S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9925

                          I N  A S S E M B L Y

                              May 29, 2014
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Nolan,
  Lupardo, Jaffee) -- read once and referred to the Committee on  Educa-
  tion

AN  ACT  to  amend  the  education law, in relation to the effectiveness
  thereof

  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] FOURTEEN--two thousand [four] FIFTEEN  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]
FOURTEEN--two  thousand  [four]  FIFTEEN 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
service commission. In addition to the payment of supplementary  salary,
a  board of cooperative educational services may provide for the payment

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15383-01-4

A. 9925                             2

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.
  S 2. This act shall take effect immediately.