| "Feel Good" stories are nice to write and hopefully | | | | $30,000 in purses out of a total purse amount in |
| nicer to read. This is not such an article. This is | | | | California during one year of $900,000, your part |
| one that indicts and condemns the boxing | | | | would be 3% of the amount contributed for total |
| establishment, politicians and government officials | | | | purses. In addition, money may be added to your |
| for failing to address in a decisive manner an issue | | | | pension account from forfeiture of pension |
| that has been neglected far too long. | | | | accounts of boxers who fail to become eligible for |
| Too many boxing stories seem to end wrong. | | | | benefits. See "break in service" below. |
| Great fighters who have thrilled us over the | | | | 7. What Happens if I Have a Break in Service? |
| years, whether fighting for a championship belt or | | | | A break in service means that you failed to fight |
| at a local club, face retirement without any kind | | | | at least 10 scheduled rounds in California during |
| of financial assistance or access to medical care. | | | | any 36 months in a row and before you turned |
| Many suffer from depression, alcohol and | | | | 55. |
| substance abuse, rage disorders, homelessness or | | | | If you have a break in service before you are |
| being indigent, bankruptcy (even the great Joe | | | | eligible to receive benefits, then the money in |
| Louis died penniless), and a total lack of financial | | | | your pension account is taken out and divided |
| awareness. Few even know how to engage basic | | | | among the other boxers. This is called a |
| investment vehicles or where to go for help. | | | | "forfeiture". |
| Some suffer from the terrible effects of boxer's | | | | If you have a break in service after you are |
| syndrome (pugilistic dementia). In this connection, | | | | eligible to receive benefits, then your pension |
| Bobby Chacon, about whom I have written in the | | | | account is put on inactive status. This means you |
| past, Willie Pep, Jimmy Ellis, Wilfredo Benitez and | | | | will not continue to share in the division of |
| the late Jimmy Young come to mind. When he | | | | promoter contributions, but money will still be |
| died in June at age 55 in an assisted living center | | | | added to your account from forfeitures, if there |
| in California, Mike Quarry tragically followed his | | | | are any. |
| brother. Jerry, who was 53 when he passed | | | | 8. Can I Give My Benefits to Someone Else? |
| away in January1999 in a hospital in Templeton, | | | | You cannot sell, transfer, pledge or in any way |
| Calif. Among their afflictions, both suffered from | | | | give away your benefits to anyone else before |
| the dreadful pugilistica dementia. Jimmy Lester | | | | they are paid to you. In addition, your benefits |
| just passed away. Some, like Greg Page or Gerald | | | | cannot be taken from the plan by anyone else to |
| McClellan, have been injured in the ring; something | | | | pay for debts, contracts, liabilities or any wrongs |
| that can occur in a split second. For many | | | | you committed. You can, however, choose |
| ex-fighters, a combination of these factors can | | | | someone else to receive your benefits upon your |
| make for a dismal outlook. | | | | death. |
| Of course, there are many stories that end the | | | | 9. How Do I Apply for Benefits? |
| other way....Harry Arroyo, Jerry Cooney, John | | | | You or your beneficiary can ask the commission |
| Scully, Larry Holmes, Dana Rosenblatt , Alex | | | | for information about rights and benefits and the |
| Ramos and Virgil Hill, to name a few and I have | | | | commission will provide you with a reply in writing |
| written about many of them. | | | | within 30 days. |
| That said, my message here is a stinging | | | | You or your beneficiary must file a written claim |
| indictment of the boxing establishment, particularly | | | | for benefits with the commission. The commission |
| those promoters and officials who seem to | | | | must say in writing within 30 days whether the |
| remain unmoved in their single minded quest to | | | | claim is complete. The commission has 60 days |
| make money from the sport without giving back | | | | after receiving a complete claim to make a |
| to those who generated the money in the first | | | | decision in writing and provide it to the claimant. If |
| place. Professional hockey players, baseball | | | | the commission denies your claim for benefits, it |
| players, football players and soccer players, to | | | | must give you the reasons it denied the claim and |
| name just a few, all have great benefit packages | | | | state the specific parts of the plan on which it |
| including pension features. In a word, boxers have | | | | based its denial. The commission must also explain |
| none, and it's been that way too long. But it | | | | how it reviews denied claims. |
| doesn't have to be. | | | | 11. How Do I Ask for Review if a Claim is Denied? |
| How difficult can it be to set up a plan similar to a | | | | If the commission denies a claim for benefits, you |
| 401k scheme in which a small percentage of each | | | | or your beneficiary can ask the commission in |
