Hoops Rumors Glossary

Hoops Rumors Glossary: Non-Bird Rights

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. Even a player who signs on the last day of the regular season and spends just one 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 the 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 Sixers held Alec Burks‘s Non-Bird rights last summer, but couldn’t have used them to match or exceed the offer the veteran wing received from the Knicks.

Because Burks had been on a minimum-salary contract in 2019/20, Philadelphia’s ability to offer a raise using the Non-Bird exception was extremely limited — the 76ers would have only been able to offer 120% of the veteran’s minimum using his Non-Bird rights, whereas the Knicks’ $6MM offer easily topped that. If they’d badly wanted to retain Burks, the 76ers would have had to use cap room or another exception to make a competitive offer.

The Lakers will be in a similar situation this offseason with Andre Drummond, who will only have Non-Bird rights. If L.A. wants to retain Drummond, the team will have to use cap room or its mid-level exception to make its best offer, since they’ll be limited to a starting salary in the $3MM range via the Non-Bird exception.

Holding Non-Bird rights on a free agent didn’t really help the Sixers with Burks and it won’t help the Lakers with Drummond, but there are cases in which the exception proves useful.

For instance, the Clippers only had Non-Bird rights on Marcus Morris last offseason, but because his ’19/20 salary was $15MM, Los Angeles was able to offer a starting salary worth any amount up to $18MM (120% of his previous salary). That gave the club plenty of flexibility to re-sign Morris without using cap room or another exception — he received a four-year, $64MM contract.

Another deal completed by the Clippers in November provides an example of a team using Non-Bird rights on a minimum-salary player. Patrick Patterson, whose minimum salary would have been $2,564,753 in 2020/21, was eligible to sign for up to 120% of that amount via the Non-Bird exception. As such, his one-year deal with Los Angeles is worth $3,077,704.

Finally, it’s worth noting that a player who re-signs with his previous team on a one-year deal 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.

This happened to James Ennis in 2020, when he agreed to a trade that sent him from Philadelphia to Orlando. Ennis would have had Early Bird rights if he had finished the season with the Sixers, but allowing the trade meant he only had Non-Bird rights during the 2020 offseason. As a result, the Magic had to use a portion of their mid-level exception to re-sign him to a one-year, $3.3MM deal that could’ve otherwise been completed with the Early Bird exception.

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. Photo courtesy of USA Today Sports Images.

Hoops Rumors Glossary: Early Bird Rights

Bird rights offer teams the chance to sign their own free agents without regard to the salary cap, but they don’t apply to every player. Other salary cap exceptions are available for teams to keep players who don’t qualify for Bird rights. One such exception is the Early Bird, which applies to players formally known as Early Qualifying Veteran Free Agents.

While the Bird exception is for players who have spent three seasons with one club without changing teams as a free agent, Early Bird rights are earned after just two such seasons. Virtually all of the same rules that apply to Bird rights apply to Early Bird rights, with the requirements condensed to two years rather than three. Players still see their Bird clocks restart by changing teams via free agency, being claimed in an expansion draft, or having their rights renounced.

As is the case with Bird rights, a player’s clock stops when he’s released by a team and clears waivers, but it would pick up where it left off if he re-signs with that same team down the road without joining another club in the interim. For instance, if Glenn Robinson III – released by the Kings earlier this season before the end of his one-year contract – were to sign a new one-year deal with Sacramento during the 2021 offseason, the team would have his Early Bird rights in the 2022 offseason.

The crucial difference between Bird rights and Early Bird rights involves the limitations on contract offers. Bird players can receive maximum-salary deals for up to five years, while the most a team can offer an Early Bird free agent without using cap space is 175% of his previous salary (up to the max) or 105% of the league-average salary in the previous season, whichever is greater.

These offers are also capped at four years rather than five, and the new contracts must run for at least two years — the second year can be non-guaranteed, but can’t be a team or player option.

Richaun Holmes (Kings), Danny Green (Sixers), Derrick Rose (Knicks), T.J. McConnell (Pacers), and Enes Kanter (Trail Blazers) are among the most notable free agents who will have Early Bird rights at the end of the 2020/21 season.

In some instances, teams can benefit from having Early Bird rights instead of full Bird rights if they’re trying to preserve cap space. The cap hold for an Early Bird player is 130% of his previous salary, significantly less than most Bird players, whose cap holds range from 150-300% of their previous salaries.

That could help a team like the Knicks, who project to have cap space in the 2021 offseason. The cap hold for Rose, who is earning $7.68MM this season, will be a shade under $10MM. His starting salary on a new deal could be higher than that.

If the Knicks reach an agreement to re-sign Rose near the start of free agency, they could wait to make it official, keeping his cap hold on the books until they use the rest of their cap room, maximizing that space. Then they could go over the cap to finalize Rose’s deal using the Early Bird exception.

