Brady et al v. National Football League et al

Filing 142

DOCUMENT FILED IN ERROR, CAPTION INCORRECT, WILL RE-FILE. MOTION to Alter/Amend/Supplement Pleadings Leave to Amend and Crossclaim by Obafemi Ayanbadejo, Ryan Collins, Carl Eller. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit(s) Index, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I, # 12 Exhibit(s) J, # 13 Exhibit(s) K, # 14 Exhibit(s) L, # 15 Exhibit(s) M, # 16 Exhibit(s) N, # 17 Exhibit(s) O, # 18 Exhibit(s) P, # 19 Exhibit(s) Q, # 20 Exhibit(s) R, # 21 Exhibit(s) S, # 22 Exhibit(s) T, # 23 Exhibit(s) U, # 24 Exhibit(s) V, # 25 Exhibit(s) W, # 26 Exhibit(s) X)(Stuckey, Shawn) Modified on 7/7/2011 (JME).

SUMMARY PLAN DESCRIPTION

NFL PLAYER
88 PLAN

88 Plan
200 St. Paul Place, Suite 2420
Baltimore, MD 21202-2040
[phone]
September 2007
Dear NFL Player:

This booklet describes the main features of the 88 Plan as of this date. Please read it
carefully, show it to your family, and keep it in your permanent records. Certain
important terms are defined in the Appendix and are italicized throughout this
booklet.
This booklet summarizes the 88 Plan in everyday language. It is not a substitute for
the official 88 Plan document and, in the event of a conflict, the official 88 Plan
document will be followed. If you would like to review the official 88 Plan document,
please contact the Plan Office at the above address or by calling the toll-free
number [phone]. The staff will answer any questions you may have about
your eligibility or your benefits.
Sincerely,
The 88 Board

88 Plan

This booklet summarizes the 88 Plan. The 88 Plan provides benefits to eligible former
Players who have "dementia," as defined in the 88 Plan. The 88 Plan was created,
and is maintained and funded in accordance with the Collective Bargaining
Agreement ("CBA") between the National Football League Players Association
("NFLPA") and the National Football League Management Council ("NFL
Management Council").

Introduction

Table of Contents

1
1

How Do You Vest Due to Credited Seasons?

1

How Do You Vest Due to Total and Permanent Disability?

1

How Do You Become Eligible to Receive a Benefit Under the 88 Plan?

2

How Does the 88 Plan Define Dementia?

2

What Costs Does the 88 Plan Cover?

5

What Limits Apply?

5

How Does an Eligible Player Obtain Benefits?

6

Can 88 Plan Benefits Be Paid Directly to an Appropriate Provider?

6

Can Family Members and Others Help in the Process?

6

Does the 88 Plan Provide Services Directly?

7

Are Your 88 Plan Benefits Subject to an Offset?

7

What Happens to 88 Plan Benefits When You Die?

8

How Are 88 Plan Benefits Taxed?

8

What About Medicare and Medicaid?

9

What Else Do You Need to Know About Your 88 Plan?
Administration and Type of Plan
Plan Administrator and Trustee
Agent for Service of Legal Process
88 Committee
Custodian Bank
Union
Representative of the Employers
Employer Identification Number (EIN) Assigned to the 88 Board
Plan Number
Plan Year
Plan Amendment or Termination

9
9
10
10
10
10
10
10
11
11
11
11

88 Plan

Who Is a Participant in the 88 Plan?

Contributions
Plan Assets
Assignment of Benefits
Receipt of Documents
Designating a Representative
Failure to Exhaust Administrative Remedies
Benefit Claim and Review Procedures
Limitation on Actions
Your ERISA Rights
No PBGC Insurance
Disclaimer
Appendix
Definitions

11
11
11
11
12
12
12
18
18
20
20
21
21

88 Plan

Introduction

Participants who are determined to be Eligible Players are entitled to
receive 88 Plan benefits. These benefits are the reimbursement or
payment of medical and custodial expenses related to the Eligible
Player's Dementia.
This booklet describes the main features of the 88 Plan.

Who Is a Participant in the 88 Plan?
All Vested Players are participants in the 88 Plan. You are a Vested
Player if you are
(1) vested under the Bert Bell/Pete Rozelle NFL Player Retirement
Plan ("Retirement Plan") due to your Credited Seasons, or
(2) vested under the Retirement Plan because you have
received total and permanent disability benefits under the
Retirement Plan.