| purchased ticket (including PPV) is transferred into | | | | writing to review the denial. This request has to |
| a central fund and matched in some equitable | | | | be made within 90 days after you receive the |
| manner by fight promoters? I submit that with | | | | denial. The commission must notify the claimant in |
| the appropriate expertise and financial assistance, | | | | writing that it has received the request for review |
| this would not be difficult at all. But it is not my | | | | and that the person has 30 days to give the |
| purpose here to define the specifics (I.e., eligibility, | | | | commission a written statement and any |
| trustees, pay-out features, annuities, matching's, | | | | documents that he or she feels support the claim. |
| lump sum conversions, etc) of how such a plan | | | | The commission must look at the whole record |
| could be structured (though I believe I could do | | | | and make a decision no later than 30 days after |
| that without too much difficulty). Suffice to say | | | | the person's deadline to give information to the |
| translating the concept to reality is long overdue | | | | commission. If the commission again denies the |
| and each day that boxers go without such | | | | claim, its written decision will give you or your |
| needed assistance is a shameful day for boxing. | | | | beneficiary the same kind of information it gave |
| As Jack Newfield states in his article entitled, "The | | | | you the first time the claim was denied. |
| Shame of Boxing" (posted on the web in October | | | | 12. Who Do I Contact for More Information? |
| 25, 2001, "I have known a lot of fighters and liked | | | | You can obtain more information about this |
| almost all of them. They have no pension, no | | | | pension plan from the California State Athletic |
| union, no health insurance, no voice. For every | | | | Commission. The address and telephone number |
| George Foreman who gets rich, there are 1,000 | | | | is: |
| you never hear of who end up with slurred | | | | 1424 Howe Avenue, Suite 33 |
| speech, failing memory and an empty bank | | | | Sacramento, CA 95825-3217 |
| account." | | | | (916) 263-2195 |
| Sure, there are other extremely important | | | | In an inevitable bureaucratic debacle, a Joint |
| variables that come into play such as the possible | | | | Committee recommended on April 12th, 2005 |
| role of unions (the Teamster affiliated Joint | | | | that the State Athletic Commission should sunset |
| Association of Boxers), the Professional Boxing | | | | (i.e., disband) and its functions and duties be |
| Safety Act of 1996, the Muhammad Ali Boxing | | | | transferred to the Department of Consumer |
| Reform Act, the Professional Boxing | | | | Affairs. There was plenty of warning, but with no |
| Amendments Act of 2003, and, of course, the | | | | Executive Director in place, too many political |
| possibility of a national boxing commission, but | | | | appointees, and the Commission seemingly asleep |
| these should not become red hearings that | | | | at the switch, it failed to heed the warnings. |
| impede the immediate need for a pension plan. On | | | | Perhaps too many of the appointees viewed their |
| the contrary, they should become enablers to | | | | four-year appointments as invitations to hobnob |
| help make it happen. But wait, someone had | | | | with boxing figures and celebrities rather than |
| already thought of about this, although in a way | | | | attend to the business at hand. At any rate, the |
| that needs some major improvements. | | | | Joint Committee determined that the Commission |
| THE CALIFORNIA PLAN | | | | had not dealt with certain financial and personnel |
| The Mission Statement of the former California | | | | issues to an acceptable level and had resisted |
| State Athletic Commission was to make California | | | | recommendations for needed accounting |
| the model state for the welfare of boxers and | | | | improvements. Thus, the California State Athletic |
| other licensees, with worldwide respect from the | | | | Commission (CSAC) has now become the Athletic |
| public and the industry. In line with this it | | | | Commission Program (ACP), with its functions and |
| established a Professional Boxers Pension Plan the | | | | duties transferred to the California Department of |
| concept of which could easily be the model for all | | | | Consumer Affairs. (See ESB article entitled, |
| other states to build on. The plan is as follows: | | | | "California State Athletic Commission turns over |
| SUMMARY PLAN DESCRIPTION | | | | the Governance of Boxing to the DOC," 10.05.05). |
| 1. General Information About the Plan | | | | Without the State Athletic Commission, much of |
| The name of the plan is the Professional Boxers' | | | | the governance that existed was taken away |
| Pension Plan. The entire plan is set out in the | | | | from the people, as the new arrangement |
| California Business and Professions Code ("Code") | | | | deprives boxers, the promoters, fans, and boxing |
| and in Title 4 of the California Code of Regulations | | | | activist from participating in the decision making |
| section 400 through 416 ("Regulations"). This | | | | process. "It takes away our voice and our |