However, having a player’s Early Bird rights instead of his full Bird rights puts a team at a disadvantage in other cases. For instance, when Christian Wood reached free agency last offseason, his Early Bird rights only allowed the Pistons to offer a starting salary of up to about $10.05MM, a figure the Rockets topped in their three-year, $41MM offer.

In order to match or exceed that number, Detroit would have had to use cap room — having Wood’s full Bird rights would’ve allowed the Pistons to make a far more substantial offer without cap space. The Kings could find themselves in a similar dilemma with Holmes this summer.

Meanwhile, some players with limited NBA experience are subject to a special wrinkle involving Early Bird rights, called the Gilbert Arenas Provision, which applies to players who have only been in the league for one or two years. We cover the Arenas Provision in a separate glossary entry, so you can read up on the details there. It would apply this offseason to a player like Lakers wing Talen Horton-Tucker.

Finally, one more distinction between Bird rights and Early Bird rights applies to waivers. Players who are claimed off waivers retain their Early Bird rights, just as they would if they were traded. Those who had Bird rights instead see those reduced to Early Bird rights if they’re claimed off waivers. This rule stems from a 2012 settlement between the league and the union in which J.J. Hickson was given a special exception and retained his full Bird rights for the summer of 2012 even though he had been claimed off waivers that March.

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 and salary information from Basketball Insiders was used in the creation of this post.

Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron. Photo courtesy of USA Today Sports Images.

Hoops Rumors Glossary: Bird Rights

The Bird exception, named after Larry Bird, is a rule included in the NBA’s Collective Bargaining Agreement that allows teams to go over the salary cap to re-sign their own players. A player who qualifies for the Bird exception, formally referred to as a Qualifying Veteran Free Agent, is said to have “Bird rights.”

The most basic way for a player to earn Bird rights is to play for the same team for at least three seasons, either on a long-term deal or on separate one- or two-year contracts. Still, there are other criteria. A player retains his Bird rights in the following scenarios:

  1. He changes teams via trade. For instance, the Celtics will hold Evan Fournier‘s Bird rights when he reaches free agency this offseason, despite just acquiring him in March. His Bird clock didn’t reset when he was traded from Orlando to Boston.
  2. He finishes a third season with a team after having only signed for a partial season with the club in the first year. The Heat signed Kendrick Nunn and Duncan Robinson during the final week of the 2018/19 season. When their contracts expire during the 2021 offseason, they’ll have full Bird rights because those few days they spent with Miami at the end of ’18/19 started their respective Bird clocks.
  3. He signed for a full season in year one or two but the team waived him, he cleared waivers, and didn’t sign with another team before re-signing with the club and remaining under contract through a third season. This one’s a little confusing, but let’s use Glenn Robinson III as an example. Partway through his one-year contract with the Kings this season, Robinson was waived. He has yet to join a new team. If the Kings were to re-sign Robinson to a two-year contract in the offseason, without him joining a new team in the interim, they’d have his full Bird rights at the end of that deal.

A player sees the clock on his Bird rights reset to zero in the following scenarios:

  1. He changes teams via free agency.
  2. He is waived and is not claimed on waivers (except as in scenario No. 3 above).
  3. His rights are renounced by his team. However, his Bird clock picks up where it left off if he re-signs with that team without having signed with another NBA team. For example, Bismack Biyombo had full Bird rights last offseason, then had those rights renounced by the Hornets as the team attempted to gain extra cap room. Since Biyombo eventually signed a new one-year deal with Charlotte, he’ll regain his full Bird rights this summer — that wouldn’t have been the case if he had signed with a new team.
  4. He is selected in an expansion draft.

If a player who would have been in line for Bird rights at the end of the season is waived and claimed off waivers, he would retain only Early Bird rights. Meanwhile, a player with Bird rights who re-signs with his previous team on a one-year contract (or a one-year deal with a second-year option) would lose his Bird rights if he’s traded. As such, he receives the ability to veto trades so he can avoid that scenario.

[RELATED: Players with the ability to veto trades in 2020/21]

When a player earns Bird rights, he’s eligible to re-sign with his team for up to five years and for any price up to his maximum salary (with 8% annual raises) when he becomes a free agent, regardless of how much cap room the team has. The maximum salary varies from player to player depending on how long he has been in the league, but regardless of the precise amount, a team can exceed the salary cap to complete the deal.

A team with a Bird free agent is assigned a “free agent amount” or cap hold worth either 190% of his previous salary (for a player with a below-average salary) or 150% of his previous salary (for an above-average salary), up to the maximum salary amount. For players coming off rookie scale contracts, the amounts of those cap holds are 300% and 250%, respectively.