How Do You Vest Due to Credited Seasons?
You are a Vested Player based on Credited Seasons if:
s You earn three or more Credited Seasons, including at least one
Credited Season after the 1992 season; or
s You earn four or more Credited Seasons.

88 Plan

The NFLPA and the NFL Management Council established this 88 Plan to
provide benefits to certain Players with Dementia, as defined by the 88
Plan. This 88 Plan was established in recognition of former Baltimore
Colts player and Pro Football Hall of Fame member John Mackey,
whose uniform number was 88.

All determinations regarding Credited Seasons are made by the Board
of the Retirement Plan.

How Do You Vest Due to Total and
Permanent Disability?
You are a Vested Player if you have ever received total and permanent
disability benefits from the Retirement Plan. The Summary Plan
Description of the Retirement Plan describes the eligibility and other
rules for total and permanent disability benefits. You may request that
Summary Plan Description from the Plan Office by calling [phone].
1

How Do You Become Eligible to Receive a
Benefit Under the 88 Plan?
You are an Eligible Player entitled to receive 88 Plan benefits if the 88
Committee or the 88 Board determines that:
(1) you are a Vested Player; and
(2) your condition meets the 88 Plan's definition of Dementia.

88 Plan

You must apply in writing to the 88 Plan for a determination of whether
you are an Eligible Player. Application forms are available from the
Plan Office ([phone]) or at www.mygoalline.com.

How Does the 88 Plan Define Dementia?
In general, the 88 Plan uses the medical definition of Dementia in the
Diagnostic and Statistical Manual of Mental Disorders (4th Ed., Text
Revision) ("DSM"), except that Dementia caused exclusively or primarily
by substance abuse is not covered. The full medical definition of
Dementia is lengthy. You may obtain, free of charge, an excerpt from
the DSM containing the full definition by contacting the Plan Office at
[phone]. The following paragraphs paraphrase the DSM
language.
*

*

*

In general, dementia is a disorder characterized by the
development of multiple cognitive deficits (including memory
impairment) that are due to the direct physiological effects of
one or more general medical conditions.
The essential feature of a dementia is the development of
multiple cognitive deficits that include memory impairment and
at least one of the following cognitive disturbances: aphasia,
apraxia, agnosia, or a disturbance in executive functioning. The
cognitive deficits must be sufficiently severe to cause
impairment in occupation or social functioning and must
represent a decline from a previously higher level of functioning.
Memory impairment is required to make the diagnosis of a
dementia and is a prominent early symptom. Individuals with

2

Deterioration of language function (aphasia) may be
manifested by difficulty producing the names of individuals and
objects. The speech of individuals with aphasia may become
vague or empty. Comprehension of spoken and written
language and repetition of language may also be
compromised.
Apraxia involves impaired ability to execute motor activities
despite intact motor abilities, sensory function, and
comprehension of the required task. Apraxia may contribute to
deficits in cooking, dressing, and drawing; individuals with
apraxia may be impaired in their ability to do such tasks as
comb their hair or wave goodbye.
Agnosia involves a failure to recognize or identify objects
despite intact sensory function. For example, the individual may
have normal vision but lose the ability to recognize objects such
as chairs or pencils. Eventually they may be unable to
recognize family members or their own reflection in the mirror.
Similarly, they may have normal tactile sensation, but be unable
to identify objects placed in their hands by touch alone (e.g., a
coin or keys).

88 Plan

dementia become impaired in their ability to learn new
material, or they forget previously learned material. Most
individuals with dementia have both forms of memory
impairment, although it is sometimes difficult to demonstrate the
loss of previously learned material early in the course of the
disorder. They may lose valuables like wallets and keys, forget
food cooking on the stove, and become lost in unfamiliar
neighborhoods. In advanced stages of dementia, memory
impairment is so severe that the person forgets his or her
occupation, schooling, birthday, family members, and
sometimes even name.

Disturbances in executive functioning are a common
manifestation of dementia. Executive functioning involves the
ability to think abstractly and to plan, initiate, sequence,
monitor, and stop complex behavior. Impairment in abstract
thinking may be manifested by the individual having difficulty
coping with novel tasks and avoiding situations that require the

3

processing of new and complex information.
The memory impairment and aphasia, apraxia, agnosia, or
disturbance in executive functioning must be severe enough to
cause significant impairment in social or occupational
functioning (e.g., going to school, working, shopping, dressing,
bathing, handling finances, and other activities of daily living)
and must represent a decline from a previous level of
functioning.
*

88 Plan
4

*

*

Excerpts from the DSM are reprinted with permission from the
Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition,
Text Revision, (Copyright 2000), American Psychiatric Association.
Dementia may be caused by one or more general medical
conditions. The following forms of dementia described in the DSM
qualify under the 88 Plan: Dementia of the Alzheimer's Type,
Vascular Dementia, Dementia due to HIV Disease, Dementia due
to Head Trauma, Dementia due to Parkinson's Disease, Dementia
due to Huntington's Disease, Dementia due to Pick's Disease,
Dementia due to Creutzfeldt-Jakob Disease, Dementia due to
Other General Medical Conditions, Dementia due to Multiple
Etiologies where substance abuse is not the primary cause, and
Dementia Not Otherwise Specified.

What Costs Does the 88 Plan Cover?
If you are determined to be an Eligible Player, the 88 Plan will
reimburse or pay the following costs that are related to your
Dementia, up to the limits described below:
• Institutional care
• Home custodial care provided by an unrelated third party

• Durable medical equipment
• Prescription medication
The 88 Plan does not reimburse or pay for any benefit that is paid by
an unrelated entity, such as an employer, an insurance company, or a
government agency.
The 88 Board may establish minimum standards for providers, such as
required certifications for in-home or institutional custodial care.
Benefits are payable for the duration of your Dementia. If the 88
Committee or the 88 Board should determine that you no longer have
Dementia, your benefits will cease.

What Limits Apply?
The maximum benefit in any Plan Year is $88,000, and that applies to
an Eligible Player who is institutionalized for that entire Plan Year. The
maximum benefit in any Plan Year for an Eligible Player who has not
been institutionalized for any part of that Plan Year is $50,000.

88 Plan

• Physician services

If you receive institutional care for only part of a Plan Year, the $88,000
and $50,000 limits will be prorated, so that one-twelfth (1/12) of the
$88,000 limit applies for each month in which you are admitted for any
part of that month as an in-patient to an institution, and one-twelfth
(1/12) of $50,000 applies to other months. For example, if you are
admitted as an in-patient to an institution for four and a half months
and receive home care for the remainder of the Plan Year, your

5

maximum benefit for that Plan Year is 5/12 of $88,000 plus 7/12 of
$50,000, or $65,833. The Plan Year runs from April 1 to the following
March 31.
If you are an Eligible Player for only part of a Plan Year, the above
calculation will be based on the number of months that you are an
Eligible Player. For the short two-month initial Plan Year from February
1, 2007 through March 31, 2007, the maximum number of months used
above is two.

88 Plan

How Does an Eligible Player Obtain
Benefits?
The 88 Plan has appointed a Benefits Administrator to collect, process,
and pay your claims for benefits. Once the 88 Board or the 88
Committee has determined you are an Eligible Player, you will receive
a package of blank claim forms. You will use these forms to submit
invoices for the costs described above to the Benefits Administrator by
fax at 1-646-878-0787 or by mail to the following address:
88 Plan
c/o CIGNA Healthcare
53 Glenmaura National Blvd.
Moosic, PA 18507
Please call the Plan Office at [phone] if you need claim forms or
have any questions.

Can 88 Plan Benefits Be Paid Directly to an
Appropriate Provider?
Yes. You may request such payment on the claim forms you will
receive, and you may call the Plan Office at [phone] if you
have any questions.

Can Family Members and Others Help in the
Process?
The 88 Plan recognizes that Players with Dementia may not be able to
file for benefits or seek reimbursement on their own. The
6

representative of the Player may file claims for benefits, seek
reimbursement, and otherwise take actions under the 88 Plan on
behalf of a Player. However, the 88 Plan will not pay family members
for their services.

Does the 88 Plan Provide Services Directly?

