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New York Rangers Place Sean Avery On Waivers; Dallas Stars Salary Cap Issues Ahead?

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Over three years after he was signed by the Dallas Stars to a four-year, $16 million contract, Sean Avery continues to haunt the nightmares of the Dallas Stars franchise. When the Stars placed Avery on waivers in the middle of the 2008-09 season, he was assigned to the Hartford Wolfpack with a gentleman's agreement that the New York Rangers could be interested in eventually claiming him on re-entry waivers. That's exactly what happened, and the Stars were obligated to pay half of his annual salary for the remainder of the contract.

Since then, the $1.9 million the Stars owe Avery each season has sat on the salary cap charts and been a thorn in the side of the Stars, especially considering the payroll restrictions the Stars have been under the past few seasons. That salary, counting on the payroll just like any other player, was desperately needed to help shore up a shaky defense or adding depth at forward. As time progressed, however, the Stars adjusted and moved on and were heading into the final season of this painful obligation.

With Sean Avery continuing to make more noise off the ice than on it, however, he became expendable on an improving New York Rangers roster and yesterday he was placed on waivers by the one team that appeared able to get the most out of him. With word from around the NHL that Avery likely won't be claimed by another team, there's a good possibility that he is assigned to the AHL or even heads to Europe. The $1.9 million obligation to Avery would then no longer count against the NHL salary cap.

If that happens, then the Stars could suddenly be facing a salary cap issue. That $1.9 million was vital to keeping the Dallas Stars above the salary cap floor...

Star-divide

[Update] Some clarification on some of the points made below: Scott Glennie's AHL salary is going to apply to the cap while on IR, not his NHL salary. This is a significant difference ($1.9 million compared to $65k). Also, Brad Lukowich would apparently not need to pass through waivers to come to the NHL. [End Update]

This past summer, the NHL salary cap floor jumped up to $48.3 million and the Dallas Stars were nearly $8 million under that lower limit after Brad Richards departed via free agency. The Stars also let a number of other free agents, including Brandon Segal and Brian Sutherby, depart the team and then set forth in free agency to not only fill the roster -- but to get back above that cap floor.

The Stars signed six free agents and filled that void in the cap to get above the floor, while addressing the various needs of the team. 

As it stands right now, the Dallas Stars have a salary cap of about $49.9 million. With the cap floor set at $48.3 million this season, losing that $1.9 million would appear to place them about $300,000 below the cap floor -- something the Dallas Stars cannot afford to happen. While the penalties for not adhering to the salary cap restrictions vary, there's a possibility that lost draft picks and fines to the team would result from not being compliant.

Now the question becomes about what the Dallas Stars can do to get above the cap if Avery isn't claimed and that obligation to his salary no longer applies. 

It's only $300k, relatively little in NHL salary standards, but it's a bit of a tricky situation with the Stars. The Stars are already at the 50-contract limit, so signing a player just to get above the floor won't exactly work -- unless the team lets a player go.

When trying to determine what route the Stars will take in solving this puzzle, it's important to remember the complicated nature in which the salary cap operates. The Cap changes on a day to day basis, determined by the cap hits of the players currently at the NHL level. The longer a player stays at the NHL level, the more his salary boosts the cap hit of the team. Most figures you'll see are based on year-end totals, figured as if that player had played for the entire season at the NHL level.

So how will this affect the Dallas Stars?

One option would be to send Tomas Vincour and Philip Larsen to the AHL and bring Brad Lukowich up to the NHL to serve as the team's 8th defenseman. Lukowich's salary jumps to $1 million at the NHL level and about six weeks or so with Dallas should be enough to get that year-end total above the cap floor. Complicated this plan, however, is the fact that Lukowich would have to pass through waivers in such a transaction.

Another, more logical option, is to "take advantage" of Scott Glennie's concussion. That's certainly a very crude way of putting it, but there's a good possibility that this is what the Stars end up doing. 

By placing Scott Glennie on injured reserve to start the season, his NHL salary of $1.6 million will count against the cap -- yet he won't be taking up a roster spot on the Stars. This allows the team to continue to play with Tomas Vincour and use Glennie's contract to keep the cap numbers above the floor.

