Article 4 BENEFITS
4.1 Player Benefits.
Except as set forth below, effective with the 1995-1996 NBA Season, and continuing for the term of this Agreement, the NBA shall provide the following benefits to NBA players and, in the case of Sections (a) and (f) below, former NBA players:
- Subject to the provisions of Section (a)(3) below, League-wide pension benefits in accordance with the terms of the National Basketball Association Players’ Pension Plan, as restated effective February 2, 1989 (the “Plan”). Beginning with the 1996-97 Season, the Plan will, subject to the approval of the Internal Revenue Service, be amended to provide for the following changes which shall be effective only throughout the period of this Agreement:
- The “Normal Retirement Pension” payable to a player under the Plan shall be increased to the maximum monthly amount permitted by the applicable benefit limitations under the Internal Revenue Code to be paid to the player at his “Normal Retirement Date” under the Plan (the “Maximum Monthly Benefit”). For purposes of the preceding sentence, the applicable benefit limitations shall be the limitations in effect for the year in which this Agreement is executed. Notwithstanding the foregoing:
- The benefits payable under the Plan shall at all times be subject to the limitations on benefits under the Internal Revenue Code, as amended (the “Code”).
- If all or any portion of the actuarially determined contributions to be made to the Plan will not be fully deductible under the Code when paid, the Maximum Monthly Benefit shall not exceed the amount which would result in all of such contributions being fully deductible when paid. The parties agree that the determinations described in the preceding sentence, including any actuarial assumptions and projections related thereto, shall be made by the current actuaries of the Plan and any such determinations shall be binding and conclusive.
- Except as otherwise provided herein, the Maximum Monthly Benefit shall, effective as of the beginning of a Plan Year of the Plan, be adjusted for increases in the cost of living in the same manner as the cost of living adjustment for the dollar limitation under section 415(b)(I)(A) of the Code. In no event, however, shall the adjusted Maximum Monthly Benefit for a Plan Year exceed an amount that would require the actuarially determined contributions to be made to the Plan to fund for such adjusted Benefit for the Plan Year to exceed the actuarially determined contributions made to the Plan to fund for the Maximum Monthly Benefit in effect for the immediately preceding Plan Year by more than five (5) percent. The parties agree that the determinations described in the preceding sentence, including any actuarial assumptions and projections related thereto, shall be made by the current actuaries of the Plan and any such determinations shall be binding and conclusive.
- The applicable provisions of this Section I(a) shall apply only to those players who had not yet begun to receive a benefit under the Plan as of July I, 1996 and to those players who were receiving monthly benefits under the Plan as of September I, 1996; provided, however, that in the case of those players who were receiving monthly benefits under the Plan as of September I, 1996, this section I(a) shall apply only with respect to benefit payments to be made on or after September 1, 1996 and shall not require the recalculation of benefit payments made prior to such date.
- The actuarial reduction for the “Qualified Joint and Survivor Annuity” (as defined under section 1.29 of the Plan) for married players and their spouses currently provided under section 3.10 of the Plan shall be eliminated. The preceding sentence shall apply only with respect to benefit payments commencing on or after September 1, 1996 in the form of a Qualified Joint and Survivor Annuity and, in the case of a player receiving monthly benefit payments under the Plan as of September 1, 1996, only if such benefit payments are currently being made in the form of a Qualified Joint and Survivor Annuity.
- The “Normal Retirement Benefit” payable to a Pre-1965 Player under Article XX of the Plan shall be increased to $200 per month for each “Year of Pre-1965 Credited Service”; provided, however, that the benefits payable under the Plan to Pre-1965 Players shall at all times be subject to the limitations on benefits under the Code. The benefit to be paid in accordance with the preceding sentence shall apply only with respect to benefit payments to be made on or after September 1, 1996 and shall not require the recalculation of benefit payments made prior to such date.
