1 NFL Player Supplemental Disability Plan 200 St. Paul Place, Suite 2420 Baltimore, MD (800) May 2005 Dear NFL Player: This booklet summarizes the NFL Player Supplemental Disability Plan ("Disability Plan"). The Disability Plan is designed to enhance the payments made to certain Players determined to be disabled under the Bert Bell/Pete Rozelle NFL Player Retirement Plan. The Disability Plan was created, and is maintained and funded, in accordance with Collective Bargaining Agreements between the National Football League Players Association ("NFLPA") and the National Football League Management Council ("NFL Management Council"). This booklet describes the main features of the Disability Plan as of May Please read it carefully, show it to your family, and keep it in your permanent records. This booklet summarizes the Disability Plan in everyday language. It is not a substitute for the official Disability Plan document and, in the event of a conflict, the official Disability Plan document will be followed. If you would like to review the official Disability Plan document, please contact the Plan Administrative Office at the above address. The staff will answer any questions you may have about your eligibility or your benefits. Sincerely, The Disability Board
2 Table of Contents Introduction... 1 Who Is a Participant in the Disability Plan?... 1 Who May Benefit Under the Disability Plan?... 2 What Is Your Disability Plan Benefit?... 3 Are Benefits Subject to an Offset?... 3 How Do You Apply For and Receive Disability Plan Benefits?... 4 What Happens to Benefits when You Die?... 5 How Are Your Disability Plan Benefits Taxed?... 5 What Happens to Your Benefits if You Are Divorced?... 5 What Else Do You Need to Know About Your Disability Plan?... 6 Administration and Type of Plan... 6 Plan Administrator and Trustee... 6 Agent for Service of Legal Process... 6 Custodian Bank... 7 Union... 7 Representative of the Employers... 7 Employer Identification Number (EIN) Assigned to the Disability Board... 7 Plan Number... 7 Plan Year... 7 Plan Amendment or Termination... 7 Contributions... 7 Plan Assets... 7 Assignment of Benefits... 7 Receipt of Documents... 8 Designating a Representative... 8 Failure to Exhaust Administrative Remedies... 8 Benefit Claim and Review Procedures... 8 Limitation on Actions... 9 Your ERISA Rights... 9 No PBGC Insurance Disclaimer... 10
3 Introduction The NFLPA and the NFL Management Council have established a two-part program to provide income to certain Players who become totally and permanently disabled: The Bert Bell/Pete Rozelle NFL Player Retirement Plan (referred to in this booklet as the "Retirement Plan") provides monthly total and permanent disability benefits; and The NFL Player Supplemental Disability Plan (referred to in this booklet as the "Disability Plan" or the "Plan") provides additional disability income to certain Players receiving total and permanent disability benefits under the Retirement Plan. This booklet describes the main features of the Disability Plan at this time. A separate Summary Plan Description booklet describes the main features of the Retirement Plan. Who Is a Participant in the Disability Plan? Disability Plan participants are Active or former Players who may qualify for, or who are receiving, total and permanent disability benefits under the Retirement Plan, including Players who have converted to retirement benefits under Section 5.4 of the Retirement Plan. 1
4 Who May Benefit Under the Disability Plan? You will receive supplemental disability benefits from this Disability Plan only if and while you are receiving total and permanent disability benefits from the Retirement Plan in one of these three categories: Active Football (Retirement Plan Section 5.1(a)). In this category, in general, the disability results from NFL football activities, arises while you are an Active Player, and causes you to be totally and permanently disabled "shortly after" the disability first arises. Active Nonfootball (Retirement Plan Section 5.1(b)). In this category, in general, the disability does not result from NFL football activities, but does arise while you are an Active Player, and does cause you to be totally and permanently disabled "shortly after" the disability first arises. Football Degenerative (Retirement Plan Section 5.1(c)). In this category, in general, the disability arises out of NFL football activities, and results in total and permanent disability before the later of (1) age 45 or (2) 12 years after the end of your last Credited Season. A person who is receiving total and permanent disability benefits in one of the above categories from the Retirement Plan is referred to in the Disability Plan and in this booklet as an "Eligible Player." If you are receiving total and permanent disability benefits from the Retirement Plan in the "Inactive" category (Retirement Plan Section 5.1(d)), you are not eligible for disability benefits from this Disability Plan. Please refer to the Retirement Plan Summary Plan Description for more information about qualifying for these benefits. Under the Retirement Plan, your total and permanent disability