The Hawks, for instance, will have a cap hold worth $12,411,906 for John Collins on their 2021/22 books — 300% of his $4,137,302 salary for ’20/21. Atlanta could renounce Collins and generate an extra $12MM+ in cap flexibility, but the Hawks would then lose the ability to re-sign him using Bird rights, which would force them to use either cap room or a different cap exception to re-sign him. As such, it’s a safe bet that Atlanta will keep Collins’ cap hold on its books until his free agency is resolved.

Ultimately, the Bird exception was designed to allow teams to keep their best players. The CBA ensures that teams are always able to re-sign them to contracts up to the maximum salary, assuming the player is interested in returning and his team is willing to go over the cap.

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 and salary information from Basketball Insiders was used in the creation of this post.

Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron. Photo courtesy of USA Today Sports Images.

Hoops Rumors Glossary: Poison Pill Provision

The poison pill provision isn’t technically a term that is defined in the NBA’s Collective Bargaining Agreement. However, the concept of a “poison pill” has colloquially come to refer to a pair of NBA concepts.

The first of those concepts relates to the Gilbert Arenas Provision, which we’ve explained in a separate glossary entry. When a team uses the Arenas provision to sign a restricted free agent to an offer sheet, that team can include a massive third-year raise that is often referred to as a “poison pill.”

No current NBA contracts fit this bill, but the one Tyler Johnson signed in 2016 did — the Nets included a third-year raise in that four-year offer sheet. After the Heat matched, they had to deal with Johnson’s cap hit jumping from $5.88MM in the second year of his contract to $19.45MM in the third year.

However, the concept we’re focusing on today doesn’t involve Johnson, the Arenas provision, or RFA offer sheets. Instead, this second meaning of the “poison pill” relates to players who recently signed rookie scale extensions, something 10 players did in 2020.

The “poison pill provision” arises if a team extends a player’s rookie scale contract, then trades him before the extension officially takes effect. It’s not a situation that arises often, but it features its own set of rules, since extensions following rookie contracts often create a large gap between a player’s current and future salaries.

For salary-matching purposes, if a player is traded between the time his rookie contract is extended and the start of the following league year (when that extension takes effect), the player’s incoming value for the receiving team is the average of his current-year salary and the annual salary in each year of his extension. His current team, on the other hand, simply treats his current-year salary as the outgoing figure for matching purposes.

Let’s use Kyle Kuzma as an example. Kuzma signed a three-year, $39MM rookie scale extension with the Lakers this year, which locks him up through the 2023/24 season, assuming he picks up his final-year player option. However, he’s only on the books for $3,562,178 in 2018/19.

If the Lakers sought to trade Kuzma this season, the poison pill provision would complicate their efforts. From Los Angeles’ perspective, Kuzma’s current-year cap hit ($3,562,178) would represent his outgoing salary for matching purposes. However, any team acquiring Kuzma would have to view his incoming value as $10,640,545 — that’s the annual average of the four years and $42,562,178 he has left when accounting for both his new and old contracts.

As we explain in our glossary entry on the traded player exception, NBA rules dictate that over-the-cap teams must send and receive approximately the same amount of salary in any trade. So applying the poison pill provision to a player like Kuzma and creating a $7MM+ discrepancy between how two trade partners account for him would make salary-matching much more difficult than usual, especially since so many teams this season are hovering around the luxury-tax and hard-cap thresholds.

Trades involving a player who recently signed a rookie scale extension are already rare. After all, those players are generally young, and a player who signed an extension is promising enough to have warranted a long-term investment. Those aren’t the type of players that teams typically move, so it’s not as if guys like Jayson Tatum, Donovan Mitchell, Bam Adebayo, and De’Aaron Fox would be trade candidates this season anyway.

The poison poll provision further disincentivizes a deal involving one of those recently-extended players by complicating salary-matching rules, making those trades even rarer. In other words, even the players who could theoretically be available just months after signing rookie scale extensions, such as Kuzma or Clippers sharpshooter Luke Kennard, are unlikely to be dealt this season.

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 was published in 2012 and 2018. Photo courtesy of USA Today Sports Images.

Hoops Rumors Glossary: Traded Player Exception

Relying on the trade machines at ESPN.com or TradeNBA.com may be the simplest way for NBA fans to verify whether or not a trade will work under league rules, but it’s worth examining the primary tool in the NBA’s Collective Bargaining Agreement that determines a trade’s viability — the traded player exception.

Teams with the cap room necessary to make a trade work don’t need to abide by traded player exception rules. However, if a team makes a deal that will leave its total salary more than $100K above the salary cap, the club can use a traded player exception to ensure the trade is legal under CBA guidelines.

There are two different types of traded player exceptions used in NBA deals. One applies to simultaneous trades, while the other applies to non-simultaneous deals.