Now, by our very crude calculations, Glennie would have to stay at the NHL level until the first week of November in order to eat up the $300k shortfall the Stars are facing. At that point, the Stars would be assured of staying above the cap after he's assigned back to the AHL. Unfortunately, there's a good chance that Glennie would be healthy and ready to play before then. The Stars can't keep him off the ice, stunting his development, just to solve salary cap issues.

What is likely to happen is the Stars enter the season like they are now: with Glennie on the IR and Vincour playing with the NHL roster. The Stars are likely going to be dealing with injuries and call ups just like every season in the NHL and it's important to remember that as the Stars make these moves throughout the season their overall salary cap hit is adjusted. This is why, even though the Stars might be facing a short term issue, this likely won't be a problem just a few months into the season.

Of course, there's always other scenarios to consider. The Stars could make a trade, using this financial issues to facilitate a trade that might have already been under consideration. There's the more drastic option of placing an expendable player on release waivers and then using that roster spot to make another free agent signing.

In the end, $300k or so shouldn't be too hard for the Stars to overcome. The team is apparently confident that they're in good shape moving forward and right now there are no signs of any drastic action that could be taken by the team to get above the floor. For now, I'm not expecting anything crazy to be done and for the Stars to find the simplest way to solve this puzzle.

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Confused.com

Im still confused by how the waviers and 2way contracts work. Perhaps its because im british! Im going to ask even if it makes me look stupid.

In Averys example, who would actually pay his wage? Does the AHL club take this over (Obviously at a reduced rate)? Also, im sure i read somewhere that we would still have to pay his even if he clears waivers?

Can someone also clear up 1 and 2 way contracts? I assumed a player on a 2 way cotract would not have to pass through waivers, and could be moved to and from the NHL club without the risk of someone else picking them up? If this is not the case then why have 1 and 2 way contracts?

Sorry for being a thick Brit, but everytime i search for an answer on the t’internet it just confuses me even more!

by Matt Wright on Oct 5, 2011 6:41 AM CDT reply actions  

A 2-way contract only refers to the pay – more in the NHL, less if the player gets sent down. Doesn’t affect the waiver wire situation at all. In Avery’s case, the contract is obviously 1-way, so wherever he plays in the system he gets paid the same. Now, I don’t know what happens if he ends up in Europe…

I don’t think the Stars have made the playoffs since DBD was founded :-)
It’s all Worley’s fault. - Tsudbury

by Breg on Oct 5, 2011 7:31 AM CDT up reply actions  

It's a contract. If he's released he'll still get his full salary.

We’re way past any buyout deadline.

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by Josh Lile on Oct 5, 2011 8:06 AM CDT up reply actions  

Hope this helps

Ok in Avery’s situation, the Stars pay $1.9 mil of his contract that is certain. As for the remaining contract it depends on the affiliation, and where he goes. If they send him to the AHL, the Rangers could pay all or just a portion of that contract. I do believe it will likely be all of it. If he is loaned to a team in Europe, then more than likely the team in Europe will be responsible for the majority of the contract.

As for 1way vs 2 way contracts. With a 1 way contract, the player is paid the same amount no matter where he plays. So a player with a 1 way contract would make the same in the AHL as he does in the NHL. With a 2 way contract there is two amounts a player is paid. One rate when he plays in the NHL and a lower reduced rate for when he plays in the AHL.

It does not matter if a player is on a 1 way or 2 way contract for waivers. Waivers are based on how long the player has been in the league and how many professional games he has played. I think the number is 105 games before a player requires waivers.

by loomisc on Oct 5, 2011 7:34 AM CDT reply actions  

Thanks all

Thats made things allot clearer, i think! :-)

by Matt Wright on Oct 5, 2011 8:09 AM CDT up reply actions  

Glad to know it's only 300k. I was afraid it was more than that.

But I have a quick question…. Let’s say Lukowich gets called up, and that $1M increase in his salary counts against the cap. Doesn’t that mean whoever he’s replacing (if they’re on IR) has a salary that no longer counts against the cap? Because, if that’s the case, the majority of call ups we have are cheaper than who they will replace, making the shortfall worse…

Or does it only NOT count against the cap if a player is waived?

