Bill Text: NY A02112 | 2017-2018 | General Assembly | Introduced

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

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

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Vetoed) 2018-12-28 - tabled [A02112 Detail]

Download: New_York-2017-A02112-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2112
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by M. of A. NOLAN, LUPARDO, GALEF, WOERNER, McDONALD -- 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] seventeen--two thousand [four] eighteen 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  seventeen--two thousand [four] eighteen 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.
                                                                   LBD06784-01-7
        A. 2112                             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.