In a simultaneous trade, a team can send out one or more players and can acquire more salary than it gives up. In a non-simultaneous trade, only a single player can be dealt, and the team has a year to take back the equivalent of that player’s salary, plus $100K.

Let’s look into each scenario in greater detail….


Simultaneous:

In a simultaneous trade, different rules applies to taxpaying and non-taxpaying clubs. A non-taxpaying team can trade one or more players and take back….

  1. 175% of the outgoing salary (plus $100K), for any amount up to $6,533,333.
  2. The outgoing salary plus $5MM, for any amount between $6,533,333 and $19,600,000.
  3. 125% of the outgoing salary (plus $100K), for any amount above $19,600,000.

Here’s a recent example of these rules in effect:

Read more

Hoops Rumors Glossary: Gilbert Arenas Provision

Gilbert Arenas hasn’t played in the NBA since 2012, but his legacy lives on in the NBA’s Collective Bargaining Agreement. The NBA introduced the Gilbert Arenas provision in the 2005 CBA as a way to help teams retain their restricted free agents who aren’t coming off standard rookie scale contracts.

While Arenas isn’t specifically named in the CBA, the rule colloquially known as the Arenas provision stems from his own restricted free agency in 2003. At the time, the Warriors only had Early Bird rights on Arenas, who signed an offer sheet with the Wizards starting at about $8.5MM. Because Golden State didn’t have $8.5MM in cap room and could only offer Arenas a first-year salary of about $4.9MM using the Early Bird exception, the Warriors were unable to match the offer sheet and lost Arenas to Washington.

The Arenas provision limits the first-year salary that rival suitors can offer restricted free agents who have only been in the league for one or two years. The starting salary for an offer sheet can’t exceed the amount of the non-taxpayer mid-level exception, which allows the player’s original team to use either the mid-level exception or the Early Bird exception to match it. Otherwise, a team without the necessary cap space would be powerless to keep its player, like the Warriors were with Arenas.

An offer sheet from another team can still have an average annual salary that exceeds the non-taxpayer’s mid-level, however. The annual raises are limited to 5% between years one and two, and 4.5% between years three and four, but a team can include a significant raise between the second and third years of the offer.

As long as the first two years of a team’s offer sheet are for the highest salary possible, the offer is fully guaranteed, and there are no incentives included, the third-year salary of the offer sheet can be worth up to what the player’s third-year maximum salary would have been if not for the Arenas restrictions.

Based on a projected three percent salary cap increase for 2021/22, here’s the maximum offer sheet a first- or second-year RFA could receive this coming summer:

Year Salary Comment
2021/22 $9,536,000 Value of non-taxpayer’s mid-level exception.
2022/23 $10,012,800 5% raise on first-year salary.
2023/24 $30,913,906 Maximum third-year salary for a player with 1-2 years in NBA.
2024/25 $32,305,032 4.5% raise on third-year salary.
Total $82,767,738 Average annual salary of $20,691,935.

In order to make the sort of offer outlined above, a team must have enough cap room to accommodate the average annual value of the contract. So a team with $21MM in cap space could extend this offer sheet to a first- or second-year RFA. But a team with only $17MM in cap space would have to reduce the third- and fourth-year salaries in its offer sheet to get the overall average salary of the offer down to $17MM per year, despite being able to comfortably accommodate the first-year salary.

The application of the Arenas provision is infrequent, since first- and second-year players who reach free agency rarely warrant such lucrative contract offers. First-round picks sign four-year rookie deals when they enter the NBA, so the Arenas provision generally applies to second-round picks or undrafted free agents whose first NBA contracts were only for one or two years.

The Arenas provision hasn’t been used for the last several offseasons. Based on our data, it was last relevant during the 2016 offseason, when multiple teams made use of the Arenas provision as they attempted to pry restricted free agents from rival teams.

One relevant example from that summer was Tyler Johnson‘s restricted free agency with Miami. The Heat had Early Bird rights on Johnson, who had only been in the NBA for two seasons. The Nets attempted to pry him away with an aggressive offer sheet that featured salaries of $5,628,000, $5,881,260, $19,245,370, and $19,245,370. It wasn’t the maximum that Brooklyn could have offered Johnson, but the massive third-year raise was a tough pill for Miami to swallow.

Overall, the deal was worth $50MM for four years. If the Heat had declined to match it, the Nets would have flattened out those annual cap hits to $12.5MM per year, the average annual value of the deal. However, due to the Arenas provision, Miami was able to match Brooklyn’s offer sheet with the Early Bird exception, even though the Heat wouldn’t have been able to directly offer Johnson a four-year, $50MM contract using the Early Bird exception.

