“Dollar-for-Dollar” Credits or Offsets. No Club shall be entitled to claim or receive any dollar-for-dollar credit or offset, other than as provided for in Article 45, Section 11 of this Agreement, for salary, benefits, or other compensation paid or payable to a player against any award or settlement of workers’ compensation benefits, either pursuant to Paragraph 10 of the NFL Player Contract or any provision of state law.

“Time” Credits or Offsets. All Clubs are instead entitled only to a “time” credit or offset under Paragraph 10 of the NFL Player Contract or state law, as set forth more specifically in Subsections (A)–(E) below. This “time” credit or offset shall in all cases be expressed or granted as a reduction in the number of weeks of a player’s workers’ compensation award or settlement that is attributable to the same period of weeks in which the player is deemed entitled to salary payments described in this Section. The credit or offset shall be at the weekly rate specified under the state workers’ compensation law in question. The parties agree that, in calculating the “time” credit or offset as set forth more particularly herein, the Club is entitled to a reduction of 1.5 weeks of a player’s workers’ compensation award or settlement for each week during the regular season for which a player is awarded or executes a settlement agreement for workers’ compensation benefits and for the same period of weeks is paid his full Paragraph 5 Salary. For the avoidance of doubt, nothing in this Article 41 is intended to expand, reduce, or otherwise limit the Time Credits or Offsets available to the Clubs under prior agreements, regardless of any changes to the number of weeks in the regular season or to the intervals and frequency of payments made to players pursuant to Paragraphs 5 or 6 of the NFL Player Contract.

In the case of salary payments pursuant to Paragraph 5 or 9 of the NFL Player Contract, the Club shall be entitled to a reduction of 1.5 weeks of a player’s workers’ compensation award or settlement for each week during the regular season in which the player is physically unable to perform his services under his contract due to an injury he suffers while performing services during that contract year, to a maximum of 25 weeks, provided that the player receives his full salary as set forth in Paragraph 5 of his contract for the period in question. For example, if a player receives 3 weeks of Paragraph 5 Salary subsequent to an injury that rendered him unable to perform for three games (regardless of whether the payments were made on a weekly or bi-weekly basis), the Club will be entitled to a reduction of 4.5 (= 3 × 1.5) weeks of the player’s workers’ compensation award or settlement. As another example, if a player receives 17 weeks of Paragraph 5 Salary subsequent to an injury that rendered him unable to perform all 16 games of the regular season (regardless of whether the payments were made on a weekly or bi-weekly basis), the Club will be entitled to a reduction of 25 (= 17 × 1.5) weeks of the player’s workers’ compensation award or settlement.

In the event that an Injury Grievance, injury guarantee, or other arbitrable claim where workers’ compensation offsets or credits is at issue and within the jurisdiction of the arbitrator, is settled between the player and the Club, or in the event that a Club and player execute an injury-related settlement agreement, the Club shall be entitled to a reduction of 1.5 weeks of a player’s workers’ compensation award or settlement for each week that the player is deemed entitled to receive his full Paragraph 5 Salary pursuant to the settlement, to a maximum of 25 weeks. The Club and player shall be required to specify in the written settlement agreement the number of weeks for which the player is receiving his full Paragraph 5 Salary under the settlement so that the appropriate number of weeks of the player’s workers’ compensation award or settlement can be reduced. For example, if a player and a Club settle an Injury Grievance or injury guarantee claim for a specified period of 3 weeks, the Club will be entitled to a reduction of 4.5 (= 3 × 1.5) weeks of the player’s workers’ compensation award or settlement.

In the event that an arbitrator awards Paragraph 5 Salary in an Injury Grievance, injury guarantee, or other arbitrable claim where workers’ compensation offsets or credits is at issue and within the jurisdiction of the arbitrator, for the same period of weeks for which a player has already been awarded workers’ compensation benefits or received a workers’ compensation settlement, the Club shall be entitled to a reduction of 1.5 weeks of the player’s workers’ compensation award or settlement for each week the player is deemed entitled to receive his full Paragraph 5 Salary pursuant to the arbitrator’s award. For example, if an arbitrator awards a player 3 weeks of Paragraph 5 Salary pursuant to an Injury Grievance award and the player has already been awarded workers’ compensation benefits or received a workers’ compensation settlement for that same period, the arbitrator shall reduce the award by an amount equal to 4.5 (= 3 × 1.5) weeks of workers’ compensation benefits.

