S T A T E O F N E W Y O R K
________________________________________________________________________
1693
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. COLTON, RUSSELL -- Multi-Sponsored by -- M. of A.
GABRYSZAK, McDONOUGH, MONTESANO, THIELE -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to allowing reser-
vists with twenty years service to be eligible for two and one-half
points on entrance exams and one point on promotional exams
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading, paragraphs (a) and (b) of subdivision
2, subdivisions 3, 4, 5 and 6 of section 85 of the civil service law, as
added by chapter 790 of the laws of 1958 and paragraph (c) of subdivi-
sion 4 as amended by chapter 15 of the laws of 1971, are amended and a
new paragraph (b-1) is added to subdivision 1 to read as follows:
Additional credit allowed veterans AND RESERVISTS in competitive exam-
inations; preference in retention upon abolition of positions.
(B-1) THE TERM "RESERVIST" MEANS A MEMBER OF THE RESERVE FORCES OR
RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES WHO WAS
HONORABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES 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 RESI-
DENT 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.
(a) On all eligible lists resulting from competitive examinations, the
names of eligibles shall be entered in the order of their respective
final earned ratings on examination, with the name of the eligible with
the highest final earned rating at the head of such list, provided,
however, that for the purpose of determining final earned ratings,
(1) Disabled veterans shall be entitled to receive ten points addi-
tional in a competitive examination for original appointment and five
points additional credit in a competitive examination for promotion, and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04177-01-3
A. 1693 2
(2) Non-disabled veterans shall be entitled to receive five points
additional credit in a competitive examination for original appointment
and two and one-half points additional credit in a competitive examina-
tion for promotion.
(3) RESERVISTS WHO HAVE SERVED FOR AT LEAST TWENTY YEARS AS MEMBERS OF
THE ARMED FORCES OF THE UNITED STATES SHALL BE ENTITLED TO RECEIVE TWO
AND ONE-HALF POINTS ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION FOR
ORIGINAL APPOINTMENT, AND ONE POINT ADDITIONAL CREDIT IN A COMPETITIVE
EXAMINATION FOR PROMOTION.
(b) Such additional credit shall be added to the final earned rating
of such disabled veteran or non-disabled veteran OR RESERVIST, as the
case may be, after he or she has qualified in the competitive examina-
tion and shall be granted only at the time of establishment of the
resulting eligible list.
3. Application for additional credit; proof of eligibility; establish-
ment of eligible list. Any candidate, believing himself entitled to
additional credit in a competitive examination as provided herein, may
make application for such additional credit at any time between the date
of his application for examination and the date of the establishment of
the resulting eligible list. Such candidates shall be allowed a period
of not less than two months from the date of the filing of his applica-
tion for examination in which to establish by appropriate documentary
proof his eligibility to receive additional credit under this section.
At any time after two months have elapsed since the final date for
filing applications for a competitive examination for original appoint-
ment or promotion, the eligible list resulting from such examination may
be established, notwithstanding the fact that a veteran or disabled
veteran OR RESERVIST who has applied for additional credit has failed to
establish his eligibility to receive such additional credit. A candidate
who fails to establish, by appropriate documentary proof, his eligibil-
ity to receive additional credit by the time an eligible list is estab-
lished shall not thereafter be granted additional credit on such eligi-
ble list.
4. Use of additional credit. (a) Except as herein otherwise provided,
no person who has received a permanent original appointment or a perma-
nent promotion in the civil service of the state or of any city or civil
division thereof from an eligible list on which he was allowed the addi-
tional credit granted by this section, either as a veteran or disabled
veteran OR RESERVIST, shall thereafter be entitled to any additional
credit under this section either as a veteran or a disabled veteran OR
RESERVIST.
(b) Where, at the time of establishment of an eligible list, the posi-
tion of a veteran or disabled veteran OR RESERVIST on such list has not
been affected by the addition of credits granted under this section, the
appointment or promotion of such veteran or disabled veteran OR RESER-
VIST, as the case may be, from such eligible list shall not be deemed to
have been made from an eligible list on which he was allowed the addi-
tional credit granted by this section.
(c) If, at the time of appointment from an eligible list, a veteran or
disabled veteran OR RESERVIST is in the same relative standing among the
eligibles who are willing to accept appointment as if he had not been
granted the additional credits provided by this section, his appointment
from among such eligibles shall not be deemed to have been made from an
eligible list on which he was allowed such additional credits.
(d) Where a veteran or disabled veteran OR RESERVIST has been
originally appointed or promoted from an eligible list on which he was
A. 1693 3
allowed additional credit, but such appointment or promotion is there-
after terminated either at the end of the probationary term or by resig-
nation at or before the end of the probationary term, he shall not be
deemed to have been appointed or promoted, as the case may be, from an
eligible list on which he was allowed additional credit, and such
appointment or promotion shall not affect his eligibility for additional
credit in other examinations.
5. Withdrawal of application; election to relinquish additional cred-
it. An application for additional credit in a competitive examination
under this section may be withdrawn by the applicant at any time prior
to the establishment of the resulting eligible list. At any time during
the term of existence of an eligible list resulting from a competitive
examination in which a veteran or disabled veteran OR RESERVIST has
received the additional credit granted by this section, such veteran or
disabled veteran OR RESERVIST may elect, prior to permanent original
appointment or permanent promotion, to relinquish the additional credit
theretofore granted to him and accept the lower position on such eligi-
ble list to which he would otherwise have been entitled; provided,
however, that such election shall thereafter be irrevocable. Such
election shall be in writing and signed by the veteran or disabled
veteran OR RESERVIST, and transmitted to the state civil service depart-
ment or the appropriate municipal civil service commission.
6. Roster. The state civil service department and each municipal
commission shall establish and maintain in its office a roster of all
veterans and disabled veterans AND RESERVISTS appointed or promoted as a
result of additional credits granted by this section to positions under
its jurisdiction. The appointment or promotion of a veteran or disabled
veteran OR RESERVIST as a result of additional credits shall be void if
such veteran or disabled veteran OR RESERVIST, prior to such appointment
or promotion, had been appointed or promoted as a result of additional
credits granted by this section.
S 2. This act shall take effect immediately.