Bill Text: NY A03793 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the salary cap for BOCES intermediate district superintendents.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A03793 Detail]

Download: New_York-2019-A03793-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3793
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of  A.  McDONOUGH, BLANKENBUSH, RA, GALEF, LAWRENCE,
          CROUCH, RAIA, MORINELLO, BRABENEC -- Multi-Sponsored by --  M.  of  A.
          BARCLAY -- 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:
     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] title for district superintendents
     7  [for  each  school year through the two thousand two--two thousand three
     8  school year exceed ninety-eight percent of that earned  by  the  commis-
     9  sioner  for state fiscal year nineteen hundred ninety-two--ninety-three,
    10  and in no event shall such total salary for a  district  superintendent]
    11  for the two thousand [three] nineteen--two thousand [four] twenty school
    12  year  or  any subsequent school year exceed: (i) one hundred six percent
    13  of the salary cap applicable in the preceding school year, or (ii) nine-
    14  ty-eight percent of that earned by the commissioner in the two  thousand
    15  [three]  nineteen--two thousand [four] twenty state fiscal year[, which-
    16  ever is less]. In no event shall any district superintendent be  permit-
    17  ted  to accumulate vacation or sick leave credits in excess of the vaca-
    18  tion and sick leave credits  managerial/confidential  employees  of  the
    19  state are permitted to accumulate pursuant to regulations promulgated by
    20  the  state civil service commission, nor may any district superintendent
    21  at the time of separation from service be compensated  for  accrued  and
    22  unused  vacation  credits  or sick leave, or use accrued and unused sick
    23  leave for retirement service credit or to pay for  health  insurance  in
    24  retirement,   at   a   rate   in   excess   of  the  rate  permitted  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01713-01-9
        A. 3793                             2
     1  managerial/confidential employees of the state pursuant  to  regulations
     2  of  the  state  civil  service commission. In addition to the payment of
     3  supplementary salary, a board of cooperative  educational  services  may
     4  provide  for  the  payment  of all or a portion of the cost of insurance
     5  benefits for the district superintendent of schools, including  but  not
     6  limited to health insurance, disability insurance, life insurance or any
     7  other     form     of    insurance    benefit    made    available    to
     8  managerial/confidential employees of the state; provided that  any  such
     9  payments  for  whole life, split dollar or other life insurance policies
    10  having a cash value shall  be  included  in  the  total  salary  of  the
    11  district  superintendent for purposes of this subparagraph, and provided
    12  further that any payments  for  the  employee  contribution,  co-pay  or
    13  uncovered  medical  expenses under a health insurance plan also shall be
    14  included in the total salary of the district superintendent.    Notwith-
    15  standing  any  other provision of law, payments for such insurance bene-
    16  fits may be based on the district superintendent's total salary  or  the
    17  amount  of his or her supplementary salary only. Any payments for trans-
    18  portation or travel expenses in excess of  actual,  documented  expenses
    19  incurred  in  the  performance  of  duties  for the board of cooperative
    20  educational services or the state, and any other lump  sum  payment  not
    21  specifically  excluded  from total salary pursuant to this subparagraph,
    22  shall be included in the total salary of the district superintendent for
    23  purposes of this subparagraph. Nothing herein shall prohibit a  district
    24  superintendent  from  waiving  any  rights  provided  for in an existing
    25  contract or agreement  as  hereafter  prohibited  in  favor  of  revised
    26  compensation  or  benefit  provisions  as  permitted herein. In no event
    27  shall the terms of the district superintendent's contract, including any
    28  provisions relating to an increase  in  salary,  compensation  or  other
    29  benefits,  be  contingent  upon  the terms of any contract or collective
    30  bargaining  agreement  between  the  board  of  cooperative  educational
    31  services and its teachers or other employees. The commissioner may adopt
    32  regulations for the purpose of implementing the provisions of this para-
    33  graph.
    34    § 2. This act shall take effect immediately.