Bill Text: NY A01628 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the education law, in relation to terms and conditions of employment for school district superintendents

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-01-06 - referred to education [A01628 Detail]

Download: New_York-2009-A01628-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1628
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI,  CALHOUN, JAFFEE -- read once and
         referred to the Committee on Education
       AN ACT to amend the education law, in relation to terms  and  conditions
         of employment for school district superintendents
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph 2 of paragraph a of subdivision 4  of  section
    2  1950    of  the  education law, as amended by chapter 698 of the laws of
    3  2003, is amended to read as follows:
    4    (2) [Notwithstanding any inconsistent provision of  law  in  no  event
    5  shall  the total salary including amounts paid pursuant to section twen-
    6  ty-two hundred nine of this chapter  for  district  superintendents  for
    7  each school year through the two thousand two--two thousand three school
    8  year  exceed ninety-eight percent of that earned by the commissioner for
    9  state fiscal year nineteen hundred ninety-two--ninety-three, and  in  no
   10  event  shall such total salary for a district superintendent for the two
   11  thousand three--two thousand four school year or any  subsequent  school
   12  year exceed: (i) one hundred six percent of the salary cap applicable in
   13  the  preceding  school year, or (ii) ninety-eight percent of that earned
   14  by the commissioner in the two thousand three--two thousand  four  state
   15  fiscal  year,  whichever is less.] In no event shall any district super-
   16  intendent be permitted to accumulate vacation or sick leave  credits  in
   17  excess  of  the  vacation and sick leave credits managerial/confidential
   18  employees of the state are permitted to  accumulate  pursuant  to  regu-
   19  lations  promulgated  by the state civil service commission, nor may any
   20  district superintendent at  the  time  of  separation  from  service  be
   21  compensated  for  accrued  and unused vacation credits or sick leave, or
   22  use accrued and unused sick leave for retirement service  credit  or  to
   23  pay  for health insurance in retirement, at a rate in excess of the rate
   24  permitted to managerial/confidential employees of the state pursuant  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02494-01-9
       A. 1628                             2
    1  regulations  of  the  state civil service commission. In addition to the
    2  payment of supplementary salary,  a  board  of  cooperative  educational
    3  services  may provide for the payment of all or a portion of the cost of
    4  insurance benefits for the district superintendent of schools, including
    5  but  not  limited to health insurance, disability insurance, life insur-
    6  ance  or  any  other  form  of  insurance  benefit  made  available   to
    7  managerial/confidential  employees  of the state; provided that any such
    8  payments for whole life, split dollar or other life  insurance  policies
    9  having  a  cash  value  shall  be  included  in  the total salary of the
   10  district superintendent for purposes of this subparagraph, and  provided
   11  further  that  any  payments  for  the  employee contribution, co-pay or
   12  uncovered medical expenses under a health insurance plan also  shall  be
   13  included  in  the total salary of the district superintendent.  Notwith-
   14  standing any other provision of law, payments for such  insurance  bene-
   15  fits  may  be based on the district superintendent's total salary or the
   16  amount of his or her supplementary salary only. Any payments for  trans-
   17  portation  or  travel  expenses in excess of actual, documented expenses
   18  incurred in the performance of  duties  for  the  board  of  cooperative
   19  educational  services  or  the state, and any other lump sum payment not
   20  specifically excluded from total salary pursuant to  this  subparagraph,
   21  shall be included in the total salary of the district superintendent for
   22  purposes  of this subparagraph. Nothing herein shall prohibit a district
   23  superintendent from waiving any  rights  provided  for  in  an  existing
   24  contract  or  agreement  as  hereafter  prohibited  in  favor of revised
   25  compensation or benefit provisions as  permitted  herein.  In  no  event
   26  shall the terms of the district superintendent's contract, including any
   27  provisions  relating  to  an  increase  in salary, compensation or other
   28  benefits, be contingent upon the terms of  any  contract  or  collective
   29  bargaining  agreement  between  the  board  of  cooperative  educational
   30  services and its teachers or other employees. The commissioner may adopt
   31  regulations for the purpose of implementing the provisions of this para-
   32  graph.
   33    S 2. This act shall take effect immediately.