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http://www.cbafaq.com/salarycap.htm#Q64
Since we are releasing them before the season with their salary only partially guaranteed then only the salary that is guaranteed is counted against our cap.
Not so, as far as everything that you've given me to read on it. It seems there are 3 ways you're trying to get around the waiver thing:
1) By saying they'll just be waived/retired. We've already shown that any contract termination (other than ETO, which is not in place here) requires a waiver process and a 7-day period.
2) By saying it's a "buyout". The first step of a buyout involves a waiver process, then negotiation of player's payment.
3) By saying it's a "team option." But this more falls under the category of player salary protection, which is the only thing that applies that can be negotiated.
In this view, originally the contract could've read "600k of Webster's 5.1M salary is protected for lack of skill. Since MIN did not put him on waivers on or before June 30, 2012, his compensation protection increased to full, ,and the entire 5.1M salary became guaranteed." Then there was a renegotiation in order to "facilitate trades." But according to Coon #60, you can't negotiate in a team option. You can negotiate the following:Coon #60 said:Some salaries are only partially guaranteed, and the guaranteed amount can change on specified dates. For example, $2.4 million of Lamar Odom's $8.2 million salary for 2012-13 was protected for lack of skill. Since the Los Angeles Clippers did not put him on waivers on or before June 29, 2012, Odom's compensation protection increased to full, meaning his entire $8.2 million salary became guaranteed.
Coon #60 said:To alter the amount of compensation protection -- i.e., the guarantee (see question number 62). This is commonly done as part of a buyout (see question number 65). [BFW note: a buyout requires a waiver process]
To eliminate an option or ETO (see question number 57). Note that eliminating an option does NOT constitute illegally shortening a contract, since an option year isn't considered part of the original term of a contract until it is invoked.[BFW Note: You can't create an option, only eliminate one]
To reduce the amount of a trade bonus (see question number 95), but only to the extent necessary to make a trade legal.[BFW Note: Not applicable here]
To waive set-off (see question number 64), which is commonly done in conjunction with a buyout (see question number 65).[BFW Note: Potentially applicable, but again, after the waiver process]
To alter the pay schedule (however, when a contract signed under the current CBA is terminated through the waiver process, the pay schedule is automatically "stretched" -- see question number 109).
To alter the window of time during which an option may be invoked (rare).[BFW Note: This is the clause that was used in this case to extend the non-guaranteed portion becoming guaranteed date]
To alter the list of outside activities in which the player is allowed to participate (rare).[BFW Note: N/a]
To change the section of the standard contract that permits the team to suspend the player if the player does not maintain sufficient physical condition.[BFW Note: N/a]
So there's a contract in place for 2012-2013 for both Webster and Miller. You can, up until the renegotiated date, place them on waivers and only have to pay the small guaranteed portion of their salary for 2012-13. This small portion will also be the cap hit, once they clear waivers.
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