| summary is provided so that one can understand | | | | knowledge of the sport and turns it over to a |
| how the plan works. If there are any conflicts | | | | bunch of government workers," asserts Alex |
| between the plan as written in the Code and | | | | Ramos, President and Founder of the Retired |
| Regulations and the description of the plan in this | | | | Boxers Foundation (RBF). Meantime, there is |
| summary, the Code and Regulations will control. | | | | growing support for a bill championed by Rep. Don |
| The plan was changed in 1996. Now only | | | | Perata, D-Oakland, that would establish a new |
| promoters make contributions to the fund. The | | | | commission with new standards on Jan. 1, 2007. |
| plan was also changed to make job training early | | | | Let's hope so. |
| retirement benefits available to some boxers. The | | | | But California DOES have the aforementioned |
| job training early retirement benefits are | | | | Boxers Pension Plan, and if improved, monitored |
| described in section seven (7). The plan is | | | | and administered properly, it could be the |
| administered by the California State Athletic | | | | conceptual model to place the professional boxer |
| Commission ("commission"). The plan has a public | | | | at the same level as other professional athletes. |
| purpose because it helps eligible boxers have | | | | In fact, if the California Boxers Pension Plan was |
| some benefits when they retire. | | | | initiated in every state, boxers would retire with a |
| 2. Who Contributes to the Plan? | | | | pension they actually might be able to live on. The |
| Before June 17, 1997, the boxer, manager and | | | | Boxers Pension is basically financed by the |
| the promoter each contributed to the pension | | | | fans--$.89 a ticket--and pays the retired boxer $2 |
| fund; now only the promoter does so. The | | | | for each round fought in California. For example, |
| promoter's contribution is based on the number of | | | | the aforementioned Alex Ramos, who often |
| tickets sold and comped per event, up to a | | | | fought in California, is eligible for $154 a month at |
| maximum contribution of $4,600 per show. The | | | | retirement. Clearly not enough to really help, but if |
| law states that a licensed California boxer has to | | | | the same were true of New Jersey and New |
| participate in the pension plan. | | | | York, states in which he also often fought, he |
| 3. Who is Eligible for Benefits? | | | | would have a much better retirement indeed. |
| Any professional boxer who is licensed in and | | | | Along similar lines, an Abstract of Pension Plans |
| fights in California ("boxer") after July 1, 1981 may | | | | for Professional Boxers: A Study Prepared by |
| be eligible to receive benefits. You are eligible to | | | | The Segal Company for the Secretary of Labor |
| receive benefits as a "covered" boxer if you: | | | | as Mandated by Congress (Published in 1998) can |
| (a) fought in 10 scheduled rounds per calendar | | | | be accessed on the web. In brief, this study |
| year during each of four calendar years after July | | | | concluded: |
| 1, 1981 without an intervening break in service; | | | | "...... that the individual - rather than team-oriented - |
| and | | | | nature of the sport, its socioeconomic climate and |
| (B) fought in 75 scheduled rounds after July 1, | | | | existing federal laws have operated to inhibit the |
| 1981 without a break in service. | | | | development of a comprehensive pension plan for |
| If you fought in at least 20 scheduled rounds | | | | professional boxers. The study recommends the |
| between July 1, 1981 and June 30, 1984, you will | | | | establishment of four separate but |
| also receive credit for rounds you fought | | | | complementary plans to provide pensions for |
| between June 30, 1978 and July 1, 1981. | | | | active and now-retired boxers: |
| A "break in service" means that you did not fight | | | | 1. A charitable trust designed to help the neediest |
| at least 10 scheduled rounds in California during | | | | boxers immediately. |
| any 36 months in a row after July 1, 1981 and | | | | 2. A defined contribution plan funded by a |
| before you turned 55 years old. | | | | percentage of each boxer's purse from each |
| If you are eligible for benefits and you die before | | | | qualifying bout, potentially combined with |
| age 55, the benefits can be paid to a person you | | | | promoter-paid matching contributions and additional |
| choose (the "beneficiary"). If you have not chosen | | | | voluntary contributions by the boxer. |
| anyone, then the commission will choose the | | | | 3. A defined benefit plan covering all present and |
| person who will receive your benefits, in the order | | | | former boxers who meet preset minimum |
| named in the California Probate Code. The | | | | participation requirements. This type of plan would |
| commission's choice is final. | | | | guarantee a minimum benefit amount even for |
| 4. When Can I Get Benefits? | | | | boxers who never had a realistic opportunity to |
| A boxer who has vested can receive benefits | | | | plan for their retirement. |
| when he or she: | | | | 4. A disability income/survivors' benefit program |
| Reaches the age of 55; | | | | to fill in gaps left by the first three plans. |
