S T A T E   O F   N E W   Y O R K
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                                 5771--A
    Cal. No. 1004

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 15, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee on Civil Service and Pensions in accordance with Senate
  Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the civil service law and the public authorities law, in
  relation to suspension or demotion upon the abolition or reduction  of
  positions  for  labor  class  and noncompetitive titles; and to repeal
  section 80-a of the civil service law relating thereto

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

  Section  1. Subdivisions 1, 1-a, 1-b, 1-c, 2, 6, 7 and 9 of section 80
of the civil service law, subdivision 1 as amended  and  subdivisions  6
and  7  as  added by chapter 283 of the laws of 1972, subdivision 1-a as
added by chapter 312 of the laws of 1976, subdivision 1-b  as  added  by
chapter 653 of the laws of 1978, subdivision 1-c as added by chapter 334
of the laws of 1994, subdivision 2 as amended by chapter 376 of the laws
of  1977,  subdivisions 6 and 7 as renumbered by chapter 360 of the laws
of 1985, and subdivision 9 as added by chapter 470 of the laws of  1988,
are 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, 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 classified service in the service of the  governmental  jurisdic-
tion  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 the date of original appointment of any

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

                                                           LBD13023-03-2

S. 5771--A                          2

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. 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

S. 5771--A                          3

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 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

S. 5771--A                          4

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 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.

S. 5771--A                          5

  9.  Certain  suspensions  or  demotions  in the city of Niagara Falls.
Notwithstanding the provisions of subdivision one of this  section,  the
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

S. 5771--A                          6

certified  for  filling positions in the same title or in any comparable
title, as determined by the department,  before  certification  is  made
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-

S. 5771--A                          7

teen or thirty-two of the United States code, shall not be eligible  for
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

S. 5771--A                          8

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, 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

S. 5771--A                          9

injury was received in the line of duty, such commission  shall  require
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

S. 5771--A                         10

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 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.