Players and teams have to meet certain criteria to earn Bird rights and Early Bird rights, but Non-Bird rights are practically a given.
They apply to a player who has spent a single season or less with his team, as long as he finishes the season on an NBA roster and is on a standard contract (rather than a hardship or 10-day deal). Even a player who signs a rest-of-season contract right before the regular season finale and spends just a single day with his club would have Non-Bird rights in the offseason.
Teams can also claim Non-Bird rights on Early Bird free agents if they renounce them. The primary motivator to do so would be to allow the team to sign the free agent to a one-year contract, a move that’s not permitted via Early Bird rights.
Teams are eligible to sign their own free agents using the Non-Bird exception for a salary starting at 120% of the player’s previous salary, 120% of the minimum salary, or the amount of a qualifying offer (if the player is a restricted free agent), whichever is greatest. Contracts can be for up to four years, with 5% annual raises.
The cap hold for a Non-Bird player is 120% of his previous salary, unless his previous salary was the minimum. In that case, the cap hold is equivalent to the two-year veteran’s minimum salary. If a Non-Bird free agent only has one year of NBA experience, his cap hold is equivalent to the one-year veteran’s minimum salary.
The salary limitations that apply to Non-Bird rights are more severe than those pertaining to Bird rights or Early Bird rights, so in many cases, the Non-Bird exception may not be enough to retain a well-regarded free agent. For instance, the Bucks held Malik Beasley‘s Non-Bird rights last summer, but couldn’t have used them to match or exceed the offer the veteran wing received from the Pistons.
Because Beasley was on a minimum-salary contract in 2023/24, Milwaukee’s ability to offer a raise using the Non-Bird exception was extremely limited — the Bucks would have only been able to offer 120% of Beasley’s minimum salary using his Non-Bird rights, which worked out to $3,586,260. Detroit used its cap room to give Beasley a one-year, $6MM contract, easily topping Milwaukee’s maximum offer.
The Sixers may end up in a similar situation this offseason with Guerschon Yabusele, who will only have Non-Bird rights after playing out a one-year, minimum-salary contract. Philadelphia will only be able to offer him up to 120% of his 2025/26 minimum salary using the Non-Bird exception. That would work out to a projected $2.85MM.
Given how well Yabusele has performed this season, that likely won’t be enough to retain them, meaning the cap-strapped Sixers could have trouble making a competitive offer for the big man unless they can free up some mid-level exception money.
Holding Non-Bird rights on a free agent didn’t help the Bucks with Beasley and might not be enough for the Sixers with Yabusele, but there are cases in which the exception proves useful.
The Celtics, for instance, only had Non-Bird rights on Neemias Queta last offseason, but that gave them the ability to offer him a three-year contract, exceeding the one- or two-year minimum-salary offer they could have made if he were an outside free agent. Non-Bird rights also came in handy for a series of players involved in sign-and-trades, including Cody Zeller (Pelicans to Hawks), Charlie Brown Jr. (Knicks to Hornets), and Shake Milton (Knicks to Nets).
The higher a player’s previous salary is, the less restrictive his Non-Bird rights are. For example, after signing with the Spurs last summer, Chris Paul will only have Non-Bird rights this summer, but San Antonio would have significantly more flexibility than Denver will with Westbrook, since Paul is earning a $10.46MM base salary this season. The Spurs could offer Paul a starting salary of up to $12.55MM (120% of $10.46MM) using the Non-Bird exception.
Finally, it’s worth noting that a player who re-signs with his previous team on a one-year deal (or a two-year deal that includes a second-year option) and will have Early Bird or Bird rights at the end of that contract would surrender those rights if he consents to a trade. In that scenario, he’d only finish the season with Non-Bird rights. No players in that position this year consented to a trade.
Note: This is a Hoops Rumors Glossary entry. Our glossary posts will explain specific rules relating to trades, free agency, or other aspects of the NBA’s Collective Bargaining Agreement. Larry Coon’s Salary Cap FAQ was used in the creation of this post.
Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron.