A. 8291--A 2
from another governmental jurisdiction upon the transfer of functions
shall be the date of original appointment on a permanent basis in the
classified service in the service of the governmental jurisdiction from
which such transfer was made. Notwithstanding the provisions of this
subdivision, however, upon the abolition or reduction of positions in
the competitive, NONCOMPETITIVE OR LABOR class, incumbents holding the
same or similar positions who have not completed their probationary
service shall be suspended or demoted, as the case may be, before any
permanent incumbents, and among such probationary employees the order of
suspension or demotion shall be determined as if such employees were
permanent incumbents.
1-a. Notwithstanding the provisions of subdivision one of this
section, the members of a police or paid fire department in the city of
Buffalo shall be subject to the following procedure. Where, because of
economy, consolidation or abolition of functions, curtailment of activ-
ities or otherwise, positions in the competitive, NONCOMPETITIVE OR
LABOR class are abolished or reduced in rank or salary grade, suspension
or demotion, as the case may be, among incumbents holding the same or
similar positions shall be made in the inverse order of original
appointment on a permanent basis in the grade or title in the service of
the governmental jurisdiction in which such abolition or reduction of
positions occurs, subject to the provisions of subdivision seven of
section eighty-five of this chapter. Notwithstanding the provisions of
this subdivision, however, upon the abolition or reduction of positions
in the competitive class, incumbents holding the same or similar posi-
tions who have not completed their probationary service shall be
suspended or demoted, as the case may be, before any permanent incum-
bents, and among such probationary employees the order of suspension or
demotion shall be determined as if such employees were permanent incum-
bents.
1-b. Notwithstanding the provisions of subdivision one of this
section, employees of secure detention facilities in the city of New
York and of the alternatives to secure detention facilities program in
such city who are performing functions which were assumed by the depart-
ment of social services of the city of New York on the tenth day of
November, nineteen hundred seventy-one and who, upon such assumption
were transferred to said department, shall be subject to the following
procedure. Where, because of economy, consolidation or abolition of
function, curtailment of activities or otherwise, positions in the
competitive, NONCOMPETITIVE OR LABOR class are abolished, or reduced in
rank or salary grade, suspension or demotion, as the case may be, among
incumbents holding the same or similar positions shall be made in the
inverse order of original appointment on a permanent basis in the clas-
sified service in the service of the governmental jurisdiction in which
such abolition or reduction of positions occurs, subject to the
provisions of subdivision seven of section eighty-five of this chapter;
provided, however, that if any person so employed and so transferred was
employed on a permanent basis in such a facility or such program prior
to the thirtieth day of December, nineteen hundred sixty-seven, for
purposes of this subdivision regarding priority of retention and for no
other purpose, the date of original appointment of any such person shall
be deemed to be the date such permanent employment commenced prior to
the said thirtieth day of December, nineteen hundred sixty-seven.
1-c. Notwithstanding the provisions of subdivision one of this
section, sworn employees of the Monroe county sheriff's department shall
be subject to the following procedure. Where, because of economy,
A. 8291--A 3
consolidation or abolition of function, curtailment of activities or
otherwise, positions in the competitive, NONCOMPETITIVE OR LABOR class
are abolished, or reduced in rank or salary grade, suspension or
demotion, as the case may be, among incumbents holding the same or simi-
lar positions shall be made in the inverse order of original appointment
on a permanent basis in the grade or title in the service of the govern-
mental jurisdiction in which such abolition or reduction of positions
occurs, subject to the provisions of subdivision seven of section eight-
y-five of this chapter; provided, however, that if any person so
employed was employed in such person's current title prior to the first
day of April, nineteen hundred ninety-three, for purposes of this subdi-
vision regarding priority of retention and for no other purpose, the
date of original appointment of any such person shall be deemed to be
the date such employment commenced prior to the said first day of April,
nineteen hundred ninety-three.
