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50.10(c) - Supplemental Discipline and Cap Hit

Oct. 5, 2023 at 3:00 p.m.
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Everyone keeps referencing a puck pedia post stating that suspensions for on-ice actions are treated differently from off-ice suspensions and are counted against the salary cap. I'm trying to find an official reference of this, either from a league statement or somewhere in the CBA, and am coming up blank.

Here's the full text of 50.10(c):

Quoting: 5010c
For Players that are suspended, either by a Club or by the League, the Player Salary and Bonuses that are not paid to such Players shall not count against a Club's Upper Limit or against the Players' Share for the duration of the suspension, but the Club must have Payroll Room for such Player's Player Salary and Bonuses in order for such Player to be able to return to Play for the Club.


There's an entire section of the CBA dedicated to supplemental discipline, and two entire subsection dedicated to the forfeiture of salary, but nowhere in the entirety of the CBA does it contradict 50.10(c) stating that suspended players (without specifying a reason) don't count against the cap.

Here's the reference from Article 18:

Quoting: Article18
18.15 Forfeiture of Compensation Upon Suspension. The amount of compensation that will be forfeited by the Player upon suspension shall be calculated on the following basis:

(a) for "first" offenders (first incident requiring Supplementary Discipline for On-Ice Conduct in the form of a game suspension determined pursuant to Section 18.15(d)), Player to forfeit one (1) day's Paragraph 1 NHL Salary and Bonuses, but not including Performance Bonuses, for each Regular Season Game lost (1/total number of days in the season measured
from the date of the League's first Regular Season Game to the last, irrespective of the Player's team's schedule);

(b) for "repeat" offenders (second or more incidents requiring game suspension determined pursuant to Section 18.15(d)), Player to forfeit one (1) NHL Game's Paragraph 1 NHL Salary and Bonuses, but not including Performance Bonuses, for each Regular Season Game lost (1/number of Regular Season Games for each Regular Season Game suspended);

(c) Player Salary and Bonuses forfeited due to a suspension will be calculated based on a Player's Averaged Amount, as defined in Article 50 of this Agreement; and

(d) status as a "first" or "repeat" offender shall be re-determined every eighteen (18) months on a rolling basis. For example, where a Player is suspended for the first time, he becomes a repeat offender if he is suspended again within eighteen (18) months of the first incident. If he does not have another suspension within eighteen (18) months of the first incident, his next suspension will be treated as a "first" offense.

18.16 Use of Fine Money and Forfeited Salary.

(a) Monies forfeited shall not be included in Actual Club Salary.

(b) Within ten (10) days of the Club's final Regular Season Game, the Club involved shall furnish the League and the NHLPA with proof that any sums deducted from the Player's Paragraph 1 NHL Salary and Bonuses due to a fine or suspension were, in fact, deducted. The Club shall be responsible for paying an amount equal to the withheld Paragraph 1 NHL Salary and Bonuses to the League Office within ten (10) days of the amount being withheld.

(c) Subject to the following, no such sums shall be returned to the Player in any manner or form. Upon completion of the later of:

(i) expiration of the time for requesting Commissioner review,
(ii) any Commissioner decision which is not subject to further review,
(iii) expiration of the time for requesting appeal to the NDA, or (iv) the NDA decision, the amount withheld, if any, shall be transferred to the NHL Players' Emergency Assistance Fund. The Player shall be repaid any amounts (where applicable) as a result of the Commissioner or the NDA reducing his penalty or pursuant to a direction of the Impartial Arbitrator.


I know we've seen examples of it before, so I'm not saying that it's not true. I just can't find anything in the CBA (or any reference to an official clarification) explaining why that is. Does anyone know when or how this was clarified by the league?
 
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