benefits are converted to retirement benefits when you reach the Retirement Plan's Normal Retirement Date (the first of the month after your 55th birthday). This conversion process has no effect on your Disability Plan benefits. Disability Plan benefits will continue to be paid after the conversion, as long as you are totally and permanently disabled. Such Players are also referred to in the Disability Plan and in this booklet as "Eligible Players." The Retirement Plan contains special rules for total and permanent disability benefits. As just one example, disabilities that result from a psychological/psychiatric disorder, or that are caused by use of, addiction to, or dependence upon (1) a controlled substance, (2) alcohol, or (3) illegal drugs, are not eligible for benefits in the "Active Football" and "Football Degenerative" categories unless an exception applies. All determinations of whether you are totally and permanently disabled and, if so, which category applies, are made by the Retirement Plan. Again, please refer to the Summary Plan Description for the Retirement Plan for a description of the eligibility rules for total and permanent disability benefits in the above categories. 2
5 What Is Your Disability Plan Benefit? If you are an Eligible Player, you will receive a benefit as set forth below: Amount of Payment beginning on July 1, 1993 beginning on March 1, 1994 beginning on March 1, 1995 beginning on March 1, 1997 from April 1, 2000, through the end of the 2006 season Category of Disability Under the Retirement Plan Active Football Retirement Plan Section 5.1(a) Active Nonfootball Retirement Plan Section 5.1(b) Football Degenerative Retirement Plan Section 5.1(c) $4,335 $3,500 $2,250 $4,335 $4,335 $2,250 $8,500 $5,170 $3,085 $12,670 $6,000 $4,335 $14,670 $7,167 $5,167 Whether benefit payments under the Disability Plan will be made for the 2007 and later seasons depends on future Collective Bargaining Agreements. Moreover, no benefits will be provided in, or with respect to, a Plan Year for which the Salary Cap is not in effect. Are Benefits Subject to an Offset? In rare cases, yes. Special rules apply if you were awarded total and permanent disability benefits from the Retirement Plan (or its predecessor plans) on or after July 1, 1993 and your benefits were for periods prior to July 1, Additional information is available upon request. 3
6 How Do You Apply For and Receive Disability Plan Benefits? You will be deemed to have automatically applied for, and will be granted, disability benefits under the Disability Plan on the date you become an Eligible Player, as determined under the Retirement Plan. The Disability Board does not independently determine whether you are totally and permanently disabled or your total and permanent disability category. The determinations by the Retirement Plan as to whether you are totally and permanently disabled and your total and permanent disability category are final and binding on the Disability Board. Therefore, to obtain benefits from the Disability Plan, you first must properly apply for and obtain an award of total and permanent disability benefits under the Retirement Plan. Of course, you will have to comply with the application requirements under the Retirement Plan, including the required medical examinations. If you become ineligible for total and permanent disability benefits under the Retirement Plan for any reason, you will no longer receive benefits under the Disability Plan. Effective February 1, 2002, benefits will be paid automatically to each Eligible Player, unless you previously have filed a written waiver of benefits with the Disability Board. You may revoke such a waiver at any time by filing a written revocation with the Disability Board, but any such revocation will not apply to benefits that would have been paid prior to the date the revocation is received by the Disability Board. Monthly benefits will be paid by a check mailed to your current address or by direct deposit. You must provide a current address or current bank account information to the Plan Administrative Office. A change of address card is included in this booklet. 4
7 What Happens to Benefits when You Die? The Disability Plan stops making monthly payments when you die. The last payment will be a full monthly payment for the month in which your death occurs. How Are Your Disability Plan Benefits Taxed? The tax rules that apply to Plan distributions are complex. Because of this complexity, you should contact your personal tax advisor to determine exactly how your benefits will be taxed. The Disability Plan is not in a position to provide legal or tax advice. However, generally, under current law, the full amount of each payment you receive is includible in income for federal tax purposes in the year that you receive it. What Happens to Your Benefits if You Are Divorced? Although you generally may not assign your Disability Plan benefits to another person, your benefits may be assigned in certain situations involving divorce or in accordance with other orders issued by a domestic relations court. For example, as part of a divorce, a judge