S T A T E O F N E W Y O R K ________________________________________________________________________ 1628 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. ZEBROWSKI, CALHOUN, JAFFEE -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to terms and conditions of employment for school district superintendents 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--two thousand four school year or any subsequent school 12 year exceed: (i) one hundred six percent of the salary cap applicable in 13 the preceding school year, or (ii) ninety-eight percent of that earned 14 by the commissioner in the two thousand three--two thousand four state 15 fiscal year, whichever is less.] In no event shall any district super- 16 intendent be permitted to accumulate vacation or sick leave credits in 17 excess of the vacation and sick leave credits managerial/confidential 18 employees of the state are permitted to accumulate pursuant to regu- 19 lations promulgated by the state civil service commission, nor may any 20 district superintendent at the time of separation from service be 21 compensated for accrued and unused vacation credits or sick leave, or 22 use accrued and unused sick leave for retirement service credit or to 23 pay for health insurance in retirement, at a rate in excess of the rate 24 permitted to managerial/confidential employees of the state pursuant to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02494-01-9 A. 1628 2 1 regulations of the state civil service commission. In addition to the 2 payment of supplementary salary, a board of cooperative educational 3 services may provide for the payment of all or a portion of the cost of 4 insurance benefits for the district superintendent of schools, including 5 but not limited to health insurance, disability insurance, life insur- 6 ance or any other form of insurance benefit made available to 7 managerial/confidential employees of the state; provided that any such 8 payments for whole life, split dollar or other life insurance policies 9 having a cash value shall be included in the total salary of the 10 district superintendent for purposes of this subparagraph, and provided 11 further that any payments for the employee contribution, co-pay or 12 uncovered medical expenses under a health insurance plan also shall be 13 included in the total salary of the district superintendent. Notwith- 14 standing any other provision of law, payments for such insurance bene- 15 fits may be based on the district superintendent's total salary or the 16 amount of his or her supplementary salary only. Any payments for trans- 17 portation or travel expenses in excess of actual, documented expenses 18 incurred in the performance of duties for the board of cooperative 19 educational services or the state, and any other lump sum payment not 20 specifically excluded from total salary pursuant to this subparagraph, 21 shall be included in the total salary of the district superintendent for 22 purposes of this subparagraph. Nothing herein shall prohibit a district 23 superintendent from waiving any rights provided for in an existing 24 contract or agreement as hereafter prohibited in favor of revised 25 compensation or benefit provisions as permitted herein. In no event 26 shall the terms of the district superintendent's contract, including any 27 provisions relating to an increase in salary, compensation or other 28 benefits, be contingent upon the terms of any contract or collective 29 bargaining agreement between the board of cooperative educational 30 services and its teachers or other employees. The commissioner may adopt 31 regulations for the purpose of implementing the provisions of this para- 32 graph. 33 S 2. This act shall take effect immediately.