Clubs are not entitled to any credit or offset under this Article against any workers’ compensation benefits attributable to the period of time after the last League Year for which the player is entitled to receive salary payments from the Club, even if the player’s entitlement to such payments is not determined until after the League Year in question. No payment of any of the following may be used by a Club as a basis for claiming any workers’ compensation credit or offset under this Article:

signing bonus;

option bonus;

roster bonus;

incentive bonus;

Performance-based pay earned prior to the date of injury (unless, for any period of time in which a Club would otherwise be entitled to a credit or offset pursuant to this Section, the player’s weekly salary would be less than the amount of weekly workers’ compensation benefits payable under state law, in which case the performance-based pay could be added by the Club to the player’s Paragraph 5 Salary for those weeks in which the Club would be entitled to a credit or offset under this Section);

Deferred compensation (except where the deferred compensation is salary attributable to the weeks for which the player has been awarded or has executed a settlement agreement for workers’ compensation benefits as described in this Section in which case the Club is permitted a credit or offset in the same manner as if the salary was not deferred and instead was paid during the League Year in which the player was physically unable to perform his services under his NFL Player Contract due to an injury he suffered while performing services during that contract year);

Severance pay; or

Any other form of compensation other than Paragraph 5 Salary under the NFL Player Contract.

Total and Permanent, Line of Duty and Degenerative Disability Benefits paid pursuant to the Bert Bell/Pete Rozelle NFL Player Retirement Plans and/or related documents are not subject to any credit or offset for workers’ compensation benefits, whether or not those benefits are payable during the same period in which the disability payments are payable. Clubs are not entitled to any credit or offset under this Article for any workers’ compensation benefits payable to any player against any payments made to any player under the Bert Bell/Pete Rozelle NFL Player Retirement Plans and/or related documents; provided, however, that the receipt of such disability payments by the player shall not affect the Club’s right to claim or receive any offsets or credits set forth elsewhere in this Article.

Remedies. If, despite the terms of this Article, a state court or other competent authority nevertheless renders a decision or other determination with an outcome inconsistent with the terms of this Section 4, then the player shall have a right to immediate payment from the Club for the amount of any difference between such outcome and the outcome specified in Subsections (i)–(ii) above. A player may initiate a claim under this Section by filing a written notice by certified mail, fax, or electronically via .pdf with the Management Council and furnishing a copy to the Club involved. The claim shall set forth the name of the matter and jurisdiction in which the improper award was made, the amount of payment requested and the basis for the calculation. The claim must be initiated within 45 days of either the date of execution of this Agreement or the date of any adverse order (whichever is later); provided, however, that in the event the player files an appeal of any adverse order, the time for the player to notify the Club will begin to run from the date the appeal is decided.

Time-Offset Fund. The NFL shall establish a fund which shall bear the cost of additional benefits or associated insurance and related costs (exclusive of professional fees, administrative overhead, penalties or similar costs) incurred by any Club that is unable to obtain a dollar-for-dollar credit or offset for salary, benefits, or other compensation paid or payable to a player against any award or settlement of workers’ compensation benefits as a direct result of this Section 4 and/or NFL Arbitration precedent interpreting Paragraph 10 of the NFL Player Contract. For the avoidance of any doubt, the Clubs that were eligible to receive reimbursement under the prior agreements shall remain eligible under this Agreement. The parties shall use their best efforts to ensure that all parties involved including the Clubs and their insurance carriers will implement this Subsection (iv) in such a manner as to minimize the costs and expenses associated with this fund.

Disputes. Any dispute concerning the operation of Section 4 and/or any payments to a player under Subsection (iii) will be determined under the grievance procedure of Article 43.