What the NHL should do about sham contracts like Kovalchuk's 17 year, $102M deal
With today's big news that Ilya Kovalchuk finally signed with the New Jersey Devils, attention naturally turns to the implications of his new contract, a stupendous 17-year, $102 million deal (per Dmitri Chesnokov on Twitter). It's another sad example, however, of big-market teams continuing to make a mockery of the NHL's salary cap rules. According to Chesnokov, Kovalchuk will make $10 million per season during the early stages of the contract, against a cap hit of just $6M.
There have been numerous instances in recent years where teams have deliberately crafted deals to minimize the salary cap hit by adding years at the end of the contract with minimal salaries (see Vincent Lecavalier, Roberto Luongo, Henrik Zetterberg, Marc Savard, etc.). Today, New Jersey Devils GM Lou Lamoriello takes that practice to a whole new level.
Quite simply, it's pathetic to see the big-market teams driving truckloads of cash through this loophole in the CBA, and both the NHL and NHLPA need to address this as part of their upcoming negotiations. For the league, it makes a joke out of the competitive balance aspect of the salary cap, and for the players at large, it's taking money out of their pockets.
After the jump, I'll offer my own two-pronged solution to this mess...
The 50% Rule
Currently, the NHL's Collective Bargaining Agreement does have a mechanism (Article 50.7) which is supposed to help prevent teams packing low-salary years on the end of a deal to keep the overall average (and thus the cap hit) low. Basically, the difference between one year's salary and the next can be no more than 50% of the lower of the first two years' salary in that contract. The Predators actually ran afoul of this one when they first submitted Martin Erat's 7-year contract to the league.
Since the first two years of his contract payed him $3.5M and $5.25M, the current rule says that later in the contract, the salary can only go down by $1.75M per season (50% of $3.5M).
This is easily avoidable by just taking on a few extra years to the contract. The biggest joke here is Marian Hossa in Chicago. His salary goes from $7.9M to $4.0M, then $1M, $1M, $750K, and $750K in the final years of his contract. It was an example of absurd gamesmanship that should have been disallowed for circumventing the salary cap, and I'd like to propose an easy solution here:
Within a new SPC (Standard Player Contract), no yearly salary can be less than 50% of the highest salary within the span of that contract.
If you want to pay a guy $8M early on, you can go no lower than $4M in later years. It's fantasy to think that a team can project exactly when a given player's effectiveness will drop off 5, 6, or 7 years into a deal, and those final four seasons on the Hossa deal are nothing more than a sad joke.
Limit the Long Term
Here's another easy one that can help prevent jokes like the Chris Pronger contract, which has a cap hit under $5M but pays him $7.6M these days, and just $525K in 2015-16 and 2016-17 (when, presumably, he'll be able to supplement that with Social Security).
When a new SPC extends past the player's 40th birthday, the length of that SPC shall be no longer than 3 years.
This is to prevent teams signing a 34-year-old to something like a 10-year contract, and then getting off the hook when he retires halfway through. Or a 27-year-old to a 17-year deal, etc. A contract should represent an agreement between player and team about the actual value of that player's contribution to that team during the life of the deal, and not get loaded down with gimmick seasons just to keep the cap number down.
For the good of the league, and the players
So what do you think? Taken together, would these two simple rules help prevent this chicanery?
There's a good reason why players should support clamping down on these contracts, and it's called escrow. The players are entitled to a specific percentage of league-wide hockey related revenues over the course of the season, and when their combined payrolls exceed that amount (as has been the case lately), they have to give the overage back to the owners. The mechanism by which this is done is by withholding some of their paycheck into escrow throughout the season, and the totals are tallied up at the end.
What that all means here is that when stars make big money in excess of their cap hit, that inflates the amount of overall player salaries, and the rest of the players end up giving that back to the owners in the form of escrow. Tyler Dellow has a thorough analysis of the situation, and suffice it to say that when a guy like Kovalchuk gets big money now, everybody's escrow costs grow higher, too. Here are a few examples of how much individual players stand to lose next season as a result of Kovalchuk's $10M salary exceeding the cap hit of $6M:
| Player | 2010-11 Salary | Extra Escrow Cost |
| Alex Ovechkin | $9,000,000 | $23,196 |
| Dustin Brown | $3,500,000 | $9,021 |
| Joel Ward | $1,500,000 | $3,866 |
These numbers (from NHLNumbers.com) assume a total targeted player payroll of $1.55 billion, and increased player escrow costs in proportion to each individual's salary. They aren't exact, but should be in the ballpark.
