S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5536
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced  by  M. of A. NOLAN, LUPARDO, GALEF, WOERNER, JAFFEE, PAULIN,
   LIFTON -- read once and referred to the Committee on Education
 
 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] 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) ninety-eight
 percent of that earned by the commissioner in the two  thousand  [three]
 NINETEEN--two  thousand  [four]  TWENTY  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09426-01-9

 A. 5536                             2
 
 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.