www.cbafaq.com
Copyright © 1999-2008, Larry Coon
7/22/08: Revised question 33.
This FAQ is for members of
the media and fans of the NBA who want to
know more about
the salary cap, trade rules, and other aspects of the NBA's 2005
Collective
Bargaining Agreement. There is a lot of information here,
so there are several ways to navigate this document. You
can go to the table of contents to see a list
of all the questions, or if you want to know about a particular
topic you may be able to find it
in the index. You can also go straight
to the questions. You can find an
overview of the differences between the 2005 and 1999 CBAs in the appendix. If you've been
following this FAQ for a while, you can
go to the revision history to see if
anything has changed. Finally, you can see who wrote this thing or view the copyright notice. Enjoy!
Table of Contents
- What is a salary cap? Why have one?
- What is a soft cap? What is the
difference
between a soft cap and a hard cap? Which does the NBA have?
- Why have a soft cap?
- What is the Collective Bargaining
Agreement?
- How long has the current CBA been in
effect? When will it expire?
- They came to an amicable agreement in
2005. What happened in 1999?
- What changes did they make in the 2005 CBA?
- What percentage of revenues do the
players
receive?
- Has there
always been a salary cap?
- How is the salary cap set each year?
- What are the players' salary
restrictions?
- Are there exceptions to the maximum
salary?
- What is included in Basketball Related
Income (BRI)?
- Exactly what is included when
computing
total team salaries?
- How does the escrow system work?
What is it for?
- What is the "luxury tax?" Why does
it exist? How is it determined? Who pays
it?
- Who gets the escrow and luxury tax money?
- What is the luxury tax amnesty provision?
- Are there exceptions to the salary cap?
- How do exceptions count against the
cap? Does being under the cap always mean that a
team has room to sign free agents? Do teams ever lose
their exceptions?
- If a team has more than one exception
available to sign a particular player, are there any
rules regarding which one it has to use?
- Can a team circumvent the salary cap by
paying a player less but arranging for an affiliated company to also
pay him, perhaps by way of an endorsement contract?
- Do players and teams ever have
under-the-table agreements? What happens when the league finds
out about them? Is this what happened with the Timberwolves and
Joe Smith?
- How is "average salary" defined?
- How long must a player be with one team
before the Larry Bird exception can be used?
- Why a three-year wait before gaining Bird
rights?
- Does the Larry Bird exception mean that
free agents can be signed and not count against the
cap?
- I just saw that a team signed a player
for more money than it has under the cap. It was another team's
free
agent, so the Larry Bird exception wasn't used. What gives?
- Can a team sign all the free agents it
wants (up to the cap limit) and THEN re-sign its own
free agents using the Bird exception?
- How much do free agents count against
their team's salary cap?
- Why do free agents continue to count
against a team's cap?
- When do free agents stop counting against
the team's cap?
- What does renouncing a player mean?
- Can the renouncement be renounced?
In other words, can a team un-renounce a player and then sign
him using a Bird exception?
- Let's say a team arranges for all of its
players to become free agents at the same time. If they
renounce everybody, do they then have a salary total of
$0 and a full cap under which to work?
- What is restricted free agency?
- What is the "Gilbert Arenas" provision?
- Haven't
some restricted free agents gotten away anyway? How
did this happen?
- What if
a restricted free agent has no interest in staying with
his original team? Is there any way he can force the issue?
- Does a team receive compensation when
another team signs their free agent, like in some other
sports?
- First round draft picks operate under a
different set of
rules?
- What if the team and player can't agree
to a contract? What options does the player have? How long does
the team keep his draft rights?
- Do draft picks count against the team's
salary cap? If so, how much?
- What if a team likes its first round pick
and wants to sign him, but either feels he isn't worth the scale salary
or doesn't want to commit to a long contract?
- If a first round draft pick is renounced,
is he still bound to the salary scale for a first round pick?
- Is there
a limit to the length of a contract or the raise a player can receive?
- Are raises compounded? In other
words, is each raise a percentage of the previous season's salary?
- Are there restrictions based on a
player's age?
- What is the Over-36 Rule?
- What are option clauses? What kind
of
option clauses are there?
- Can existing contracts be extended?
- Can existing contracts be renegotiated?
- How do retired players count against the
cap?
- What are waivers?
- Do released players count against the cap?
What is set-off?
- Do injured players count against the cap?
- What about suspended players? How
do they count against the cap? Can teams suspend players for any
reason?
- How do players who die count against the
cap?
- What is a contract buy-out?
- How do buy-outs affect a team's salary
cap?
- Can incentives be built into a
contract?
How do they count against the cap?
- How about signing bonuses? Are they
allowed? How do they count against the cap?
- Are teams really competing on a level
playing field? Since the tax rate is different in the different
states
and Canada, don't the teams in a more "tax friendly" state have an
advantage over the other teams?
- What roster size limits exist? What
is the Inactive List? What is Injured Reserve?
- What is a 10-day contract?
- What is the NBA Developmental League
(NBADL)?
- What are the rules regarding trades?
- What is
the Traded Player exception?
- What is a non-simultaneous trade?
- How are minimum-salary players
handled in trades?
- How are
draft picks handled in trades?
- Can exceptions be combined when making
trades?
- What is "Base Year
Compensation?"
How does base year compensation affect trades? Why
does it exist?
- How does a base year player's salary
count
against the team's salary cap?
- Whenever I read about prospective trades
involving base year players, they say a
third team must get involved. Why? Can't
a base year player be traded in a two-team trade?
- Can a free agent be signed and
immediately traded?
- Can a team sign a player using the
sign-and-trade rule and then say, "Ha ha, we fooled you. We're
not
trading you!"?
- Why would teams or players want to do a
sign-and-trade?
- Sign-and-trade looks like a win-win
proposition. But some players have signed smaller contracts as free
agents, rather than do a sign-and-trade. Why?
- When can
a team trade a free agent it signs? Do they have to keep him
forever?
- Can a team trade the rights to a free
agent, so the other team will inherit his Larry Bird rights?
- Can cash be included as part of a trade
package?
- Can players be given a bonus when they
are traded?
- How do trade bonuses affect the salary cap
and trades?
- When can't a player be
traded? Can players be given "no-trade" clauses in their
contracts?
- I keep hearing about teams wanting to
acquire "ending contracts" in trades. What are they, and why are
they so valuable?
- Can teams find loopholes in the CBA and
make trades that were never intended to be allowed?
- What is the trading deadline?
- What is the July Moratorium?
- Are contracts always guaranteed?
- What is tampering?
- How much are
players fined for technical fouls and ejections? Where does the
money go?
- How does it work when the league expands?
- How do I find out the salary for a
specific player?
- The league instituted a
dress code for players. Do they have the right to do that?
- Are there other must-read web sites for
the budding capologist?
- What are the important CBA-related dates
each season?
- Can I get a copy of the actual Collective
Bargaining Agreement?
- I see reports in the newspaper or on the
Internet that would be impossible if everything you say here is
true.
Is this FAQ wrong?
- What if this FAQ really is wrong? How
authoritative is this FAQ?
- Can I e-mail you with other CBA-related
questions?
- Can this FAQ be reproduced or
distributed? Can I link my web page to it?
- Can you translate this FAQ into (name of
language)? I'll even translate it for you!
- How should this
FAQ be cited?
- Where can this FAQ be downloaded?
Acknowledgements
Copyright Notice
Index
Revision History
1. What is a salary cap? Why have one?
A salary cap is a limit on the amount teams can spend on player
contracts, which helps to maintain competitive balance in the league.
Without a salary cap, teams with deeper pockets can simply outspend the
remaining teams for the better free agents. The basic idea is that a
team can only sign a free agent if the total payroll for the team will
not exceed the salary cap. So a team with deep pockets is playing on a
level
playing field with every other team.
The evidence bears this out: For the 2001-02 NBA season, the
correlation
between team payroll and regular season wins was about 0.13. In
other words, there is nearly no correlation between salary and wins.
By comparison, MLB (with no salary cap) had a much stronger
correlation of 0.43 for its 2002 season.
2. What is a soft cap? What is the
difference
between a soft cap and a hard cap? Which does the NBA have?
The NBA has a soft cap. A hard cap doesn't allow the cap to be
exceeded for any reason. A soft cap, which the NBA
has, contains exceptions which allow teams to exceed
the cap under certain conditions. In fact, historically very few teams
are ever under the cap during a season.
3. Why have a soft cap?
The basic idea is to try to promote players' ability to stay with
their current teams. Nobody likes it when a player plays with a team
his entire career, the fans love him,
he wants to stay and the team wants to keep him, but
he has to leave because the team is unable to offer him a large enough
contract. The exceptions under a soft cap allow teams to keep players
under these kinds of circumstances.
4. What is the Collective Bargaining Agreement?
It's the legal contract between the league and the Players
Association
that sets
up the rules by which they all operate. (It's commonly abbreviated as
"CBA," which is not to be confused with the Continental Basketball
Association. The abbreviation CBA will be used in the remainder
of this document.)
