senate Bill S6560

2013-2014 Legislative Session

Relates to the salary cap for district superintendents

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 06, 2014 referred to education

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S6560 - Bill Details

See Assembly Version of this Bill:
A8956
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง1950, Ed L

S6560 - Bill Texts

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Relates to the salary cap for district superintendents.

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BILL NUMBER:S6560

TITLE OF BILL: An act to amend the education law, in relation to the
salary cap for district superintendents

PURPOSE:

This bill would amend the salary cap for district superintendents.

SUMMARY OF PROVISIONS:

Section 1 - Amends 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 to adjust the current superintendent salary cap based upon the
current salary paid to the commissioner.

Section 2 - Effective date

JUSTIFICATION:

When passed in 1993 existing law capped the salary of BOCES Superinten-
dents at 98% of the State Education Department Commissioner's salary in
the year 1994 which was later adjusted to the Commissioner's salary in
2004 which is equivalent to $166,762. As a result some BOCES superinten-
dents make much less than colleagues in their region, and therefore,
BOCES districts have begun to experience difficulty recruiting and
retaining professional educators with the experience necessary to be a
successful BOCES leader.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

To be determined based upon the salary amounts approved by individual
districts.

EFFECTIVE DATE:

This act shall take effect immediately.

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                    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.

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