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Senate Bill S6225

2011-2012 Legislative Session

Relates to order of suspension or demotion upon the abolition or reduction of positions in the state workforce

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Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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2011-S6225 (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd ยงยง80 & 80-a, Civ Serv L

2011-S6225 (ACTIVE) - Summary

Relates to order of suspension or demotion upon the abolition or reduction of positions in the state workforce; provides that the date of appointment of a retired person shall be the latest date of appointment after retirement.

2011-S6225 (ACTIVE) - Sponsor Memo

2011-S6225 (ACTIVE) - Bill Text download pdf 

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

                                  6225

                            I N  S E N A T E

                            January 13, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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 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 posi-
tions 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  incum-
bents,  and among such probationary employees the order of suspension or

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

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