_Policy_2007.pdf], pp. 6, 20.)

The categories of prohibited substances included in the latter policy are anabolic agents

(steroids), masking agents, and certain stimulants. (National Football League and NFL

Players Association, National Football League Policy on Anabolic Steroids and Related

Substances 2007, 2007, available at [http://www.nflplayers.com/images/pdfs/

RulesAndRegs/BannedSubstances.pdf], pp. 13-16.) See CRS Report RL32894, Anti-Doping

Policies: The Olympics and Selected Professional Sports, by L. Elaine Halchin, for

additional information about the NFL’s steroids policy and doping in general.

180

Letter from Goodell to Reps. Conyers and Smith, p. 13.

CRS-55

Under the standard NFL Player Contract form, Club medical staff has full discretion

on the treatment of injuries, subject to the player’s right to a second opinion and the

right to choose his own surgeon should surgery become necessary.”181 The players

association provides free legal representation for grievances having to do with

injuries; includes information on injury grievances and related topics in the Player

Planner; maintains a list of physicians whom players may consult when seeking

second opinions; and, though union representatives, brings issues related to injuries

to the attention of the Joint Committee on Player Safety and Welfare.182

NFLPA Medical Consultant and Performance Consultant

The NFLPA’s medical consultant (or advisor) “participates in various studies

conducted by the NFL and helps monitor compliance with a set of medical guidelines

the NFL clubs have been advised to follow regarding acclimatization, emergency

medical care, heat prostration, and other medical issues.”183 It is unclear whether this

individual is responsible for monitoring each team’s compliance with the NFL’s

medical guidelines. In any case, the method used for monitoring, how often it occurs,

and whether the medical consultant has a staff to aid him or her are unclear.

The extent of the medical consultant’s responsibilities raises the following

questions. Does the medical advisor personally monitor the teams, perhaps visiting

each team on a regular basis; reviewing the team’s policies, protocols, and other

materials; reviewing a sample of players’ medical records to see how players were

treated; and talking with medical staff as well as players? Or do teams use a “selfreport” model for compliance, whereby team staff members submit a verbal or

written report to the medical advisor that indicates to what extent the team complies

with medical guidelines?

The performance consultant attends NFLPA’s annual meeting and “advises

player reps [representatives] on a variety of health-related issues, including

conditioning, rehabilitation of injuries, use of nutritional supplements, and proper

equipment.”184

181

Letter from Upshaw to Reps. Conyers, Smith, Sanchez, and Cannon, pp. 30-31.

182

Ibid., p. 31. The Player Planner is an appointment book that the NFLPA provides to

players and that includes information about, for example, benefits, the NFLPA, and the NFL

season.

183

Ibid., p. 11. Dr. Thom A. Mayer, CEO and president of BestPractices and chairman,

Dept. of Emergency Medicine, Inova Fairfax Hospital, is the NFLPA’s medical consultant.

(Ibid.)

184

National Football League and NFL Players Association, NFL Collective Bargaining

Agreement, 2006-2012, p. 11. The players association’s performance consultant is Mark

Verstegen, founder and chairman, Athletes’ Performance, a personal training company.

CRS-56

NFL and NFLPA Joint Committee on

Player Safety and Welfare

The following excerpt from the CBA describes the committee’s composition,

responsibilities, and authority:

A Joint Committee on Player Safety and Welfare (hereinafter the “Joint/

Committee”) will be established for the purpose of discussing the player safety

and welfare aspects of playing equipment, playing surfaces, stadium facilities,

playing rules, player-coach relationships and any other relevant subjects. The

Joint Committee will consist of six members: three Club representatives (plus

advisors) and three NFLPA representatives (plus advisors). The Joint Committee

will hold two regular meetings each year on dates and at sites selected by the

Committee. Special meetings may be held at any time and place mutually

agreeable to the Committee. The Joint Committee will not have the power to

commit or bind either the NFLPA or the [NFL] Management Council on any

issue. The Joint Committee may discuss and examine any subject related to

player safety and welfare it desires, and any member of the Committee may

present for discussion any such subject. Any Committee recommendation will

be made only to the NFLPA, the Management Council, the Commissioner, or any

appropriate committee of the NFL; such recommendation will be given serious

and thorough consideration.185

Pursuant to the 2006-2012 CBA, an additional task was assigned to the committee,

which is as follows: “The NFLPA and the [NFL] Management Council agree that a

task for the Joint Committee to undertake promptly upon the execution of this

Agreement is a review of all current materials on the player safety aspects of player