The CBA defines the salary cap, the procedures for determining how
it
is set, the minimum and maximum salaries, the rules for trades, the
procedures for the NBA draft, and hundreds of other things that need to
be defined in order for a league like the NBA to function.
Incidentally, the CBA is also what prevents the NBA from being in
violation of antitrust laws. Many of the NBA's practices (salary cap,
draft, etc.) would violate the Sherman act were the CBA not arrived at
through collective bargaining.
5. How long has the current CBA been in
effect?
When will it expire?
The current CBA has been in effect since July 2005, succeeding the
previous agreement which was in effect from 1999 to 2005. The
agreement will expire following the 2010-11 season, although the league
has the option to extend it through the 2011-12 season. The
league
must exercise its option to extend the agreement by December 15, 2010.
The CBA may be terminated early under certain conditions:
- Certain types of collusion (Players
Association may terminate).
- National TV revenue drops significantly in
the next television agreement (league may terminate).
- Certain "force majeure" events (such as
war or terrorism) make it impossible or economically impractical for
the league to fulfill the agreement (league may terminate).
- Certain provisions of the CBA are struck
down in court (either side may terminate).
6. They came to an amicable agreement in
2005. What happened in 1999?
Although it looked for a while like a lockout would be unavoidable,
the two sides agreed on principal
terms of the new CBA in late June 2005. The only ramification
was that the
July moratorium was extended a couple of weeks while the agreement was
finalized and ratified. A lockout was avoided, and no
games were lost.
The sides were not so fortunate when negotiating the previous
agreement. The 1995 CBA allowed the league to terminate the
agreement if the players' salaries exceeded 51.8% of projected
revenues. In 1997-98 they were 58%, and the league opted
out.
The
league then tried to put more severe salary restrictions in place. The
players fought against any salary restrictions. On July 1, 1998
(the start date of the 1998-99 season) the league imposed a lockout,
which lasted into the season. The two sides
eventually compromised, agreeing to the 1999 CBA just days before
their drop-dead date for canceling the season entirely, and a compacted
50-game season was played.
7. What changes did they make in the
2005 CBA?
Please see the appendix for a summary of the
differences between the 2005 and 1999 CBAs. The appendix includes
links to questions with additional information.
In addition, the final version of this
FAQ for the 1999 CBA may be
found at http://members.cox.net/lmcoon/salarycap99.htm.
8. What percentage of revenues do the players
receive?
Contracts are individually negotiated between players and teams, and
several factors control the amount each player can receive.
Collectively, the players are guaranteed to receive at least 57% of
revenues in salaries & benefits. If it's ever less, the
league cuts a check to the Players Association after the season for
distribution to the players.
There is also an escrow system that helps to limit the money the
players receive to a specific percentage of revenue. See question
number 15 for details.
9. Has there
always been a salary cap?
It may surprise you to learn that the NBA first had a salary cap in
1946-47, its first season. The cap that season was $55,000, with
most players earning between $4,000 and $5,000. Star player Joe
Fulks
earned $8,000, and Tom King earned a league-highest $16,500 for his
combined duties as player, publicity director and business manager for
the Detroit Falcons.
The "modern" NBA salary cap began in 1984-85, at $3.6 million. It
made steady but gradual increases of around $1-2 million each season
until 1994-95, when it was
$15.964 million. Armed with a big TV contract from
NBC, the salary cap jumped to $23.0 million in 1995-96, and
increased to $26.9 million in 1997-98, the last season of the 1995 CBA
(a 747% increase in 13 years). The ABC/ESPN TV
contract which
took effect with the 2002-03 season provided $4.6 billion over six
years, but less in 2002-03 than NBC paid in 2001-02. As a
result,
the salary cap went down for the first time ever in 2002-03.
10. How is the
salary cap set
each year?
Each July the league projects Basketball Related Income (BRI) and
benefits for the upcoming season. They take a defined percentage
of projected BRI (see the chart below), subtract
projected benefits (about $112
million in 2005-06),
and make adjustments based on
whether the previous season's BRI was above or below projections.
They then divide by the number of NBA teams (except expansion teams in
their first two seasons) to arrive at the cap. The salary cap
adjusts each year on the first day following the July
Moratorium (see question number 89).
Note that adjusting based on whether the previous season's BRI was
above or below projections creates a pattern where the salary cap
increases significantly one year, and barely moves (or even decreases)
the next. This effect was more pronounced in the previous CBA,
where lump-sum payments for such things as local media contracts
counted fully in the year in which they were received. The
current CBA addressed this problem by mandating that lump-sum payments
will be applied evenly across all of the salary cap years covered by a
contract. However, adjustments from the previous CBA (such as a
$74 million increase in BRI in 04-05 attributable to the Lakers' local
cable revenue) created a rebound effect that will last well into the
current CBA.
| Season |
Defined percentage of BRI
|
Actual salary cap |
| 2005-06 |
49.5%*
|
$49.5 million ($37.125 million
for the Charlotte Bobcats)
|
2006-07
|
51%
|
$53.135 million
|
| 2007-08 |
51% |
$55.63 million
|
| 2008-09 |
51% |
$58.68 million
|
| 2009-10 |
51% |
|
2010-11
|
51% |
|
2011-12
|
51% |
|
* The league and Players Association agreed to use a figure of $49.5
million for the 2005-06 cap, rather than the calculated figure (which
would have resulted in a salary cap of $50.9 million).
At the other end of the spectrum there is a minimum team salary,
which is defined as 75% of the salary cap. Any team that doesn't
spend at least that much is surcharged at the end of the season, and
that money is given to the players. In practice, most teams'
salaries will be higher than the salary cap amount.
11. What are the players' salary restrictions?
There are both minimum and maximum salaries, and both are based on
how long the player has been in the league. The minimum salaries
scale upward each season. Here are the minimum salaries:
|
Years in NBA**
|
2005-06
|
2006-07
|
2007-08 |
2008-09 |
2009-10 |
2010-11 |
2011-12 |
| 0 |
$398,762
|
$412,718
|
$427,163
|
$442,114
|
$457,588
|
$473,604
|
$490,180
|
| 1 |
$641,748
|
$664,209
|
$687,456
|
$711,517
|
$736,420
|
$762,195
|
$788,872
|
| 2 |
$719,373
|
$744,551
|
$770,610
|
$797,581
|
$825,497
|
$854,389
|
$884,293
|
| 3 |
$745,248
|
$771,331
|
$798,328
|
$826,269
|
$855,189
|
$885,120
|
$916,100
|
| 4 |
$771,123
|
$798,112
|
$826,046
|
$854,957
|
$884,881
|
$915,852
|
$947,907
|
| 5 |
$835,810
|
$865,063
|
$895,341
|
$926,678
|
$959,111
|
$992,680
|
$1,027,424
|
| 6 |
$900,498
|
$932,015
|
$964,636
|
$998,398
|
$1,033,342
|
$1,069,509
|
$1,106,941
|
| 7 |
$965,185
|
$998,967
|
$1,033,930
|
$1,070,118
|
$1,107,572
|
$1,146,337
|
$1,186,459
|
| 8 |
$1,029,873
|
$1,065,918
|
$1,103,225
|
$1,141,838
|
$1,181,803
|
$1,223,166
|
$1,265,976
|
| 9 |
$1,035,000
|
$1,071,225
|
$1,108,718
|
$1,147,533
|
$1,187,686
|
$1,229,255
|
$1,272,279
|
| 10+ |
$1,138,500
|
$1,178,348
|
$1,219,590
|
$1,262,275
|
$1,306,455
|
$1,352,181
|
$1,399,507
|
And here are the league-wide maximum salaries:
| Years in NBA** |
Defined maximum salary |
2005-06 |
2006-07 |
2007-08 |
2008-09 |
| 0 |
$9,000,000 or 25% of cap* |
$12,000,000 |
$12,455,000 |
$13,041,250 |
$13,758,000 |
| 1 |
$9,000,000 or 25% of cap* |
$12,000,000 |
$12,455,000 |
$13,041,250 |
$13,758,000 |
| 2 |
$9,000,000 or 25% of cap* |
$12,000,000 |
$12,455,000 |
$13,041,250 |
$13,758,000 |
| 3 |
$9,000,000 or 25% of cap* |
$12,000,000 |
$12,455,000 |
$13,041,250 |
$13,758,000 |
| 4 |
$9,000,000 or 25% of cap* |
$12,000,000 |
$12,455,000 |
$13,041,250 |
$13,758,000 |
| 5 |
$9,000,000 or 25% of cap* |
$12,000,000 |
$12,455,000 |
$13,041,250 |
$13,758,000 |
| 6 |
$9,000,000 or 25% of cap* |
$12,000,000 |
$12,455,000 |
$13,041,250 |
$13,758,000 |
| 7 |
$11,000,000 or 30% of cap* |
$14,400,000 |
$14,946,000 |
$15,649,500 |
$16,509,600 |
| 8 |
$11,000,000 or 30% of cap* |
$14,400,000 |
$14,946,000 |
$15,649,500 |
$16,509,600 |
| 9 |
$11,000,000 or 30% of cap* |
$14,400,000 |
$14,946,000 |
$15,649,500 |
$16,509,600 |
| 10+ |
$14,000,000 or 35% of cap* |
$16,800,000 |
$17,437,000 |
$18,257,750 |
$19,261,200 |
* whichever is greater. They use a different cap
calculation to determine the maximum salaries, which is based
on 48.04% of projected BRI. For example, even though the actual
salary cap for 2005-06
is $49.5 million the 0-6 year maximum salary is $12 million, not
$12.375 million. Note that as with the salary cap itself, they
appear to have used hard figures for 2005-06, rather than applying
their formula.