My head hurts…

"I want to have Jamie Benn's babies. And you can quote me on that." - Brandon Worley

by Tsudbury on Oct 5, 2011 7:37 AM CDT reply actions  

You're right.

If Lukowich is called up, he’d be replacing Vincour. Problem is I don’t think that’s enough on its own to offset the 300k difference. When you factor in Glennie’s salary while on IR, then it works. If they do that, then they don’t have to have Glennie stay in the NHL longer than he needs to.

Here’s the way it works, in a nutshell:

There are 23 roster spots available in the NHL. Each one of those counts against the salary cap. If the Stars put players on IR, then they can have more than the 23, although the IR player’s salary still counts against the cap. This is where some teams run into problems while against the cap — although there are certain exceptions built into the CBA attributed to injured players.

If a player is sent from the 23-man NHL roster to the AHL, then the Dallas Stars franchise continues to pay his salary. That salary no longer affects the NHL salary cap, however.

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by Brandon Worley on Oct 5, 2011 8:21 AM CDT up reply actions  

Okay, thanks

I was just confusing myself on whether or not a salary counted against the cap while on IR.

I remember now that it does… that was why the Devils exceeded the salary cap last season, but didn’t suffer consequences due to “emergency conditions” or some such nonsense.

"I want to have Jamie Benn's babies. And you can quote me on that." - Brandon Worley

by Tsudbury on Oct 5, 2011 8:24 AM CDT up reply actions  

Long-Term IR players don't count against the cap

Bryce Salvador and I think one other guy were put on LTIR

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by Josh Lile on Oct 5, 2011 8:24 AM CDT up reply actions  

Technically they do

But teams with players on LTIR are given permission to exceed the cap by a certain percentage while the players are hurt.

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by Erin Bolen on Oct 5, 2011 12:52 PM CDT via iPhone app up reply actions  

Modano

Apparently we should’ve signed Modano to an actual contract, even though he retired. =P

What’ll happen is Glennie will stay on IR until he’s healthy, then the remainder of the floor will be made up when injuries happen during the normal course of the season. If you don’t think we’re gonna have to call up an AHL player for a couple of weeks at some point this season, you’re kidding yourself.

by HoboMaster on Oct 5, 2011 9:15 AM CDT reply actions  

my thought initially

Was the Stars could use this to their advantage in a trade situation. However they will still be paying Avery, so technically even though they drop in their cap number they do NOT have 1.9 million to spend in extra salary do they?

by brendan1 on Oct 5, 2011 9:49 AM CDT via iPhone app reply actions  

unfortunately, that's correct.

The avery contract didn’t have a bearing on their internal budget before, and, since they’re still paying it, nothing in that regard has changed.

Luckily, this is the last year of that horrible contract.

"I want to have Jamie Benn's babies. And you can quote me on that." - Brandon Worley

by Tsudbury on Oct 5, 2011 10:10 AM CDT up reply actions  

Glennie, since he hasn’t played a NHL game, would only count his AHL salary towards the cap if on IR. That’s the rule for training camp injuries involving minor leaguers. So it’d only be about $65,000 added to the cap.

You can buy out/release players at any time, but they’re at full cost. This could be a way to get out of a contract to some scrub in the ECHL who won’t ever make it so that the team can sign like, McCabe or something, or claim a guy off waivers (I hear Sean Avery is available). j/k

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by Bruce Peter on Oct 5, 2011 10:02 AM CDT reply actions  

I like the idea of this helping us make a trade, honestly.

We have a lot of depth in the goalie position, as well as some extra forwards (with our AHLers wanting to make a push). I wouldn’t mind trading a couple of players this season for a higher salary player and some picks.

"I want to have Jamie Benn's babies. And you can quote me on that." - Brandon Worley

by Tsudbury on Oct 5, 2011 10:12 AM CDT up reply actions  

I knew I should have emailed you first.

That was a question I had but didn’t adress, in regards to Glennie’s salary. That certainly throws a wrench in the plan.