equipment, playing surfaces, including artificial turf and other safety matters.”186

The NFLPA has the right to initiate an investigation “before the Joint

Committee if the NFLPA believes that the medical care of a team is not adequately

taking care of player safety.”187 Two or more neutral physicians will investigate the

issue raised by the NFLPA, write a report, and submit recommendations to the joint

committee within 60 days of being selected.188 If the NFLPA disagrees with the

outcome of this process, it is unclear what recourse, if any, the players association

has.

Although the joint committee has the authority to discuss virtually any subject

related to the safety and welfare of players, it does not appear to have the authority

necessary to implement any proposals or remedies it might develop. That is, the

committee may make recommendations to the NFLPA, the Management Council, the

Commissioner, or an NFL committee, but it does “not have the power to commit or

185

National Football League and NFL Players Association, NFL Collective Bargaining

Agreement, 2006-2012, p. 38.

186

Ibid.

187

Ibid., p. 39.

188

Ibid.

CRS-57

bind either” the players association or the Management Council on any issue.189 This

limitation on its authority may exist because any changes the committee proposes

possibly would have to be negotiated pursuant to the collective bargaining process.

On the other hand, this limitation might hamper the ability of the NFL and the

NFLPA to enact in a timely manner any rule or policy changes necessary to protect

the health and safety of the players. Moreover, whereas it appears that the joint

committee focuses exclusively on player safety and health, when a recommendation

made by the committee is forwarded to one or more of the other parties, it is unclear

what other factors, interests, or considerations might be raised by these other parties

when discussing the committee’s recommendation.

The joint committee also has a role to play if the NFLPA believes that any

proposed playing rule changes, which are issued following the NFL’s annual

meeting, would adversely affect player safety. The process is as follows:

If the NFLPA believes that the adoption of a playing rule change would

adversely affect player safety, then within seven days of receiving such notice the

NFLPA may call a meeting of the Joint Committee [on Player Safety and

Welfare] to be held within one week to discuss such proposed rule change.

Within five days after such meeting, if the NFLPA continues to believe that the

adoption of a playing rule change would adversely affect player safety, the

NFLPA may request an advisory decision by one of the arbitrators designated in

Article IX [of the CBA]. A hearing before such arbitrator must be held within

seven days of the Joint Committee meeting and the arbitrator must render his

decision within one week of the hearing. No such playing rule change will be

made by the Clubs until after the arbitrator’s advisory decision unless the

arbitrator has not rendered his decision within one week of the hearing. The

arbitrator’s decision will be advisory only, not final and binding. Except as so

limited, nothing in this section will impair or limit in any way the right of the

Clubs to make any playing rule change whatsoever.190

While the joint committee’s role in this type of situation is relatively minor, the

description of the process for addressing rule changes that might adversely affect

player safety shows that, ultimately, neither the joint committee, the players

association, nor the arbitrator has any capability to modify or rescind a potentially

problematic proposed rule change. It is not known how many rule changes, if any,

were enacted despite the objections of the NFLPA. Conversely, considering the

following excerpt from the CBA, it appears that the NFLPA is not included in the

process for proposing new rules and thus cannot propose any rules directed at

improving player safety, let alone participate in discussions of rules proposed by the

NFL and/or teams: “Immediately following the NFL annual meeting, the NFLPA will

be given notice of all proposed playing rule changes, either tentatively adopted by the

Clubs or put over for further consideration at a later league meeting.”191

189

Ibid., p. 38.