** A player is credited with a year of service for each season in
which he is on a team's active list or inactive list for at least one
day during the regular season.
Players' maximum salaries are never less than 105% of their previous
salary. For example, a ten-year veteran who earned $20 million in
2006-07 has a maximum salary of $22.1 million in 2007-08, even though
that is above the league-wide maximum. A free
agent does not need to remain with the same team in order
to receive 105% of his previous salary, although the team that signs
him is subject to the same salary cap restrictions as with any
other free agent.
In addition, up to 30% of a player's compensation can be
deferred. Deferred compensation is included in team
salary in the season in which it is earned, not the season in
which it is paid.
When a player has been in the NBA for three or more seasons, and is
playing under a one-year, ten-day or rest-of-season contract, the
league actually reimburses the team for part of his salary
- any amount above the minimum salary level for a two-year
veteran. For example,
in 2005-06 the minimum salary for a two-year veteran is $719,373, so
for
a
ten-year veteran, with a minimum salary of $1,138,500, the league would
reimburse the team $419,127. Only the two-year minimum salary is
included in the team salary, not
the player's full salary. They do this so
teams won't shy away from signing older veterans simply because
they are more expensive when filling out their last few roster spots.
First round draft picks have a more restrictive salary scale, based
on their draft position (see question number 38 for
more information).
12. Are there exceptions to the maximum
salary?
Yes. In multi-year contracts, only the first season's salary is
subject to the maximum (but there are restrictions about how big raises
can be from year to year).
For players whose contracts were signed prior to the current CBA (i.e.,
prior to July, 2005) it is possible for a trade bonus (see question
number 83) to to increase the salary above the
maximum.
13. What is included in Basketball Related
Income (BRI)?
Basketball Related Income (BRI) essentially includes any income
received by the NBA, NBA Properties or NBA Media Ventures. This
includes:
- Regular season gate receipts
- Broadcast rights
- Exhibition game proceeds
- Playoff gate receipts
- Novelty, program and concession sales (at the arena and in
team-identified stores within proximity of an NBA arena)
- Parking
- Proceeds from team sponsorships
- Proceeds from team promotions
- Arena club revenues
- Proceeds from summer camps
- Proceeds from non-NBA basketball tournaments
- Proceeds from mascot and dance team appearances
- Proceeds from beverage sale rights
- 40% of
proceeds from arena signage
- 40% of
proceeds from luxury suites
- 45% - 50% of proceeds from arena naming rights
- Proceeds from other premium seat licenses
- Proceeds received by NBA Properties, including international
television, sponsorships, revenues from NBA Entertainment, the All-Star
Game, the McDonald's Championship and other NBA special events.
Some of the things specifically not included in BRI are
proceeds from the grant of expansion teams, fines, and revenue sharing
(e.g. luxury tax).
14. Exactly what is included when computing
total team salaries?
When determining team salaries (for example, to determine whether a
team is over the salary cap), the following are included:
- Salaries of all active and inactive players,
including likely bonuses.
- Salaries
paid or payable to waived players, minus
any set-off amounts
(see
question number 55).
- Any salary still being paid to retired players (see question
number 53).
- Amounts paid or expected to be paid in conjunction with certain
grievances.
- Salaries in contracts that have been agreed to but not yet
executed (i.e., verbal agreements or agreements pending
physicals). Note: During the July Moratorium (see question number
89), teams may not enter into verbal or written
agreements. Therefore any agreements that are stuck during the
moratorium are still characterized as negotiations, and do not count as
team salary.
- A percentage of the previous salary of unrenounced free agents
(see question number 30).
- Salaries offered in offer sheets (see question number 36).
- The "scale" amount for the team's unsigned first-round draft
pick(s) (see question number 43). This
amount begins applying to the team's team salary immediately upon
selection in the draft. However, this is not the same as his
trade value
(see question number 71).
- A roster charge if the team has fewer than 12 players (players
under contract, free agents included in team salary, players given
offer sheets, and first round draft picks). The roster charge is
equal to the rookie minimum salary for each player below 12. The
roster charge only applies during the offseason.
- The combined amount of any Mid-Level, Bi-Annual, Disabled Player
(see question number 19) or Traded Player
exceptions (see question number 69) available to
the team (see question number 20), if the team is
under the
salary cap. (Teams may renounce these exceptions, in which case
they no longer are included in team salary.)
If a team completes a mid-season trade, then the entire season salaries
of any players they acquire are included in their
team salary, and the entire season salaries of any players they trade
away are removed from their books.
The following are not
included in team salaries:
- Salaries of players selected in an expansion draft (see question
number 93) and waived by the expansion team prior to
the start of the
season.
- Salaries of some players with long-term or career-ending injuries
or illnesses (see question number 53).
- Salaries from summer contracts.
- 50% of salary not paid to players who were suspended by the
league. For example, if a player is signed for $10 million, but
is suspended by the league for exactly half the season, then he loses
$5 million. His team's team salary includes the $5 million he
actually received, plus 50% of the $5 million he lost due to the
suspension ($2.5 million), for a total of $7.5 million.
- Salary not paid to players due to set-off (see question number 55).
The following questions contain additional information describing when
and how player salaries are applied to team salary: 16,
27, 30, 31, 32, 33, 35, 37, 43, 53, 55, 56, 57, 60, 61, 62, 74, 84, 93
15. How does the escrow system work?
What is it for?
The escrow system tries to
ensure that salaries & benefits do not exceed a designated
percentage of BRI. The designated percentage is 57% in each
season, however:
- The designated percentage increases to 57.5% in any year in which
BRI exceeds the 2004-05 BRI* by more than 30% ($3.948 billion).
- The designated percentage increases to 58% in any year in which
BRI exceeds the 2004-05 BRI* by more than 60% ($4.859 billion).
* BRI was $3.037 billion in 2004-05.
In order to keep salaries & benefits at or below the designated
percentage, money is withheld from players'
paychecks and deposited into an escrow account. At the end of
each season they compare the league-wide salaries & benefits to the
designated
percentage of
BRI to see if there was an overage. If there was not an
overage, then all of the money in escrow (i.e., the full value of their
contracts) is given to the players.
But if there was an overage, then
the overage amount is returned to the owners (which lowers salaries
back to the designated percentage), and the players get
the remainder (if any). The amount withheld is a designated
percentage of salaries:
Season
|
Salary
withheld in escrow
|
2005-06
|
10%
|
2006-07
|
9%
|
2007-08
|
9%
|
2008-09
|
9%
|
2009-10
|
9%
|
2010-11
|
8%
|
2011-12
|
8%
|
They deduct the escrow funds based on salaries, and reconcile at the
end of the season based on salaries and benefits. It is possible,
by virtue of not deducting for benefits, that they find themselves at
the end of the season with insufficient escrow funds to cover the
overage. If this happens, then the discrepancy is made up by
deducting extra money from the players the following season.
Here are some examples to illustrate what could happen in the escrow
process. In Example A there is not an overage. In Example B
there is an overage, but the escrow withheld is sufficient to reduce
salaries to the designated percentage. In Examples C there is an
overage, which the escrow withheld is insufficient to cover.
|
Example A
|
Example B
|
Example C
|
| BRI: |
$3.000 billion |
$3.000 billion
|
$3.000 billion
|
Designated percentage of BRI:
|
57%
|
57%
|
57%
|
Designated percentage amount:
|
$1.710 billion
|
$1.710 billion
|
$1.710 billion
|
| Salaries: |
$1.600 billion |
$1.710 billion
|
$1.810 billion
|
Benefits:
|
$100 million
|
$100 million
|
$100 million
|
Salary held in escrow (%):
|
10%
|
10%
|
10%
|
| Amount held in escrow: |
$160 million |
$171 million
|
$181
million
|
Overage (amount salaries & benefits
exceeded designated percentage): |
$0 |
$100 million
|
$200 million
|
| Returned to owners (overage amount): |
$0
|
$100 million
|
$191 million
|
| Given to players (remainder of escrow): |
$160 million |
$71 million
|
$0
|
In Example A, salaries & benefits are within the designated
percentage, so the escrow money isn't needed and the players get to
keep it all. In Example B the escrow system successfully lowers
salaries back down to the designated percentage, and the players get to
keep what's left. In Example C the escrow money isn't enough to
lower salaries back down to the designated percentage. The
players can't lose more than 10% of their salary and benefits, so the
owners are owed $191 million. However only $181 million was
deposited into escrow, so the players still owe $10 million, which
represents 10% of benefits. The additional $10 million is
deducted from player salaries the following season.