2. Continuous service. Except as otherwise provided herein, for the
purposes of this section the original appointment of an incumbent shall
mean the date of his first appointment on a permanent basis in the clas-
sified service followed by continuous service in the classified service
on a permanent basis up to the time of the abolition or reduction of the
competitive, NONCOMPETITIVE OR LABOR class positions. An employee who
has resigned and who has been reinstated or reappointed in the service
within one year thereafter shall, for the purposes of this section, be
deemed to have continuous service. An employee who has been terminated
because of a disability resulting from occupational injury or disease as
defined in the workmen's compensation law and who has been reinstated or
reappointed in the service thereafter shall be deemed to have continuous
service. A period of employment on a temporary or provisional basis, or
in the unclassified service, immediately preceded and followed by perma-
nent service in the classified service, shall not constitute an inter-
ruption of continuous service for the purposes of this section; nor
shall a period of leave of absence without pay pursuant to law or the
rules of the civil service commission having jurisdiction, or any period
during which an employee is suspended from his position pursuant to this
section, constitute an interruption of continuous service for the
purposes of this section.
6. Displacement in civil divisions. A permanent incumbent of a posi-
tion in a civil division in a specific title to which there is a direct
line of promotion who is suspended or displaced pursuant to this
section, together with all other such incumbents suspended or displaced
at the same time, shall displace, in the inverse order of the order of
suspension or demotion prescribed in subdivisions one and two of this
section, incumbents serving in positions in the same lay-off unit in the
next lower occupied title in direct line of promotion who shall be
displaced in the order of suspension or demotion prescribed in subdivi-
sions one and two of this section; provided, however, that no incumbent
shall displace any other incumbent having greater retention standing. If
a permanent incumbent of a position in a civil division is suspended or
displaced from a position in a title for which there are no lower level
occupied positions in direct line of promotion, he shall displace the
incumbent with the least retention right pursuant to subdivisions one
and two of this section who is serving in a position in the title in
which the displacing incumbent last served on a permanent basis prior to
service in one or more positions in the title from which he is suspended
or displaced, if: (1) the service of the displacing incumbent while in
such former title was satisfactory and (2) the position of the junior
A. 8291--A 4
incumbent is in (a) the competitive, NONCOMPETITIVE OR LABOR class, (b)
the layoff unit from which the displacing incumbent was suspended or
displaced, and (c) a lower salary grade than the position from which the
displacing incumbent is suspended or displaced; provided, however, that
no incumbent shall displace any other incumbent having greater retention
standing. Refusal of appointment to a position afforded by this subdivi-
sion constitutes waiver of rights under this subdivision with respect to
the suspension or displacement on account of which the refused appoint-
ment is afforded. The municipal civil service commission shall promul-
gate rules to implement this subdivision including rules which may
provide adjunctive opportunities for displacement either to positions in
direct line of promotion or to formerly held positions; provided, howev-
er, that no such rule shall permit an incumbent to displace any other
incumbent having greater retention standing. For the purpose of acquir-
ing preferred list rights, displacement pursuant to this subdivision is
the equivalent of suspension or demotion pursuant to subdivision one of
this section.
7. Displacement in the state service. A permanent incumbent of a posi-
tion in the state service in a specific title to which there is a direct
line of promotion who is suspended or displaced pursuant to this
section, together with all other such incumbents suspended or displaced
at the same time, shall displace, in the inverse order of the order of
suspension or demotion prescribed in subdivisions one and two of this
section, incumbents serving in positions in the same layoff unit in the
next lower occupied title in direct line of promotion who shall be
displaced in the order of suspension or demotion prescribed in subdivi-
sions one and two of this section; provided, however, that no incumbent
shall displace any other incumbent having greater retention standing. If
a permanent incumbent of a position in the state service is suspended or
displaced from a position in a title for which there are no lower level
occupied positions in direct line of promotion, he shall displace the
incumbent with the least retention right pursuant to subdivisions one
and two of this section who is serving in a position in the title in
which the displacing incumbent last served on a permanent basis prior to
service in one or more positions in the title from which he is suspended
or displaced, if: (1) the service of the displacing incumbent while in
such former title was satisfactory and (2) the position of the junior
incumbent is in (a) the competitive, NONCOMPETITIVE OR LABOR class, (b)
the layoff unit from which the displacing incumbent was suspended or
displaced, and (c) a lower salary grade than the position from which the
displacing incumbent is suspended or displaced; provided, however, that
no incumbent shall displace any other incumbent having greater retention
standing. Refusal of appointment to a position afforded by this subdivi-
sion constitutes waiver of rights under this subdivision with respect to
the suspension or displacement on account of which the refused appoint-
ment is afforded. The state civil service commission shall promulgate
rules to implement this subdivision including rules which may provide
adjunctive opportunities for displacement either to positions in direct
line of promotion or to formerly held positions; provided, however, that
no such rule shall permit an incumbent to displace any other incumbent
having greater retention standing. For the purpose of acquiring
preferred list rights, displacement pursuant to this subdivision is the
equivalent of suspension or demotion pursuant to subdivision one of this
section.
