Yesterday I introduced Part 4 of my series on the Cap Advantage Recapture Penalty (CARP), detailing a way the League could help the Predators out of their Shea Weber cap advantage situation using available cap space in previous seasons. Today I will provide a more simple and perhaps more likely solution to the Predators’ possible future woes.
(Just a quick note, my first, second, and third posts on this topic can be found at the links provided. I highly suggest giving them a read if you need some background info on what the CARP is and how it works.)
The Collective Bargaining Agreement (CBA), which introduced the CARP has a rather straightforward passage that might be interpreted to help the Predators:
Section 50.5(d)(ii)(B)(2):Notwithstanding the provisions of Sections 50.5(d)(ii)(A) and (B), in the event that any such Long-Term Contract is Assigned during its term, each Club for which the Player plays under the terms of that Long-Term Contract shall be subject to being charged with any and all “Cap Advantage Recapture” amounts it receives pursuant to that Long-Term Contract, provided, however, that if a Club Traded a Long-Term Contract prior to the execution of this Agreement (including any binding Memorandum of Understanding) under which it gained a “cap advantage,” the “Cap Advantage Recapture” shall not apply to that Club for that Long-Term Contract. For purposes of clarity, the Club to whom such Long-Term Contract was Assigned after the execution of this Agreement (including any binding Memorandum of Understanding) shall be subject to the Cap Advantage Recapture (if any).
[emphasis in the original text]
To put it more simply: Contracts that could incur a CARP that were acquired by trade prior to the signing of the 2013 CBA will not accrue cap advantage against the recipient team.