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48 comments
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Comments
This is an excellent idea
Someone needs to stop these kinds of deals, as they do nothing but lead the league down the road to another massive lockout/work stoppage, etc.
Proprietor of Hockey Wilderness - We take Minnesota hockey WAY too seriously.
Cap hit
= dollars paid that year. Problem solved.
But in the absence of that common sense I like your solution
Intelligent opinion does not follow the transitive property
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Jul 19, 2010 3:32 PM EDT reply actions
Was just typing up the same thing
So yeah, the contract is fine, you can pay Kovalchuk whatever whenever. But his cap hit is $10 million next year, or whatever he’s paid. Why take some average over the life of the contract? The only reasoning I can think for that is exactly these shenanigans.
by Bobby Briggs on Jul 19, 2010 3:33 PM EDT up reply actions
Except that you still have teams manipulating it. You can front or backload a deal and then you’ll be paying far below a player’s value. It would result in different but similar problems.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 19, 2010 5:54 PM EDT up reply actions
How so?
I don’t think players will take backloaded deals and then retire when they haven’t gotten a majority of their money.
And if it’s frontloaded… so what. Sure there will be some manipulation, for example the Avs could have offered something like $12M this year, $12M next season and then dropped down to a more friendly $6M for the next 4-5 or something like that as their young talent starts getting to their bigger contracts, but that’s far more preferable to the monstrosity that we have now.
Intelligent opinion does not follow the transitive property
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Jul 19, 2010 6:25 PM EDT up reply actions
I don’t think it’s preferable. It’s the same thing, just different in the specifics. Teams that are young and not ready to contend, say the NYI, could extend their guys with 10 million for a couple years and then 1 million and then by the time they are ready to compete they are paying Okposo et. al. 1 million on the cap when that’s clearly not their value. I like the cap hit being the average of the salary. You just need to control the length of contracts and the variance between annual salary.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 19, 2010 6:30 PM EDT up reply actions
doesn’t that go more into cap management, and force GMs to actually do something about it.
Plus it allows a correction for one of the biggest downsides of free agency: keeping teams together. I hate that teams rosters turnover every 3 seasons or so. I mean there’s a max salary so it’s not like a team would give a $20M contract one season then $1M the next. But it would give teams a little more leniency in terms of keeping good teams together without ripping off the players, or completely ruining the spirit of free agency either.
As long as you average contracts, there’s going to be loopholes.
Intelligent opinion does not follow the transitive property
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Jul 19, 2010 9:27 PM EDT up reply actions
There are going to be loopholes no matter how you’d do it. If the concern is keeping teams together I’d rather just have a Larry Bird rule and discount all your homegrown salaries by 10% against the cap. That essentially gives every team a right of first refusal on their own players for the entirety of their career.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 20, 2010 11:51 AM EDT up reply actions
Personally
I’d allow for discount within the cap to be tied to tenure with a team. 3 years with a team, and a contract from that player is a 15% discount. 5 years and it’s 20%. 7 and it’s a 30% discount.
Intelligent opinion does not follow the transitive property
Jibblescribbits: C'mon over and waste some time
by Jibblescribbits on Jul 20, 2010 6:18 PM EDT up reply actions
I can buy that. I’d prefer it to be a strict “homegrown” rule but your suggestion is an improvement as well.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 21, 2010 9:35 AM EDT up reply actions
To make sure I understand, do you intend the second rule to mean “An SPC shall not extend beyond 3 years or the player’s 40th birthday, whichever is longer”?
Hanlon's Razor: Never attribute to malice that which can be adequately explained by stupidity.
No... it only means what it says
If a contract goes past the 40th birthday, it can’t be longer than 3 years. If you’re 38 and want to sign, 3 years is the max (it takes you to 41). If you’re 42 and want to sign, it’s 3 years max.
If you’re 30, you can sign for 9 years, since that doesn’t spill into your 40th year. Similarly, if you’re 35, you can sign for 4 years.
More fun than a stick to the face!
On the Forecheck is SB Nation's blog covering the Nashville Predators.
There have been numerous instances in recent years where teams have deliberately crafted deals to minimize the salary cap hit by adding years at the end of the contract with minimal salaries (see Vincent Lecavalier, Roberto Luongo, Henrik Zetterberg, Marc Savard, etc.). Today, New Jersey Devils GM Lou Lamoriello takes that practice to a whole new level.
