Does the 35 or over contract count if the player dies
- Thread starter Roomtemperature
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LadyStanley
Registered User
Sybil227
Registered User
Tommy Hawk
Registered User
- May 27, 2006
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I do not think the salary would count because there would be no contract. The contract is considered null and void at the time of death. The player no longer exists. The deceased player would not fit into any of the categories identified in the agreement (active roster, injured roster, non roster, etc.).
Per the CBA 50.5(d)(i)(b)
From the day following the last day of Training Camp until and including June 30 of each League Year, "Averaged Club Salary" for each Club shall be calculated as the sum of the following amounts:
(1) The Averaged Amount of the Player Salary and Bonuses for that League Year for each Player on the Club's Active Roster, Injured Reserve, Injured Non Roster and Non Roster; plus
(2) All amounts earned in that League Year by the Players on account of Deferred Salary and Deferred Bonuses (in accordance with Section 50.2(a) and Section 50.2(b), respectively); plus
(3) All Ordinary Course Buyout Amounts paid in that League Year (in accordance with Section 50.9(i));plus
(4) To the extent not counted in (1) above, any amount offered in that League Year by the Club in an Offer Sheet to a Restricted Free Agent from the date of such Offer Sheet until the earliest of the following:
(A) the Restricted Free Agent signs an SPC with the Club; or (B) the Restricted Free Agent signs an SPC with another Club; plus
(5) All Player Salary and Bonuses earned in a League Year by a Player who is in the second or later year of a multi-year SPC which was signed when the Player was age 35 or older (as of June 30 prior to the League Year in which the SPC is to be effective), but which Player is not on the Club's Active Roster, Injured Reserve, Injured Non Roster or Non Roster, and regardless of whether, or where, the Player is playing, except to the extent the Player is playing under his SPC in the minor leagues, in which case only the Player Salary and Bonuses in excess of $100,000 shall count towards the calculation of Averaged Club Salary;
Per the CBA 50.5(d)(i)(b)
From the day following the last day of Training Camp until and including June 30 of each League Year, "Averaged Club Salary" for each Club shall be calculated as the sum of the following amounts:
(1) The Averaged Amount of the Player Salary and Bonuses for that League Year for each Player on the Club's Active Roster, Injured Reserve, Injured Non Roster and Non Roster; plus
(2) All amounts earned in that League Year by the Players on account of Deferred Salary and Deferred Bonuses (in accordance with Section 50.2(a) and Section 50.2(b), respectively); plus
(3) All Ordinary Course Buyout Amounts paid in that League Year (in accordance with Section 50.9(i));plus
(4) To the extent not counted in (1) above, any amount offered in that League Year by the Club in an Offer Sheet to a Restricted Free Agent from the date of such Offer Sheet until the earliest of the following:
(A) the Restricted Free Agent signs an SPC with the Club; or (B) the Restricted Free Agent signs an SPC with another Club; plus
(5) All Player Salary and Bonuses earned in a League Year by a Player who is in the second or later year of a multi-year SPC which was signed when the Player was age 35 or older (as of June 30 prior to the League Year in which the SPC is to be effective), but which Player is not on the Club's Active Roster, Injured Reserve, Injured Non Roster or Non Roster, and regardless of whether, or where, the Player is playing, except to the extent the Player is playing under his SPC in the minor leagues, in which case only the Player Salary and Bonuses in excess of $100,000 shall count towards the calculation of Averaged Club Salary;
This could be a great setting for some fan fiction. Pick the most monetarily heavy 35+ player, write it that his play drops off the edge of the earth, and the owner is left wondering whether it is worth it to put in a hit since a professional assassin would surely cost less than paying out the rest of the contract!
mouser
Business of Hockey
Section 5 doesn't require the player to fit into a category, rather it says the 35+ rule applies if the player doesn't fit into the listed categories.
Shawa666
Registered User
Yeah but if the player dies of a non hockey related cause, is he defaulting on his SPC? especially if he dies during the season?
Tommy Hawk
Registered User
- May 27, 2006
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But the player does not exist anymore therefore how can anything still be applicable. There is no "he" or "player" any more therefore all the articles of the CBA that reference "player" would no longer apply.
mouser
Business of Hockey
"Player" is a CBA legal definition, not an existential description of whether an individual is alive or dead.
metalfoot
Karlsson!
IANAL, but I would think that death typically ends most contracts. Just because there's nobody there to legally contract with.
Kimi
Registered User
The contract to pay someone for playing hockey would be broken; however the cap hit isn't part of that contract, but a result of it in a different legal document. It's the same as a player retiring due to injury, that would end the players contract and still leaves the cap hit for the team.
Tommy Hawk
Registered User
- May 27, 2006
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The person no longer exists and therefore is not party to an SPC, rookie etc.
True but the player still exists if he retires and would still be a party to the CBA. If he dies, not a party to either agreement.
LadyStanley
Registered User
FWIW, as the Canucks got a cap exception for Rypien (out for personal reasons), pretty sure a request to remove the cap hit of a deceased player would be approved by all parties.
Kimi
Registered User
If they were going to look at it, there's no reason anyone could want a dead player to count. The players want more money going to the players, and the GMs will want to be able to spend to the cap. Both sides want the cap hit gone, so it would be. Only reasons to keep them there is if you don't care about the cap (internal budget), but you're indifferent there and would want to remove for possible deadline deals. The other is a team like the Islanders, who are against the cap minimum and don't like spending money, but chances are there's only one or two of them in the league and the rest are voting against them so it won't matter.
King Woodballs
Captain Awesome
If the players salary would still count couldn't the team just wave them since they would never report to the minor league team voiding the contract
I would like to think that the league and union could reach an agreement that it wouldn't count, but....
the only comparable situation I can think of was Reggie Lewis of the Boston Celtics. He counted against the cap for a couple of years after his death.
the only comparable situation I can think of was Reggie Lewis of the Boston Celtics. He counted against the cap for a couple of years after his death.
Hockey Team
Hunger Force
There'd be some concerns about it voiding the cap hit..
namely some crazy fan killing an underperforming player on a 35+ contract
It's more likely then you'd think for something like that to happen. Didn't some guy get shot on his way home after scoring an own goal in the world cup?
namely some crazy fan killing an underperforming player on a 35+ contract
It's more likely then you'd think for something like that to happen. Didn't some guy get shot on his way home after scoring an own goal in the world cup?
kdb209
Registered User
- Jan 26, 2005
- 14,870
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Hockey Team
Hunger Force
Well, the description of the incident sounds exactly like what psychopath fans (or people who are losing money as a result of a player) would do. A confrontation that ends up in someone getting shot.