Are Your 88 Plan Benefits Subject to an
Offset?
Possibly. Your 88 Plan benefit will be reduced by the amount of any
total and permanent disability benefits paid by the Retirement Plan
and the NFL Player Supplemental Disability Plan ("Disability Plan"), other
than 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 Retirement Plan.
If you were receiving Active Football, Active Nonfootball, or Football
Degenerative total and permanent disability benefits under
Retirement Plan sections 5.1(a), 5.1(b), or 5.1(c) at age 55 and your
benefits converted to retirement benefits under Section 5.4 of the
Retirement Plan, your monthly 88 Plan benefit instead will be reduced
by the difference between (1) the monthly benefit you would receive
from the Retirement Plan and Disability Plan combined, if you elected
a Life Only Pension beginning at age 55, and (2) the monthly benefit
you would have received from the Retirement Plan in a Life Only
Pension at age 55 based solely on your Credited Seasons, as if you
were not disabled.

88 Plan

No. You or your representative, not the 88 Plan, are responsible for
selecting the care and services you receive, and the providers for
those services. The 88 Plan cannot be responsible for your care.

Therefore, if you receive Active Football, Active Nonfootball, or
Football Degenerative total and permanent disability benefits under
Retirement Plan sections 5.1(a), 5.1(b), or 5.1(c) and have not
converted to retirement benefits under Retirement Plan section 5.4,
the offset eliminates any 88 Plan benefits you may otherwise receive.
This offset does not apply if you are receiving Inactive total and
permanent disability benefits under Plan section 5.1(d).

7

What Happens to 88 Plan Benefits When
You Die?
The 88 Plan will pay for expenses incurred before you die but that are
not billed or submitted for payment until after your death. Otherwise,
no benefits are payable after your death.

How Are 88 Plan Benefits Taxed?

88 Plan
8

The 88 Plan cannot provide tax advice, and you should consult your
personal tax advisor. However, the following general statements may
be helpful.
In general, you are not taxed on the cost of medical benefits
provided to you through a licensed health care practitioner, such as
costs for office visits, hospitalization, prescription drugs, and prescribed
medical equipment.
The 88 Plan is seeking a ruling from the Internal Revenue Service to
determine whether a similar rule applies for custodial care, such as in
an institution or at home. In general, under the ruling we have
requested, you are not taxed on the 88 Plan payment or
reimbursement for that custodial care.
Unless directed otherwise by the Internal Revenue Service or you, the
88 Plan will assume for withholding purposes that your benefits for
custodial care are not taxable income.
Again, please consult with your personal tax representative to
determine whether, based on your individual facts and circumstances,
your 88 Plan benefits are taxable.

What About Medicare and Medicaid?
The Medicare and Medicaid rules are complex. The 88 Plan is not in a
position to provide advice about the possible interaction between the
88 Plan and Medicare or Medicaid.

Administration and Type of Plan
The 88 Plan is a multiemployer welfare benefit plan that provides
Dementia benefits. The 88 Plan is administered by the 88 Board, which
is a joint Board of Trustees. The 88 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 88 Board:
Chairman
Roger Goodell
Management Members
William V. Bidwill*
Richard Cass
Clark Hunt
Player Members
Tom Condon*
David Duerson
Jeff Van Note

88 Plan

What Else Do You Need to Know About
Your 88 Plan?

*Vice Chairmen
The 88 Board has absolute discretion and authority to interpret the 88
Plan, review claims for benefits, and decide how the 88 Plan applies in
different situations. Any matter on which the 88 Board is deadlocked
may be referred to an arbitrator. You can address correspondence to
individual 88 Board members, c/o the 88 Plan at the address listed

9

below. The day-to-day administration of the 88 Plan, on behalf of the
88 Board, occurs at the following address:
88 Plan
200 St. Paul Place, Suite 2420
Baltimore, MD 21202-2040
800-638-3186

88 Plan

Plan Administrator and Trustee
88 Board
88 Plan
200 St. Paul Place, Suite 2420
Baltimore, MD 21202-2040
Agent for Service of Legal Process
The agent for service of legal process is the 88 Board. Service of legal
process also may be made on each individual member of the 88
Board.
88 Committee
One member of the 88 Committee is appointed by the NFL
Management Council and the other member is appointed by the
NFLPA. The 88 Committee has the authority and discretion to
determine whether a Player is an Eligible Player.
Custodian Bank
The assets of the 88 Plan are held in an account by:
Mellon Bank, N.A.
500 Grant Street
Room 151-1315
Pittsburgh, PA 15258
Union
The National Football League Players Association
1133 20th Street, NW
Washington, DC 20036
Representative of the Employers
NFL Management Council
280 Park Avenue
New York, NY 10017