Im no Lou Lemonjello fan at all, but he didnt take this to anything new. The loophole is there for everyone to use, and he went right in line. Sure a few more years are tacked on the end, but whoop-de-do. Everyone knows whats going on, but unless the NHL and the NHLPA agree to change the CBA, everyone is going to keep doing this.
Glen Sather is a Hockey Genius.
http://glensathersucks.com/
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17 years is a “whole new level” compared to the other deals cited. I think the Hossa deal (13 years) is the current longest one of this type.
More fun than a stick to the face!
On the Forecheck is SB Nation's blog covering the Nashville Predators.
DiPietro is on a 15 year deal.
I'm gonna pain you dearly Woodhouse, when I peel all your skin off with a flensing knife, sew it into Woodhouse pajamas, and then set those pajamas on fire.
by Steckel Me Elmo on Jul 19, 2010 5:01 PM EDT up reply actions
But DiPietro’s deal pays him the same amount every year. That’s what I meant by “of this type”, the kind with extra years on the end with a minimal salary to keep the cap hit low.
More fun than a stick to the face!
On the Forecheck is SB Nation's blog covering the Nashville Predators.
I wasn’t familiar with the numbers of DiPietro’s deal. Just knew it was long and didn’t take time to check.
But yes I agree about these deals.
I'm gonna pain you dearly Woodhouse, when I peel all your skin off with a flensing knife, sew it into Woodhouse pajamas, and then set those pajamas on fire.
by Steckel Me Elmo on Jul 19, 2010 5:10 PM EDT up reply actions
And I’m sure everyone realizes that Kovalchuk will go on “loan” to the KHL for those low salary years and NJD won’t have to carry his cap hit or pay his salary (they may have to pay him, but will be indemnified by the KHL club).
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 19, 2010 5:55 PM EDT up reply actions
For accuracy's sake
Hossa’s deal was 12 years. Still absurd, I agree.
"I have only space enough to add: against the assault of desperate pandas nothing can stand."
-ChicoMaki (channeling Mark Twain)
by HungryHungryPanda on Jul 19, 2010 5:26 PM EDT up reply actions
You could also modify the 35+ rule. For any contract that extends into a year when a player is 40 or over as of July 1, the cap hit never comes off the books until the end of the contract.
You could either have that rule in addition to the 35+ rule, or supplemental to it.
This is what I would advocate for. That way, a team is free to make all of these crazy deals they want, but they’ll do so knowing they’re mortgaging the future of the franchise to do so. Of course, then you get into two other messy scenarios.
1) You have the same dilemma that bankers faced a few years ago. They could earn huge bonuses and bolster their resume by taking big risks, and as long as they bail out before it all hits the fan, the mess is left for someone else to clean up. For example, a GM signs a bunch of these deals, which 10 years down the line eat up $5M in cap space between 4 or 5 players who are no longer playing, but still hit the cap. The GM who won a cup with those players has moved on to help rebuild some other team, while the new GM is stuck with the garbage contracts he can’t move, and fans are left to wait out the contracts while their team languishes.
2) The other risk is that teams will pressure players to play out their contracts late in their careers, putting older players at risk of injury. In that case, you get a 40 year old Kovalchuk who is still a serviceable NHLer for peanuts, or he gets hurt and you can wipe his contract off your cap hit. Either way the team wins to the detriment of the player.
I am a hockey fan first, and a Caps fan second.
by iwearstripes on Jul 19, 2010 4:37 PM EDT up reply actions
I don’t know how the teams are going to pressure the players to play. There’s not much they can do if the player wants to quit. You think PHI can talk Pronger out of retiring on his 750K years? Not likely. The only punishment is that they won’t get paid, so if you do the 50% rule there will be much more incentive for players to play. Ultimately I think it just makes the teams and players think about the contracts a little more carefully, and I don’t have a problem with that.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 19, 2010 5:58 PM EDT up reply actions
long term
Could they just put on a flat cap of like 5 years or so? Then the high to low contracts would take care of itself with what’s already in place.
"It's gonna be fun on the bun."
by flyalder on Jul 19, 2010 3:49 PM EDT via mobile reply actions
This is an idea I can support. Make the cap hit the average of the next 5 years of the deal. They can sign 20 year deals all they want… the next 5 years are all that counts. If 5 is too restrictive, make it 7.
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What happens then, when a 38-year old is signed for a 5-year deal, $11M his first season, then $1M the following 4 seasons, giving him a $3M Cap Hit, but only ‘expecting’ him to play for two more seasons? Shortening the length allowable cannot stop a team from being able to circumvent the Cap unless 1 year is the longest allowable contract length.
