S T A T E O F N E W Y O R K
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3624
2011-2012 Regular Sessions
I N S E N A T E
February 28, 2011
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Introduced by Sen. FUSCHILLO -- 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 salaries of adminis-
trators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 57 to
read as follows:
ARTICLE 57
SALARIES OF ADMINISTRATORS
SECTION 2901. SALARIES OF ADMINISTRATORS.
S 2901. SALARIES OF ADMINISTRATORS. 1. EXCEPT AS PROVIDED IN ARTICLE
FORTY OF THIS CHAPTER, THE MAXIMUM ALLOWABLE ANNUAL SALARY FOR AN ADMIN-
ISTRATOR APPOINTED PURSUANT TO THIS TITLE SHALL BE:
(A) ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR A DISTRICT OR
DISTRICTS WITH A TOTAL ENROLLMENT OF TWO HUNDRED FIFTY OR LESS;
(B) ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS FOR A DISTRICT OR
DISTRICTS WITH A TOTAL ENROLLMENT OF GREATER THAN TWO HUNDRED FIFTY BUT
LESS THAN OR EQUAL TO SEVEN HUNDRED FIFTY;
(C) ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS FOR A DISTRICT OR
DISTRICTS WITH A TOTAL ENROLLMENT OF GREATER THAN SEVEN HUNDRED FIFTY
BUT LESS THAN OR EQUAL TO FIFTEEN HUNDRED;
(D) ONE HUNDRED FIFTY-FIVE THOUSAND DOLLARS FOR A DISTRICT OR
DISTRICTS WITH A TOTAL ENROLLMENT OF GREATER THAN FIFTEEN HUNDRED BUT
LESS THAN OR EQUAL TO THREE THOUSAND;
(E) ONE HUNDRED SIXTY-FIVE THOUSAND DOLLARS FOR A DISTRICT OR
DISTRICTS WITH A TOTAL ENROLLMENT OF GREATER THAN THREE THOUSAND BUT
LESS THAN OR EQUAL TO SIXTY-FIVE HUNDRED; AND
(F) ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR ANY DISTRICT OR
DISTRICTS WITH A TOTAL ENROLLMENT OF GREATER THAN SIXTY-FIVE HUNDRED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09142-08-1
S. 3624 2
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "ADMINISTRATOR" SHALL INCLUDE SUPERINTENDENTS OF SCHOOLS, DEPUTY,
ASSISTANT, ASSOCIATE OR OTHER SUPERINTENDENTS, SCHOOL PRINCIPALS, VICE,
ASSISTANT AND OTHER PRINCIPALS AND ANY CHAIRPERSON, DIRECTOR, COORDINA-
TOR OR OTHER POSITION OF AN ADMINISTRATIVE NATURE. THE TERM ADMINISTRA-
TOR SHALL NOT HOWEVER INCLUDE ANY ADMINISTRATOR APPOINTED PURSUANT TO
ARTICLE FIFTY-TWO-A OF THIS TITLE; AND
(B) "TOTAL ENROLLMENT" SHALL BE DETERMINED AT THE TIME THAT AN EMPLOY-
MENT CONTRACT OR OTHER AGREEMENT FOR AN ADMINISTRATOR IS ENTERED INTO,
RENEWED OR AMENDED AND SHALL BE THE MOST RECENT NUMBER REPORTED TO THE
COMMISSIONER PURSUANT TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS CHAPTER.
3. FOR A DISTRICT OR DISTRICTS WITH A TOTAL ENROLLMENT OF TEN THOUSAND
OR MORE, A SCHOOL BOARD MAY APPROVE AFTER A PUBLIC HEARING A SALARY
WAIVER ALLOWING A SALARY IN EXCESS OF THAT PROVIDED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION. IF APPROVED BY THE LOCAL SCHOOL BOARD, THE
BOARD SHALL TRANSMIT SUCH WAIVER ALONG WITH A STATEMENT OF THE NEED FOR
SUCH WAIVER TO THE COMMISSIONER FOR FINAL APPROVAL.
4. A DISTRICT MAY PROVIDE FOR THE PAYMENT OF ALL OR A PORTION OF THE
COST OF INSURANCE BENEFITS FOR AN ADMINISTRATOR, INCLUDING BUT NOT
LIMITED TO HEALTH INSURANCE, DISABILITY 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 ADMIN-
ISTRATOR FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, 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 ADMINISTRATOR.
5. ANY PAYMENTS FOR TRANSPORTATION OR TRAVEL EXPENSES IN EXCESS OF
ACTUAL, DOCUMENTED EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES AS AN
ADMINISTRATOR, AND ANY OTHER LUMP SUM PAYMENT NOT SPECIFICALLY EXCLUDED
FROM TOTAL SALARY PURSUANT TO THIS SECTION, SHALL BE INCLUDED IN THE
TOTAL SALARY OF THE ADMINISTRATOR FOR PURPOSES OF THIS SECTION.
6. IN NO EVENT SHALL ANY ADMINISTRATOR 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 REGULATIONS PROMULGATED BY THE STATE CIVIL
SERVICE COMMISSION, NOR MAY ANY ADMINISTRATOR 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.
7. NOTHING IN THIS SECTION SHALL PROHIBIT AN ADMINISTRATOR FROM WAIV-
ING ANY RIGHTS PROVIDED FOR IN AN EXISTING CONTRACT OR AGREEMENT AS
HEREAFTER PROHIBITED IN FAVOR OF REVISED COMPENSATION OR BENEFIT
PROVISIONS AS PERMITTED IN THIS SECTION.
8. THE COMMISSIONER MAY ADOPT REGULATIONS IN ORDER TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately; provided, further, that
the limits on salary and compensation of district superintendents
imposed by this act shall only apply to all superintendents appointed or
reappointed after the date on which this act shall have been approved,
and to all contracts and other agreements entered into, extended or
S. 3624 3
amended on or after the date on which this act shall have become a law,
and nothing herein shall impair or reduce the ability of a district
superintendent to be compensated pursuant to a contract or agreement
entered into prior to the effective date of this act.