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

                                 3547--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. NOLAN, LUPARDO, LIFTON, GALEF, WOERNER -- read
  once and referred to the Committee on Education -- recommitted to  the
  Committee  on  Education in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the education law, in relation to the effectiveness of
  provisions relating to BOCES intermediate districts

  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] SIXTEEN--two thousand [four] SEVENTEEN 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]
SIXTEEN--two  thousand  [four] SEVENTEEN 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01095-05-6
              

A. 3547--A                          2

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 but not limited  to  health  insur-
ance,  disability  insurance, life insurance or any other form of insur-
ance 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 insur-
ance  plan  also  shall  be included in the total salary of the district
superintendent.  Notwithstanding any other provision  of  law,  payments
for  such  insurance  benefits  may be based on the district superinten-
dent's total salary or the amount of his  or  her  supplementary  salary
only.  Any  payments  for transportation 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 prohibit-
ed 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 cooper-
ative educational services and its  teachers  or  other  employees.  The
commissioner  may  adopt regulations for the purpose of implementing the
provisions of this paragraph.
  S 2. This act shall take effect immediately.