S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3203--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced by Sens. DeFRANCISCO, AKSHAR, FUNKE -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Educa-
   tion -- recommitted 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]  EIGHTEEN--two thousand [four] NINETEEN 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]
 EIGHTEEN--two thousand [four] NINETEEN 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.
              

                                                            LBD06784-03-8

 S. 3203--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.
   § 2. This act shall take effect immediately.