Here is what actually happened in each season:
|
2005-06
|
2006-07 |
2007-08 |
| BRI: |
$3.174 billion |
$3.384 billion |
$3.519 billion |
Designated percentage of BRI: |
57% |
57% |
57% |
Designated percentage amount: |
$1.809 billion |
$1.929 billion |
$2.006 billion |
| Salaries: |
$1.890 billion |
$1.971 billion |
$2.054 billion |
Benefits: |
$70 million |
$113 million |
$115.0 million |
Salary held in
escrow (%): |
10% |
9% |
9% |
| Amount held in escrow: |
$189 million |
$177 million |
$184.9 million |
Overage (amount salaries & benefits
exceeded designated percentage): |
$151 million |
$155 million |
$163.4 million |
| Retained by NBA (overage amount): |
$151 million |
$155 million |
$163.4 million |
| Given to players (remainder of escrow): |
$38 million |
$22 million |
$21.5 million |
Question number 17 describes how the
escrow money is distributed to the teams.
16. What is the "luxury tax?" Why does
it exist? How is it determined? Who pays it?
The luxury tax is a mechanism that helps control team spending.
While it is commonly referred to as a "luxury tax," the CBA simply
calls it a "tax" or a "team payment." It is paid by high spending
teams -- teams whose payroll exceeds a predetermined tax level.
These teams pay one dollar for each dollar their payroll (with a few
exceptions, see below) exceeds the tax level The tax level is
determined
prior to the season, and is computed by taking 61% of projected BRI,
subtracting projected benefits ($112 million in 2005-06), and adjusting
for whether the previous season's BRI was above or below
projections. They then divide by the number of teams
(except expansion teams in their first two seasons) to arrive at the
tax level. Here are the tax levels in each season, and the teams
that paid the tax:
Season |
Tax
Level |
Taxpaying
Teams (amount paid in $millions) |
2005-06 |
$61.7 million* |
Knicks ($37.2), Mavs ($17.3),
Magic ($7.8), Pacers ($4.7), Grizzlies ($3.7), Spurs ($0.9) |
2006-07 |
$65.42 million |
Knicks ($45.1), Mavs ($7.2),
Nuggets ($2.0), T-Wolves ($1.0), Spurs ($0.2) |
2007-08 |
$67.865 million |
Knicks ($19.7), Mavs ($19.6), Cavs ($14.0), Nuggets ($13.6), Heat ($8.3), Celtics ($8.2), Lakers ($5.1), Suns ($3.9) |
| 2008-09 |
$71.150 million |
|
* For 2005-06 they used a set amount of $61.7 million
rather than applying the formula. Had the formula been used, the
tax level would have been approximately $63.7 million.
In the previous CBA, the tax system served as a supplement to the
escrow system (see question number 15). The
idea was that the tax was triggered when (and only when) payrolls were
so high that escrow didn't lower salaries to the designated
percentage of BRI. When this happened, the high spending teams
(i.e., the teams most responsible for the players' salaries being so
high) made up the difference. No team
would pay any tax, no matter how high their payroll, if the tax was not
triggered league-wide. With the current CBA the escrow and tax
systems are
disconnected -- the tax is guaranteed in every season, even when escrow
is successful in lowering salaries to the designated
percentage.
In addition to guaranteeing the tax in every season, the 2005 CBA made
an important change to remove the uncertainty which was previously
associated with the luxury tax. In the previous CBA the tax
level was set after the season based on the actual revenues and
expenditures for the just-completed season. This meant that teams
needed to make their roster decisions based on their own projections
for league-wide revenues and expenditures which wouldn't be determined
for
another year. The current CBA sets the tax level prior to the
season based on league revenue projections. Teams now know ahead
of time exactly what the tax level will be, and where their
payroll sits in relation to it.
When determining the amount of tax a team owes, the league uses its
team salary (see question number 14) on the date of
their
last regular season game (i.e., if a player is traded before the end of
the season, then none of his salary is taxed), with the following
adjustments:
- Any "unlikely bonuses" (see question number 61)
that
were actually earned are added to the team salary.
- Any "likely bonuses" (see question number 61)
that
were not earned are subtracted from the team salary.
- Any trade bonuses (see question number 83) for
players received in
trade after the last season game are added to the team salary.
- Any amounts from settlements of grievances are added to the team
salary.
- For players who signed as free agents (i.e., not draft picks),
and make less than the two-year minimum salary, the minimum salary for
a two-year veteran is used in place of their actual salary.
- Teams were given a one-time opportunity to waive one player
and
exempt his salary from the luxury tax. This is described in
detail in question number 18.
Where does the tax money go? This is described in question
number 17.
17.
Who gets the escrow and luxury tax money?
As described in question number 15, if the
salaries and benefits exceed a designated percentage of revenue for
that
season, then some of the players' salary is returned to the teams.
Also, as described in question number 16,
high-spending teams will
pay additional money to the league in the form of a "luxury tax."
The money collected from escrow and luxury tax may be distributed to
teams or used for league purposes, subject to certain rules. Note
that in some cases, taxpaying teams receive more than enough money to
offset the luxury tax they pay.
The distribution rules are different for escrow money and tax money:
Escrow money:
- Some or all of the escrow money may be reserved for
"league purposes." This is likely to be a small percentage of the
total escrow amount, but there is no cap on the amount that is used for
league purposes -- the league could, at their discretion, use all of
it. For example, in 2006-07 the league used about $20.7 million
of the escrow money for revenue assistance.
- Any remaining escrow money that is distributed to teams must go
to all teams in equal shares.
Tax money:
- Teams under the tax level receive a full share (1/30) of
the tax money. (Note that if the league expands, the fraction
changes.)
- Some or all of the remaining money may be reserved by the
league for "league purposes."
- Any remaining tax money that is distributed to teams must go to
all teams in equal shares.
"League purposes" may include investing in some venture, or it may
include distributing money back to teams. If money goes to teams,
the distribution must not be based on the teams' team salaries (see
question number 14) or whether the teams are
taxpayers. In other words, it cannot become a disincentive for
teams
to spend money on players, which would constitute a secondary form of
salary restraint. An example of an acceptable "league purpose" in
which money goes to teams would be a revenue assistance plan designed
to
subsidize teams that lose money, provided that a team's entitlement is
based on a
profit/loss/expenses computation that assumes all teams have the same
team salary, and the assistance payment is limited to the team's actual
losses.
Since the previous CBA required teams to project league revenues a year
in advance when making their roster decisions, a "cliff smoothing"
provision was set up to provide teams a margin of error. Under
this provision, for the first few million dollars above the tax level,
distributions were phased-out (i.e., teams didn't "fall off
a cliff" and lose their distribution for barely exceeding the tax
level). Now that the tax level is set in advance, and teams know
the tax level before they begin signing contracts, this margin of error
is no longer required and so the cliff
provision was eliminated. Now there effectively will be a hit
(about $1.9 million in 2006-07) as soon as a team crosses the tax level.
To understand the consequence, consider two teams that suffer injuries
during the 2005-06 season, each needing to sign a replacement
player. Team A is
$500,000 above the tax level, and Team B is $500,000 below the tax
level. For this example we'll assume the players sign for
$719,373 (the minimum salary for a player with two years of service in
2005-06), and the tax distribution for the non-taxpaying teams is $2.4
million. To sign their player, Team A must pay $719,373 in salary
and $719,373 in additional tax, for a total of $1,438,746. Team
B, on the
other hand, now becomes a taxpayer. They pay the same $719,373 in
salary plus $219,373 in tax (remember, they were previously $500,000
below the tax level),
and they also forfeit their $2.4 million tax distribution, so the total
cost to them is $3,338,746. So for Team B, the tax penalty isn't
100%; it's more than 250%. They can't even sign a cheaper player
-- for tax purposes, players with fewer than two years of service are
taxed at the two-year minimum amount.
Here is what actually happened to the escrow and tax money in each
season:
|
2005-06 |
2006-07 |
2007-08 |
BRI: |
$3.174 billion |
$3.384 billion |
$3.519 billion
|
Designated percentage: |
$1.809 billion (57% of BRI) |
$1.929 billion |
$2.006 billion |
Total salaries and benefits: |
$1.960 billion |
$2.084 billion |
$2.169 billion |
Escrow collected: |
$189 million |
$177 million |
$184.9 million |
Overage: |
$151 million (salaries &
benefits minus designated percentage) |
$155 million |
$163.4 million |
Escrow share per team: |
$5,039,080 |
$5,181,997 |
$5,448,026 |
Tax level: |
$61.7 million |
$65.42 million |
$67.865 million |
Total tax collected: |
$71,642,951 |
$55,564,006 |
$92,454,198 |
Tax share per team: |
$2,388,098 (1/30 total tax,
distributed only to non-taxpaying teams) |
$1,852,134 |
$3,081,807 |
Undistributed funds: |
$14,328,590 |
$9,260,670 |
$24,654,444 |
In 2005-06, the league used all of the undistributed
tax funds and none of its escrow funds to fund their revenue assistance
plan. In 2006-07 it used all of the undistributed tax funds and
about $20.7 million of the escrow funds for this purpose. In 2007-08 it used all of the undistributed tax funds and $5.3 million of "distributions from League entities." The use
of escrow money in 2006-07 reduced each team's escrow share to
$4,490,685.