When a team matches an Arenas-provision offer sheet, it also has the option of flattening those cap charges. However, that option is only available if the team has the cap room necessary to accommodate the average annual value of the deal. Otherwise, the club has to keep the unbalanced cap charges on its books. When Johnson’s cap hit for the Heat jumped from $5,881,260 to an eye-popping $19,245,370 in 2018/19, it became an albatross — the team eventually sent him to Phoenix in a salary-dump deal at the 2019 deadline.

This coming offseason, there aren’t many restricted free agents who will be candidates for an Arenas-provision offer sheet. A handful of intriguing RFAs-to-be, including Duncan Robinson, Devonte’ Graham, and Gary Trent Jr., were former second-round picks or undrafted free agents, but they’ll all have three years of NBA experience when they hit the open market, so the Arenas rule won’t apply to them.

The best candidate for an Arenas-provision offer sheet may be Lakers wing Talen Horton-Tucker, who turned heads during a strong preseason in December. However, Horton-Tucker’s regular season playing time has been limited and his production has been modest. Teams may be tempted to put pressure on the Lakers by presenting THT with an aggressive offer sheet, but unless he takes another major step forward, it’d be surprising to see him get a three- or four-year free agent offer worth more than the standard non-taxpayer’s MLE.

Finally, just because a club is given the opportunity to use the Arenas provision to keep its restricted free agent doesn’t mean it will necessarily have the means. Here are a few situations in which the Arenas provision wouldn’t help a team keep its restricted free agent:

  • If a team only has the taxpayer mid-level exception or room exception available, it would be unable to match an offer sheet for a Non-Bird free agent if the starting salary exceeds the taxpayer mid-level or room exception amount.
  • A team would be unable to match an offer sheet for a Non-Bird free agent if it uses its mid-level exception on another player, including another one of its own Non-Bird free agents. A team could use Early Bird rights to match if those rights are available, however.
  • If the player is a Non-Bird or Early Bird free agent with three years of NBA experience, the Arenas provision would not apply — only players with one or two years in the league are eligible.

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 2012, 2015, and 2018 by Luke Adams and Chuck Myron. Photo courtesy of USA Today Sports Images.

Hoops Rumors Glossary: Gilbert Arenas Provision

Gilbert Arenas hasn’t played in the NBA since 2012, but his legacy lives on in the NBA’s Collective Bargaining Agreement. The NBA first introduced the Gilbert Arenas provision in the 2005 CBA as a way to help teams retain their restricted free agents who aren’t coming off standard rookie scale contracts.

While Arenas isn’t specifically named in the CBA, the rule colloquially known as the Arenas provision stems from his own restricted free agency in 2003. At the time, the Warriors only had Early Bird rights on Arenas, who signed an offer sheet with the Wizards starting at about $8.5MM. Because Golden State didn’t have $8.5MM in cap room and could only offer Arenas a first-year salary of about $4.9MM using the Early Bird exception, the Warriors were unable to match the offer sheet and lost Arenas to Washington.

The Arenas provision, created to help avoid similar situations, limits the first-year salary that rival suitors can offer restricted free agents who have only been in the league for one or two years. The starting salary for an offer sheet can’t exceed the amount of the non-taxpayer’s mid-level exception, which allows the player’s original team to use either the mid-level exception or the Early Bird exception to match it. Otherwise, a team without the necessary cap space would be powerless to keep its player, like the Warriors were with Arenas.

An offer sheet from another team can still have an average annual salary that exceeds the non-taxpayer’s mid-level, however. The annual raises are limited to 5% between years one and two, and 4.5% between years three and four, but a team can include a significant raise between the second and third years of the offer.

As long as the first two years of a team’s offer sheet are for the highest salary possible, the offer is fully guaranteed, and there are no incentives included, the third-year salary of the offer sheet can be worth up to what the player’s third-year maximum salary would have been if not for the Arenas restrictions.

If we assume the salary cap for 2020/21 will remain unchanged ($109.141MM), the maximum offer sheet a first- or second-year RFA could receive this offseason would look like this:

Year Salary Comment
2020/21 $9,258,000 Value of non-taxpayer’s mid-level exception.
2021/22 $9,720,900 5% raise on first-year salary.
2022/23 $31,650,600 Maximum third-year salary for a player with 1-2 years in NBA.
2023/24 $33,074,877 4.5% raise on third-year salary.
Total $83,704,377 Average annual salary of $20,926,094.

In order to make the sort of offer outlined above, a team must have enough cap room to accommodate the average annual value of the contract. So a team with $21MM in cap space could extend this offer sheet to a first- or second-year RFA. But a team with only $17MM in cap space would have to reduce the third- and fourth-year salaries in its offer sheet to get the overall average salary of the offer down to $17MM per year.

The application of the Arenas provision is infrequent, since first- and second-year players who reach free agency rarely warrant such lucrative contract offers. First-round picks sign four-year rookie deals when they enter the NBA, so the Arenas provision generally applies to second-round picks or undrafted free agents whose first NBA contracts were only for one or two years.