- The “Normal Retirement Pension” payable to a player under the Plan shall be increased to the maximum monthly amount permitted by the applicable benefit limitations under the Internal Revenue Code to be paid to the player at his “Normal Retirement Date” under the Plan (the “Maximum Monthly Benefit”). For purposes of the preceding sentence, the applicable benefit limitations shall be the limitations in effect for the year in which this Agreement is executed. Notwithstanding the foregoing:
- Notwithstanding anything else in this Agreement: (i) if any change or amendment made to the Code, or the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), or to any regulations (whether final, temporary or proposed regulations) or rulings issued thereunder; or (ii) if any interpretation, application or enforcement (or any proposed interpretation, application or enforcement), by a court of competent jurisdiction in the United States or by the Internal Revenue Service, of the Code, ERISA, or any regulations or rulings issued thereunder; or (iii) if any regulations (whether final, temporary or proposed regulations) or rulings issued by the Internal Revenue Service under the Code or ERISA; or (iv) if any provisions of this Agreement, including any of the amendments or benefit increases to be provided under the Plan pursuant to this Section, would result in the Plan no longer being a tax-qualified Plan under section 401(a) of the Code, or would require NBA Teams to incur costs over and above any costs required to be incurred to implement the provisions of this Agreement or any prior collective bargaining agreement in order for the Plan to maintain its tax-qualified status under section 401(a) of the Code (provided, however, that such additional costs are incurred solely in connection with the provision of pension benefits to their non-player employees or to non-player employees of affiliates (within the meaning of sections 414(b), (c) or (m) of the Code) of such Teams), then any obligation to maintain and/or make contributions to the Plan pursuant to this Agreement or pursuant to any prior collective bargaining agreement shall terminate; provided, however, that any such termination shall not impair the legally binding effect of any other provision of this Agreement or any prior collective bargaining agreement, nor shall it create any right (x) to unilaterally implement during the term of this Agreement any terms concerning the provisions of pension benefits to the players, (y) to lockout, or (z) to strike. In the event of such termination, the NBA Teams shall provide alternative benefits to the players, at an annual cost (as determined on an after-tax basis) to NBA Teams equal to the annual cost that such Teams would have incurred under the Plan commencing on the date of termination. The NBA and the Players Association shall agree upon the type(s) of alternative benefits to be provided.
- Players employed by Toronto and Vancouver (“Canadian players”) shall receive pension benefits of comparable value by means of the Plan and separate pension plans to be established and maintained by Toronto and Vancouver (“Separate Plans”); provided, however, that (i) if the provision of pension benefits under the Plan to the Canadian players would, at any time, result in the Plan being subject to Canadian Provincial Pension Legislation and/or Canadian Federal Tax Laws (to the extent that the application of such tax laws would result in adverse tax consequences to the Plan, the NBA Members and/or the Canadian players), and/or (ii) if the Separate Plans would not, upon their establishment or at any future time, either satisfy U.S. tax qualification requirements or be able to be registered under Canadian Provincial Pension Legislation and/or Canadian Federal Tax Laws, then any obligation to establish, maintain and/or make contributions to both the Plan with respect to Canadian players and the Separate Plans pursuant to this Agreement or pursuant to any prior collective bargaining agreement shall terminate. In the event of such termination, Toronto and Vancouver shall provide alternative benefits to the Canadian players at an annual cost (as determined on an after-tax basis) to Toronto and Vancouver equal to the annual cost that Toronto and Vancouver would have incurred under the Plan and the Separate Plans commencing on the date of termination. The NBA and the Players Association shall agree upon the type(s) of alternative benefits to be provided.
- Subject to the provisions of Section (a)(3) below, League-wide pension benefits in accordance with the terms of the National Basketball Association Players’ Pension Plan, as restated effective February 2, 1989 (the “Plan”). Beginning with the 1996-97 Season, the Plan will, subject to the approval of the Internal Revenue Service, be amended to provide for the following changes which shall be effective only throughout the period of this Agreement:
Life insurance and accidental death and dismemberment benefits, as set forth in the Prudential Insurance Company Policy No. GRP31300 GEN AS5-102 (the “Prudential Policy”) (which benefits were in effect for the 1995-96 Season).
Disability insurance benefits, as set forth in the Boston Mutual Life Insurance Co., Policy No. G-LTD-12381 (which benefits were in effect for the 1995-96 Season).
