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

                                  7768

                            I N  S E N A T E

                              June 6, 2014
                               ___________

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
  thereof

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

  Section 1. Subparagraph 2 of paragraph a of subdivision 4  of  section
1950  of  the  education  law,  as amended by chapter 698 of the laws of
2003, is amended to read as follows:
  (2) Notwithstanding any inconsistent provision  of  law  in  no  event
shall  the total salary including amounts paid pursuant to section twen-
ty-two hundred nine of this chapter for  district  superintendents  [for
each school year through the two thousand two--two thousand three school
year  exceed ninety-eight percent of that earned by the commissioner for
state fiscal year nineteen hundred ninety-two--ninety-three, and  in  no
event shall such total salary for a district superintendent] for the two
thousand  [three]  FOURTEEN--two  thousand [four] FIFTEEN school year or
any subsequent school year exceed: (i) one hundred six  percent  of  the
salary cap applicable in the preceding school year, or (ii) ninety-eight
percent  of  that earned by the commissioner in the two thousand [three]
FOURTEEN--two thousand [four] FIFTEEN state fiscal  year,  whichever  is
less.  In  no  event  shall  any district 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  district  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 for
retirement service credit 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 supplementary salary,
a board of cooperative educational services may provide for the  payment
of  all  or a portion of the cost of insurance benefits for the district

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15383-01-4

S. 7768                             2

superintendent of schools, including but not limited  to  health  insur-
ance,  disability  insurance, life insurance or any other form of insur-
ance 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  salary  of  the district superintendent for purposes of this
subparagraph, and provided further that any payments  for  the  employee
contribution, co-pay or uncovered medical expenses under a health insur-
ance  plan  also  shall  be included in the total salary of the district
superintendent.  Notwithstanding any other provision  of  law,  payments
for  such  insurance  benefits  may be based on the district superinten-
dent's total salary or the amount of his  or  her  supplementary  salary
only.  Any  payments  for transportation or travel expenses in excess of
actual, documented expenses incurred in the performance  of  duties  for
the  board  of  cooperative  educational  services or the state, and any
other lump sum payment  not  specifically  excluded  from  total  salary
pursuant  to this subparagraph, shall be included in the total salary of
the district superintendent for purposes of this  subparagraph.  Nothing
herein  shall prohibit a district superintendent from waiving any rights
provided for in an existing contract or agreement as hereafter prohibit-
ed in favor of revised compensation or benefit provisions  as  permitted
herein.  In  no  event  shall the terms of the district superintendent's
contract, including any provisions relating to an  increase  in  salary,
compensation  or  other  benefits,  be  contingent upon the terms of any
contract or collective bargaining agreement between the board of cooper-
ative educational services and its  teachers  or  other  employees.  The
commissioner  may  adopt regulations for the purpose of implementing the
provisions of this paragraph.
  S 2. This act shall take effect immediately.