may issue an order that divides your disability benefits between you and your former wife. Federal law requires that this kind of order, called a "Qualified Domestic Relations Order" or "QDRO," must meet certain requirements before the Disability Plan may recognize it and pay benefits based on it. For example, a QDRO must be specific as to the division of benefits, must not require benefits to be paid in any form not provided for in the Disability Plan, and must clearly identify the Disability Plan and the parties involved. You may obtain a copy of the Disability Plan's QDRO procedures free of charge from the Plan Administrative Office. If you are involved in a divorce or other domestic action which may result in a QDRO, you should contact the Plan Administrative Office for the Disability Plan's model QDRO. 5
8 What Else Do You Need to Know About Your Disability Plan? Administration and Type of Plan The Disability Plan is a multiemployer welfare benefit plan that provides disability benefits. The Disability Plan is administered by the Disability Board, which is a joint Board of Trustees. The Disability Board has six voting members, three of whom are selected by the NFLPA and three of whom are selected by the NFL Management Council. The Commissioner of the NFL is a nonvoting member. The following individuals are currently on the Disability Board: Chairman Paul Tagliabue Management Members William V. Bidwill* Clark Hunt Eddie J. Jones Player Members Tom Condon* Jeff Van Note Leonard Teeuws *Vice Chairmen The Disability Board has absolute discretion and authority to interpret the Disability Plan, review claims for benefits, and decide how the Plan applies in different situations. Any matter on which the Disability Board is deadlocked may be referred to an arbitrator. You can address correspondence to individual Disability Board members, c/o the Disability Plan at the address listed below. The day-to-day administration of the Disability Plan, on behalf of the Disability Board, occurs at the following address: NFL Player Supplemental Disability Plan 200 St. Paul Place, Suite 2420 Baltimore, MD Plan Administrator and Trustee Disability Board NFL Player Supplemental Disability Plan 200 St. Paul Place, Suite 2420 Baltimore, MD Agent for Service of Legal Process The agent for service of legal process is the Disability Board, the joint Board of Trustees for the Disability Plan. Service of legal process also may be made on each individual member of the Disability Board. 6
9 Custodian Bank The assets of the Disability Plan are held in an account by: Mellon Bank, N.A. One Mellon Center 19th Floor Pittsburgh, PA Union The National Football League Players Association 2021 L St. NW Washington, DC Representative of the Employers NFL Management Council 280 Park Ave. New York, NY Employer Identification Number (EIN) Assigned to the Disability Board # Plan Number 501 Plan Year Records for the Disability Plan are maintained on a Plan Year basis that begins on April 1 and ends on the following March 31. A Plan Year is identified by the calendar year in which it begins. Plan Amendment or Termination The Disability Plan is maintained under the terms of Collective Bargaining Agreements between the NFLPA and the NFL Management Council. The NFLPA and the NFL Management Council, when acting jointly, have the right to amend or terminate the Disability Plan. The Disability Plan will terminate automatically at the end of the Plan Year that begins prior to the expiration of the "Final League Year," as defined in the 1993 Collective Bargaining Agreement, as amended, unless prior to that date the NFLPA and the NFL Management Council jointly agree to continue the Disability Plan. Contributions Contributions to the Disability Plan are made at least quarterly to a trust fund by the member Clubs of the NFL in amounts sufficient to pay estimated Disability Plan benefits and expenses. You do not make contributions in support of the Disability Plan. Plan Assets The Disability Plan's assets are held in trust with the Disability Board serving as the Trustee. The Trust is intended to constitute a voluntary employees' beneficiary association, or "VEBA," within the meaning of section 501(c)(9) of the Internal Revenue Code. Assets will be used to pay benefits to Players or to pay the costs of administering the Disability Plan. Assignment of Benefits In general, you cannot transfer, assign or pledge your benefits under the Disability Plan. Exceptions include a Qualified Domestic Relations Order and an IRS tax levy. 7