One noteworthy example of the Arenas provision at work was Tyler Johnson‘s restricted free agency in 2016. The Heat had Early Bird rights on Johnson, who had only been in the NBA for two seasons. The Nets attempted to pry him away with an aggressive offer sheet that featured salaries of $5,628,000, $5,881,260, $19,245,370, and $19,245,370. It wasn’t the maximum that Brooklyn could have offered Johnson, but the massive third-year raise was a tough pill for Miami to swallow.

Overall, the deal was worth $50MM for four years. If the Heat had declined to match it, the Nets would have flattened out those annual cap hits to $12.5MM per year, the average annual value of the deal. However, due to the Arenas provision, Miami was able to match Brooklyn’s offer sheet with the Early Bird exception, even though the Heat wouldn’t have been able to offer Johnson a four-year, $50MM contract using the Early Bird exception outright.

When a team matches an Arenas-provision offer sheet, it also has the option of flattening those cap charges. However, that option is only available if the team has the cap room necessary to accommodate the average annual value of the deal. Otherwise, the club has to keep the unbalanced cap charges on its books. That’s why Johnson’s cap hit for the Heat jumped from $5,881,260 in 2017/18 to an eye-popping $19,245,370 in 2018/19, essentially turning the young guard from a good value to a salary-dump candidate overnight.

In 2020, there aren’t many restricted free agents who will be candidates for an Arenas-provision offer sheet. Top RFAs like Brandon Ingram and Bogdan Bogdanovic have four years of experience, so the rule won’t apply to them. The best candidate for an Arenas-provision offer sheet may be Grizzlies guard De’Anthony Melton, who emerged as an important rotation player in his second NBA season. But I’d be pretty surprised if Melton gets an offer worth more than the standard non-taxpayer’s MLE.

Finally, just because a club is given the opportunity to use the Arenas provision to keep its restricted free agent doesn’t mean it will necessarily have the means. Here are a few situations in which the Arenas provision wouldn’t help a team keep its restricted free agent:

  • If the team only had the taxpayer mid-level exception or room exception available, it would be unable to match an offer sheet for a Non-Bird free agent if the starting salary exceeded the taxpayer mid-level or room exception amount.
  • A team would be unable to match an offer sheet for a Non-Bird free agent if it used its mid-level exception on another player, including another one of its own Non-Bird free agents. A team could use Early Bird rights to match if those rights are available, however.
  • If the player is a Non-Bird or Early Bird free agent with three years of NBA experience, the Arenas provision would not apply — only players with one or two years in the league are eligible.

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. Photos courtesy of USA Today Sports Images.

Hoops Rumors Glossary: Hard Cap

The NBA’s salary cap is a “soft” cap, which is why every single club’s team salary comfortably surpassed $109,141,000 at some point during the 2019/20 season. Once a team uses up all of its cap room, it can use a series of exceptions, including the mid-level, bi-annual, and various forms of Bird rights, to exceed the cap.

Since the NBA’s Collective Bargaining Agreement doesn’t feature a “hard” cap by default, teams can construct rosters that not only exceed the cap but also blow past the luxury tax line ($132,627,000 in ’19/20). While it would be nearly impossible in practical terms, there’s technically no rule restricting a club from having a team salary worth double or triple the salary cap.

However, there are certain scenarios in which a team can be hard-capped. Those scenarios are as follows:

  1. The team uses its bi-annual exception to sign a player.
  2. The team uses more than the taxpayer portion of the mid-level exception to sign a player (or multiple players).
    • Note: In 2019/20, the taxpayer MLE was worth $5,718,000, compared to $9,258,000 for the full non-taxpayer MLE.
  3. The team acquires a player via sign-and-trade.

A team making any of those three roster moves must ensure that its team salary is below the “tax apron” when it finalizes the transaction and stays below the apron for the rest of the league year. The tax apron was set $6MM above the luxury tax line in 2017/18 (the first year of the current Collective Bargaining Agreement) and creeps up a little higher each season as long as the cap keeps increasing.

For the 2019/20 league year, the tax apron – and the hard cap for certain clubs – was set at $138,928,000. Assuming the cap doesn’t change by much for the 2020/21, the apron figures to remain relatively unchanged for next season.

Last offseason, before the Warriors acquired D’Angelo Russell in a sign-and-trade deal, they had to dump Andre Iguodala‘s $17MM+ salary in a trade and waive Shaun Livingston‘s partially guaranteed contract to ensure their team salary was below the apron upon acquiring Russell.

Golden State then had to remain below the apron for the rest of the season, which was why the team spent much of the year carrying fewer than 15 players on standard contracts — even an extra minimum-salary player would’ve compromised the Warriors’ ability to stay below the hard cap. Golden State made some trades at the deadline that created some breathing room below the apron and allowed the club to fill its 15-man roster.

