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Assembly Bill A8586

2009-2010 Legislative Session

Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A8586 - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law

2009-A8586 - Summary

Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year; provides for a waiver of such provision if such school district demonstrates undue hardship.

2009-A8586 - Sponsor Memo

2009-A8586 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8586

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced by M. of A. FIELDS, SALADINO -- read once and referred to the
  Committee on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  the employment of retired persons as superintendents of schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  211 of the retirement and social security law is
amended by adding a new subdivision 4-a to read as follows:
  4-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  A
RETIRED PERSON EMPLOYED UNDER THIS SECTION BY A SCHOOL DISTRICT TO SERVE
AS  THE  SUPERINTENDENT  OF  SCHOOLS  FOR SUCH SCHOOL DISTRICT SHALL NOT
SERVE AS SUCH SUPERINTENDENT FOR MORE THAN ONE YEAR.  ON OR  BEFORE  THE
CONCLUSION  OF  SUCH ONE YEAR PERIOD SUCH SCHOOL DISTRICT SHALL FILL THE
POSITION OF SUPERINTENDENT OF SCHOOLS WITH A  NON-RETIRED  PERSON  ON  A
PERMANENT BASIS.
  (B)  THE  COMMISSIONER  OF  EDUCATION  MAY  GRANT  A  WAIVER  FROM THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO ANY  SCHOOL  DISTRICT
THAT  DEMONSTRATES TO SUCH COMMISSIONER THAT AFTER DUE DILIGENCE A SUIT-
ABLE CANDIDATE TO FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS HAS NOT
BEEN FOUND AND THAT COMPLIANCE WITH PARAGRAPH (A)  OF  THIS  SUBDIVISION
SHALL  CONSTITUTE  SUBSTANTIAL  HARDSHIP  TO  SUCH  SCHOOL DISTRICT. THE
COMMISSIONER OF EDUCATION SHALL DETERMINE THE MANNER AND FORM IN WHICH A
SCHOOL DISTRICT SHALL APPLY FOR A WAIVER PURSUANT TO THIS PARAGRAPH.
  S 2. This act shall take effect July 1, 2009.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04933-01-9

2009-A8586A (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law

2009-A8586A (ACTIVE) - Summary

Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year; provides for a waiver of such provision if such school district demonstrates undue hardship.

2009-A8586A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8586--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M.  of  A. FIELDS, SALADINO, REILLY, RAIA, GALEF, SPANO,
  McDONOUGH, HOOPER -- Multi-Sponsored by -- M.  of  A.  BOYLE,  CASTRO,
  CONTE,  MAISEL  --  read once and referred to the Committee on Govern-
  mental Employees --  recommitted  to  the  Committee  on  Governmental
  Employees  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the retirement and social security law, in  relation  to
  the employment of retired persons as superintendents of schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 211 of the retirement and social  security  law  is
amended by adding a new subdivision 4-a to read as follows:
  4-A.  (A)  EXCEPT  AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, A
RETIRED PERSON EMPLOYED UNDER THIS SECTION BY A SCHOOL DISTRICT TO SERVE
AS THE SUPERINTENDENT OF SCHOOLS FOR  SUCH  SCHOOL  DISTRICT  SHALL  NOT
SERVE  AS  SUCH SUPERINTENDENT FOR MORE THAN ONE YEAR.  ON OR BEFORE THE
CONCLUSION OF SUCH ONE YEAR PERIOD SUCH SCHOOL DISTRICT SHALL  FILL  THE
POSITION  OF  SUPERINTENDENT  OF  SCHOOLS WITH A NON-RETIRED PERSON ON A
PERMANENT BASIS.
  (B) THE  COMMISSIONER  OF  EDUCATION  MAY  GRANT  A  WAIVER  FROM  THE
PROVISIONS  OF  PARAGRAPH (A) OF THIS SUBDIVISION TO ANY SCHOOL DISTRICT
THAT DEMONSTRATES TO SUCH COMMISSIONER THAT AFTER DUE DILIGENCE A  SUIT-
ABLE CANDIDATE TO FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS HAS NOT
BEEN  FOUND  AND  THAT COMPLIANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION
SHALL CONSTITUTE SUBSTANTIAL  HARDSHIP  TO  SUCH  SCHOOL  DISTRICT.  THE
COMMISSIONER OF EDUCATION SHALL DETERMINE THE MANNER AND FORM IN WHICH A
SCHOOL DISTRICT SHALL APPLY FOR A WAIVER PURSUANT TO THIS PARAGRAPH.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04933-05-0

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