| Becomes medically retired or suffers an injury | | | | .......because pensions for boxers are now virtually |
| provable by a physician after the age of 36; | | | | nonexistent, congressional action or collective |
| Reaches the age of 36, becomes retired from | | | | bargaining will likely be necessary to bring a |
| boxing and requests a vocational education benefit | | | | comprehensive program into existence." |
| that would be paid directly to the school; or | | | | THE CHALLENGE |
| Dies before the age of 55, with benefits to be | | | | So much for studies or what can be accessed on |
| paid to your beneficiary. | | | | the Internet or what can be found through simple |
| 5. What Benefits Are Available? | | | | research. So much for politics and bureaucratic |
| The commission decides how it will pay benefits | | | | obstacles. Let's focus on providing a dignified |
| to you. The commission will usually buy an | | | | retirement for those who thrilled us by risking so |
| insurance contract that pays money to you in | | | | much. Think what a breakthrough it would be If |
| equal amounts over a period of years. There will | | | | every state embraced the kind of program |
| be at least one payment per year. | | | | California adopted. How difficult can that be? |
| Options | | | | What's standing in the way? Is anyone out there |
| You can ask the commission in writing to pay you | | | | hearing this? How difficult would it be to research |
| in a different way. You must give the commission | | | | what California has done and then build on it? That |
| good reasons for changing the way it pays | | | | other states have not followed suit, at least |
| benefits. Good reasons include that you are dying | | | | conceptually, is egregious, if not disgraceful. That |
| or retired because of a disability. You can ask to | | | | his fellow senators have not embraced John |
| be paid in one of the following ways: | | | | McCain's efforts is disgraceful. |
| A. A single payment in cash. | | | | If governmental action or collective bargaining |
| B. Equal cash payments every three months, or a | | | | seem necessary to bring a comprehensive |
| specific percent of your pension account to be | | | | program into existence, then the focus manifestly |
| paid over no more than five (5) years. | | | | should be on Congressional action and the |
| C. Job training early retirement benefits. If you | | | | formation of a national boxing commission...as I |
| are at least 36 years old and retired from boxing, | | | | see little progress being made by the fledgling |
| you can ask the commission to have all or part of | | | | union known as the Joint Association of Boxers |
| your pension benefit paid for school or job training | | | | (JAB), an apparent subordinate body of the |
| to help you prepare for a different career. If the | | | | International Brotherhood of the Teamsters. |
| commission approves your request, it will pay the | | | | Recognizing that to establish a national commission |
| money directly to the school that you attend. The | | | | is easier said then done, I suspect there are |
| school has to show the commission that you are | | | | plenty of people out there with the qualifications |
| actually going to class. | | | | to sit on such a commission, people like Teddy |
| 6. What Goes into My Account? | | | | Atlas, Dr. Flip Homansky and former fighter Dave |
| Money contributed by you, managers and | | | | Tiberi. Atlas and Senator John McCain are strong |
| promoters before June 17, 1997, as well as by | | | | advocates, and McCain might just be able to pull it |
| promoters after June 17, 1997 goes into your | | | | off. If so, it will be the fighters who win. |
| pension account. The amount placed in your | | | | In the meantime, people like Alex Ramos and |
| pension account depends upon the number of | | | | Jacquie Richardson (the Executive Director of the |
| rounds you fought and the amount of purses paid | | | | Retired Boxers Foundation) and Gerry Cooney, |
| to you. One-half of the money contributed by | | | | who started the F.I.S.T. Foundation (Fighter's |
| promoters is divided among boxers based on the | | | | Initiative for Support and Transition) are filling |
| number of scheduled rounds fought in California | | | | some important gaps for needy retired fighters |
| by each boxer as a percent of the total number | | | | Let's just get it on! |
| of scheduled rounds fought by all boxers in | | | | "All of the sports have a safety net, but boxing is |
| California during a year. The other half is divided | | | | the only sport that has none. So when the fighter |
| based upon the amount of purses received by | | | | is through, he is through. While he was fighting his |
| boxers for fights in California during a year. | | | | management was very excited for him, but now |
| For example, if you fought 20 of the total 2,000 | | | | that he is done, that management team is moving |
| rounds of scheduled boxing fought in California | | | | on.......by the time you're 30 years old, you can be |
| during one year, your part is 1% of the amount | | | | on a nowhere street, if you're not careful. |
| contributed for total rounds. If you were paid | | | | |