S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5157
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  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]  SEVENTEEN--two  thousand  [four]  EIGHTEEN
 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] SEVENTEEN--two thousand [four]  EIGHTEEN  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 promulgat-
 ed by the state civil service commission, nor may  any  district  super-
 intendent  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09451-01-7

 A. 5157                             2
 
 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.