Bill Text: NY A05536 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A05536 Detail]

Download: New_York-2019-A05536-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5536
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2019
                                       ___________
        Introduced  by  M. of A. NOLAN, LUPARDO, GALEF, WOERNER, JAFFEE, PAULIN,
          LIFTON -- read once and referred to the Committee on Education
        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] nineteen--two thousand [four] twenty school year or any
    12  subsequent school year exceed: (i) one hundred six percent of the salary
    13  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  nineteen--two  thousand  [four]  twenty  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
    21  time of separation from service be compensated for  accrued  and  unused
    22  vacation credits or sick leave, or use accrued and unused sick leave for
    23  retirement  service credit or to pay for health insurance in retirement,
    24  at a rate in excess of the  rate  permitted  to  managerial/confidential
    25  employees  of  the  state  pursuant  to  regulations  of the state civil
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09426-01-9

        A. 5536                             2
     1  service commission. In addition to the payment of supplementary  salary,
     2  a  board of cooperative educational services may provide for the payment
     3  of all or a portion of the cost of insurance benefits for  the  district
     4  superintendent  of  schools,  including but not limited to health insur-
     5  ance, disability insurance, life insurance or any other form  of  insur-
     6  ance  benefit made available to managerial/confidential employees of the
     7  state; provided that any such payments for whole life, split  dollar  or
     8  other  life  insurance policies having a cash value shall be included in
     9  the total salary of the district superintendent  for  purposes  of  this
    10  subparagraph,  and  provided  further that any payments for the employee
    11  contribution, co-pay or uncovered medical expenses under a health insur-
    12  ance plan also shall be included in the total  salary  of  the  district
    13  superintendent.    Notwithstanding  any other provision of law, payments
    14  for such insurance benefits may be based  on  the  district  superinten-
    15  dent's  total  salary  or  the amount of his or her supplementary salary
    16  only. Any payments for transportation or travel expenses  in  excess  of
    17  actual,  documented  expenses  incurred in the performance of duties for
    18  the board of cooperative educational services  or  the  state,  and  any
    19  other  lump  sum  payment  not  specifically  excluded from total salary
    20  pursuant to this subparagraph, shall be included in the total salary  of
    21  the  district  superintendent for purposes of this subparagraph. Nothing
    22  herein shall prohibit a district superintendent from waiving any  rights
    23  provided for in an existing contract or agreement as hereafter prohibit-
    24  ed  in  favor of revised compensation or benefit provisions as permitted
    25  herein. In no event shall the terms  of  the  district  superintendent's
    26  contract,  including  any  provisions relating to an increase in salary,
    27  compensation or other benefits, be contingent  upon  the  terms  of  any
    28  contract or collective bargaining agreement between the board of cooper-
    29  ative  educational  services  and  its  teachers or other employees. The
    30  commissioner may adopt regulations for the purpose of  implementing  the
    31  provisions of this paragraph.
    32    § 2. This act shall take effect immediately.
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