18. What is the luxury tax amnesty provision?
This was a one-time opportunity for teams to waive one player
and avoid
having that player count in the team's luxury tax computation.
Teams had the opportunity to use this provision between August 2nd and
15th, 2005 (right after the CBA went into effect). It could be
used only for players signed or acquired
prior
to June 21, 2005, or for players already waived when the current CBA
went into effect. A team could waive only one player using this
provision.
Players waived using this provision are not counted in the team's team
salary (see question number 14)
when computing the amount of luxury tax the team owes (see question
number 16).
For example, if a team waived a player with a $10 million salary, and
ended up $15 million over the tax level, then they would only owe
$5 million in luxury tax (saving $10 million). However, the tax
savings does not necessarily equal the player's salary -- if the team
ended up just $3 million over the tax level then they would only
save $3 million (owing no tax at all). If they ended up below the
tax level, then there is no tax to be paid so they wouldn't realize any
savings at all. On the other hand, it's possible for the net
savings to exceed the player's salary. If a team's amnesty cut
takes them from above the tax level to below it, then in addition to
not owing any tax they will also receive a tax distribution.
The amnesty provision only
affects the team's tax obligation. The
team
must continue to pay the player, his salary continues to count against
their salary cap, and all other salary calculations are
unaffected.
However, the team may not re-sign or re-acquire the player for the
length of the terminated contract. In all other respects, the
player
is treated just like any other waived player (see question number 54
for more information on waivers).
Although the amnesty provision was informally referred to as the "Allan
Houston provision," the Knicks chose
not to use it on Houston. The actual list of players on whom the
amnesty provision was used is (* = players who were previously waived):
Derek Anderson (Blazers), Vin Baker*
(Celtics), Troy Bell* (Grizzlies), Calvin Booth (Bucks), Doug Christie
(Magic), Derrick Coleman* (Pistons), Howard Eisley* (Suns), Michael
Finley (Mavericks), Brian Grant
(Lakers), Fred Hoiberg (Timberwolves), Aaron McKie (76ers), Ron
Mercer
(Nets), Reggie Miller* (Pacers), Alonzo Mourning* (Raptors), Wesley
Person* (Heat), Eddie Robinson* (Bulls), Clarence Weatherspoon
(Rockets),
Jerome Williams (Knicks). The Bobcats, Cavs, Clippers, Hawks,
Hornets, Jazz, Kings, Nuggets, Sonics, Spurs, Warriors and Wizards did
not utilize this provision.
19. Are there exceptions
to the salary cap?
Yes. Teams are not allowed to be over the salary cap, unless
they are using one of these exceptions:
LARRY BIRD EXCEPTION -- This is the best known one.
Players who qualify for this exception are called
"Qualifying Veteran Free Agents" in the CBA, and this exception is a
component of the Veteran Free Agent exception.
This exception allows teams to exceed the salary cap to re-sign their
own free agents, up to the player's maximum salary. The player must
have played for three seasons without being waived or
changing teams as a free agent.
This means a player can obtain "Bird rights" by playing under three
one-year contracts, a single contract of at least three
years, or any combination. It also means that when a player is
traded, his Bird rights are traded with him, and his new team can
use the Bird exception to re-sign him. These contracts can
be up to six years in length. A player can receive raises up to
10.5% of the salary in the first season of the contract. This
exception is known as the
Larry Bird exception because the Celtics were the first team allowed to
exceed the cap to keep their own free agent, and the player
happened to be Bird.
There is one more limit to the maximum salary that can be given
using the Larry Bird exception. If the player was a first round
draft pick and just completed the third year of his rookie scale
contract, but
his team did not exercise their option to extend the contract for the
fourth season (see question number 41), then this
exception cannot be used to give him a salary greater than he would
have received had the team exercised their fourth year option. In
other words, teams can't decline the option in order to get around the
salary scale and give the player more money.
Starting January 10 of each season, this exception begins to reduce
in value. See question number 20 for details.
EARLY BIRD EXCEPTION -- This is a weaker form of the Larry
Bird exception, and is also a component of the Veteran Free Agent
exception. Players who qualify for
this exception are called "Early Qualifying Veteran Free Agents" in the
CBA. A player qualifies for this exception after playing two
seasons
without being waived or changing teams as a free agent. Using this
exception, a team may re-sign its own free agent for 175% of his salary
the previous season or the average player salary, whichever is greater
(see question number 24 for
the definition of "average salary." Also note that for 2005-06
they used a defined figure of $5 million). Early Bird contracts
must
be for at least two seasons (which limits this exception's usefulness
-- it's often better to take a lower salary for one more season and
then have the full Bird exception available the next season) and no
longer than five seasons. A player can receive raises up to 10.5%
of
the salary in the first season of the contract using
this exception.
If the player was a first round draft pick and just completed
the second year of his rookie scale contract, but his team did not
exercise their option to extend the contract for the third season (see
question number 38), then this exception cannot be
used to give him a
salary greater than he would
have received had the team exercised their third year option. In
other words, teams can't decline the option in order to get around the
salary scale and give the player more money.
If the player is a restricted free agent with two years of service
and receives an offer sheet from a new team, the player's prior team
may use the Early Bird exception to match the offer sheet (see question
number 36 for restricted free agency).
Starting January 10 of each season, this exception begins to reduce
in value. See question number 20 for details.
NON-BIRD EXCEPTION -- This is also a component of the Veteran
Free Agent exception. Players who qualify for this exception
are called "Non-Qualifying Veteran Free Agents" in the CBA. They
are veteran free agents who are neither Qualifying Veteran
Free Agents nor Early Qualifying Veteran Free Agents, either because
they haven't met the criteria, or because they are Early Bird free
agents following the second season of their rookie scale contract and
whose team renounced the Early-Bird exception. This
exception allows a team to re-sign its own free agent to a salary
starting at 120% of
the player's salary in the previous season, 120% of the minimum
salary, or the amount needed to tender a qualifying offer (if the
player is a restricted free agent -- see question number 36),
whichever
is greater.
Raises are limited to 8% of the salary in the first year of the
contract, and contracts are limited to five seasons when
this exception is used.
Starting January 10 of each season, this exception begins to reduce
in value. See question number 20 for details.
MID-LEVEL SALARY EXCEPTION -- This exception allows a
team to sign any free agent to a contract equal to the average salary,
even if they are over the cap (see question number 24
for
the definition of "average salary." Also note that for 2005-06
they used a defined figure of $5 million). This exception may be
split and given to
multiple players. It may be
used for contracts of up to five years in length, and raises are
limited to 8% of the salary in the first year of the contract.
Signing a player
to a multi-year contract does not affect a team's ability to use this
exception every year. For example, a team can sign a player to a
five-year contract using this exception and still use the exception the
following year to sign another player. Also see
question number 20 for more
information on the availability and use of this exception.
If the player is a restricted free agent with one or two years of
service
and
receives an offer sheet from a new team, the player's prior team may
use the Mid-Level exception to match the offer sheet (see question
number 36
for restricted free agency).
Here are the actual values of this exception for each season.
Note that since this exception is based on the average player salary,
the actual value of this exception is not determined until the start of
the free agent signing period.
2005-06 |
$5 million |
2006-07 |
$5.215 million |
2007-08 |
$5.356 million |
| 2008-09 |
$5.585 million |
BI-ANNUAL EXCEPTION -- This exception was previously named
the "$1 Million exception" (perhaps "misnamed" is more appropriate,
since it was only valued at $1 million in 1998-99). It may be
used
to sign any free agent to a contract starting at the following amounts:
2005-06
|
$1.67 million |
2006-07
|
$1.75 million |
| 2007-08 |
$1.83 million |
| 2008-09 |
$1.91 million |
| 2009-10 |
$1.99 million |
2010-11
|
$2.08 million |
2011-12
|
$2.18 million |
This exception may not be used two years in a row (and if the $1
Million exception was used in 2004-05, the Bi-Annual exception may not
be
used in 2005-06). It may be split and given to more than one
player, and can be used to sign
players for up to two years, with raises limited to 8%. Also see
question number 20 for more information on the
availability and use of
this exception.
ROOKIE EXCEPTION -- Teams may sign their first round draft
picks to rookie "scale" contracts even if they
will be over the cap as a result (see question number 41).
MINIMUM PLAYER SALARY EXCEPTION -- Teams can offer players
minimum salary contracts even if they are over the cap. Contracts
can be up to two years in length. For two year contracts, the
second season salary is
the minimum salary for that season. The contract may not contain
a signing bonus. This exception also allows
minimum salary players to be acquired via
trade. There is no limit to the number of players that can be
signed or acquired using this exception.
This exception begins to reduce in value after the first day of the
season. For example, if there are 180 days in the season, then
this exception reduces in value by 1/180 of its initial value each
day. If a team signs a minimum salary player 90 days into the
season, it can pay the player only half the minimum salary.
See question number 70
for more
information on how minimum salary players are handled in trade.
