S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3793
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH, BLANKENBUSH, RA, GALEF, LAWRENCE,
   CROUCH, RAIA, MORINELLO, BRABENEC -- Multi-Sponsored by --  M.  of  A.
   BARCLAY -- 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] NINETEEN--two thousand [four] TWENTY 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) nine-
 ty-eight percent of that earned by the commissioner in the two  thousand
 [three]  NINETEEN--two thousand [four] TWENTY state fiscal year[, which-
 ever is less]. In no event shall any district superintendent be  permit-
 ted  to accumulate vacation or sick leave credits in excess of the vaca-
 tion 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 retirement service credit or to pay for  health  insurance  in
 retirement,   at   a   rate   in   excess   of  the  rate  permitted  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01713-01-9

 A. 3793                             2
 
 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 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.