Senate Bill S3453

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

                                  3453

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the civil service law, in relation to the definition  of
  the  terms  veteran and non-disabled veteran with regard to additional
  service credits

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

  Section 1. Paragraph (a) and the opening paragraph of paragraph (b) of
subdivision  1  of section 85 of the civil service law, paragraph (a) as
amended by chapter 333 of the laws of 1993 and the opening paragraph  of
paragraph (b) as amended by chapter 661 of the laws of 1983, are amended
to read as follows:
  (a)  The  terms  "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States [who served  therein  in  time  of
war,]  who  was honorably discharged or released under honorable circum-
stances 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  resident 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.
  The  term  "disabled  veteran" means a veteran who is certified by the
United States veterans' administration or a military department as enti-
tled to receive disability  payments  upon  the  certification  of  such
veterans'  administration  or  a  military  department  for a disability
incurred [by him in time of war] WHILE ON ACTIVE DUTY and  in  existence
at  the  time of application for appointment or promotion or at the time
of retention, as the case may be. Such disability shall be deemed to  be
in  existence at the time of application for appointment or promotion or
at the time of retention, as the case may be, if the certificate of such
veterans' administration shall state affirmatively that such veteran has

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09279-02-1
              

S. 3453                             2

been examined by a medical officer of such veterans' administration on a
date within one year of  either  the  date  of  filing  application  for
competitive  examination  for  original  appointment or promotion or the
date  of  the establishment of the resulting eligible list or within one
year of the time of retention, as the case may be; that at the  time  of
such  examination  the war-incurred disability described in such certif-
icate was found to exist; and that such disability is rated at  ten  per
centum  or more. Such disability shall also be deemed to be in existence
at such time if the certificate of such veterans'  administration  shall
state  affirmatively that a permanent stabilized condition of disability
exists to an extent of ten per centum or more, notwithstanding the  fact
that  such  veteran  has  not been examined by a medical officer of such
veterans' administration within one year of either the time of  applica-
tion  for appointment or promotion or the date of filing application for
competitive examination for original appointment or promotion, or within
one year of the time of retention, as the case may be. The  term  "disa-
bled veteran" shall also mean:
  S  2.  The department of civil service shall ensure the amendments set
forth in section one of this act are accurately reflected on  all  rele-
vant civil service websites, forms and applications.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.