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

                                  5613

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to  the  salary  cap  for
  BOCES 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] TITLE 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 commis-
sioner 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] FIFTEEN--two thousand [four] SIXTEEN 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) nine-
ty-eight  percent of that earned by the commissioner in the two thousand
[three] FIFTEEN--two thousand [four] SIXTEEN state fiscal year[,  which-
ever  is less]. In no event shall any district superintendent be permit-
ted to accumulate vacation or sick leave credits in excess of the  vaca-
tion  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01095-02-5
              

A. 5613                             2

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 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
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.