10

Employer Identification Number (EIN) Assigned to the 88 Board
#11-3805565
Plan Number
501

Plan Amendment or Termination
The 88 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 88 Plan.
Contributions
Contributions to the 88 Plan are made at least quarterly to a trust fund
by the member Clubs of the NFL in amounts sufficient to pay
estimated 88 Plan benefits and expenses. You do not make
contributions in support of the 88 Plan.
Plan Assets
The 88 Plan's assets are held in trust with the 88 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 88 Plan.
Assignment of Benefits
In general, you cannot transfer, assign, or pledge your benefits under
the 88 Plan.

88 Plan

Plan Year
Records for the 88 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.

Receipt of Documents
All correspondence, including forms, elections, and other documents
that must be submitted or filed with the 88 Plan, are deemed received
only if and when actually received by the 88 Plan, and not when
mailed or otherwise sent.

11

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 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 88 Plan records and other relevant information.

88 Plan

Failure to Exhaust Administrative Remedies
If your claim for an eligibility determination or 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 88 Board of the denial under the 88
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
To become an Eligible Player, you must file a written application with
the 88 Plan.
If you are an Eligible Player and seek reimbursement or payment for
an expense, you must submit a claim form to the Benefits
Administrator.
The claims procedure for each of these types of claims is set forth
below.
Claims for Eligibility. To become an Eligible Player, you or your
personal representative must file an application in accordance with
the reasonable claims filing procedures established by the 88 Board
and you must take such actions as the 88 Committee or the 88 Board
may require. The 88 Committee or the 88 Board will notify you when
additional information is required. The time periods described below
for decisions of the 88 Committee and the 88 Board may be extended
with your consent.

12

The notice of an adverse benefit determination will be written in a
manner calculated to be understood by you and will set forth the
following:
(1) the specific reason(s) for the determination;
(2) reference to the specific plan provisions on which the
determination is based;
(3) a description of additional material or information, if any,
needed to perfect the claim and the reasons such material or
information is necessary;
(4) a description of the 88 Plan's claims review procedures and
the time limits applicable to such procedures, including a
statement of the Player's right to bring a civil action under
section 502(a) of ERISA following an adverse benefit
determination on review;
(5) any internal rule, guideline, protocol, or other similar criterion
relied on in making the determination (or state that such
information is available free of charge upon request); and
(6) if the determination was based on a scientific or clinical
exclusion or limit, an explanation of the scientific or clinical
judgment for the determination, applying the terms of the 88
Plan to your circumstances (or state that such explanation is
available free of charge upon request).

88 Plan

If a claim for benefits is wholly or partially denied, the 88 Committee
will give you notice of its adverse benefit determination within a
reasonable time, but not later than 30 days after receipt of the claim.
This determination period may be extended twice by 30 days if, prior
to the expiration of the period, the 88 Committee determines that
such an extension is necessary due to matters beyond the control of
the 88 Plan and notifies you of the circumstances requiring the
extension of time and the date by which the 88 Committee expects to
render a decision. If any extension is necessary, the notice of
extension will specifically explain the standards on which entitlement
to a benefit is based, the unresolved issues that prevent a decision on
the claim, and the additional information needed to resolve those
issues. You will be afforded at least 45 days to provide the specified
information. If the 88 Committee fails to notify you of its decision to
grant or deny such claim within the time specified by this paragraph,
you may deem such claim to have been denied by the 88 Committee
and the review procedure described below will become available to
you.

13

You will have 180 days from the receipt of an adverse benefit
determination to file a written request for review of the initial decision
to the 88 Board.
You will have the opportunity to submit written comments, documents,
and other information in support of the request for review and will
have access to relevant documents, records, and other information in
the administrative record. The 88 Board's review of the adverse
benefit determination will take into account all available information,
regardless of whether that information was presented or available to
the 88 Committee.

