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

                                  33--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education  --  recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec.  8  --  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

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

                                                           LBD01095-04-6

S. 33--A                            2

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 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.