190

Ibid., pp. 38-39.

191

Ibid., p. 38.

CRS-58

Discussion of Selected Issues

Injuries and Financial Considerations

Anecdotal accounts suggest that a player might be concerned that, if he is unable

to play because of an injury, his compensation, or his position on the team, might be

jeopardized. Faced with one or more possible financial disincentives, a player might

choose, then, to conceal an injury and continue to play, thus risking further injury.

Moreover, by delaying or not seeking treatment — or even by downplaying the

severity of his injury — a player may not receive appropriate, effective medical

treatment. The lack of medical treatment, or even just the lack of timely medical

care, could have long-term health consequences. Even if a player considers this

possibility, the immediate financial incentives of continuing to play might outweigh

concerns about possible long-term consequences, particularly since those

consequences might not be well known and might be unlikely to occur.

A player does have a financial incentive to report an injury, but this incentive

is relatively small. Failure to promptly report an injury to a club physician trainer

may result in a fine of up to $1,500.192 The financial penalty for failing to report an

injury promptly might be less important to a player than the perception, if not the

reality, of potential adverse financial consequences related to his willingness to play

while injured. If an individual continues to play with an injury, an action that can be

facilitated by the use of pain medications, it is possible that he risks aggravating the

original injury, or that other parts of his body may be forced to compensate for the

injured body part. A possible long-term consequence is that, since the injury is not

part of the player’s medical records, he might not have documentation he will need

as a former player to be eligible for retirement plan disability benefits.

Anecdotal information, in the form of statements by players that have been

reported in news articles, suggests that the perception exists among at least some

players that, in some cases or situations, a player who reports an injury might be

jeopardizing his career.193 Bob Brudzinski, who was a linebacker for the then-Los

Angeles Rams and Miami Dolphins, was quoted as saying

I can’t say the owners and coaches didn’t care. They wanted to see how tough

you are. Anybody can play not injured. They wanted to see if you can play

injured. There were a lot of injections and stuff like that. And the other thing

is, you didn’t want to sit out a game, because there’s always somebody behind

you who can take your spot. I never thought about concussions, never thought

about blowing my knee out. The one thing I wish is that I could remember more.

We used our head too much, in the wrong way.194

Another player, Jim Kelly, former quarterback for the Buffalo Bills, reportedly said

192

Ibid., p. 19.

193

Dustin Dow, “Much Pain, No Gain?” Cincinnati Enquirer, July 1, 2007, available at

[http://www.factiva.com/].

194

Brown, “Ex-Players Dealing With Not-So-Glamorous Health Issues.”

CRS-59

The game is played with pain.... If you can’t play in pain you should be playing

golf, like I’m doing now. I think that’s the mentality of players. There’s a lot at

stake. Big contracts, the pressure of losing your job — a lot of things force some

guys to do things that maybe they shouldn’t do. I know I played in a lot of games

that I should not have been playing in, but I did.195

Referring to the use of painkillers in order to keep playing, an unnamed

offensive lineman was quoted in a news article as saying: “When you have 300pound guys smashing into one another, what do people expect? People just see

Sundays, but we hit each other every day.... Ultimately, players take them to stay on

the field. Basically you’re in a very competitive sport that is cutthroat. There is little

tolerance for someone who’s not playing.”196 A former linebacker for the San

Francisco 49ers, Dan Bunz, reportedly said, “The coaches dangled that carrot — if

you’re not ready to play, you’re going to get cut [....] They just wanted you back on

the field. They don’t care about you, they just care about the game.”197

The following comments by a former linebacker for the Cleveland Browns,

Randy Gardner, suggest that performance incentives (which are discussed below)

might contribute to the problem of playing injured: “‘You have guys who have a lot

of incentives based upon playing time, you know? How many catches, maybe, how

many tackles — whatever is written into contracts.... And if you don’t meet that, you

lose out on a lot of money. Guys understand that. They push themselves through the

injuries, you know, in order to play and pretty much just to keep their jobs.” 198