Workers’ compensation benefits, in accordance with applicable statutes.
Medical and Dental insurance benefits for the 1995-96 Season, in accordance with the terms of the Prudential Policy. Beginning with the 1996-97 Season and continuing for the term of this Agreement, the benefits provided under such policy shall be modified only to the following extent:
- Subject to deductibles, the Prudential Policy shall cover 80% of the first $5,000, and 100% thereafter, of qualifying expenses (as defined in the Prudential Policy) for each player and his eligible dependents in each year; provided, however, that the maximum co-insurance obligation per family per year shall not exceed $3,000.
- Each player shall pay an annual deductible of $300 for himself and each family member; provided, however, that no further deductible obligation shall be required for any family member in any plan year in which a deductible of $300 has been paid for each of three family members.
League-wide severance in the amount of up to $775,000 for the 1995-96 Season and $600,000 for each of the 1996-97 and 1997-98 Seasons, it being agreed and understood by the parties that the distribution and amounts of severance payments to individual players (or former players) shall remain the responsibility of the Players Association and that, regardless of the bases upon which the Players Association elects to make such distributions, the NBA’s liability for severance shall not exceed the amounts set forth in this paragraph.
Funding for the activities of the Joint Labor Management Committee in the amount of $1.2 million for the 1995-96 Season and $1.5 million for the 1996-97 Season.
Funding for an HIV/ AIDS education program through the 1998-99 season in accordance with the terms of the agreement between Mosaic Health Inc. and the National Basketball Players Association dated November 7, 1995 (the “Mosaic Agreement”). For the 1999-2000 and 2000-01 Seasons, the parties shall agree upon a continued or new education program(s) for players, to be funded in the 1999-2000 and 2000-01 Seasons in aggregate amounts equal to 105% and 110%, respectively, of the average of the amounts paid under the Mosaic Agreement for the 1996-97 through 1998-99 seasons.
Funding for the annual Players Association High School Basketball Camp (or any substitute program mutually agreed upon by the parties) in the amount of $175,000 for the 1995-96 Season, increasing by 10% per year thereafter.
Player Playoff Pool amounts, as follows:
1995-96 Season $7.0 million 1996-97 Season $7.0 million 1997-98 Season $7.0 million 1998-99 Season $7.5 million 1999-2000 Season $7.5 million 2000-2001 Season $7.5 million If the NBA increases the number of Teams participating in the playoffs, the Player Playoff Pool shall be increased by $437,500 for each Team added with respect to the 1995-96 through 1997-98 Seasons and by $468,750 for each Team added with respect to the 1998-99 through 2000-01 Seasons. The NBA will consult with the Players Association with respect to the method of allocation of the Player Playoff Pool.
The employer’s portion of payroll taxes; and
The Players Association’s one-half share of the payment of fees and expenses to the Accountants in connection with any audit conducted under this Agreement.
4.2 Projected Benefits.
- For purposes of computing the Salary Cap and Minimum Team Salary in accordance with Article VII, “Projected Benefits” shall mean the projected amounts to be paid or accrued by the NBA or the Teams, other than the Expansion Teams during their first two Seasons, for the upcoming Season with respect to the Benefits to be provided for such Season. In the event that the amount of any benefit for the upcoming Season is not reasonably calculable, then, for purposes of computing Projected Benefits, such amount shall be projected to be 108% of the amount expended for the same benefit for the prior Season.
- The determination of Projected Benefits shall be made by mutual agreement of the parties no later than August 1 preceding each Season of this Agreement, beginning with the 1996-97 Season. In the event that the parties are unable to agree upon Projected Benefits by such date, the determination shall be made by the Accountants, whose decision will be final and unappealable.
4.3 Insurance Carriers.
At any time during the term of this Agreement, the NBA may change the carrier of any of the foregoing insurance programs, subject to the Players Association’s prior written approval, which approval shall not be unreasonably withheld. In no event shall any change in insurance carrier result in a change in the types or levels of any of the Benefits provided for above.