S T A T E   O F   N E W   Y O R K
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                                  6226

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2011
                               ___________

Introduced  by  M.  of  A. NOLAN -- (at request of the Governor) -- read
  once and referred to the Committee on Education

AN ACT to amend the education law, in relation to  the  salary  cap  for
  school superintendents

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  3102
to read as follows:
  S  3102.  LIMITATION  ON  SALARY OF SCHOOL SUPERINTENDENTS.   1. DEFI-
NITION. FOR PURPOSES OF THIS SECTION:  (A)  "SUPERINTENDENT"  MEANS  THE
SUPERINTENDENT  OF  SCHOOLS,  EXCEPT IN A CITY SCHOOL DISTRICT IN A CITY
HAVING A POPULATION OF ONE MILLION INHABITANTS OR MORE; AND
  (B) "TOTAL ANNUAL SALARY" MEANS THE TOTAL AMOUNT OF COMPENSATION TO BE
PAID TO A SUPERINTENDENT OR ADMINISTRATOR FOR SERVICES IN A SCHOOL YEAR,
PROVIDED SUCH TERM SHALL INCLUDE  DEFERRED  COMPENSATION  EARNED  DURING
THAT SCHOOL YEAR AND ANY LUMP-SUM CASH PAYMENTS MADE TO SUCH SUPERINTEN-
DENT OR ADMINISTRATOR IN SUCH SCHOOL YEAR.
  2.  LIMITATION  ON  SALARIES.    (A)  NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW, NO  EMPLOYMENT  CONTRACT  OF  A  SUPERINTENDENT  SHALL
PROVIDE  FOR  A  TOTAL  ANNUAL SALARY IN EXCESS OF THE FOLLOWING LIMITA-
TIONS:
  (I) ONE HUNDRED TWENTY-FIVE THOUSAND  DOLLARS  ($125,000)  FOR  SCHOOL
DISTRICTS  WHOSE TOTAL ENROLLMENT IS TWO HUNDRED FIFTY (250) STUDENTS OR
LESS;
  (II) ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS  ($135,000)  FOR  SCHOOL
DISTRICTS  WHOSE TOTAL ENROLLMENT IS BETWEEN TWO HUNDRED FIFTY-ONE (251)
STUDENTS AND SEVEN HUNDRED FIFTY (750) STUDENTS;
  (III) ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS  ($145,000)  FOR  SCHOOL
DISTRICTS  WHOSE  TOTAL  ENROLLMENT  IS  BETWEEN SEVEN HUNDRED FIFTY-ONE
(751) STUDENTS AND ONE THOUSAND FIVE HUNDRED (1,500) STUDENTS;
  (IV) ONE HUNDRED FIFTY-FIVE THOUSAND  DOLLARS  ($155,000)  FOR  SCHOOL
DISTRICTS  WHOSE  TOTAL  ENROLLMENT IS BETWEEN ONE THOUSAND FIVE HUNDRED
ONE (1,501) STUDENTS AND THREE THOUSAND (3,000) STUDENTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12018-04-1