9. Certain suspensions or demotions in the city of Niagara Falls.
Notwithstanding the provisions of subdivision one of this section, the
A. 8291--A 5
members of a paid fire department in the city of Niagara Falls shall be
subject to the following procedure. Where, because of economy, consol-
idation or abolition of functions, curtailment of activities or other-
wise, positions in the competitive class are abolished or reduced in
rank or salary grade, suspension or demotion, as the case may be, among
incumbents holding the same or similar positions shall be made in the
inverse order of original appointment on a permanent basis in the grade
or title in the service of the governmental jurisdiction in which such
abolition or reduction of positions occurs, subject to the provisions of
subdivision seven of section eighty-five of this chapter. Notwithstand-
ing the provisions of this subdivision, however, upon the abolition or
reduction of positions in the competitive, NONCOMPETITIVE OR LABOR
class, incumbents holding the same or similar positions who have not
completed their probationary service shall be suspended or demoted, as
the case may be, before any permanent incumbents, and among such proba-
tionary employees the order of suspension or demotion shall be deter-
mined as if such employees were permanent incumbents.
S 2. Section 80-a of the civil service law is REPEALED.
S 3. Subdivisions 2 and 4 of section 78 of the civil service law, as
added by chapter 29 of the laws of 1996, are amended to read as follows:
2. Order of certification of names from transfer list. a. The names of
persons on a transfer list established to fill vacancies in the same
position or a position in a lower grade in line of promotion shall be
certified therefrom in the order of their original appointments, in
accordance with the provisions of subdivision three of section eighty[,
subdivision three of section eighty-a] and subdivision seven of section
eighty-five of this chapter.
b. The names of persons on a transfer list established to fill vacan-
cies in a comparable position shall be certified therefrom with equal
ranking for appointment.
4. Relative seniority. Where a preferred list exists containing the
names of persons who have been suspended or demoted from a position in
the same title to which an appointment is to be made, the relative
seniority, determined in accordance with the provisions of subdivision
three of section eighty[, subdivision three of section eighty-a] and
subdivision seven of section eighty-five of this chapter, of the person
certified first on such preferred list willing to accept appointment and
the person certified first on the transfer list willing to accept
appointment shall be compared and the person with the greater seniority
shall be certified first.
S 4. Paragraphs a, b and e of subdivision 1 of section 79 of the civil
service law, as added by chapter 315 of the laws of 1995, are amended to
read as follows:
a. Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article fourteen of
this chapter so provides, upon notification to the department that an
employee in the state service is to be suspended or demoted in accord-
ance with the provisions of section eighty [or eighty-a] of this article
by reason of the state's exercise of its right to contract out for goods
and services, and receipt of the information required pursuant to
section eighty-one-a of this article for purposes of establishing reem-
ployment rosters, at least ninety days prior to the suspension or
demotion of an affected employee, the department shall place the name of
the employee upon a redeployment list. Such redeployment list shall be
certified for filling positions in the same title or in any comparable
title, as determined by the department, before certification is made
A. 8291--A 6
from any other eligible list, placement roster, reemployment roster or
preferred list. The director of state operations is authorized to rede-
ploy such employees to positions in appointing authorities of the execu-
tive branch. The department may extend the right to be placed on a rede-
ployment list, in accordance with the provisions of this section, to
employees not subject to the provisions of such agreement.
b. Orders of certification of names from a redeployment list. The
names of persons on a redeployment list shall be certified therefrom for
appointment in the order of their original appointments, in accordance
with the provisions of subdivision three of section eighty [and subdivi-
sion three of section eighty-a] of this article.
