Assembly Bill A9430

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

                                  9430

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT  to  amend  the  civil service law, in relation to reductions in
  workforce

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

  Section  1.  Subdivision  1 of section 80 of the civil service law, as
amended by chapter 283 of the laws  of  1972,  is  amended  to  read  as
follows:
  1. Suspension or demotion. Where, because of economy, consolidation or
abolition  of  functions,  curtailment of activities or otherwise, posi-
tions in the competitive class are abolished or reduced in rank or sala-
ry 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 classified service
in the service of the governmental jurisdiction in which such  abolition
or  reduction of positions occurs, subject to the provisions of subdivi-
sion seven of section eighty-five of this  chapter;  provided,  however,
that  the  date  of  original  appointment of any such incumbent who was
transferred to such governmental jurisdiction 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.  FOR THE PURPOSES OF THIS SECTION, IN THE CASE OF AN INCUMBENT
IN THE NON-COMPETITIVE CLASS OF THE  STATE  SERVICE  WHO  IS  A  RETIRED
PERSON  AS  DEFINED  IN  SECTION  TWO  HUNDRED TEN OF THE RETIREMENT AND
SOCIAL SECURITY LAW, THE DATE OF ORIGINAL APPOINTMENT SHALL BE THE  DATE
ON  WHICH  SAID  INCUMBENT  WAS  MOST  RECENTLY  APPOINTED TO HIS OR HER
CURRENT POSITION AFTER THE DATE OF HIS OR HER RETIREMENT.  Notwithstand-
ing  the  provisions of this subdivision, however, upon the abolition or
reduction of positions in the competitive 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

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

                                                           LBD14106-01-2

A. 9430                             2

suspension  or  demotion  shall  be determined as if such employees were
permanent incumbents.
  S 2.  Subdivision 1 of section 80-a of the civil service law, as added
by chapter 283 of the laws of 1972, is amended to read as follows:
  1. Suspension or demotion. Where, because of economy, consolidation or
abolition  of  functions,  curtailment of activities or otherwise, posi-
tions in the non-competitive class of the state service are abolished or
reduced in rank or salary grade, suspension or demotion, as the case may
be, among incumbents having tenure protection pursuant to paragraph  (c)
of  subdivision  one of section seventy-five of this chapter and holding
the same or similar positions shall be made  in  the  inverse  order  of
original  appointment  on a permanent basis in the classified service of
the state service, subject to the provisions  of  subdivision  seven  of
section eighty-five of this chapter; provided, however, that the date of
original  appointment  of  any such incumbent who was transferred to the
state service 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.   FOR THE PURPOSES OF
THIS SECTION, IN THE CASE OF AN INCUMBENT IN THE  NON-COMPETITIVE  CLASS
OF  THE  STATE SERVICE WHO IS A RETIRED PERSON AS DEFINED IN SECTION TWO
HUNDRED TEN OF THE RETIREMENT AND  SOCIAL  SECURITY  LAW,  THE  DATE  OF
ORIGINAL  APPOINTMENT SHALL BE THE DATE ON WHICH SAID INCUMBENT WAS MOST
RECENTLY APPOINTED TO HIS OR HER CURRENT POSITION AFTER THE DATE OF  HIS
OR  HER  RETIREMENT. Notwithstanding the provisions of this subdivision,
however, upon the abolition or reduction of positions in the non-compet-
itive 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  or  suspension or demotion shall be
determined as if such employees were permanent incumbents.
  S 3. This act shall take  effect immediately.