88 Plan

The 88 Board will accord no deference to the determination of the 88
Committee. If a claim involves a medical judgment question, the
health care professional who is consulted on review will not be an
individual who was consulted during the initial determination or his
subordinate, if applicable. Upon request, the 88 Board will provide for
the identification of the medical experts whose advice was obtained
on behalf of the 88 Plan in connection with the adverse benefit
determination, without regard to whether the advice was relied upon
in making the benefit determination.
Decisions by the 88 Board on review will be made no later than the
date of the 88 Board meeting that immediately follows the 88 Plan's
receipt of the Player's request for review, unless the request for review
is received by the 88 Plan within 30 days preceding the date of such
meeting. In such case, the 88 Board's decision may be made by no
later than the second meeting following the 88 Plan's receipt of the
request for review. If special circumstances require a further extension
of time for processing, a benefit determination will be rendered not
later than the third meeting of the 88 Board following the 88 Plan's
receipt of the request for review. If such an extension of time is
required, the 88 Board will notify you in writing of the extension,
describing the special circumstances and the date as of which the
benefit determination will be made, prior to the commencement of
the extension.
You will be notified of the results of the review not later than five days
after the determination. Any notification of an adverse benefit
determination on review will:

14

Claims for Reimbursement. If you are an Eligible Player, you or your
personal representative must file an application for reimbursement or
payment of expenses related to Dementia in accordance with the
reasonable claims filing procedures established by the 88 Board and
take such actions as the Benefits Administrator or the 88 Board may
require. The Benefits Administrator or the 88 Board will notify you when
additional information is required. The time periods described below
for decisions of the Benefits Administrator and the 88 Board may be
extended with your consent.
If a claim for benefits is wholly or partially denied, the Benefits
Administrator will give you notice of its adverse benefit determination
within a reasonable time, but not later than 30 days after receipt of
the claim. This determination period may be extended twice by 30
days if, prior to the expiration of the period, the Benefits Administrator
determines that such an extension is necessary due to matters beyond
the control of the 88 Plan and notifies you of the circumstances
requiring the extension of time and the date by which the Benefits
Administrator expects to render a decision. If any extension is
necessary, the notice of extension will specifically explain the
standards on which entitlement to a benefit is based, the unresolved
issues that prevent a decision on the claim, and the additional
information needed to resolve those issues. You will be afforded at

88 Plan

(1) state the specific reason(s) for the determination;
(2) reference specific 88 Plan provision(s) on which the
determination is based;
(3) state that you are entitled to receive, upon request and free
of charge, reasonable access to, and copies of, all
documents, records, and other information relevant to the
claim for benefits;
(4) state that you have the right to bring an action under ERISA
section 502(a);
(5) disclose any internal rule, guidelines, or protocol relied on in
making the determination (or state that such information will
be provided free of charge upon request); and
(6) if the determination was based on a scientific or clinical
exclusion or limit, contain an explanation of the scientific or
clinical judgment for the determination, applying the terms of
the 88 Plan to your circumstances (or state that such
explanation is available free of charge upon request).

15

least 45 days to provide the specified information. If the Benefits
Administrator fails to notify you of its decision to grant or deny such
claim within the time specified by this paragraph, you may deem such
claim to have been denied by the Benefits Administrator and the
review procedure described below will become available to you.
The notice of an adverse benefit determination will be written in a
manner calculated to be understood by you and will set forth the
following:

88 Plan

(1) the specific reason(s) for the determination;
(2) reference to the specific plan provisions on which the
determination is based;
(3) a description of additional material or information, if any,
needed to perfect the claim and the reasons such material or
information is necessary;
(4) a description of the 88 Plan's claims review procedures and
the time limits applicable to such procedures, including a
statement of the Player's right to bring a civil action under
section 502(a) of ERISA following an adverse benefit
determination on review;
(5) any internal rule, guideline, protocol, or other similar criterion
relied on in making the determination (or state that such
information is available free of charge upon request); and
(6) if the determination was based on a scientific or clinical
exclusion or limit, an explanation of the scientific or clinical
judgment for the determination, applying the terms of the 88
Plan to your circumstances (or state that such explanation is
available free of charge upon request).
You will have 180 days from the receipt of an adverse benefit
determination to file a written request for review of the initial decision
to the 88 Board.
You will have the opportunity to submit written comments, documents,
and other information in support of the request for review and will
have access to relevant documents, records, and other information in
the administrative record. The 88 Board's review of the adverse
benefit determination will take into account all available information,
regardless of whether that information was presented or available to
the Benefits Administrator.