"Don't worry about my Cap." - Lou Lamoriello
There aren't many positives to these deals, but...
one plus is that these types of contracts could allow teams to keep ‘franchise’ players, and that could help the overall marketability of the NHL. The ‘free agency killed sports’ argument is an old one, but in theory these types of contracts could allow teams to keep there core players intact for long periods of time, build up more familiarity with the teams and their players, etc.
I don’t think many of us would be bellyaching if we signed Weber and Suter to 12- or 15-year deals tomorrow.
All of that being said, it’s comical that anyone would commit that much money and term to a player, especially Kovalchuk. He’s not exactly known for his work ethic.
But this doesn’t have anything to do with a team “keeping” a star player. Los Angeles or any other team could have made this deal with Kovy.
If it was about helping a team keep its star, he’d still be in Atlanta!
More fun than a stick to the face!
On the Forecheck is SB Nation's blog covering the Nashville Predators.
Exactly. If the league was concerned about keeping teams together a Larry Bird rule would be much more effective.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 19, 2010 5:59 PM EDT up reply actions
the problem is that teams with a self imposed budget can’t afford this. since Kovalchucks amount in a budget would be the 10 million not the 6 milion. so if the preds tried this then for a couple years they would be able to afford to put a good team on the ice.
that is what the biggest problem is, that its still big money teams recklessly throwing their money around to keep things from being competitive.
"It's gonna be fun on the bun."
Weber and Suter might still be playing in 12 or even 15 years. They’ll only be 40 in 2025. The issue for me is using out years when you’re pretty sure the player won’t be playing to alter the average cap hit of the contract.
Atta dinnin stick a who!
by Gould Old Days on Jul 20, 2010 9:32 AM EDT up reply actions
Why do you think the NHL should do something?
They postured and gruffed multiple times last year, but apparently nothing has changed. Now even “model” franchises are doing it. I just wish my team would get in while the gettin’ is good.
Excellent point about the escrow issue. These guys are dicking over almost each and every one of their fellow players.
Choking since 1985.
I think the escrow point is interesting, but it’s nothing in the grand scheme of things. Players want to see salaries go up… it means, as we’ve seen for players like Hamhuis, Lombardi, etc., that non-stars get paid more as well. $3800 (or even $20-30k) to Joel Ward for a couple of years is no big deal if he gets $500k more in his next contract.
I can’t disagree with that, but it is a bit galling on the part of the “haves”.
Also keep in mind as salaries increase, it’s often the "middle-class’ that suffers. For example, guys making $1-2.5M might get squeezed and replaced by guys making $700K. So there are two ends to that.
Choking since 1985.
Excellent point about the escrow issue.
Agreed. This was my favorite part of the analysis. People don’t realize that NHL salaries come out of a fixed pool, and every time a player takes more out of the pool than he should be allowed to, it hurts all of the other players. Wade Redden, Cris Huet, and Scott Gomez are other examples of guys who by being overpaid are taking money from players who deserve it more.
Atta dinnin stick a who!
by Gould Old Days on Jul 20, 2010 9:36 AM EDT up reply actions
NEW CBA Rules
There are 2 options that I think will put the competitive balance back into the CBA:
1) Make the cap for the given year equal to the players salary. If you want to front load your salary for a player, then their cap will match that salary. Pay a player 10 million, and they will have 10 million less on the cap for that year.
2) The other options is the implement the 35+ option across the board. Right now, all those extra years on the contract are avoided if the player retires. The team isn’t onthe hook for the cap dollars for those year. If you implement the 35+ rule across the board, then that cap hit stays with the team for the eternity of the contract, even if the player retires.
Yes to the first option, no to the second...
The first option is similar to what I posted over at HFBoards, albeit your’s is more stringent. I had suggested that the annual salary must stay within with 50% of the cap hit. With that, Hossa could range from $7,912,500 to $2,637,500 annually. Your’s would essentially limit his to a minimum of $4 million. I’d do either.
I don’t like the 35+ rule in any form as it strikes to close to age discrimination to me, nor do I like any type of restrictions on contract lengths. I’d prefer the first option (which counteracts the benefit of the long term contract anyway) combined with what kdb209 proposed over at HFBoards:
One change I’d support:
A more general mechanism to solve the 35+ yo and long term front loaded retirement contract problems – which really are two facets of the same issue – reducing a players cap hit with years that may never be fulfilled.