10 Receipt of Documents All correspondence, including forms, elections, and other documents that must be submitted or filed with the Disability Plan, are deemed received only if and when actually received by the Plan, and not when mailed or otherwise sent. Designating a Representative For all types of claims and administrative review of claim denials, you can designate a representative to act on your behalf by submitting a written authorization to the Plan Administrative Office. If you designate a representative to act on your behalf, unless you limit the scope of the representation in writing (or the representation is otherwise terminated), the decisions and other notices regarding your claim and/or administrative review of a claim denial will be sent to your representative, and your representative will be allowed to review and obtain copies of your Disability Plan records and other relevant information. Failure to Exhaust Administrative Remedies If your initial claim for benefits is denied in whole or in part (including a deemed denial) and you fail to request, in a timely manner, review by the Disability Board of the denial under the Plan's review procedures described below, you will have failed to exhaust your administrative remedies. If you fail to exhaust your administrative remedies and later file a legal action in court on your denied benefit claim, the court may dismiss your claim. Benefit Claim and Review Procedures You will be deemed to have automatically applied for, and will be granted, disability benefits under the Disability Plan on the date you become an Eligible Player, as determined under the Retirement Plan. Your rights to benefits under the Disability Plan depend on your right to total and permanent disability benefits and your disability category under the Retirement Plan, and determinations of the Retirement Plan regarding these issues are final and binding on the Disability Board. This means that, in seeking benefits from the Disability Plan, you first must apply for total and permanent disability benefits under the Retirement Plan by following the disability benefit claim procedures set forth in the Retirement Plan. If you disagree with the Retirement Plan's determinations regarding that claim, the Retirement Plan's administrative review procedures regarding denials and partial denials of disability claims also apply. For claims for benefits from the Disability Plan (other than the automatic claim rule described in the preceding paragraph), the following rules apply. The Disability Board ordinarily will reach a decision on a benefit claim within 90 days after it is submitted, although in some cases the decision may take up to an additional 90 days. You will be notified in writing if the decision time is extended beyond the initial 90-day period. If your claim for benefits is denied, in whole or in part, you will be provided a written notice of decision, stating the specific reasons for the denial, the specific Plan provisions on which the denial is based, a description of additional information necessary to perfect your claim and an explanation of why such additional material is necessary, and an explanation of the Plan's appeal procedures for seeking review of denied or partially-denied claims, including your right to bring a civil action under ERISA if your claim is denied on review under the Plan's appeal procedures. If the Disability Board fails to notify you of its decision regarding your claim within the time periods described above, you can elect to treat that failure to respond as a deemed denial of your initial claim, which you may appeal to the Disability Board. If you receive a notice of decision that is adverse to you in whole or in part on your claim for benefits that you want reviewed under the Disability Plan's appeal procedures, you must request administrative review (also 8
11 called administrative appeal) in writing to the Disability Board at the Plan Administrative Office within 60 days of receiving the notice of decision on your claim. You also can request administrative review of a deemed denial of your claim. During the appeal process, upon request and free of charge, you can have reasonable access to (and copies of) all documents, records, and other information relevant to your claim for benefits, and you also can submit issues and comments in writing to the Disability Board. The Disability Board ordinarily will make a decision with respect to your request for review at its next meeting, or at its second meeting following receipt of your request for review if your request is received less than 30 days before the next meeting. However, if special circumstances exist, such as the need to obtain further clarifying information, the review may be delayed but will be made by no later than the third Disability Board meeting following receipt of your request for review. The Disability Board will notify you in writing of its decision on review. If the decision on review is adverse to you in whole or in part, the written notice will include the specific reasons for the decision, references to the provisions of the Disability Plan on which the adverse decision was based, a statement of your right, upon request and free of charge, to have access to and copies of all documents, records, and other information relevant to your claim, and a statement of your right to bring a civil action under ERISA following an adverse decision on review. Limitation on Actions You may not commence a legal action in a court on a benefit claim denial or partial denial more than 42 months from the date of the final decision on your claim. With respect to all other types of claims, you may not commence a legal action in a court after the earlier of six years after the date of