This is a scandal worse than the Donald Sterling one in so many ways. This is a tragedy with players dying penniless, while the NBA ignores their plight. Denied the very basic rights their NBA brethren receives, denied even a portion of it. While granting far better rights to players with far less of an impact. Is it greed or racial bias, I will present the facts and let you decide. At the end of the list are links to the supporting documents and history.

FACTS:

1. In 1976, the NBA and the ABA merged. A merger, which a simple definition is “a merger is an agreement that unites two existing companies into one new company”. This was not an acquisition but a merger. 
2. Several lawsuits were filed against the NBA, both before and after the merger, in effect accusing the NBA of trying to effect a monopoly by driving the competitive ABA out of business. CLICK HERE FOR DETAILS ON THE LEGAL BATTLE

3. ABA players, the public, and the sports media were being told and otherwise believed that all ABA players were being integrated into the NBA pension plan. As it turns out, this could not be further from the truth.

4. On July 29, 1976, the ABAPA entered into the Settlement Agreement with the NBA (on behalf of itself and its members), the ABA (on behalf of itself and its members), and the Spurs, Nets, Nuggets, and Pacers. The Settlement Agreement provided numerous benefits to the individuals that played professional basketball in the ABA, including a pension fund equivalent to that provided to NBA players. In the 1976 Stipulation and Settlement Agreement, the Spurs, Nets, Nuggets, and Pacers promised to provide the former ABA players the same pension rights and privileges equivalent to that provided to NBA players.

5. As understood from the terms of the Settlement Agreement, the former ABA players would receive the benefits of a Pension Fund that would be equivalent to the NBA Pension Fund in all regards. The United States District Court sitting in the Southern District of New York (Manhattan) approved the Settlement Agreement, and in doing so, provided that the Settlement Agreement ensured “pension rights and privileges for ABA players equivalent to that provided NBA players.” The Settlement Agreement required the pension payable from the Pension Fund for the ABA players to include the same benefits and privileges that were provided to NBA players, pursuant to the NBA’s Collective Bargaining Agreement. The NBA’s CBA was to govern the ABA Pension Fund. The purpose of using the NBA’s CBA was to provide equality between the ABA players and NBA players. The purpose of the Settlement Agreement was to resolve an antitrust lawsuit brought on behalf of the ABA Players Association, against the NBA, NBA Teams, Spurs, Nets, Nuggets, Pacers, and the ABA. Consequently, the promises made as part of the Settlement Agreement, specifically the promise of equality, compelled the ABAPA to settle its antitrust lawsuit. The Settlement Agreement allowed the Spurs, Nets, Nuggets, and Pacers to join the NBA, and the NBA and its member teams to reap numerous and substantial benefits from the ABA, including the talents of the many ABA players that played in the NBA after the “merger” between the leagues (as referred to by the NBA’s website; see  ttp://www.NBA.com). The Spurs, Nets, Nuggets, and Pacers also directly paid the NBA a $3.2 million entry fee as a condition of the settlement. The ABA players were not integrated, they were discarded. Their promised pension integration never occurred, they received no payments, and in fact, promised payments in player contracts were never made. The “merger” was anything but a “merger” for the vast majority of ABA players. It amounted to an unceremonious pink slip without a pat on the backside.

6. They used the ABA’s innovations to COMPLETELY TRANSFORM the staid and dying NBA league into the modern BILLION DOLLAR JUGGERNAUT which it is today. Innovations such as:
   • The exciting three point shot!
   • The wide open, slam dunk style of play
   • All-star weekend including;
     • the Slam Dunk competition
     • the Three-Point Shootout
7. The pre-1965 NBA players who are similarly situated, and who were also previously left without a pension (without the agreement the ABA players had), now gratuitously remedied by the NBA and NBPA. Coincidentally the pre-1965 players who had no agreement, are pre-dominantly white.
8. The former ABA players are predominantly African American and most cannot afford to fight so they take whatever pittance the NBA throws their way, under the guise of “helping”. THESE ARE NOT MILLIONAIRE ATHLETES! CLICK HERE FOR SOME OF THE HEART-WRENCHING STORIES
9. Every year, former ABA players are dying without justice. This is according to the NBA’s plan, wait it out until the players all die out.

In the era of big bucks and showtime, the forefathers who were promised much but given little should not be left forgotten and largely in poverty. We respectfully ask for a remedy. We ask for a showing of humanity, of community and of equity that the NBA so boasts as core principles of its billion dollar league enterprise.

NBA Cares? Prove it! Take care of the founders of the modern game who have caused you to make BILLIONS! Do the right thing, it would cost so little.

The right thing is to give them the same benefits of the NBA players of the same time period.

But if they want to be greedy, then just a million per team, ONE TIME, put in an equity account and the interest alone would take care of all their needs and requests.

DO THE RIGHT THING NBA!

Until they do, please help by doing one of the following things:

1. Sign the petition by CLICKING HERE
2. Donate to the Dropping Dime foundation which is helping the players as much as they can, since the NBA WON’T. CLICK HERE TO DONATE
3. Spread the word especially to any players or media professionals. This site has all the information they will need.

Questions? CLICK HERE