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April 25, 2017
Patrick W. Spangler
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+1 312 609 7797
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VIA UPS

Bert Bell/Pete Rozelle NFL Player Retirement Plan

Attn: Retirement Board
200 St. Paul St., Suite 2420
Baltimore, MD 21202

Re: Gerald Sullivan, Social Security No. 319-48-****- CLAIM FOR BENEFITS

To whom it may concern:

On behalf of retiree Gerald Sullivan (Mr. Sullivan), we submit this claim for benefits to the Bert Bell/Pete
Rozelle NFL Player Retirement Plan (the Plan). Mr. Sullivan is a current participant receiving pension
benefits. He was initially approved for disability benefits on January 31, 2005, at which point he was 53
years old; this benefit was retroactively applied, effective November 1, 2002. On January 15, 2007, Mr.
Sullivan turned 55; Mr. Sullivan selected the ten year certain option pursuant to a QDRO for his
conversion to pension benefits, which at that time included only his Benefit Credit Pension. See (2017
SPD, p. 7).

On December 8, 2011, the Plan informed Mr. Sullivan of the Legacy Benefit available as part of the 2012
Collective Bargaining Agreement. The Plan confirmed to Mr. Sullivan that he was eligible for the Legacy
Benefit and he returned an updated information form on December 14, 2011. (Ex. A). On December 4,
2012, Mr. Sullivan received further communications from the NFL Player Benefits Office stating that his
monthly payments would not change if he elected the Legacy Benefit, as his disability benefit was higher
than his Benefit Credits and his Legacy Credits combined, and the Plan provides for the participant to
receive the higher amount. Accordingly, Mr. Sullivan never elected the Legacy Benefit.

According to the Plan, Mr. Sullivan was not required to elect to receive his Legacy Benefit simply
because he was already receiving his Benefit Credit Pension. (SPD, p. 10). Indeed, the SPD states that
the Legacy Benefit will not begin until the participant has completed and submitted [an] application to
the NFL Player Benefits Office, (SPD, p. 10), which can be deferred until age 65. (Plan, Art. 4A.3).

We have communicated with Nicole Idowu and LaShay Rose on several occasions, the most recent of
which was February 24, 2017. Ms. Rose confirmed that Mr. Sullivan had not elected his Legacy Benefit
and was not eligible to receive a Legacy Benefit, either in the past or now because his disability benefit is
higher. Ms. Rose also stated that Mr. Sullivan could not elect a survivor benefit for his Legacy Benefit at
the time he turned age 65 because he was not eligible for the Legacy Benefit. We requested the entire
benefit file for Mr. Sullivan, which we recently received. There is no indication that Mr. Sullivan had
previously elected his Legacy Benefit in 2011, which is consistent with our communications with the NFL
Player Benefits Office. However, Mr. Sullivan remained eligible and should have been allowed to elect a
form of benefit when he turned 65, at which point he was married to his current spouse.

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Although we understand that Mr. Sullivan is not eligible to receive additional pension benefits at this time
by electing the Legacy Benefit (because his disability benefit is greater), he would like to make an
election for his Legacy Benefit at this time which he is being precluded from doing in conflict with the
Plan.

When questioned about this office, the NFL Player Benefits office stated that Mr. Sullivan had not elected
his Legacy Benefit and maintained he is ineligible to do so. We do not believe that is a proper reading of
the Plan. Mr. Sullivan never elected his Legacy Benefit and was not required to do so at the time he
became eligible, whether or not his disability benefit exceeded his Total Benefit Credits. The Plan and
the SPD clearly state that he is able to defer his Legacy Benefit until age 65 and he should have been
allowed to do so and make an election of that time. (Plan, Art. 4A.3). However, he was precluded from
doing so when he turned 65 and told he was not eligible for his Legacy Benefit. It is also worth noting
that the benefit election made for his Benefit Credit Pension was the ten-year certain, which is a form of
benefit not available for the Legacy Benefit.

Mr. Sullivan understands that he will not receive any additional money per month on the basis of electing
his Legacy Benefit (at current disability and benefit levels). However, the Plans coordination of benefits
provisions are separate from its eligibility provisions regarding the Legacy Benefit. Mr. Sullivan would
still like to make his election for the Legacy Benefit because he is now married and age 65, and can elect
a survivor benefit for his wife. For example, he would be interested in a Qualified Optional Joint and
Survivor Annuity that would allow his wife to receive the Legacy Benefit after his death even if it does not
increase his benefit during his lifetime. Mr. Sullivan is in extremely poor health and, therefore, this is a
pressing issue.

We see nothing in the Plan, the Summary Plan Description, or other available documentation that would
prevent Mr. Sullivan from making such an election for the Legacy Benefit, regardless of the election
made for his Pension Benefit. Accordingly, pursuant to Section 502(a)(1)(B) of ERISA, we hereby make
this claim for benefits seeking: a) a benefit in the form of allowing Mr. Sullivan to elect a form of benefit
for his Legacy Benefit; b) to enforce Mr. Sullivans rights under the terms of the Plan; and/or c) to clarify
Mr. Sullivans rights to elect survivor benefits under the Legacy Benefit. We ask the Plan to respond to
this claim for benefits in writing specifically identifying the basis for any denial of the relief requested
herein or granting Mr. Sullivans request to make a benefit election related to his Legacy Benefit.

If you need any further information, please let me know.

Thank you.

Very truly yours,

Patrick W. Spangler

PWS/jbc
cc: Liz Nicholson (via email)

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