BOO St. Paul Pisce + Suite 2420 + Baltimore, Maryland 21202-2040
~ 41G-G85.6069 + 800.698.2168 + Fax 410.782.0041
REGISTERED/RETURN RECEIPT
April 24, 2008 eee
gg ribO 390) 9845 2543 IzAL
Gee Sala seer ny
Mr. Lawrence Kaminski
Re: Application for Total and Permanent Disability Benefits
Dear Mr. Kaminski
At its April 24, 2008 meeting, the Disability Initial Claims Committee (‘Committes") of the
Bert Beil/Pele Rozelle NFL Player Retirement Plan (‘Plan’) considered your application
for toial and permanent (“T&P") disability benefits. We regret to inform you that, efter
considering the matter, the Committee denied your application. This ‘etter describes the
Committee's decision.
Relevant Plan Provisions
Pursuant fo a recent agreement between the NFL Players Association and the NFL
Management Council, a player who elected to receive retirement benefits prior to age
56 and who is age §5 or older as of April 1, 2008 may qualify for T&P benefits during
the period from April 1, 2008 through July 31, 2008 (‘2008 Window Period"). To qualify,
the player must show that he is currently receiving Social Security disability benefits
because he is unable to work and that the Social Security Administration determined
that he became unabie fo work before his 85" birthday. The agreement also provides
that, under the 2008 Window Period, T&P benefits will be paid as of the first of the
month that is two months prior to the month the application is received, and that the
Plan's normal rules will determine which category of T&P benefits a player may receive.
The Plan's normal provisions for T&P benefits state that a Player is eligible for TAP
benefits if he "is determined by the Retirement Board or the Disability Initial Claims
‘Committee to be totally and permanently disabled." Plan section 5.2 states that “An
‘Active Player or a Vested Inactive Player, other than a Player who has begun receiving
his monthly pension under Ariicle 4, will be deemed to be totally and permanently
disabled if the Retirement Board or the Disability Initial Claims Committee finds thal he
has become totally disabled to the extent that he is substantially prevented from or
substantially unable to engage in any occupation or employment for remuneration or
profit..."
Plan section 5.1 provides that T&P benefits will be awarded in one of four categories:{@) (Active Football). The monthly total and permanent disability benefit will be no
less than $4,000 if the disability(ies) results from League football activities, arises
while the Player is an Active Player, and causes the Player to be totally and
permanently disabled "shortly aftor’ the disability(ies) first arises.
(b) (Active Nonfootball), The monthly total and permanent disability benefit will be
no less than $4,000 if the disability(ies) does not result from League football
activities, but does arise while the Player is an Active Player and does cause the
Player to be totally and permanently disabled “shortly after’ the disability(ies) first
arises.
(Football Degenerative). The monthly total and permanent disability benefit will
be no less than $4,000 if the disability(ies) arises out of League football activities,
and results in total and permanent disability before 15 years after the end of the
Player's last Credited Season.
(4) (inactive). The monthly total end permanent disability benefit will be no fess than
$1,750 {$1,500 in the event that the written application for total and permanent
disability benefits or similar letter that begin the administrative process that
resulted in the award of the total and permanent disability benefit was received
before April 1, 2007) if (1) the total and permanent disability arises from other
than League football activities while the Player is a Vested Inactive Player, or (2)
the disability(ies) arises out of League football activities, and results in total an
permanent disability 15 or more years after the end of the Player's last Credited
Season. The minimum benefits provided under this Section 5.1(d) will be offset
by any disabiiity benefits provided by an employer other that the League or an
Employer, but will not be offset by worker's compensation.
With respect to the Active Football and Active Nonfootball categories, a *Player who
becomes totally and permanentiy disabled no later than six months alter a disability(ies)
first arises will be conclusively deemed to have become totally and permanently
disabled ‘shortly after’ the disabllity(ies) first arises, as thal phrase is used in
subsections (a) and (b) above, and a 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.”
Also under the recent agreement described above, beginning April 1, 2008, the
minimum Inactive T&P disability benefit will generally be $40,000.
Discussion
On April 24, 2008, the Committee noted that you elected to receive your retirement at
age 45 and that you were awarded Social Security disability benafits as ofJanuary 1, 2007, after you reached age 55. Based on the recent agreement between
the NFL Players Association and the NFL Management Council, the Committee
concluded that you are not eligible for T&P benefits under the 2008 Window Period
because you were not found to be unable to work by the Social Security Administration
prior fo your 55" birthday. The Committee also found that you do not qualify for T&P
benefits under the Pian's normal provisions for T&P benefits, since you are receiving
your monthly pension under Article 4 of the Plan.
Attached to this letter is section 11.6(a) of the Plan, which governs your right to appeal
the Committes’s decision. You may appeal the Committee's decision to the Plan's
Retirement Board by filing a written request for review with the Retirement Board al this
office within 180 days of your receipt of this letter. You should also submit written
comments, documents and any other information that you believe shows you qualify for
these benefits. This information should include any and all correspondence from the
Social Security Administration as it relates to your disability benefits, The Retirement
Board will ake into account all available information, regardless of whether that
information was available or presented to the Committee. Please note that if the
Retirement Board reaches an adverse decision on review, you may then bring a cit
action under section 502(a) of the Employee Retirement Income Security Act of 1974,
as amended, 27 U.S.C. §1132(a).
If you have any questions, please contact the Plan Office.
Very tuly yours,
Paul Scott
Benefits Coordinator
prs.
cc: Michele Yaras-Davis
Valerie Cross.
EnclosuresA a
200 Saint za20 more, Maryland 21202-2008
Giosgs.so68 + 00830-9188 + Fax 410-783-0041 NAL PLAYERS
VIA FEDERAL EXPRESS
July 19, 2010
Mr. Larry Kaminski
Re: Total and Permanent Disability Benefits
Dear Mr. Kaminski:
Your June 15, 2010 letter addressed to the NFL. Management Council has been
referred to us for a response.
You request an explanation as to why you did not qualify for total and permanent
disability ("T&P") benefits when you applied in 2008 for those benefits under the Bert
BelliPete Rozelle NFL Player Retirement Plan ("Plan").
‘As explained in the Plan's April 28, 2008 letter, you did not qualify for T&P benefits
under the terms of the 2008 Window Period because you did not meet one of the
threshold rules established for the 2008 Window Period. Specifically, for a Player like
you who was over age during the 2008 Window Period, you had to show that you
received an award of Social Security disability benefits before you reached age 55.
However, you were awarded Social Security disability benefits after you reached age
85. Because you did not meet that requirement, your claim for T&P benefits was
denied. Another copy of the Plan's April 28, 2008 letter is enclosed for your
convenience,
‘We hope that this explanation is helpful to you.
Very truly Foups;
Sarah E. Gaunt
Plan Director ~
GLG:SEG:prs
Enclosure