A. 6226                             2

  (V) ONE HUNDRED SIXTY-FIVE  THOUSAND  DOLLARS  ($165,000)  FOR  SCHOOL
DISTRICTS  WHOSE  TOTAL ENROLLMENT IS BETWEEN THREE THOUSAND ONE (3,001)
STUDENTS AND SIX THOUSAND FIVE HUNDRED (6,500) STUDENTS; AND
  (VI)  ONE  HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) FOR SCHOOL
DISTRICTS WHOSE TOTAL ENROLLMENT EXCEEDS SIX THOUSAND FIVE  HUNDRED  ONE
(6,501) STUDENTS.
  (B)  IN  NO  EVENT SHALL ANY SUPERINTENDENT BE PERMITTED TO ACCUMULATE
VACATION OR SICK LEAVE CREDITS IN EXCESS OF THE VACATION AND SICK  LEAVE
CREDITS  MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE ARE PERMITTED TO
ACCUMULATE PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE  STATE  CIVIL
SERVICE COMMISSION, NOR MAY ANY SUPERINTENDENT AT THE TIME OF SEPARATION
FROM  SERVICE  BE COMPENSATED FOR ACCRUED AND UNUSED VACATION CREDITS OR
SICK LEAVE, OR USE ACCRUED AND UNUSED SICK LEAVE OR TO  PAY  FOR  HEALTH
INSURANCE  IN  RETIREMENT,  AT A RATE IN EXCESS OF THE RATE PERMITTED TO
MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE PURSUANT  TO  REGULATIONS
OF  THE  STATE  CIVIL  SERVICE COMMISSION. IN ADDITION TO THE PAYMENT OF
SALARY, A SCHOOL DISTRICT MAY PROVIDE  FOR  THE  PAYMENT  OF  ALL  OR  A
PORTION  OF THE COST OF INSURANCE BENEFITS FOR A SUPERINTENDENT, INCLUD-
ING BUT NOT LIMITED TO  HEALTH  INSURANCE,  DISABILITY  INSURANCE,  LIFE
INSURANCE  OR  ANY  OTHER  FORM  OF  INSURANCE BENEFIT MADE AVAILABLE TO
MANAGERIAL/CONFIDENTIAL EMPLOYEES OF THE STATE; PROVIDED THAT  ANY  SUCH
PAYMENTS  FOR  WHOLE LIFE, SPLIT DOLLAR OR OTHER LIFE INSURANCE POLICIES
HAVING A CASH VALUE SHALL BE INCLUDED IN THE TOTAL ANNUAL SALARY OF  THE
SUPERINTENDENT  FOR  PURPOSES  OF THIS SUBDIVISION, AND PROVIDED FURTHER
THAT ANY PAYMENTS FOR THE EMPLOYEE  CONTRIBUTION,  CO-PAY  OR  UNCOVERED
MEDICAL EXPENSES UNDER A HEALTH INSURANCE PLAN ALSO SHALL BE INCLUDED IN
THE  TOTAL  ANNUAL  SALARY  OF THE SUPERINTENDENT.   NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, PAYMENTS FOR  SUCH  INSURANCE  BENEFITS  MAY  BE
BASED ON THE SUPERINTENDENT'S TOTAL SALARY ONLY. ANY PAYMENTS FOR TRANS-
PORTATION  OR  TRAVEL  EXPENSES IN EXCESS OF ACTUAL, DOCUMENTED EXPENSES
INCURRED IN THE PERFORMANCE OF DUTIES FOR THE STATE, AND ANY OTHER  LUMP
SUM  PAYMENT NOT SPECIFICALLY EXCLUDED FROM TOTAL ANNUAL SALARY PURSUANT
TO THIS SUBDIVISION, SHALL BE INCLUDED IN THE TOTAL SALARY OF THE SUPER-
INTENDENT FOR PURPOSES OF THIS SUBDIVISION. NOTHING HEREIN SHALL PROHIB-
IT A SUPERINTENDENT FROM WAIVING ANY RIGHTS PROVIDED FOR IN AN  EXISTING
CONTRACT  OR  AGREEMENT  AS  HEREAFTER  PROHIBITED  IN  FAVOR OF REVISED
COMPENSATION OR BENEFIT PROVISIONS AS PERMITTED HEREIN.
  3. VOTE TO OVERRIDE. (A) IN SCHOOL DISTRICTS THAT  CONDUCT  AN  ANNUAL
MEETING  AND ELECTION PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER, THE
QUALIFIED VOTERS MAY VOTE TO OVERRIDE THE SALARY PROVISIONS  ESTABLISHED
PURSUANT   TO  THIS  SECTION  FOR  INDIVIDUAL  SUPERINTENDENT  CONTRACTS
PROVIDED THAT SUCH VOTE SHALL BE  HELD  CONCURRENTLY  WITH  SUCH  ANNUAL
DISTRICT MEETING OR ELECTION.
  (B)  IN  A  CITY  SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE
HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, THE MAYOR, CITY MANAG-
ER OR FISCAL CONTROL AGENCY, WHERE APPLICABLE, MAY APPROVE  AN  OVERRIDE
OF  THE SALARY PROVISIONS ESTABLISHED PURSUANT TO THIS SECTION FOR INDI-
VIDUAL SUPERINTENDENT CONTRACTS.
  (C) IN NO EVENT SHALL A  SUPERINTENDENT'S  SALARY  EXCEED  THE  SALARY
PROVISION  IN  THIS  SECTION  UNTIL  SUCH  TIME  AS AN OVERRIDE HAS BEEN
APPROVED BY SUCH SCHOOL DISTRICT PURSUANT TO THIS SUBDIVISION.
  S 2. This act  shall  take  effect  immediately;  provided,  that  the
provisions  of this act shall only apply to any employment contracts for
persons serving as superintendents that are  entered  into,  amended  or
extended on or after the date on which this act shall have become a law.