Bill Text: NY S03203 | 2017-2018 | General Assembly | Amended


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

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2018-06-07 - SUBSTITUTED BY A2112A [S03203 Detail]

Download: New_York-2017-S03203-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3203--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced by Sens. DeFRANCISCO, AKSHAR, FUNKE -- read twice and ordered
          printed,  and  when printed to be committed to the Committee on Educa-
          tion -- recommitted to the Committee on Education in  accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        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
    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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06784-03-8

        S. 3203--A                          2
     1  retirement service credit or to pay for health insurance in  retirement,
     2  at  a  rate  in  excess of the rate permitted to managerial/confidential
     3  employees of the state  pursuant  to  regulations  of  the  state  civil
     4  service  commission. In addition to the payment of supplementary salary,
     5  a board of cooperative educational services may provide for the  payment
     6  of  all  or a portion of the cost of insurance benefits for the district
     7  superintendent of schools, including but not limited  to  health  insur-
     8  ance,  disability  insurance, life insurance or any other form of insur-
     9  ance benefit made available to managerial/confidential employees of  the
    10  state;  provided  that any such payments for whole life, split dollar or
    11  other life insurance policies having a cash value shall be  included  in
    12  the  total  salary  of  the district superintendent for purposes of this
    13  subparagraph, and provided further that any payments  for  the  employee
    14  contribution, co-pay or uncovered medical expenses under a health insur-
    15  ance  plan  also  shall  be included in the total salary of the district
    16  superintendent.  Notwithstanding any other provision  of  law,  payments
    17  for  such  insurance  benefits  may be based on the district superinten-
    18  dent's total salary or the amount of his  or  her  supplementary  salary
    19  only.  Any  payments  for transportation or travel expenses in excess of
    20  actual, documented expenses incurred in the performance  of  duties  for
    21  the  board  of  cooperative  educational  services or the state, and any
    22  other lump sum payment  not  specifically  excluded  from  total  salary
    23  pursuant  to this subparagraph, shall be included in the total salary of
    24  the district superintendent for purposes of this  subparagraph.  Nothing
    25  herein  shall prohibit a district superintendent from waiving any rights
    26  provided for in an existing contract or agreement as hereafter prohibit-
    27  ed in favor of revised compensation or benefit provisions  as  permitted
    28  herein.  In  no  event  shall the terms of the district superintendent's
    29  contract, including any provisions relating to an  increase  in  salary,
    30  compensation  or  other  benefits,  be  contingent upon the terms of any
    31  contract or collective bargaining agreement between the board of cooper-
    32  ative educational services and its  teachers  or  other  employees.  The
    33  commissioner  may  adopt regulations for the purpose of implementing the
    34  provisions of this paragraph.
    35    § 2. This act shall take effect immediately.
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