S T A T E O F N E W Y O R K
________________________________________________________________________
5525
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
___________
Introduced by M. of A. GABRYSZAK -- read once and referred to the
Committee on Governmental Employees
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
been examined by a medical officer of such veterans' administration on a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09149-01-3
A. 5525 2
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.