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Senate Bill S1148

2017-2018 Legislative Session

Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year

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Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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2017-S1148 (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §211, R & SS L
Versions Introduced in Other Legislative Sessions:
2009-2010: S566
2011-2012: S937
2013-2014: S1501
2015-2016: S456

2017-S1148 (ACTIVE) - Summary

Provides that retired persons shall not be employed as the superintendent of schools of a school district for more than one year; provides for a waiver of such provision if such school district demonstrates undue hardship.

2017-S1148 (ACTIVE) - Sponsor Memo

2017-S1148 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1148
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Civil  Service  and
   Pensions
 
 AN  ACT  to amend the retirement and social security law, in relation to
   the employment of retired persons as superintendents of schools

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  211 of the retirement and social security law is
 amended by adding a new subdivision 4-a to read as follows:
   4-A. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  A
 RETIRED PERSON EMPLOYED UNDER THIS SECTION BY A SCHOOL DISTRICT TO SERVE
 AS  THE  SUPERINTENDENT  OF  SCHOOLS  FOR SUCH SCHOOL DISTRICT SHALL NOT
 SERVE AS SUCH SUPERINTENDENT FOR MORE THAN ONE YEAR.  ON OR  BEFORE  THE
 CONCLUSION  OF  SUCH ONE YEAR PERIOD SUCH SCHOOL DISTRICT SHALL FILL THE
 POSITION OF SUPERINTENDENT OF SCHOOLS WITH A  NON-RETIRED  PERSON  ON  A
 PERMANENT BASIS.
   (B)  THE  COMMISSIONER  OF  EDUCATION  MAY  GRANT  A  WAIVER  FROM THE
 PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO ANY  SCHOOL  DISTRICT
 THAT  DEMONSTRATES TO SUCH COMMISSIONER THAT AFTER DUE DILIGENCE A SUIT-
 ABLE CANDIDATE TO FILL THE POSITION OF SUPERINTENDENT OF SCHOOLS HAS NOT
 BEEN FOUND AND THAT COMPLIANCE WITH PARAGRAPH (A)  OF  THIS  SUBDIVISION
 SHALL  CONSTITUTE  SUBSTANTIAL  HARDSHIP  TO  SUCH  SCHOOL DISTRICT. THE
 COMMISSIONER OF EDUCATION SHALL DETERMINE THE MANNER AND FORM IN WHICH A
 SCHOOL DISTRICT SHALL APPLY FOR A WAIVER PURSUANT TO THIS PARAGRAPH.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05956-01-7

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