any omission, violation, or breach of any responsibility, duty, or obligation imposed by the Plan or applicable laws, or three years after the earliest date that you had actual or constructive knowledge of any such omission, violation, or breach, except that, depending on the facts, certain exceptions may apply. If you do file a legal action after these limitation periods have expired, the court may dismiss your claim. Your ERISA Rights You are entitled to certain rights and protections under the Employee Retirement Income Security Act, as amended ("ERISA"). ERISA Provides that All Plan Participants Are Entitled to: Receive Information About Your Plan Benefits: Examine without charge at the Plan Administrative Office all official Disability Plan documents, including the relevant Collective Bargaining Agreements, a copy of the latest annual report (Form 5500 Series) filed by the Disability Board with the US Department of Labor, and a copy of the updated summary plan description. You can get copies of these Disability Plan documents if you ask in writing. The Plan Administrative Office may charge you a reasonable fee for copies of these documents, except for the summary plan description. Receive a summary of the Disability Plan's annual financial report. The Disability Board is required by law to give you a copy of this Summary Annual Report every year. Obtain by written request to the Plan Administrative Office a complete list of employers and employee organizations sponsoring the Disability Plan. The list also is available for examination at the Plan Administrative Office. In addition, you may obtain by written request to the Plan Administrative Office 9
12 information as to whether a particular employer or employee organization is a Disability Plan sponsor and, if so, the sponsor's address. Prudent Actions by Plan Fiduciaries: In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the Disability Plan. The Disability Board members and certain others with responsibility for managing or operating the Disability Plan, called "fiduciaries" of the Disability Plan, have a duty to do their job prudently and in your interest and in the interest of all the other Disability Plan participants and beneficiaries. No one neither your employer, your union, nor any other person may terminate your employment or in any way discriminate against you to prevent you from obtaining a disability benefit or exercising your rights under ERISA. Enforce Your Rights: If your claim for a disability benefit from the Disability Plan is denied in whole or in part, you have the right to receive a written explanation of the reason for the denial. You have the right to have the Disability Board review and reconsider your claim. And, under ERISA, there are steps you can take to exercise these rights. For instance, if you ask for copies of the above materials from the Plan Administrative Office and do not receive them within 30 days, you can file suit in a federal court. In such a case, the court may require the Disability Board to provide the material. In addition, the court may impose a fine of up to $110 a day on the Disability Board, payable to you, unless you did not get the materials because of some reason beyond the control of the Disability Board. If you have a claim for benefits that is denied or ignored in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order, you may file a suit in federal court. If the Disability Plan fiduciaries misuse the Disability Plan's money, or you are discriminated against for asserting your rights, you may seek assistance from the US Department of Labor. You may file suit in a federal court. The court will decide who should pay court costs and legal fees. If the court decides in your favor, it may order the person you have sued to pay these court costs and legal fees. If you lose, the court may order you to pay these court costs and legal fees if, for example, it finds your claim is frivolous. Assistance with Your Questions: If you have any questions about your Disability Plan, you should contact the Disability Board by writing or calling the Plan Administrative Office. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security Administration, US Department of Labor, listed in your telephone directory, or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, US Department of Labor, 200 Constitution Avenue, NW, Washington, DC You also can obtain certain publications about your rights and responsibilities by calling the publications hotline of the Employee Benefits Security Administration. No PBGC Insurance Benefits under the Disability Plan are not insured by the Pension Benefit Guaranty Corporation ("PBGC"). PBGC insurance protection is not available to welfare benefit plans such as this Disability Plan. Disclaimer This summary is intended to describe in general terms the essential features of your Disability Plan. Every effort has been made to make sure that the information contained in this summary is correct; however, in the case of any discrepancy, the provisions of the actual Disability Plan and Trust will govern. 10
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