S T A T E O F N E W Y O R K
________________________________________________________________________
5157
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
___________
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] SEVENTEEN--two thousand [four] EIGHTEEN
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] SEVENTEEN--two thousand [four] EIGHTEEN 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 promulgat-
ed by the state civil service commission, nor may any district super-
intendent 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.
LBD09451-01-7
A. 5157 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.
§ 2. This act shall take effect immediately.