e. Termination of eligibility for appointment. Eligibility for
appointment of an employee whose name appears on a redeployment list
shall terminate at such time as the employee is redeployed pursuant to
the provisions of this section to a position in the same salary grade as
the position from which he or she has been suspended or demoted, or has
exercised his or her reemployment rights pursuant to the provisions of
section eighty-one or eighty-one-a of this article, provided, however,
that eligibility for appointment shall terminate no later than six
months following the suspension or demotion of such employee in accord-
ance with the provisions of section eighty [or eighty-a] of this arti-
cle. Upon such employee's suspension or demotion, the department shall
place the name of such employee upon a preferred list, and a reemploy-
ment roster, as appropriate, in accordance with the provisions of
sections eighty-one and [eight-one-a] EIGHTY-ONE-A of this article.
S 5. Subdivision 1 of section 81 of the civil service law, as amended
by chapter 152 of the laws of 2011, is amended to read as follows:
1. Establishment of preferred lists; general provisions. The head of
any department, office or institution in which an employee is suspended
or demoted in accordance with the provisions of [sections] SECTION
eighty [and eighty-a] of this title shall, upon such suspension or
demotion, furnish the state civil service department or appropriate
municipal commission, as the case may be, a statement showing his name,
title or position, date of appointment, and the date of and reason for
suspension or demotion. It shall be the duty of such civil service
department or commission, as the case may be, forthwith to place the
name of such employee upon a preferred list, together with others who
may have been suspended or demoted from the same or similar positions in
the same jurisdictional class, and to certify such list, as hereinafter
provided, for filling vacancies in the same jurisdictional class; first,
in the same or similar position; second, in any position in a lower
grade in line of promotion; and third, in any comparable position. Such
preferred list shall be certified for filling a vacancy in any such
position before certification is made from any other list, including a
promotion eligible list, notwithstanding the fact that none of the
persons on such preferred list was suspended from or demoted in the
department or suspension and demotion unit in which such vacancy exists.
No other name shall be certified from any other list for any such posi-
tion until such preferred list is exhausted. The eligibility for rein-
statement of a person whose name appears on any such preferred list
shall not continue for a period longer than four years from the date of
separation or demotion. An employee whose name was placed on the
preferred list and at the time of such placement was on active duty with
the armed forces of the United States, as pursuant to title ten, four-
teen or thirty-two of the United States code, shall not be eligible for
A. 8291--A 7
employment reinstatement for a period longer than four years after the
date of termination of military duty.
S 6. Subdivisions 1 and 5 of section 81-a of the civil service law,
subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
sion 5 as added by chapter 239 of the laws of 1992, are amended to read
as follows:
1. Establishment of reemployment rosters in the state service; general
provisions. The head of any department, office or institution from which
an employee in the state service is to be suspended or demoted in
accordance with the provisions of section eighty [or eighty-a] of this
article, shall, at least twenty days prior to such suspension or
demotion, furnish the state civil service department with a statement
showing such employee's name, title or position, date of appointment,
and the date of and reason for suspension or demotion. Upon such employ-
ee's suspension or demotion, it shall be the duty of the department to
place the name of such employee upon a reemployment roster for filling
vacancies in any comparable position as determined by the department,
except that employees suspended or demoted from positions in the non-
competitive and labor classes may not be certified to fill vacancies in
the competitive class. Such reemployment roster shall be certified for
filling a vacancy in any such position before certification is made from
any other list, including a promotion eligible list, but not prior to a
preferred list. Eligibility for reinstatement of a person whose name
appears on any such reemployment roster shall not continue for a period
longer than four years from the date of suspension or demotion provided,
however, in no event shall eligibility for reinstatement from a reem-
ployment roster continue once the person is no longer eligible for rein-
statement from a preferred list.
5. Notwithstanding any other provision of this chapter, the department
may disqualify for reinstatement and remove from a reemployment roster
the name of any otherwise eligible person who, by reason of physical or
mental incapacity, is found to be unable to satisfactorily perform the
duties of the position for which such roster has been established, or
who has engaged in such misconduct as would warrant his or her dismissal
from public employment, except that a person who is not completely phys-
ically incapacitated and who is suspended or demoted pursuant to section
eighty [or eighty-a] of this article because his or her position has
been abolished or reduced, but who is certified for reinstatement to any
position having the same physical requirements as the position from
which such person was suspended or demoted, shall not be disqualified
because of his or her incapacity, unless upon medical examination his or
her incapacity has worsened to a degree that he or she would not be able
to satisfactorily perform in such position. No person shall be disquali-
fied pursuant to this subdivision unless he or she is first given a
written statement of the reasons therefor and an opportunity to be heard
at a hearing at which satisfactory proof of such reasons must be estab-
lished by appropriate evidence, and at which such person may present
independent evidence and be entitled to representation by counsel. The
department shall designate a person to hold such hearing and report
thereon.