Many other teams technically faced hard caps during the 2020/21 season, but the Warriors were the team most affected by the restrictions imposed upon them. Most of the other teams with hard caps never got close to the $138,928,000 apron.

Once the 2020/21 league year officially gets underway, the Warriors will no longer be subject to the hard cap. And as long as they don’t use their bi-annual exception, acquire a player via sign-and-trade, or use more than the taxpayer portion of the mid-level, they won’t face a hard cap next season. So even though the Dubs already have a projected $142MM+ in guaranteed money on the books for ’20/21, they’ll still be able to make full use of their $17MM+ trade exception and $5.72MM taxpayer MLE if they so choose.

Finally, it’s worth noting that even though the Warriors will likely start the 2020/21 league year above the apron, that doesn’t mean they can’t become hard-capped at some point later in ’20/21. For example, if Golden State kicked off the offseason by trading Andrew Wiggins‘ $29.5MM contract without taking back any salary in return, then subsequently used its full, non-taxpayer mid-level exception, the team would once again be prohibited from surpassing the apron for the rest of the league year.

In other words, the hard cap applies from the moment a team completes one of the three transactions listed above, but isn’t applied retroactively.

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 and the Basketball Insiders salary pages were used in the creation of this post.

Photo courtesy of USA Today Sports Images.

Hoops Rumors Glossary: Waivers

When a team releases a player, he doesn’t immediately become a free agent. Instead, the player is placed on waivers, which serves as a sort of temporary holding ground as the other 29 NBA teams decide if they want to try to add him to their roster.

A player remains on waivers for at least 48 hours after he is formally cut by his team. During that time, a team can place a waiver claim in an attempt to acquire the player. If two or more clubs place a claim, the team with the worst record takes priority (before December 1, records from the previous season determine waiver order).

If a team claims a player off waivers, it assumes his current contract and is on the hook for the remainder of his salary. The claiming team also pays a $1,000 fee to the NBA office. If no claims are placed on the player, he clears waivers at 4:00 pm CT two days after his release (or three days later, if he was cut after 4:00 pm CT) and becomes an unrestricted free agent.

While the waiver format is simple enough, not every team will have the salary cap flexibility to make a claim for any waived player it wants. There are only a handful of instances in which a club is able to claim a player off waivers:

  • The team is far enough under the salary cap to fit the player’s entire salary.
  • The team has a traded player exception worth at least the player’s salary.
  • The team has a disabled player exception worth at least the player’s salary, and he’s in the last year of his contract.
  • The player’s contract is for one or two seasons and he’s paid the minimum salary.
  • The player is on a two-way contract.

Since most NBA teams go over the cap and sizable TPEs and DPEs are somewhat rare, the majority of players who are claimed off waivers are either on minimum salary contracts or two-way deals. Claiming those players simply requires an open roster slot.

More often than not though, waived players go unclaimed. In that case, the player’s original team remains on the hook for the rest of his salary. Unless the player is in the final year of his contract and is waived after August 31, his club has the option of “stretching” his remaining cap hit(s) over multiple years using the stretch provision, which we explain in a separate glossary entry. A team that waives a player and uses the stretch provision on him cannot re-acquire that player until after his contract would have originally expired.

In the case of any player without a fully guaranteed contract, the non-guaranteed portion of a player’s salary is removed from a club’s cap immediately once the player is waived.

When a player is “bought out” by his club, he’s placed on waivers as part of the agreement. He and his team agree to adjust the guaranteed portion of his contract, reducing the amount owed to the player by the team, assuming he clears waivers.

Here are several more notes related to waiver rules:

  • Players can be waived and claimed off waivers during the July moratorium (or, in 2020, during the October moratorium).
  • A player waived after March 1 is ineligible for the postseason if he signs with a new team.
  • A player on an expiring contract can’t be waived between the end of the regular season and the start of the next league year.
  • A player claimed off waivers can’t be traded for 30 days. If he’s claimed during the offseason, he can’t be traded until the 30th day of the regular season.
  • If a player is traded and then is waived by his new team, he cannot re-sign with his old club until one year after the trade or until the July 1 after his original contract would have expired, whichever is earlier.
  • A player who has Early Bird or full Bird rights retains Early Bird rights if he’s claimed off waivers.
  • If a team makes a successful waiver claim, it doesn’t lose its spot in the waiver order — the 30th-ranked team at the end of a season remains atop the waiver priority list until December 1 of that year, even if that team makes multiple offseason claims.
  • A team with a full roster can submit a waiver claim and wouldn’t have to clear a spot on its roster for a claimed player until it is determined that the claim is successful.

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 2012 and 2018.