TRADED PLAYER EXCEPTION -- This exception is used for trades,
and
cannot be used to sign free agents. It allows teams to acquire
more salary in a trade than they send away. It also allows teams
to take up to a year to complete some trades, banking a credit in the
interim. This exception is discussed
in detail in question numbers 68 and 69.
Also see question number 20
for more information on the availability and use of this exception.
DISABLED PLAYER EXCEPTION -- This exception allows a team
which is over the cap to acquire a replacement
for a disabled player who will be out for the remainder of that season
(if the player is disabled between July 1 and November 30) or the
following season (if the player is disabled after November 30).
This exception can also be granted in the event of a player's
death. This exception can only be used to acquire one
player. The maximum salary for the replacement player is 50% of
the injured player's salary, or the average salary, whichever is less
(see question number 24 for the definition of
"average salary"). Approval from the league (based on a
determination by an NBA-designated physician) is required for this
exception to be used. This
exception can be used to sign a free agent, or to create room to
accept a salary in trade. When used for trade, the team may
acquire a player whose salary (including any trade bonus) is up to 100%
of this exception plus $100,000 (not 125%). Also see
question number 20 for
more information on the availability and use of this exception.
If a player is disabled between July 1 and November 30, the team
must acquire the replacement player within 45 days. If the player
is disabled between December 1 and June 30, then the team has until
October 1 to sign a replacement. If
the disabled player comes back sooner than expected, then he may be
activated immediately, and the replacement player
is not affected. However, if the disabled player comes back
before the exception is used, then the exception is lost.
Teams sometimes have had difficulty getting the NBA to approve an
injury exception. For example, Danny Manning tore an ACL toward the end
of the 1997-98 season, yet the NBA did not approve the Suns for this
exception.
More recently, the Magic did not receive this exception in 2003 for
Grant
Hill. However, this exception was granted in the 1999
offseason to San Antonio, so they could replace Sean Elliott, who was
disabled due to kidney problems. This exception was also granted
to Charlotte soon after Bobby Phills was killed.
Don't confuse this exception with the salary cap relief teams can apply
for a year after losing a player to a career-ending injury or death
(see question number 53).
This exception allows a team to acquire a replacement player.
The salary cap relief removes a contract from the books.
REINSTATEMENT -- If a
player
was banned from the league for a drug-related offense and later
reinstated, his prior team may re-sign him for up to his previous
salary.
Summary of Salary Cap Exceptions
|
Larry Bird |
Early Bird |
Non-Bird |
Mid-Level |
Bi-Annual |
Rookie |
Minimum |
Disabled Player |
Reinstatement
|
Who
Qualifies |
Own free agent, 3 seasons
without changing teams as a free agent |
Own free agent, 2 seasons
without changing teams as a free agent |
Own free agent, if not Larry
Bird or Early Bird |
Any |
Any |
Team's first round draft
pick(s) |
Any |
Any |
Reinstated
players re-signing with their prior team
|
| Minimum Years |
1 |
2 |
1 |
1 |
1 |
2 plus two team options |
1 |
1 |
1
|
| Maximum Years |
6
|
5
|
5
|
5
|
2 |
2 plus two team options |
2 |
5
|
5
|
| Maximum Salary |
Maximum salary
(see note in text)
|
Greater of 175% of previous salary or average salary |
Greater of 120% of previous salary or 120% of minimum salary |
Average salary
|
See text
|
120% of scale amount |
Minimum salary |
Lesser of 50% of injured player's salary or average salary |
Player's prior salary
|
| Maximum Raises |
10.5% |
10.5% |
8% |
8% |
8% |
Defined in salary scale
|
Salary always minimum
|
8% |
8%
|
| Can be split? |
No |
No |
No |
Yes |
Yes |
No |
No |
No |
No
|
| Other |
|
|
|
|
Cannot be used in consecutive seasons |
Restricted free agency following option years |
|
Approval from the league
required. Can be used for a limited time only. |
|
Note: The Traded Player exception is not listed
because it cannot be used to sign free agents.
20. How do exceptions count against the
cap? Does being under the cap always mean that a
team has room to sign free agents? Do teams ever lose their
exceptions?
If a team is below the cap, then their Disabled Player, Bi-Annual,
Mid-Level and/or Traded
Player
exceptions are added to their team salary, and the league treats the
team as
though they are over the cap. This is to prevent a
loophole, in a manner similar to free agent amounts (see question
numbers 29, 30, 31,
32). A team can't act like they're under the
cap and sign free agents using cap room, and then use their Disabled
Player, Bi-Annual, Mid-Level and/or Traded Player exceptions.
Consequently, the exceptions are added to their team salary (putting
the
team over the cap) if the team is under the cap and adding the
exceptions puts them over the cap. If a team is already over
the cap, then the exceptions are not added to their team
salary. There would be no point in doing so, since there is no
cap room for signing free agents.
So it is not true that being under the cap necessarily means
a team
has room to sign free agents. For example, assume the cap is
$49.5 million,
and a team has $43 million committed to salaries. They also have
a Mid-Level exception for $5 million and a Traded Player exception for
$5.5 million. Even though their salaries put them $6.5 million
under the cap, their exceptions are added to their salaries, putting
them at $53.5 million, or $4 million over the cap.
So they actually have no cap room to sign free agents, and must instead
use their exceptions.
Teams have the option of renouncing their exceptions in order to
claim the cap room. So in the example above, if the team
renounced their Traded Player and Mid-Level exceptions, then the $10.5
million is taken off their team salary, which then totals $43 million,
leaving them
with $6.5 million of cap room which can then be used to sign free
agent(s).
Starting January 10 of each season, the Mid-Level, Bi-Annual, Larry
Bird, Early-Bird and Non-Bird exceptions begin to reduce in
value. For example, if there are 180 days in the season, then
these exceptions (if they are still unused) reduce by 1/180 of their
initial value each day starting January 10. If a team uses their
$5 million Mid-Level exception on February 1, then the exception is
actually worth $4,361,111.
The Disabled Player, Bi-Annual,
Mid-Level and Traded Player exceptions may be lost entirely, or the
team may never receive them to begin
with. This happens when their team salary is so low that when the
exceptions are added to the team salary, the sum is still below the
salary cap. If the team salary is below this level when the
exception arises, then the team doesn't get the exception. If the
team
salary ever drops below this level during the year, then any exceptions
they had are lost.
For example, with a $49.5 million salary cap, assume it's the
offseason, and a team has $41 million committed to salaries, along with
a Mid-Level exception for $5 million, a Traded Player exception for
$2.5 million, and an
unrenounced free agent whose free agent amount is $2 million.
Their salaries and exceptions total $50.5 million, or $1
million over the cap. What if their free agent signs
with another team? The $2 million free agent amount comes off
their cap, so their team salary drops to $48.5 million. This
total is
below the cap so the team loses its Mid-Level
and Traded Player exceptions.
There is logic behind this. The whole idea behind an
"exception" is that it is an exception to the rule which says a team
has to be below the salary cap.
In other words, an exception is a mechanism which allows a team to
function above the cap. If a team isn't over the cap, then the
concept of an exception is moot. Therefore, if a team's team
salary ever drops this far, its exceptions go away. The
effect is that a team may have either exceptions or cap room, but they
can't have both.
21. If a team has more than one exception
available to sign a particular player, are there any rules regarding
which one it has to use?
The team has the right to choose which of its available exceptions
to use to sign a player. However, teams may not combine
exceptions, or combine an exception with cap room, in order to sign a
player. For example, a team with a $5 million Mid-Level
exception and a
$2 million in cap room may not combine them to sign a player for $7
million. This is explained more thoroughly in question number 72.
22. Can a team circumvent the salary cap by
paying a player less but arranging for an affiliated company to also
pay him, perhaps by way of an endorsement contract?
I suppose it could happen, but the NBA will investigate if it
suspects that an outside person or organization is
paying a player on behalf or at the request of a
team. If they find out that such an event has occurred, they will
penalize the team. For the first offense by a team, the fine can
be up to $2,500,000, forfeiture of a
first round draft pick, and/or voiding the player's contract. The
penalties increase for subsequent violations.
Incidentally, players are no longer allowed to become
player-coaches. This is because it would be
possible to circumvent the cap by signing a player as a player-coach,
and paying him less as a
player but overpaying him as a coach.
23. Do players and teams ever have
under-the-table agreements? What happens when the league finds
out about them? Is this what happened with the Timberwolves and
Joe Smith?
If a team makes a direct agreement with a player that is not
reported to the league, the penalties can be even harsher than those
described in question number 22. Such a
violation is considered by the league to be among the most serious a
team can
commit. Again, the league will investigate any allegations of
wrongdoing. A violation can result in a fine up to $5,000,000,
forfeiture of draft picks, voiding the player's contract(s),
and/or the suspension for up to one year of any team
personnel who were involved. In addition, the player himself can
be fined up to $100,000, and prohibited from ever signing with that
team.
This is what happened in 2000 with Joe Smith and the
Minnesota Timberwolves. Smith left the Philadelphia 76ers in 1999
(following the lockout) to sign
with the Minnesota Timberwolves for their $1.75 million Mid-Level
exception. They made an under-the-table agreement that Smith
would play under three consecutive one-year contracts at below market
value, and the Timberwolves would reward him by using their Bird rights
to sign him to a huge contract beginning with the 2001-02 season.
