Bill Text: NY S00033 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 33 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-06-07 - referred to education [S00033 Detail]

Download: New_York-2015-S00033-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          33
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed 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] FIFTEEN--two thousand [four] SIXTEEN 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  FIFTEEN--two  thousand  [four]  SIXTEEN  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01095-03-5
       S. 33                               2
    1  employees  of  the  state  pursuant  to  regulations  of the state civil
    2  service commission. In addition to the payment of supplementary  salary,
    3  a  board of cooperative educational services may provide for the payment
    4  of  all  or a portion of the cost of insurance benefits for the district
    5  superintendent of schools, including but not limited  to  health  insur-
    6  ance,  disability  insurance, life insurance or any other form of insur-
    7  ance benefit made available to managerial/confidential employees of  the
    8  state;  provided  that any such payments for whole life, split dollar or
    9  other life insurance policies having a cash value shall be  included  in
   10  the  total  salary  of  the district superintendent for purposes of this
   11  subparagraph, and provided further that any payments  for  the  employee
   12  contribution, co-pay or uncovered medical expenses under a health insur-
   13  ance  plan  also  shall  be included in the total salary of the district
   14  superintendent.  Notwithstanding any other provision  of  law,  payments
   15  for  such  insurance  benefits  may be based on the district superinten-
   16  dent's total salary or the amount of his  or  her  supplementary  salary
   17  only.  Any  payments  for transportation or travel expenses in excess of
   18  actual, documented expenses incurred in the performance  of  duties  for
   19  the  board  of  cooperative  educational  services or the state, and any
   20  other lump sum payment  not  specifically  excluded  from  total  salary
   21  pursuant  to this subparagraph, shall be included in the total salary of
   22  the district superintendent for purposes of this  subparagraph.  Nothing
   23  herein  shall prohibit a district superintendent from waiving any rights
   24  provided for in an existing contract or agreement as hereafter prohibit-
   25  ed in favor of revised compensation or benefit provisions  as  permitted
   26  herein.  In  no  event  shall the terms of the district superintendent's
   27  contract, including any provisions relating to an  increase  in  salary,
   28  compensation  or  other  benefits,  be  contingent upon the terms of any
   29  contract or collective bargaining agreement between the board of cooper-
   30  ative educational services and its  teachers  or  other  employees.  The
   31  commissioner  may  adopt regulations for the purpose of implementing the
   32  provisions of this paragraph.
   33    S 2. This act shall take effect immediately.