Hoops Rumors Glossary: NBA Draft Lottery

The NBA’s draft lottery, which takes place annually between the end of the regular season and the draft, is the league’s way of determining the draft order and disincentivizing second-half tanking. The lottery gives each of the 14 non-playoff teams – or whichever clubs hold those teams’ first-round picks – a chance to land one of the top four selections in the draft.

Although the top four picks of each draft are up for grabs via the lottery, the remaining order is determined by record, worst to best. The league’s worst team isn’t guaranteed a top-four spot in the draft, but is tied for the best chance to land the first overall pick and will receive the fifth overall selection at worst.

The first four picks are determined by a draw of ping-pong balls numbered 1 through 14. Four balls are drawn, resulting in a total of 1,001 possible outcomes. 1,000 of those outcomes are assigned to the 14-non playoff teams — for instance, if balls numbered 4, 7, 8, and 13 were chosen, that combination would belong to one of the 14 lottery teams. The 1,001st combination remains unassigned, and a re-draw would occur if it were ever selected.

The team whose combination is drawn first receives the number one overall pick, and the process is repeated to determine picks two, three, and four. The 14 teams involved in the draft lottery are all assigned a specific number of combinations, as follows (worst to best):

  1. 140 combinations, 14.0% chance of receiving the first overall pick
  2. 140 combinations, 14.0%
  3. 140 combinations, 14.0%
  4. 125 combinations, 12.5%
  5. 105 combinations, 10.5%
  6. 90 combinations, 9.0%
  7. 75 combinations, 7.5%
  8. 60 combinations, 6.0%
  9. 45 combinations, 4.5%
  10. 30 combinations, 3.0%
  11. 20 combinations, 2.0%
  12. 15 combinations, 1.5%
  13. 10 combinations, 1.0%
  14. 5 combinations, 0.5%

If two lottery teams finish the season with identical records, each team receives an equal chance at a top-four pick by averaging the total amount of outcomes for their two positions. For instance, if two teams tie for the league’s fourth-worst record, each club would receive 115 combinations and an 11.5% chance at the first overall pick — an average of the 125 and 105 combinations that the fourth- and fifth-worst teams receive.

If the average amount of combinations for two positions isn’t a whole number, a coin flip determines which team receives the extra combination. For example, if two clubs tied for the league’s third-worst record, the team that wins the coin flip would receive 133 of 1,000 chances at the first overall pick, while the loser would receive 132. The coin flip also determines which team will draft higher in the event that neither club earns a top-four pick.

The table below displays the odds for each lottery team, rounded to one decimal place. Seeds are listed in the left column, while the picks are noted along the top row. For our purposes, the first seed is the NBA’s worst team.

Seed 1 2 3 4 5 6 7 8 9 10 11 12 13 14
1 14 13.4 12.7 12 47.9
2 14 13.4 12.7 12 27.8 20
3 14 13.4 12.7 12 14.8 26 7
4 12.5 12.2 11.9 11.5 7.2 25.7 16.7 2.2
5 10.5 10.5 10.6 10.5 2.2 19.6 26.7 8.7 0.6
6 9 9.2 9.4 9.6 8.6 29.8 20.6 3.7 0.1
7 7.5 7.8 8.1 8.5 19.7 34.1 12.9 1.3 >0
8 6 6.3 6.7 7.2 34.5 32.1 6.7 0.4 >0
9 4.5 4.8 5.2 5.7 50.7 25.9 3 0.1 >0
10 3 3.3 3.6 4 65.9 19 1.2 >0 >0
11 2 2.2 2.4 2.8 77.6 12.6 0.4 >0
12 1.5 1.7 1.9 2.1 86.1 6.7 0.1
13 1 1.1 1.2 1.4 92.9 2.3
14 0.5 0.6 0.6 0.7 97.6

It’s worth noting that the NBA’s lottery format was changed in 2019, with that year’s draft representing the first one that used the new system. Previously, only the top three spots were determined via the lottery and the odds were weighted more in favor of the league’s worst teams.

The odds-smoothing effects of the new system were felt immediately. The Pelicans, Grizzlies, and Lakers – who claimed the Nos. 1, 2, and 4 picks, respectively, in 2019 – each ranked outside of the top six in the initial lottery standings.

In 2020, the lottery format has been tweaked slightly to account for the fact that the NBA was unable to play out its full regular season. The eight teams that were not invited to Orlando to participate in the resumption of the season will receive the top eight spots in the lottery standings. The final six spots will go to the six clubs that don’t make the postseason in Orlando, sorted by their records through March 11.

We previously broke down what the 2020 lottery odds will look like if the Nets, Magic, and Grizzlies all hang onto their playoff spots. This year’s event has been postponed until August 25.

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. Information from Tankathon.com and Wikipedia was used in the creation of this post.

Earlier versions of this post were published in 2012, 2013, and 2019.