S 7. Subdivision 1 of section 81-b of the civil service law, as
amended by chapter 140 of the laws of 1993, is amended to read as
follows:
1. Establishment of placement rosters in the state service; general
provisions. The head of any department, office or institution from
which an employee in the state service is to be suspended or demoted in
A. 8291--A 8
accordance with the provisions of section eighty [or eighty-a] of this
article, shall, no later than the date on which he or she furnishes the
state civil service department with the employee information required
pursuant to section eighty-one-a of this article for purposes of estab-
lishing reemployment rosters, furnish the state civil service department
with a statement showing such employee's name, title or position, date
of appointment, and the anticipated date of and reason for suspension or
demotion. Upon receiving such information, it shall be the duty of the
department forthwith to place the name of such employee upon a placement
roster for filling vacancies in the same title or in any comparable
position as determined by the department, except that employees
suspended or demoted from positions in the non-competitive and labor
classes may not be certified to fill vacancies in the competitive class.
Such placement roster shall be certified for filling a vacancy in any
such position before certification is made from any other list, includ-
ing a promotion eligible list, but not prior to a preferred list or a
reemployment roster. Eligibility for appointment of an employee whose
name appears on any such placement roster shall terminate at such time
as the employee is suspended or demoted in accordance with the
provisions of section eighty [or eighty-a] of this article. Upon such
employee's suspension or demotion, the department shall place the name
of such employee upon a preferred list, and a reemployment roster as
appropriate, in accordance with the provisions of sections eighty-one
and eighty-one-a of this article.
S 8. Subdivision 7 of section 85 of the civil service law, as amended
by chapter 532 of the laws of 1976, is amended to read as follows:
7. Preference in retention upon the abolition of positions. In the
event of the abolition or elimination of any position in the civil
service [for which eligible lists are established or any position the
incumbent of which is encompassed by section eighty-a of this chapter],
any suspension, demotion or displacement shall be made in the inverse
order of the date of original appointment in the service subject to the
following conditions: (1) blind employees shall be granted absolute
preference in retention; (2) the date of such original appointment for
disabled veterans shall be deemed to be sixty months earlier than the
actual date, determined in accordance with section thirty of the general
construction law; (3) the date of such original appointment for non-dis-
abled veterans shall be deemed to be thirty months earlier than the
actual date, determined in accordance with section thirty of the general
construction law; (4) no permanent competitive class employee subject to
the jurisdiction of the civil service commission of the city of New York
who receives an injury in the line of duty, as defined in this para-
graph, which requires immediate hospitalization, and which is not
compensable through workmen's compensation may be suspended, demoted or
displaced pursuant to section eighty of this chapter within three months
of the date of his confinement, provided that medical authorities
approved by such commission shall certify that the employee is not able
to perform the duties of his position; provided further, that such
three-month period may be extended by such commission for additional
periods not to exceed one year each upon the certification of medical
authorities selected by such commission that the employee is, as a
result of his injury, still not able to perform the duties of his posi-
tion. An injury in the line of duty, as used herein, shall be construed
to mean an injury which is incurred as a direct result of the lawful
performance of the duties of the position. In determining whether an
injury was received in the line of duty, such commission shall require
A. 8291--A 9
the head of the agency by which the employee is employed to certify that
the injury was received as a direct result of the lawful performance of
the employee's duties; and (5) the spouse of a veteran with one hundred
percent service connected disability shall be deemed to be sixty months
earlier than the actual date, determined in accordance with section
thirty of the general construction law, provided, the spouse is domi-
ciled with the veteran-spouse and is the head of the household. This
section shall not be construed as conferring any additional benefit upon
such employee other than a preference in retention. Such employee shall
be subject to transfer upon the abolition of his function within his
agency or department.