Comments by the former director of football operations for the Pittsburgh

Steelers, are consistent with the concerns expressed by players. As quoted in a

Washington Post article, Tom Donahoe said: “‘Durability becomes a significant

factor because there is so much money involved.... If a guy misses five or six games

a year, you’ll think about whether you want to sign him. And I don’t know about all

coaches, but many would rather have a guy with less talent who is more dependable

than a more talented guy who you don’t know when he’ll show up.”199

195

Mike Freeman, “Painkillers, and Addiction, Are Prevalent in N.F.L.,” New York Times,

Apr. 13, 1997, available at [http://query.nytimes.com/gst/fullpage.html?res=

950CE7DD1F3CF930A25757C0A961958260].

196

Ibid. The player who made this comment was not identified in the article.

197

Ron Kroichick, “Glory Has Its Price: The 1981 49ers, Dan Bunz: Pain, Personal Welfare

No Match for Pressure to Play On,” San Francisco Chronicle, Jan. 21, 2007, available at

[http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/01/21/SPG0ANLFN11.DTL].

198

Carl Prine, “Finances Worsen Woes, Critics Say” Pittsburgh Tribune-Review, Jan. 9,

2005, available at [http://www.pittsburghlive.com/x/pittsburghtrib/news/specialreports/

specialnfl/s_291052.html], p. 4.

199

Dave Sell, “Football’s Pain-Taking Process; Playing Hurt Can Be a Complicated

Decision,” Washington Post, Dec. 8, 1996, p. D1.

CRS-60

Some observers might attribute the players’ comments and concerns to the lack

of “guaranteed contracts” in the NFL.200 There is no definition of a “guaranteed

contract,” but the term is taken to mean that a player who has a guaranteed contract

will continue to receive some or all of his compensation even if he is, for example,

injured and thus unable to play. The following excerpts from the NFL Player

Contract, which permit a team to terminate a player’s contract for reasons having to

do with, among other things, the player’s physical condition and performance, may

contribute, at least in part, to the notion that players in the NFL do not have so-called

guaranteed contracts:

8. PHYSICAL CONDITION. Player represents to Club that he is and will

maintain himself in excellent physical condition. Player will undergo a complete

physical examination by the Club physician upon Club request, during which

physical examination Player agrees to make full and complete disclosure of any

physical or mental condition known to him which might impair his performance

under this contract and to respond fully and in good faith when questioned by the

Club physician about such condition. If Player fails to establish or maintain his

excellent physical condition to the satisfaction of the Club physician, or make the

required full and complete disclosure and good faith responses to the Club

physician, then Club may terminate this contract.

9. INJURY. Unless this contract specifically provides otherwise, if Player is

injured in the performance of his services under this contract and promptly

reports such injury to the Club physician or trainer, then Player will receive such

medical and hospital care during the term of this contract as the Club physician

may deem necessary, and will continue to receive his yearly salary for so long,

during the season of injury only and for no subsequent period covered by this

contract, as Player is physically unable to perform the services required of him

by this contract because of such injury. If Player’s injury in the performance of

his services under this contract results in his death, the unpaid balance of his

yearly salary for the season of injury will be paid to his stated beneficiary, or in

the absence of a stated beneficiary, to his estate.

11. SKILL, PERFORMANCE AND CONDUCT. Player understands that he is

competing with other players for a position on Club’s roster within the applicable

player limits. If at any time, in the sole judgment of Club, Player’s skill or

performance has been unsatisfactory as compared with that of other players

competing for positions on Club’s roster, or if Player has engaged in personal

conduct reasonably judged by club to adversely affect or reflect on Club, then

Club may terminate this contract. In addition, during the period any salary cap

is legally in effect, this contract may be terminated if, in Club’s opinion, Player

is anticipated to make less of a contribution to Club’s ability t

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.