S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3367
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of A. COLTON -- Multi-Sponsored by -- M. of A. McDO-
   NOUGH, MONTESANO, THIELE -- read once and referred to the Committee on
   Governmental Employees
 
 AN ACT to amend the civil service law, in relation  to  allowing  reser-
   vists  with  twenty  years service to be eligible for two and one-half
   points on entrance exams and one point on promotional exams
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading, paragraphs (a) and (b) of subdivision
 2, subdivisions 3, 4, 5 and 6 of section 85 of the civil service law, as
 added by chapter 790 of the laws of 1958 and paragraph (c)  of  subdivi-
 sion  4  as amended by chapter 15 of the laws of 1971, are amended and a
 new paragraph (b-1) is added to subdivision 1 to read as follows:
   Additional credit allowed veterans AND RESERVISTS in competitive exam-
 inations; preference in retention upon abolition of positions.
   (B-1) THE TERM "RESERVIST" MEANS A MEMBER OF  THE  RESERVE  FORCES  OR
 RESERVE  COMPONENTS  OF  THE  ARMED  FORCES OF THE UNITED STATES WHO WAS
 HONORABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES FROM SUCH
 SERVICE, WHO IS A CITIZEN OF THE UNITED  STATES  OR  AN  ALIEN  LAWFULLY
 ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES AND WHO IS A RESI-
 DENT OF THE STATE OF NEW YORK AT THE TIME OF APPLICATION FOR APPOINTMENT
 OR PROMOTION OR AT THE TIME OF RETENTION, AS THE CASE MAY BE.
   (a) On all eligible lists resulting from competitive examinations, the
 names  of  eligibles  shall  be entered in the order of their respective
 final earned ratings on examination, with the name of the eligible  with
 the  highest  final  earned  rating  at the head of such list, provided,
 however, that for the purpose of determining final earned ratings,
   (1) Disabled veterans shall be entitled to receive  ten  points  addi-
 tional  in  a  competitive examination for original appointment and five
 points additional credit in a competitive examination for promotion, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04733-01-9
              

 A. 3367                             2
 
   (2) Non-disabled veterans shall be entitled  to  receive  five  points
 additional  credit in a competitive examination for original appointment
 and two and one-half points additional credit in a competitive  examina-
 tion for promotion.
   (3) RESERVISTS WHO HAVE SERVED FOR AT LEAST TWENTY YEARS AS MEMBERS OF
 THE  ARMED  FORCES OF THE UNITED STATES SHALL BE ENTITLED TO RECEIVE TWO
 AND ONE-HALF POINTS ADDITIONAL CREDIT IN A COMPETITIVE  EXAMINATION  FOR
 ORIGINAL  APPOINTMENT,  AND ONE POINT ADDITIONAL CREDIT IN A COMPETITIVE
 EXAMINATION FOR PROMOTION.
   (b) Such additional credit shall be added to the final  earned  rating
 of  such  disabled  veteran or non-disabled veteran OR RESERVIST, as the
 case may be, after he or she has qualified in the  competitive  examina-
 tion  and  shall  be  granted  only  at the time of establishment of the
 resulting eligible list.
   3. Application for additional credit; proof of eligibility; establish-
 ment of eligible list. Any  candidate,  believing  himself  entitled  to
 additional  credit  in a competitive examination as provided herein, may
 make application for such additional credit at any time between the date
 of his application for examination and the date of the establishment  of
 the  resulting  eligible list. Such candidates shall be allowed a period
 of not less than two months from the date of the filing of his  applica-
 tion  for  examination  in which to establish by appropriate documentary
 proof his eligibility to receive additional credit under  this  section.
 At  any  time  after  two  months  have elapsed since the final date for
 filing applications for a competitive examination for original  appoint-
 ment or promotion, the eligible list resulting from such examination may
 be  established,  notwithstanding  the  fact  that a veteran or disabled
 veteran OR RESERVIST who has applied for additional credit has failed to
 establish his eligibility to receive such additional credit. A candidate
 who fails to establish, by appropriate documentary proof, his  eligibil-
 ity  to receive additional credit by the time an eligible list is estab-
 lished shall not thereafter be granted additional credit on such  eligi-
 ble list.
   4.  Use of additional credit. (a) Except as herein otherwise provided,
 no person who has received a permanent original appointment or a  perma-
 nent promotion in the civil service of the state or of any city or civil
 division thereof from an eligible list on which he was allowed the addi-
 tional  credit  granted by this section, either as a veteran or disabled
 veteran OR RESERVIST, shall thereafter be  entitled  to  any  additional
 credit  under  this section either as a veteran or a disabled veteran OR
 RESERVIST.
   (b) Where, at the time of establishment of an eligible list, the posi-
 tion of a veteran or disabled veteran OR RESERVIST on such list has  not
 been affected by the addition of credits granted under this section, the
 appointment  or  promotion of such veteran or disabled veteran OR RESER-
 VIST, as the case may be, from such eligible list shall not be deemed to
 have been made from an eligible list on which he was allowed  the  addi-
 tional credit granted by this section.
   (c) If, at the time of appointment from an eligible list, a veteran or
 disabled veteran OR RESERVIST is in the same relative standing among the
 eligibles  who  are  willing to accept appointment as if he had not been
 granted the additional credits provided by this section, his appointment
 from among such eligibles shall not be deemed to have been made from  an
 eligible list on which he was allowed such additional credits.
   (d)  Where  a  veteran  or  disabled  veteran  OR  RESERVIST  has been
 originally appointed or promoted from an eligible list on which  he  was

 A. 3367                             3
 
 allowed  additional  credit, but such appointment or promotion is there-
 after terminated either at the end of the probationary term or by resig-
 nation at or before the end of the probationary term, he  shall  not  be
 deemed  to  have been appointed or promoted, as the case may be, from an
 eligible list on which  he  was  allowed  additional  credit,  and  such
 appointment or promotion shall not affect his eligibility for additional
 credit in other examinations.
   5.  Withdrawal of application; election to relinquish additional cred-
 it.  An application for additional credit in a  competitive  examination
 under  this  section may be withdrawn by the applicant at any time prior
 to the establishment of the resulting eligible list. At any time  during
 the  term  of existence of an eligible list resulting from a competitive
 examination in which a veteran or  disabled  veteran  OR  RESERVIST  has
 received  the additional credit granted by this section, such veteran or
 disabled veteran OR RESERVIST may elect,  prior  to  permanent  original
 appointment  or permanent promotion, to relinquish the additional credit
 theretofore granted to him and accept the lower position on such  eligi-
 ble  list  to  which  he  would  otherwise have been entitled; provided,
 however, that  such  election  shall  thereafter  be  irrevocable.  Such
 election  shall  be  in  writing  and  signed by the veteran or disabled
 veteran OR RESERVIST, and transmitted to the state civil service depart-
 ment or the appropriate municipal civil service commission.
   6. Roster. The state  civil  service  department  and  each  municipal
 commission  shall  establish  and maintain in its office a roster of all
 veterans and disabled veterans AND RESERVISTS appointed or promoted as a
 result of additional credits granted by this section to positions  under
 its  jurisdiction. The appointment or promotion of a veteran or disabled
 veteran OR RESERVIST as a result of additional credits shall be void  if
 such veteran or disabled veteran OR RESERVIST, prior to such appointment
 or  promotion,  had been appointed or promoted as a result of additional
 credits granted by this section.
   § 2. This act shall take effect immediately.