16

Decisions by the 88 Board on review will be made no later than the
date of the 88 Board meeting that immediately follows the 88 Plan's
receipt of the Player's request for review, unless the request for review
is received by the 88 Plan within 30 days preceding the date of such
meeting. In such case, the 88 Board's decision may be made by no
later than the second meeting following the 88 Plan's receipt of the
request for review. If special circumstances require a further extension
of time for processing, a benefit determination will be rendered not
later than the third meeting of the 88 Board following the 88 Plan's
receipt of the request for review. If such an extension of time is
required, the 88 Board will notify you in writing of the extension,
describing the special circumstances and the date as of which the
benefit determination will be made, prior to the commencement of
the extension.
You will be notified of the results of the review in writing after the
determination. Any notification of an adverse benefit determination
on review will:
(1) state the specific reason(s) for the determination;
(2) reference specific 88 Plan provision(s) on which the
determination is based;
(3) state that you are entitled to receive, upon request and free
of charge, reasonable access to, and copies of, all
documents, records, and other information relevant to the
claim for benefits;
(4) state that you have the right to bring an action under ERISA
section 502(a);
(5) disclose any internal rule, guidelines, or protocol relied on in
making the determination (or state that such information will
be provided free of charge upon request); and

88 Plan

The 88 Board will accord no deference to the determination of the
Benefits Administrator. If a claim involves a medical judgment
question, the health care professional who is consulted on review will
not be an individual who was consulted during the initial
determination or his subordinate, if applicable. Upon request, the 88
Board will provide for the identification of the medical experts whose
advice was obtained on behalf of the 88 Plan in connection with the
adverse benefit determination, without regard to whether the advice
was relied upon in making the benefit determination.

17

(6) if the determination was based on a scientific or clinical
exclusion or limit, contain an explanation of the scientific or
clinical judgment for the determination, applying the terms of
the 88 Plan to your circumstances (or state that such
explanation is available free of charge upon request).
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 –

88 Plan

• six years after the date of any omission, violation, or breach of
any responsibility, duty, or obligation imposed by the 88 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 88 Plan Participants Are Entitled to:
Receive Information About Your Plan Benefits:
• Examine without charge at the Plan Office all official 88 Plan
documents, including the relevant Collective Bargaining
Agreements, a copy of the latest annual report (Form 5500
Series) filed by the 88 Board with the US Department of Labor,
and a copy of the updated summary plan description. You can
get copies of these 88 Plan documents if you ask in writing. The
Plan Office may charge you a reasonable fee for copies of
these documents, except for the summary plan description.
• Receive a summary of the 88 Plan's annual financial report. The
88 Board is required by law to give you a copy of this Summary
Annual Report every year.

18

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 88 Plan.
The 88 Board members and certain others with responsibility for
managing or operating the 88 Plan, called "fiduciaries" of the 88 Plan,
have a duty to do their job prudently and in your interest and in the
interest of all the other 88 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 an 88 Plan benefit or exercising your rights
under ERISA.
Enforce Your Rights:
If your claim for an 88 Plan benefit from the 88 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 88 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
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 88 Board to
provide the material. In addition, the court may impose a fine of up
to $110 a day on the 88 Board, payable to you, unless you did not get
the materials because of some reason beyond the control of the 88
Board.

88 Plan

• Obtain by written request to the Plan Office a complete list of
employers and employee organizations sponsoring the 88 Plan.
The list also is available for examination at the Plan Office. In
addition, you may obtain by written request to the Plan Office
information as to whether a particular employer or employee
organization is an 88 Plan sponsor and, if so, the sponsor's
address.

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 88 Plan fiduciaries misuse the 88 Plan's money, or
you are discriminated against for asserting your rights, you may seek

19

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.

88 Plan
20

Assistance with Your Questions:
If you have any questions about your 88 Plan, you should contact the
88 Board by writing or calling the Plan 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 20210. 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 88 Plan are not insured by the Pension Benefit
Guaranty Corporation ("PBGC"). PBGC insurance protection is not
available to welfare benefit plans such as this 88 Plan.
Disclaimer
This summary is intended to describe in general terms the essential
features of your 88 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 88 Plan and
Trust will govern.