Unfortunately, they reduced this agreement to writing, and the written
agreement eventually found its way into the league's hands.
It had long been rumored that such under-the-table agreements
existed, but this was the first time the league had hard evidence in
the form of a signed contract. The league responded by fining the
team the maximum (at the time) $3.5 million, taking away their next
five draft picks
(two were later returned), and voiding Smith's then-current
contract.
Owner Glen Taylor and GM Kevin McHale also agreed to leaves of absence
(in lieu of suspensions, at which time the fifth draft pick was
returned). Most interestingly, the league also voided Smith's two
previous, already-completed contracts. This essentially stripped
the Timberwolves of any Bird rights to Smith, preventing them from
re-signing Smith for any salary above the minimum (they had already
used their other exceptions). Smith left Minnesota and
signed with the Detroit Pistons, but returned to Minnesota in 2001.
24. How is "average salary" defined?
The league computes the average salary by taking the total salaries
paid during the previous season, dividing by 13.2 times the number of
teams (other than expansion teams in their first two seasons) and then
adding eight percent. The Bobcats were in their second season
in 2005-06, so they did not count in the 2005-06 calculation, and the
denominator is 13.2 times 29, or 382.8. In 2006-07 it changed
to 13.2 times 30, or 396.
This
average salary figure is used when determining the salaries payable
using the Early-Bird, Disabled Player and Mid-Level exceptions; when
determining an unsigned free agent's effect on team salary, and when
determining the maximum salary in an offer sheet to a restricted free
agent with one or two years of service. Here are the values in
each season:
Season |
Average
salary value |
2005-06 |
$5 million* |
2006-07 |
$5.215 million |
2007-08 |
$5.356 million |
| 2008-09 |
$5.585 million |
* For 2005-06 they used a defined figure of $5 million, rather than
applying the formula.
25. How long must a player be with one team
before the Larry Bird exception can be used?
Theoretically, a player with Bird rights can be traded at the trade
deadline right before
becoming a free agent and his new team can use the Bird exception to
re-sign him. There is no specific tenure requirement with one
team. The only rule is that the player
can't have been waived or changed teams as a free agent for
three seasons. However, if a team renounces a player
(see question number 33), they can't
use the Bird exception to re-sign him for one year.
26. Why a three-year wait before gaining
Bird rights?
It closed a salary cap loophole. There used to be no waiting period,
but this was abused by Portland with Chris Dudley and Phoenix with
Danny Manning. Both teams signed these players to one-year deals at
small salaries. The next year, Bird rights in hand, they signed
new
contracts far in excess of the cap. The three year rule prevents
these types of cap circumventions.
27. Does the Larry Bird exception mean that
free agents can be signed and not count against the cap?
All salaries are included in team salary (and count against the
cap). The Bird exception simply says a team can exceed the cap to sign
certain players. The new salary applies toward the team salary just
like the salaries of the team's other players. So if a team is
over the cap and uses the Bird exception to re-sign its own free agent,
it will end up farther over the cap.
28. I just saw that a team signed a player
for more money than it has under the cap. It was another team's
free agent, so the Larry Bird exception wasn't used. What gives?
If one of the other exceptions wasn't used, it may just be the way
the deal was reported. Only the first season's salary must fit under
the cap, but signings are
often reported using the total salary for the entire contract. For
example, if a team is $10 million under the cap,
they can sign a player to, say, a five-year contract for $10 million,
$10.5 million, $11 million,
$11.5 million and $12 million, respectively, for the five seasons. The
deal then gets reported as five years for $55 million. But the
first year salary is what counts, and it fits perfectly.
29. Can a team sign all the free agents it
wants (up to the cap limit) and THEN re-sign its own free agents using
the Bird exception?
Yes, but there's a restriction. A team's free agents continue to
count as team salary (against the salary cap). This charge is
called the "free agent amount." So there may not be enough money
under the cap to
sign another team's free agent, because the team's own free agents are
taking up all their cap room.
30. How much do free agents count against
their team's salary cap?
The free agent amount depends on the player's previous salary and
what kind of free agent he is:
| Kind of free agent |
Previous salary |
Free agent amount
|
Any
|
Minimum salary
|
Portion of minimum salary not
reimbursed
by the league (see question number 11)
|
| Larry Bird, except when
coming off rookie scale contract |
At least the average salary |
150% of his previous salary* |
Larry Bird, except when
coming off rookie scale contract
|
Below the average salary |
200% of his previous salary* |
Larry Bird, following the
fourth
season of his rookie
scale contract
|
At least the average salary
|
250% of his previous salary*
|
Larry Bird, following the
fourth season of his rookie
scale contract |
Below the average salary |
300% of his previous salary* |
Larry Bird, following the
third
season of his rookie
scale contract |
Any |
The maximum salary the team can
pay
the player using the Bird exception |
Early Bird, following the
second season of his rookie
scale contract
|
Any |
The maximum salary the team can pay
the player using the Early Bird exception |
Early Bird (all others)
|
Any
|
130% of his previous salary*
|
| Non-Bird |
Any |
120% of his previous salary* |
* Not to exceed the player's maximum salary, based on years of
service (see question number 11). If
the difference in salary between the last two seasons
of the player's contract exceeded $4 million, then the
percentage is based on the average salary in the
last two seasons of the contract.
A restricted
free agent counts against his team's salary cap by the greatest of:
- His free
agent amount (as defined in the table above)
- The amount of his
qualifying offer (see question number 36)
- The first year salary from any offer sheet the
player signs with another team (see question number 36)
Here's an example of how to use this chart: Let's say a player
who made $5 million during the previous season becomes an Early-Bird
free agent, and is not coming off the second season of his rookie scale
contract. According to this chart, the player's free agent
amount is 130% of his previous salary. So $6.5 million is
included in his team's team salary while he is a free agent.
See question number 41
for more information on
rookie "scale" contracts, question number 33 for
information on
renouncing players, and question number 36 for
information on restricted free agency.
31. Why do free agents continue to count
against a team's cap?
It closes another loophole. Teams otherwise would be able to
sign other teams' free agents using their cap room, and
then turn their attention to their own free agents using the Bird
exceptions. This rule restricts
their ability to do
that. It doesn't close this loophole completely -- for example,
in 2005 Michael Redd's free agent amount was $6 million, even though
the Bucks intended to re-sign him for the maximum salary. By
waiting to sign Redd last, the Bucks were able to take advantage of the
difference by signing Bobby Simmons. Had they signed Redd first,
they would have had no cap room to sign Simmons.
32. When do free agents stop counting
against the team's cap?
When any one of the following three things happen:
- The player signs a new contract with the same team. When
this happens, the player's effect on his team's team
salary is based on his new salary.
- The player signs with a different team. As soon as this happens,
the player becomes the new team's problem, and his salary no longer
counts against his old team.
- The team renounces the player. (See question number 33)
33. What does renouncing a player mean?
As detailed in question number 30, free agents
continue to be included in team salary. By renouncing a player, a
team gives up its right to use the Larry
Bird, Early Bird, or Non-Bird exceptions (see question number 19) to
re-sign
that player. A renounced player no longer counts toward team
salary, so teams use renouncement to gain additional cap room.
After renouncing a player, the team is still permitted to
re-sign that player, but
they must either have enough cap room to fit the salary, or sign
the player using the Minimum Salary exception. The exception to
this is in the case of an Early Bird free agent who is coming off
the second season of his rookie scale contract. Such players,
when renounced, are treated as Non-Bird free agents.
After renouncing a player, a team can still trade the player
in a sign-and-trade agreement (see question number 76).
Note: In the previous CBA renouncing a veteran free agent amounted to relinquising the team's Bird rights only through the remainder of the season (until the following July 1). This allowed a team to renounce a free agent, sign him to a one-year contract, and then re-sign him to a larger contract using the Bird exception the following summer. The current CBA removed this time limitation; now when the player is renounced, his Bird clock starts over.
34. Can the renouncement be
renounced? In other words, can a team un-renounce a
player and then sign him using a Bird exception?
Only in one specific circumstance -- when they renounce one or more
of their players in order to create enough cap room to sign another
team's restricted free agent, but the restricted free agent's original
team matches the offer sheet and keeps him. If that happens, the
team can rescind the renouncement. There are a couple exceptions
to this -- they can't rescind a renouncement if doing so takes them
from below the salary cap to above it; or if they are above the cap and
rescinding the renouncement takes them farther above the cap than they
were before the renouncement.
See question number 36 for more information on
restricted free agency.
35. Let's say a team arranges for all of
its players to become free agents at the same time. If they
renounce
everybody, do they then have a salary total of $0 and a full cap under
which to work?
No. There are lots of things that are included in team salary
besides active contracts -- see question number 14
for a full list. Note especially that there is a roster charge
when a team has fewer than 12 players under contract, free agents
included in team salary, players given offer sheets, and first round
draft picks.
36. What is restricted free agency?
There are two types of free agency: restricted and unrestricted. An
unrestricted free agent is free to sign with any other team, and
there's nothing the player's original team can do to prevent it.
