S T A T E O F N E W Y O R K
________________________________________________________________________
10318
I N A S S E M B L Y
March 18, 2010
___________
Introduced by M. of A. CALHOUN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to removing the salary
cap on district superintendents of BOCES
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 2 of paragraph a of subdivision 4 of section
1950 of the education law, as amended by chapter 698 of the laws of
2003, is amended to read as follows:
(2) Notwithstanding any inconsistent provision of law in no event
shall the total salary including amounts paid pursuant to section twen-
ty-two hundred nine of this chapter for district superintendents for
each school year through the two thousand two--two thousand three school
year exceed ninety-eight percent of that earned by the commissioner for
state fiscal year nineteen hundred ninety-two--ninety-three, and in no
event shall such total salary for a district superintendent for the two
thousand three--two thousand four school year or any subsequent school
year exceed: (i) one hundred six percent of the salary cap applicable in
the preceding school year, or (ii) ninety-eight percent of that earned
by the commissioner in the two thousand three--two thousand four state
fiscal year, whichever is less. PROVIDED, HOWEVER, THAT IF INDIVIDUAL
BOCES BOARDS OPT TO USE LOCAL FUNDS TO CREATE COMPENSATION AGREEMENTS
NECESSARY TO HIRE DISTRICT SUPERINTENDENTS, ANY PORTION OF THE STATE
CONTRIBUTION TO SUPPLEMENT SUCH SALARIES SHALL BE FORFEITED. In no event
shall any district superintendent be permitted to accumulate vacation or
sick leave credits in excess of the vacation and sick leave credits
managerial/confidential employees of the state are permitted to accumu-
late pursuant to regulations promulgated by the state civil service
commission, nor may any district superintendent at the time of sepa-
ration from service be compensated for accrued and unused vacation cred-
its or sick leave, or use accrued and unused sick leave for retirement
service credit or to pay for health insurance in retirement, at a rate
in excess of the rate permitted to managerial/confidential employees of
the state pursuant to regulations of the state civil service commission.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16355-02-0
A. 10318 2
In addition to the payment of supplementary salary, a board of cooper-
ative educational services may provide for the payment of all or a
portion of the cost of insurance benefits for the district superinten-
dent of schools, including but not limited to health insurance, disabil-
ity insurance, life insurance or any other form of insurance benefit
made available to managerial/confidential employees of the state;
provided that any such payments for whole life, split dollar or other
life insurance policies having a cash value shall be included in the
total salary of the district superintendent for purposes of this subpar-
agraph, and provided further that any payments for the employee contrib-
ution, co-pay or uncovered medical expenses under a health insurance
plan also shall be included in the total salary of the district super-
intendent. Notwithstanding any other provision of law, payments for
such insurance benefits may be based on the district superintendent's
total salary or the amount of his or her supplementary salary only. Any
payments for transportation or travel expenses in excess of actual,
documented expenses incurred in the performance of duties for the board
of cooperative educational services or the state, and any other lump sum
payment not specifically excluded from total salary pursuant to this
subparagraph, shall be included in the total salary of the district
superintendent for purposes of this subparagraph. Nothing herein shall
prohibit a district superintendent from waiving any rights provided for
in an existing contract or agreement as hereafter prohibited in favor of
revised compensation or benefit provisions as permitted herein. In no
event shall the terms of the district superintendent's contract, includ-
ing any provisions relating to an increase in salary, compensation or
other benefits, be contingent upon the terms of any contract or collec-
tive bargaining agreement between the board of cooperative educational
services and its teachers or other employees. The commissioner may adopt
regulations for the purpose of implementing the provisions of this para-
graph.
S 2. This act shall take effect immediately.