Appendix
Active Player. You are an Active Player if (1) you are obligated to
perform football-playing services under a contract with a Club, or (ii)
for purposes of qualifying for total and permanent disability benefits,
you are no longer obligated to perform football-playing services under
a contract with a Club, but you are between the period beginning
when your last contract expired or you were terminated for any
reason, and ending on the later of the July 15 following the beginning
of the period or the first day of pre-season training camp.
Benefits Administrator. The Benefits Administrator is the person or
entity appointed by the 88 Board to make the initial determination of
the extent to which an expense incurred by an Eligible Player will be
reimbursed.
Credited Season. Credited Season under the 88 Plan has the same
meaning as that term is defined in Section 1.10 of the Retirement Plan.
As applied to the 88 Plan, a Credited Season is a Plan Year in which a
Player:
(a) is an Active Player (including an injured Player who satisfies the
definition of Active Player) on the date of three or more Games,
not including Game dates when he was on the Future List;
(b) is injured after April 1, 1970 in the course and scope of his
employment for an Employer and by reason of such injury
receives payment equivalent to his salary for three or more
Games or for a number of Games which, when added to the
number of Games in such Plan Year for which he otherwise has
credit, totals three or more;
(c) after reporting to at least one official pre-season training camp or
official practice session during such Plan Year, (1) dies, (2)
becomes totally and permanently disabled under Section 5.1(a)
or Section 5.1(b) of the Retirement Plan, or (3) incurs a disability
that subsequently qualifies for a benefit under Section 6.1 of the
Retirement Plan;
(d) is absent from employment by an Employer while serving in the
Armed Forces of the United States, provided such Player returns
as an Active Player, after first being eligible for discharge from

88 Plan

Definitions

21

88 Plan

military service, by the later of (i) 90 days or any longer period
prescribed by applicable law, or (ii) the opening of the official
pre-season training camp;
(e) effective June 1, 1993, was absent from employment by an
Employer while serving in the Armed Forces of the United States
during the periods set forth in the table below if (1) during the one
year period ending on the date he entered the Armed Forces,
such Player either played professional football for an Employer or
signed a contract (or a similar document) stipulating his intent to
play professional football for an Employer, and (2) such Player was
alive on the date set forth in the table below for the
corresponding period:

For Plan Years:

Such Player Was Alive On:

April 1, 1941 through March 31, 1947

June 6, 1994

April 1, 1950 through March 31, 1955

May 1, 1996

April 1, 1960 through March 31, 1976

January 13, 2000

(f)

Provided that Credited Season under this subsection (e) will be
granted only if and to the extent necessary for such Player to
become a Vested Player; or
effective April 1, 2001, has a season with at least eight games on
the practice squad in a Plan Year (either before or after April 1,
2001) in which he did not otherwise earn a Credited Season,
provided that he is otherwise vested and earns a Credited
Season in 2001 or later. A Player may earn a maximum of one
Credited Season under this subsection (f) regardless of the
number of seasons in which he has at least eight games on the
practice squad.

A Player cannot earn more than one Credited Season during a Plan
Year. A Credited Season is identified by the calendar year in which it
begins.
Dementia. Dementia means dementia as defined in the Diagnostic
and Statistical Manual of Mental Disorders (4th Ed., Text Revision),
excluding (1) Substance-Induced Persisting Dementia, and (2)

22

Dementia Due to Multiple Etiologies where Substance-Induced
Persisting Dementia is the primary cause.
Eligible Player. An Eligible Player is a Vested Player who has been
determined eligible to receive benefits under the 88 Plan, as
described in 88 Plan Section 3.1.

Player. A Player is any person who is or was employed under a
contract by an Employer to play football in the League.
Retirement Plan. The Retirement Plan is the Bert Bell/Pete Rozelle NFL
Player Retirement Plan, or its predecessors, the Bert Bell NFL Player
Retirement Plan and the Pete Rozelle NFL Player Retirement Plan.
Vested Player. A Vested Player is a Player who has vested under the
Retirement Plan due to his Credited Seasons or his total and
permanent disability.

88 Plan

Plan Year. 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.
The first Plan Year is the period from February 1, 2007 to March 31,
2007.

23

NOTES

88 Plan
24

TM