Restricted free agency gives the player's original team the right to
keep the player by matching an offer sheet the player signs with
another team. One example is from August 2002, when Minnesota signed
Ricky
Davis to an offer sheet, but Cleveland matched the offer and retained
him.
Restricted free agency exists only on a limited
basis. It is allowed following the fourth year of rookie "scale"
contracts for first-round draft
picks (see question number 41). It is also
allowed for all veteran free agents who have been in the league three
or fewer seasons. However,
a first round draft pick becomes an unrestricted free agent
following his second or third season if his team does not exercise its
option
to extend the player's rookie scale contract for the next season.
All
other free agency is limited to unrestricted free agency.
In order to make their free agent a restricted free agent, a
team must submit a qualifying offer
to the player by June 30. The
amount of the qualifying offer for players on rookie "scale" contracts
is based on
the player's draft position (see question number 41).
The
qualifying offer for all
other players must be for 125% of the player's previous salary, or the
player's minimum salary (see question number 11)
plus $175,000, whichever is greater. The
qualifying offer must be for one season. A player can elect to
accept his qualifying offer (the qualifying offer must be accepted
by March 1) and play the
following season under its terms. This is sometimes done in order
to become an
unrestricted free agent the following summer (see question number 38).
If the player is coming off the fourth year of his rookie scale
contract, then in addition to a qualifying offer, his team can also
submit a maximum qualifying offer.
A maximum qualifying offer is
for six seasons at the maximum salary with 10.5% annual raises.
It can contain no options, ETOs or bonuses of any kind, and must be
fully guaranteed. When a team submits a maximum qualifying
offer (in essence "stepping up" with a maximum contract offer before
the player even hits the market), it places a more stringent
requirement on other teams' offer sheets (see below).
When another team wants to sign a restricted free agent, it signs
the player to an offer sheet,
the principal terms of which the original
team is given seven days to match. The offer sheet must be for at
least two seasons (not including option years). If the player's
prior team also submitted a maximum qualifying offer, then the offer
sheet must be for at least three seasons (not including option
years). If the player's
original team exercises its right of first
refusal by
matching the principal terms of the offer sheet, the player is then
under
contract to his original team. If
the player's original team does not exercise its right of first refusal
within seven days, the offer sheet becomes an official contract with
the
new team.
To summarize, a restricted free agent essentially has four options:
- He can accept his prior team's qualifying offer, play for one
season, and become a free agent again the following summer.
- He can accept his prior team's maximum qualifying offer (if
applicable, and if one has been submitted) and play under a long-term
contract at the maximum salary.
- He can sign an offer sheet with another team, which his prior
team is given the opportunity to match.
- He can negotiate a new contract with his prior team that is
independent of the qualifying offer or maximum qualifying offer.
There are additional restrictions placed on offer sheets
for players with one or two years in the league. These
restrictions are described in question number 37.
There can be no compensation given to a team in return for their not
matching an offer to a restricted free agent. For example,
Houston could not sign Golden State's restricted free agent, then send
Golden State a draft pick in exchange for their not matching the offer
and retaining the player.
If the team matches an offer sheet, they cannot trade the player in
a sign-and-trade arrangement (see question number 76).
A team can withdraw its qualifying offer to a restricted free
agent,
in which case the player becomes unrestricted. This happened with
Toronto and Keon Clark in 2002. The qualifying offer cannot be
withdrawn after July 23 without the player's approval.
A signed offer sheet can be
rescinded within the seven day waiting
period if all three parties (the player and the two teams) agree.
37. What is the
"Gilbert Arenas" provision?
With the previous CBA it was sometimes possible to sign
restricted free agents to offer sheets their original
teams couldn't
match. This happened when a player was an Early Bird or
Non-Bird free agent (see question number 19) and the
team didn't have enough cap room to match a sufficiently large
offer. For example, Gilbert Arenas was Golden State's second
round draft pick in 2001, and became an Early Bird free
agent in 2003. Golden State therefore could only match an
offer sheet (or sign Arenas themselves) for up to the average salary
(see question number 24), which was about $4.9
million. Washington signed Arenas to an offer sheet with a
starting salary of about $8.5 million, which Golden State was powerless
to match.
This loophole was addressed in the current CBA (although not closed
completely -- see below). Teams are now limited in the salary
they can offer in an offer sheet to a restricted free agent with one or
two years in the league. The first-year salary in the offer sheet
cannot be greater than the average salary (see question number
24). Limiting the first year salary in this way
guarantees that the player's original team will be able to match the
offer sheet by using the Early Bird exception (if applicable -- see
question number 19), or Mid-Level exception
(provided they haven't used it already).
The second year salary in such an offer sheet is limited to the
standard 8% raise. The third year salary can jump considerably --
it is allowed to be as high as it would have been had the first year
salary not been limited by this rule to the average salary.
Raises (and decreases) after the
third season are limited to 6.9% of the salary in the third
season. The offer sheet can only contain the large jump in the
third season if it provides the maximum salary allowed in the first two
seasons. In addition,
the offer must be guaranteed and cannot
contain bonuses of any kind.
If the raise in the third season exceeds the standard raise (8% of the
salary in the first season of the contract), then they place an
additional restriction on the team. In order to determine the
size of the offer the team can make, they don't fit just the first year
salary under the
cap. Instead, they must fit the average salary in the entire
contract under the cap. So a team $8 million under the
cap is limited to offering a total of $24 million over three years, $32
million over
four years, or $40 million over five years. If the offer sheet
does not contain a third-season raise larger than 8% of the
first-season salary, then they only have to fit the first year salary
under the cap.
Putting this all together, if a team is $11 million under the
cap, wants to submit a five year offer sheet, and wants to provide a
large raise in the third season, they can offer a total of $55
million. If the average salary is
$5 million, then the second year salary will be $5.4 million (8%
raise). This leaves $44.6 million to be distributed over the
final three seasons. With 6.9% raises in years four and five, the
entire contract looks like this:
Season
|
Salary
|
Notes
|
1
|
$5.0 million
|
Average salary amount
|
2
|
$5.4 million
|
8% raise over season 1
|
3
|
$13.907 million
|
This is the amount that yields
$44.6 million over the
final three seasons with 6.9% raises*
|
4
|
$14.867 million
|
Raise is 6.9% of season 3 salary
|
5
|
$15.826 million
|
Raise is 6.9% of season 3 salary
|
Total
|
$55 million
|
Average is $11 million, which
equals the team's cap room
|
* If you want to know how I got that exact amount, (for a five year
offer) you solve for (5R - 2.08A) / 3.207. R is the room the team
has under the cap. A is the average salary amount (e.g., $5
million). The 2.08 represents the salary in the first two seasons
(100% of the average, plus 108% of the average). The 3.207
represents the salary in the last three seasons, using 6.9% raises: 1.0
+ 1.069 + 1.138 = 3.207. Similarly, for a four year offer you
would solve for (4R - 2.08A) / 2.069.
For
the team making this offer, this contract would count for $11.0 million
(i.e., the average salary in the contract) of team salary in each of
the five seasons if they sign the
player. If the player's prior team matches the offer and keeps
the player, then the actual salary in each season counts as team
salary. The player's original team is allowed to use any
available exception
(e.g., the Mid-Level or the Early-Bird) to match the offer.
Since a team must fit the average salary from the entire contract under
the cap in order to offer the large third-season raise, a team must
have some amount of cap room above the average salary amount in order
to effectively utilize this provision. For example, suppose the
average salary amount is $5 million, and a team with $5.1 million of
cap room wants to provide a five year offer sheet. If they want
to offer a larger-than-normal third-year raise, then their cap room
will be determined by the contract's average salary, so the total
contract must pay $25.5 million or less. If they offer $5 million
and $5.4 million in the first two
seasons, then that leaves just $15.1 million for the final three
seasons -- so there must be a decrease in salary in the final three
seasons. A team in this situation is better off providing the
standard 8% raise in the third season, which does not trigger the cap
room requirement based on averaging. In this example, a five year
offer starting at $5 million with 8% raises would total $29.0 million.
As I said above, the loophole was addressed with this rule, but not
closed completely. This is because this provision is primarily
intended to protect teams
from losing their successful second round picks, who are Early-Bird
free agents after two years. There are several situations where a
team
still might be unable to match an offer sheet:
- If the player is a Non-Bird free agent and the team already used
their Mid-Level exception to sign another player.
- If the player is a Non-Bird or Early Bird free agent with three
years in the
league (this rule applies only to players with one or two years in the
league).
- If a team has two Non-Bird free agents with one or two years in
the league. They can use the Mid-Level exception to keep one of
them, but would lose the other.
This provision also ensures that second round picks can't cash in with
a maximum salary sooner than first round picks can.
38. Haven't some restricted free agents
gotten away anyway? How did this happen?
For one, the team can simply decide not to match the offer sheet.
If this happens, the offer sheet becomes an official contract
with the new team seven days.
With the previous CBA, it was sometimes possible to sign a
restricted free agent with one or two years experience to an offer
sheet that the player's original team could not match. This
loophole was closed in the current CBA, as described in question number
37.