Bill Text: NY A02112 | 2017-2018 | General Assembly | Amended

Bill Title: Extends effectiveness of provisions relating to BOCES intermediate districts.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Vetoed) 2018-12-28 - tabled [A02112 Detail]

Download: New_York-2017-A02112-Amended.html

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
        Introduced  by  M.  of  A.  NOLAN,  LUPARDO,  GALEF,  WOERNER, McDONALD,
          SEPULVEDA, JAFFEE, PAULIN, LIFTON -- read once  and  referred  to  the
          Committee  on  Education  -- reported and referred to the Committee on
          Ways and Means -- recommitted to the Committee on Ways  and  Means  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
        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:
     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] eighteen--two thousand [four] nineteen school  year  or
    12  any  subsequent  school  year exceed: (i) one hundred six percent of the
    13  salary cap applicable in the preceding school year, or (ii) ninety-eight
    14  percent of that earned by the commissioner in the two  thousand  [three]
    15  eighteen--two  thousand  [four] nineteen state fiscal year, whichever is
    16  less. In no event shall any  district  superintendent  be  permitted  to
    17  accumulate  vacation or sick leave credits in excess of the vacation and
    18  sick leave credits managerial/confidential employees of  the  state  are
    19  permitted to accumulate pursuant to regulations promulgated by the state
    20  civil  service  commission,  nor  may any district superintendent at the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2112--A                          2
     1  time of separation from service be compensated for  accrued  and  unused
     2  vacation credits or sick leave, or use accrued and unused sick leave for
     3  retirement  service credit or to pay for health insurance in retirement,
     4  at  a  rate  in  excess of the rate permitted to managerial/confidential
     5  employees of the state  pursuant  to  regulations  of  the  state  civil
     6  service  commission. In addition to the payment of supplementary salary,
     7  a board of cooperative educational services may provide for the  payment
     8  of  all  or a portion of the cost of insurance benefits for the district
     9  superintendent of schools, including but not limited  to  health  insur-
    10  ance,  disability  insurance, life insurance or any other form of insur-
    11  ance benefit made available to managerial/confidential employees of  the
    12  state;  provided  that any such payments for whole life, split dollar or
    13  other life insurance policies having a cash value shall be  included  in
    14  the  total  salary  of  the district superintendent for purposes of this
    15  subparagraph, and provided further that any payments  for  the  employee
    16  contribution, co-pay or uncovered medical expenses under a health insur-
    17  ance  plan  also  shall  be included in the total salary of the district
    18  superintendent.  Notwithstanding any other provision  of  law,  payments
    19  for  such  insurance  benefits  may be based on the district superinten-
    20  dent's total salary or the amount of his  or  her  supplementary  salary
    21  only.  Any  payments  for transportation or travel expenses in excess of
    22  actual, documented expenses incurred in the performance  of  duties  for
    23  the  board  of  cooperative  educational  services or the state, and any
    24  other lump sum payment  not  specifically  excluded  from  total  salary
    25  pursuant  to this subparagraph, shall be included in the total salary of
    26  the district superintendent for purposes of this  subparagraph.  Nothing
    27  herein  shall prohibit a district superintendent from waiving any rights
    28  provided for in an existing contract or agreement as hereafter prohibit-
    29  ed in favor of revised compensation or benefit provisions  as  permitted
    30  herein.  In  no  event  shall the terms of the district superintendent's
    31  contract, including any provisions relating to an  increase  in  salary,
    32  compensation  or  other  benefits,  be  contingent upon the terms of any
    33  contract or collective bargaining agreement between the board of cooper-
    34  ative educational services and its  teachers  or  other  employees.  The
    35  commissioner  may  adopt regulations for the purpose of implementing the
    36  provisions of this paragraph.
    37    § 2. This act shall take effect immediately.