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by Brandon Worley on Oct 5, 2011 10:24 AM CDT via mobile up reply actions  

I haven’t had a chance to read all of this, but one note, Lukowich would not require re-entry waivers. While his AHL salary is over $105,00, I believe he qualifies for the minor league vet exemption as he was not on an NHL roster last season for 40 or more games and hasn’t been on an NHL roster the last 2 seasons for 80 or more games (by my quick count of the numbers.)

by sk84fun_dc on Oct 5, 2011 10:11 AM CDT reply actions  

Thia is why I am not a cap expert.

Thanks for the info.

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by Brandon Worley on Oct 5, 2011 10:26 AM CDT via mobile up reply actions  

I can pull the details later. and sorry for the 105,000 typo (I missed a zero :) )

by sk84fun_dc on Oct 5, 2011 10:27 AM CDT up reply actions  

This is one of those issues

where the more you understand it, the more confusing it gets!

by 1paniolo on Oct 5, 2011 12:58 PM CDT up reply actions  

I'd hate to lose Lukowich through waivers...

He’s such a great Captain for the Texas Stars. We need him there. His and his wife’s community support adds to the class of the Stars organization as a whole and he is a great mentor in our farm system as well as an inspiration. Imagine playing at the AHL level and hearing stories, checking out his ring and then having him tell you what it takes to be an NHL’er? What it takes to be a World Champion? His experience and mentorship is invaluable for those kids. I’d be plenty motivated to try and make the big Club! I think he is vital to the Stars long term success, especially the way GM Joe has revitalized this Club through savvy drafts and such. I’m sure GM Joe will find the best solution for the Club. Go Stars Go!!! Two more days!!!!! YAY!!!!!!!!

by ilickbaby on Oct 5, 2011 10:49 AM CDT reply actions  

Wow

So we may have to spend some more money, eh??

Ah but who cares … lets rejoice about the Avery news. The last NHL refuge for that lousy player has finally come to their senses. Let him take his act to Europe.

by rev0lver19 on Oct 5, 2011 11:34 AM CDT reply actions  

About buyouts and salar cap hits...

If the Rangers had not signed Avery, and he played in the AHL or Europe, would his salary still have counted against our salary cap?

Whatever the answer, I think they need to address it next CBA, What the Rangers do should not put our salary cap situation in jeopardy. I know we only have a $300k issue, but what if we had bought out a $6M mistake? Then we would have a $3M swing depending upon what some other team decided to do with their roster. I just does not make sense to be shuffling players/signing free agents/cutting prospects after September.

by denniso on Oct 5, 2011 12:25 PM CDT reply actions  

To answer your question, no, it wouldn't.

It would have been as if we had waived him and he was never claimed. Once a team passes a player through waivers, his salary no longer counts against the cap.

I think they plan on addressing the re-entry waivers during the next talk. I honestly don’t think it had the desired effect that they thought it would, and this is a good example of how it can hurt a team. But it also hasn’t really occurred that often, so they may just ignore it instead. Who knows.

"I want to have Jamie Benn's babies. And you can quote me on that." - Brandon Worley

by Tsudbury on Oct 5, 2011 12:35 PM CDT up reply actions  

While Avery would not have counted against the Stars cap in that case

The Stars would have still had to pay him $4 mil a year. So the way it worked out the Stars got the Rangers to pay 50% of his salary and the Stars had to take the cap hit (as well as pay) the remaining 50%. This was not an issue for the Stars since cap ceiling was like the moon. Now this year when that was included in the floor it needs to be accounted for. But should be easy to hit with the inevitable injuries through the year.

by 1paniolo on Oct 5, 2011 1:05 PM CDT up reply actions  

50 contracts

The contracts for Campbell, Nemeth and Klingberg don’t count towards the 50 max contracts this year, so the Stars could sign a Free Agent or trade for someone while giving up a draft pick. These seem highly unlikely, but possible. If you go to Gapgeek.com look for EL SR after a player’s name and if that player doesn’t play more than 9 NHL games this year I may be off on the number of games), then their contract “slides” a year and doesn’t count towards the 50 max rule.

by irchmo on Oct 6, 2011 6:40 PM CDT reply actions  

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