Hoops Rumors Originals

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.

The Bird exception is for players who have spent three seasons with one club without changing teams as a free agent, but 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.

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 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 (with no second-year options).

Bojan Bogdanovic (Pacers), Rudy Gay (Spurs), and Taj Gibson (Timberwolves) are among the notable free agents who will have Early Bird rights at the end of the 2017/18 season. The Nuggets would have Early Bird rights on Paul Millsap if they decline his $30MM team option, as is expected.

In Millsap’s case, the Nuggets would theoretically be able to offer 175% of his current $29MM+ salary using Early Bird rights, but the team’s offer couldn’t exceed the maximum salary. Millsap’s max salary projects to be just over $38MM, comfortably within the Early Bird limit. However, he would only be able to sign a four-year contract rather than a five-year deal, since he won’t have full Bird rights. Of course, Millsap’s next contract will likely be far more modest, so these numbers are just hypothetical.

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 the Pacers, since the cap hold for Bogdanovic, who is earning $10.5MM this season, will only be $13.65MM — given how well he has played since Victor Oladipo went down, he may be in line for a starting salary higher than that. If the Pacers reach an agreement to re-sign Bogdanovic in July, they could hold off on making it official, keeping his cap hold on the books until they use the rest of their cap room. Then they could go over the cap to finalize Bogdanovic’s deal using the Early Bird exception.

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 Gilbert Arenas Provision in a separate glossary entry, so you can read up on the details there.

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.

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, as most NBA fans know. 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 multiyear deal or separate one-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 Sixers hold Tobias Harris‘ Bird rights as he approaches 2019 free agency, despite just acquiring him in February. His Bird clock didn’t reset when he was traded from the Clippers to Philadelphia.
2. He finishes a third season with a team after having only signed for a partial season with the club in the first year. Wayne Selden finished the 2016/17 season on a contract with the Grizzlies, then re-signed with Memphis on a two-year deal in the summer of 2017. With that contract about to expire, and Selden – who was recently traded to the Bulls – will have full Bird rights because of those few weeks he spent with the Grizzlies at the end of ’16/17, which started his Bird clock.
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 Ben McLemore as an example. In the second year of a two-year contract, McLemore was waived last month by the Kings and has yet to join a new team. If Sacramento were to re-sign McLemore in July and kept him for the entire 2019/20 season, the team would have his full Bird rights, assuming he doesn’t join another team in the interim.

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 rights are restored if he re-signs with that team without having signed with another NBA team. Dirk Nowitzki had his rights renounced by the Mavericks last July, for example, as Dallas attempted to gain cap flexibility. After re-signing with the Mavs, Nowitzki retained his full Bird rights.
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 2018/19]

When a player earns Bird rights, he’s eligible to re-sign with his team on a maximum-salary contract for up to five years with 8% annual raises when he becomes a free agent, regardless of how much cap room the team has. The maximum salary will vary for each player depending on how long he has been in the league, but regardless of the 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 Mavericks, for instance, will have a cap hold worth $17,091,162 for Kristaps Porzingis on their 2019/20 books — 300% of his $5,697,054 salary for 2018/19. Dallas could renounce Porzingis and clear an extra $17MM+ in cap space, but the Mavs would lose his Bird rights if they did that, which would force them to use either cap room or a different cap exception to re-sign him.

Instead, the Mavericks may use Porzingis’ Bird rights and his cap hold strategically, perhaps using their cap space on other free agents and/or trades while Porzingis’ $17MM cap hold remains on the books. The Mavs could then circle back and use Bird rights to sign KP to a contract with a starting salary higher than $17MM.

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.

The Warriors have committed only about $82MM in guaranteed money to player salaries for 2019/20, but that doesn’t mean the team will begin the offseason with $27MM of room under the projected $109MM salary cap. In fact, the Warriors won’t open the new league year with any cap space at all. Each of Golden State’s own free agents will be assigned a free agent amount – or “cap hold” – until the player signs a new contract or the Warriors renounce his rights.

The general purpose of a cap hold is to prevent teams from using room under the cap to sign free agents before using Bird rights to re-sign their own free agents. If a team wants to take advantage of its cap space, it can renounce the rights to its free agents, eliminating those cap holds. However, doing so means the team will no longer hold any form of Bird rights for those players — if the team wants to re-sign those free agents, it would have to use its cap room or another kind of cap exception.

The following criteria are used for determining the amount of a free agent’s cap hold:

• First-round pick coming off rookie contract: 300% of previous salary if prior salary was below league average; 250% of previous salary if prior salary was above league average.
• Bird player: 190% of previous salary (if below average) or 150% (if above average).
• Early Bird player: 130% of previous salary.
• Non-Bird player: 120% of previous salary.
• Minimum-salary player: Two-year veteran’s minimum salary, unless the free agent only has one year of experience, in which case it’s the one-year veteran’s minimum.
• Two-way player: One-year veteran’s minimum salary.

A cap hold for a restricted free agent can vary based on his contract status. A restricted free agent’s cap hold is either his free agent amount as determined by the criteria mentioned above, or the amount of his qualifying offer, whichever is greater.

No cap hold can exceed the maximum salary for which a player can sign. For instance, the cap hold for a Bird player with a salary above the league average is generally 150% of his previous salary, as noted above. But for someone like Kevin Durant, who is earning $30MM this season, 150% of his previous salary would go far beyond the maximum salary threshold.

Durant’s cap hold – assuming he turns down his 2019/20 player option, as expected – will be equivalent to the maximum salary for a player with 10+ years of NBA experience. That figure currently projects to be $38.15MM, based on a $109MM salary cap.

One unusual case involves players on rookie contracts whose third- or fourth-year options are declined, such as Dragan Bender, who had his fourth-year option turned down by the Suns. Because they declined that option, the Suns wouldn’t be able to pay Bender more than what he would have earned in the option year ($5,896,519).

That rule is in place so a team can’t circumvent the rookie scale and decline its option in an effort to give the player a higher salary — the rule applies even if the player is traded, so if a team had acquired Bender before this year’s deadline, that team would have faced the same limit. Rather than coming in at 300% of this year’s salary, as would be the case with most players coming off rookie scale contracts, Bender’s 2018 cap hold will equal the amount of his option: $5,896,519.

If a team holds the rights to fewer than 12 players, cap holds worth the rookie minimum salary are assigned to fill out the roster. So, even if a front office chooses to renounce its rights to all of its free agents and doesn’t have any players under contract, the team wouldn’t be able to fully clear its cap. In 2019/20, incomplete roster charges project to be worth $897,158, meaning a team with 12 of those charges would have nearly $11MM on its cap even before adding any players.

Cap holds aren’t removed from a team’s books until the player signs a new contract or has his rights renounced by the club. For example, the Warriors are still carrying cap holds on their books for David West and Matt Barnes, who haven’t signed new contracts since playing for Golden State. Keeping those cap holds allows teams some degree of cushion to help them remain above the cap and take advantage of the mid-level exception and trade exceptions, among other advantages afforded capped-out teams.

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.

Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron.