Former NFL Players: Disabilities, Benefits, and Related Issues
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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