ARTICLE XVI—Deferred Compensation
There shall be no limitations on either the amount of deferred compensation
or the percentage of total compensation attributable to deferred
compensation for which a Uniform Player’s Contract may provide.
...
Deferred compensation obligations incurred in a Contract
executed on or after September 30, 2002 must be fully funded by the
Club, in an amount equal to the present value of the total deferred compensation
obligation, on or before the second July 1 following the
championship season in which the deferred compensation is earned.
For purposes of this Article XVI, full funding of the present value of
deferred compensation obligations shall mean that the Club must have
funded, for the duration of and without interruption in each year, the
current present value of the then outstanding deferred payments, discounted
by 5% annually. If the prime interest rate in effect at The J.P.
Morgan Chase Bank on the immediately preceding November 1 is 7%
or higher, the Parties shall meet and confer regarding this Article XVI
discount rate and may, with due notice to the Clubs, amend such discount
rate effective the next succeeding July 1.
...
Unless the Uniform Player’s Contract provides otherwise, a Club may
fund deferred compensation obligations in such manner as it elects,
provided that: (a) the funding method used by the Club must be such
that the amount(s) funded are exclusively for the uses and purposes of
satisfying the deferred compensation obligation(s) being funded; (b)
the amount(s) funded are maintained in the form of unencumbered
assets comprising cash or cash equivalents and/or registered and unrestricted
readily marketable securities, unless a Club obtains the Parties’
prior written authorization of an alternative form; and (c) such
amount(s) funded are subject to the claims of the Club’s general creditors.
Each Club shall certify quarterly to the Office of the Commissioner
by January 31, April 30, July 31, and October 31 of each year
(and the Office of the Commissioner shall provide such certifications
to the Association within 30 days of their receipt) the manner in which
its deferred compensation obligations that were required to be funded
by the immediately preceding July 1 have been funded. In addition,
upon each quarterly certification, each Club shall provide to the Office
of the Commissioner all records relating to its deferred compensation
funding arrangements, and the Office of the Commissioner shall supply
any such records to the Association upon request.