S T A T E O F N E W Y O R K
________________________________________________________________________
6560
I N S E N A T E
February 6, 2014
___________
Introduced by Sen. DeFRANCISCO -- 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 the salary cap for
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
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 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13797-01-4
S. 6560 2
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.