The Buyout Formula is one of the more elegant terms in the CBA – it has the effect of exactly paying back any cap benefit (or penalty) that was accrued before the buyout over the remaining term of the original SPC. As a result the aggregate of dollars (Salary and Buy Out payments) over the SPC + Buyout equals the aggregate of the cap hits.
A similar mechanism could be applied to the cases of a player retiring or being buried in the AHL – effectively treating those case like a buyout with a $0 buyout payment. Instead of eliminating the players cap hit, you just reduce it by the “Buyout Savings” – the players current salary. This will have the effect, like a buyout, of paying back any accrued benefit from front loading and making total cap hit == total salary paid.
If the player plays out the whole contract, these rules would have zero impact. If he doesn’t, his team pays back the cap advantages it gained.
That’s a great way to eliminate the need for contract limits and the 35+ rule.
David Singleton w/ HockeyIndependent
by David Singleton on Jul 19, 2010 4:56 PM EDT reply actions
I like the idea to punish teams for hiding guys in the AHL, even if it would hurt the Caps this year. I disagree on your position regarding the 35+ rules. Everyone knows guys that are 35+ are health risks and may not be around much longer. Teams should have to bear the risk of that and shouldn’t be able to ignore physiological reality with long deals to old players.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 19, 2010 6:07 PM EDT up reply actions
The Future
If anyone wants to know where these types of contracts are heading, take a look at my write up on the long term contracts back in March.
Part I is the worst case scenario (funny how it is starting to happen):
http://prosportsblogging.com/nhl-hockey/around-the-rinks/long-term-contracts-part-i/
Part II is my analysis of the problem and suggested fixes to the CBA:
http://prosportsblogging.com/nhl-hockey/around-the-rinks/long-term-contracts-part-ii-2/
I like the 50% rule. I’d modify your 40+ rule though. Instead of limiting the contract in years, I’d just say “any contract that extends past the player’s 40th birthday is treated as a 35+ contract.” So that means all these long term deals would now be guaranteed on the cap and teams would really think twice about extending them. I expect this to be a huge battleground in the next CBA, but as you point out it shouldn’t be. Both sides should want to end these deals, but the NHLPA is a mess, and insofar as it can function it will function to primarily protect the stars that benefit from these deals.
Lockout talk makes me want to go out and choke an old lady - Elliotte Friedman
by Fehr and Balanced on Jul 19, 2010 5:53 PM EDT reply actions
Cap is a joke
Let’s be real the big money teams will find a way to spend like crazy . And teams that have placed a self imposed budget way under the cap will never get close to a competitive balance .
Yes if player A makes 10 mill this season it should count as 10 mill . But never forget you have people on the NHL side of this (Owners) who are making sure it’s not ironclad so they will have a loophole when needed . My main problem is i was forced to miss a whole season over this Joke they call the cap
Show me the CUP
Cap Hit and CBA
First off, I don’t have a big problem with the Hossa or Kovalchuk deals. They are operating within the letter of the rules and taking advantage of the ‘legal’ loopholes. But I do hope that the next CBA closes these types of loopholes and I like Dirk’s 50% idea.
I have a couple of questions though:
1) $6M cap hit for 17 years. Under the current CBA, are there any circumstances under which the cap hit can be removed from the books? Retirement? Something else?
2) Do you see it as possible that the next CBA could retroactively affect current contracts and the way that the cap hit is calculated?
1) yes, if Kovalchuk retires along the way, the remaining years of cap hit are relieved from the team. That’s the big problem here, nobody believes he’ll play the final years of this deal.
2) The only way I see that happening is if they introduce flexibility elsewhere in the CBA so that such a move doesn’t suddenly put teams in jeopardy. Perhaps, for example, they’d widen the gap between the salary cap and floor (currently $16M) while making that adjustment.
More fun than a stick to the face!
On the Forecheck is SB Nation's blog covering the Nashville Predators.
A little digging
Here’s my take. You either make the AAV only over a period of years, say, increments of 5 like stated above, or my idea is to limit the de-escalation of contracts. The 50% rule is simply absurd.
Limit the de-escalation of any contract to minimum of 85% of the previous year’s amount. For Kovy it would look like this starting in his last $11.5m year and assuming they use the max 15% de-escalation.
11.5, 9.78, 8.31, 7.06, 6, 5.1, 4.34, 3.69, 3.13, 2.66, 2.26.
This would effectively make Kovy’s cap hit $7.17M. It’s certainly a more “honest” way to approach the cap and still maintain a team’s ability to retain star players. There are of course many ways to fix this highly unethical, yet perfectly legal practice, and there are certainly some good one’s above as well.

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