S 9. Section 86 of the civil service law, as amended by chapter 283 of
the laws of 1972, is amended to read as follows:
S 86. Transfer of veterans or exempt volunteer firemen upon abolition
of positions. If the position in the non-competitive or in the labor
class held by any honorably discharged veteran of the armed forces of
the United States who served therein in time of war as defined in
section eighty-five of this [chapter] ARTICLE, or by an exempt volunteer
fireman as defined in the general municipal law, shall become unneces-
sary or be abolished for reasons of economy or otherwise, the honorably
discharged veteran or exempt volunteer fireman holding such position
shall not be discharged from the public service but shall be transferred
to a similar position wherein a vacancy exists, and shall receive the
same compensation therein. It is hereby made the duty of all persons
clothed with the power of appointment to make such transfer effective.
The right to transfer herein conferred shall continue for a period of
one year following the date of abolition of the position, and may be
exercised only where a vacancy exists in an appropriate position to
which transfer may be made at the time of demand for transfer. Where
the positions of more than one such veteran or exempt volunteer fireman
are abolished and a lesser number of vacancies in similar positions
exist to which transfer may be made, the veterans or exempt volunteer
firemen whose positions are abolished shall be entitled to transfer to
such vacancies in the order of their original appointment in the
service. Nothing in this section shall be construed to apply to the
position of private secretary, cashier or deputy of any official or
department. [This section shall have no application to persons encom-
passed by section eighty-a of this chapter.]
S 10. Paragraph (a) of subdivision 3 of section 131 of the civil
service law, as amended by chapter 733 of the laws of 1979, is amended
to read as follows:
(a) If such an employee is demoted, or displaced to a position in a
lower grade pursuant to [sections] SECTION eighty [or eighty-a] of this
chapter, or is appointed, transferred or reinstated to a position in a
lower grade, he shall, upon such demotion, displacement, appointment,
transfer, or reinstatement, receive the rate of compensation which
corresponds with the number of annual increments and the percentage
value of performance advances actually received in the salary grades
from which and to which he is demoted, displaced, appointed, transferred
or reinstated, as the case may be.
S 11. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
13 of section 3556 of the public authorities law, as added by chapter 5
of the laws of 1997, are amended to read as follows:
(e) Notwithstanding any other provision of this title, the corporation
may disqualify for reinstatement and remove from a reemployment roster
the name of any otherwise eligible person who, by reason of physical or
A. 8291--A 10
mental incapacity, is found to be unable to satisfactorily perform the
duties of the position for which such roster has been established, or
who has engaged in such misconduct as would warrant his or her dismissal
from public employment, except that a person who is not completely phys-
ically incapacitated and who is suspended or demoted pursuant to section
eighty [or eighty-a] of the civil service law because his or her posi-
tion has been abolished or reduced, but who is certified for rein-
statement to any position having the same physical requirements as the
position from which such person was suspended or demoted, shall not be
disqualified because of his or her incapacity, unless upon medical exam-
ination his or her incapacity has worsened to a degree that he or she
would not be able to satisfactorily perform in such position. No person
shall be disqualified pursuant to this subdivision unless he or she is
first given a written statement of the reasons therefor and an opportu-
nity to be heard at a hearing at which satisfactory proof of such
reasons must be established by appropriate evidence, and at which such
person may present independent evidence and be entitled to represen-
tation by counsel. The corporation shall designate a person to hold such
hearing and report thereon.
(f) Eligibility for appointment of an employee whose name appears on a
redeployment list shall terminate at such time as the employee is rede-
ployed pursuant to the provisions of this section to a position in the
same salary grade as the position from which he or she has been
suspended or demoted, or has exercised his or her reemployment rights
pursuant to the provisions of section eighty-one or eighty-one-a of the
civil service law, provided, however, that eligibility for appointment
shall terminate no later than six months following the suspension or
demotion of such employee in accordance with the provisions of section
eighty [or eighty-a] of the civil service law. Upon such employee's
suspension or demotion, the corporation shall place the name of such
employee upon a preferred list, and a reemployment roster, as appropri-
ate, in accordance with the provisions of subdivision eight of this
section.
S 12. This act shall take effect immediately.