S T A T E   O F   N E W   Y O R K
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                                  5154

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to terms  and  conditions
  of employment for school district superintendents

  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.] In no event shall any district super-
intendent 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  accumulate  pursuant  to  regu-
lations  promulgated  by the state civil service commission, nor may any
district superintendent at  the  time  of  separation  from  service  be
compensated  for  accrued  and unused vacation credits 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. In addition to the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02494-01-9
              

S. 5154                             2

payment of supplementary salary,  a  board  of  cooperative  educational
services  may provide for the payment of all or a portion of the cost of
insurance benefits for the district superintendent of schools, including
but  not  limited to health insurance, disability insurance, life insur-
ance  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 subparagraph, and  provided
further  that  any  payments  for  the  employee contribution, co-pay or
uncovered medical expenses under a health insurance plan also  shall  be
included  in  the total salary of the district superintendent.  Notwith-
standing any other provision of law, payments for such  insurance  bene-
fits  may  be based on the district superintendent's total salary or the
amount of his or her supplementary salary only. Any payments for  trans-
portation  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, including any
provisions  relating  to  an  increase  in salary, compensation or other
benefits, be contingent upon the terms of  any  contract  or  collective
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.