LBD15495-01-6
A. 10462 2
(B) WHERE A VETERAN OR DISABLED VETERAN HAS BEEN ORIGINALLY APPOINTED
OR PROMOTED TO A NON-CLASSIFIED POSITION OR A CLASSIFIED POSITION FROM
AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED ADDITIONAL CREDIT, BUT
SUCH APPOINTMENT OR PROMOTION IS THEREAFTER TERMINATED EITHER AT THE END
OF THE PROBATIONARY TERM OR BY RESIGNATION AT OR BEFORE THE END OF THE
PROBATIONARY TERM, HE OR SHE SHALL NOT BE DEEMED TO HAVE BEEN APPOINTED
OR PROMOTED, AS THE CASE MAY BE, AND SUCH APPOINTMENT OR PROMOTION SHALL
NOT AFFECT HIS ELIGIBILITY FOR ADDITIONAL CONSIDERATION OR CREDIT IN
OTHER EXAMINATIONS.
4. THE STATE CIVIL SERVICE DEPARTMENT AND EACH MUNICIPAL COMMISSION
SHALL ESTABLISH AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL VETERANS
APPOINTED OR PROMOTED AS A RESULT OF ADDITIONAL CONSIDERATION GRANTED BY
THIS SECTION TO POSITIONS UNDER ITS JURISDICTION. THE APPOINTMENT OR
PROMOTION OF A VETERAN AS A RESULT OF ADDITIONAL CONSIDERATION SHALL BE
VOID IF SUCH VETERAN, PRIOR TO SUCH APPOINTMENT OR PROMOTION, HAD BEEN
APPOINTED OR PROMOTED AS A RESULT OF ADDITIONAL CONSIDERATION GRANTED BY
THIS SECTION OR CREDIT GRANTED BY THIS ARTICLE.
5. IN THE EVENT OF THE ABOLITION OR ELIMINATION OF ANY NON-CLASSIFIED
POSITION IN THE CIVIL SERVICE, 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 VETERANS SHALL BE DEEMED TO BE THIRTY MONTHS
EARLIER THAN THE ACTUAL DATE, DETERMINED IN ACCORDANCE WITH SECTION
THIRTY OF THE GENERAL CONSTRUCTION LAW; (3) NO PERMANENT COMPETITIVE
CLASS EMPLOYEE SUBJECT TO THE JURISDICTION OF THE CIVIL SERVICE COMMIS-
SION OF THE CITY OF NEW YORK WHO RECEIVES AN INJURY IN THE LINE OF DUTY,
AS DEFINED IN THIS PARAGRAPH, 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 CHAP-
TER WITHIN THREE MONTHS OF THE DATE OF HIS OR HER CONFINEMENT, PROVIDED
THAT MEDICAL AUTHORITIES APPROVED BY SUCH COMMISSION SHALL CERTIFY THAT
THE EMPLOYEE IS NOT ABLE TO PERFORM THE DUTIES OF HIS OR HER 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 OR HER INJURY, STILL NOT ABLE TO
PERFORM THE DUTIES OF HIS OR HER POSITION. 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 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
(4) 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 DOMICILED 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 OR HER FUNCTION WITHIN HIS OR HER
AGENCY OR DEPARTMENT. FOR THE PURPOSE OF THIS SUBDIVISION, THE TERMS
"DATE OF ORIGINAL APPOINTMENT" AND "DATE OF ORIGINAL APPOINTMENT IN THE
SERVICE" SHALL MEAN, FOR PERSONS SUBJECT TO SUBDIVISIONS ONE-A AND ONE-C
OF SECTION EIGHTY OF THIS CHAPTER, THE DATE OF ORIGINAL APPOINTMENT ON A
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PERMANENT BASIS IN THE GRADE OR TITLE IN THE SERVICE OF THE GOVERNMENTAL
JURISDICTION IN WHICH SUCH ABOLITION OR DEDUCTION OCCURS.
6. PENALTY FOR DENIAL OF PREFERENCE IN RETENTION. A REFUSAL TO ALLOW
THE PREFERENCE IN RETENTION PROVIDED FOR IN THIS SECTION TO ANY VETERAN,
OR A REDUCTION OF HIS OR HER COMPENSATION INTENDED TO BRING ABOUT HIS OR
HER RESIGNATION SHALL BE DEEMED A MISDEMEANOR, AND ANY SUCH VETERAN
SHALL HAVE A RIGHT OF ACTION THEREFOR IN ANY COURT OF COMPETENT JURIS-
DICTION FOR DAMAGES AND FOR RIGHTING THE WRONG.
S 2. Section 85 of the civil service law, as added by chapter 790 of
the laws of 1958, paragraph (a) of subdivision 1 as amended by chapter
333 of the laws of 1993, paragraph (b) of subdivision 1 as amended by
chapter 661 of the laws of 1983, subparagraph 2 of paragraph (b) of
subdivision 1 as amended by chapter 616 of the law of 1995, subparagraph
3 of paragraph (b) and paragraph (c) of subdivision 1 as amended by
chapter 467 of the laws of 1991, subparagraph 4 of paragraph (c) of
subdivision 1 as amended by chapter 179 of the laws of 2006, paragraph
(c) of subdivision 4 as amended by chapter 15 of the laws of 1971,
subdivision 7 as amended by chapter 532 of the laws of 1976 and subdivi-
sion 7-a as amended by chapter 334 of the laws of 1994, is amended to
read as follows:
S 85. Additional credit allowed veterans in competitive examinations;
preference in retention upon abolition of positions. 1. Definitions. (a)
The [terms] TERM "veteran" [and "non-disabled veteran" mean] MEANS a
member of the armed forces of the United States who served therein in
time of war OR PEACE, 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 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.
[(b) The term "disabled veteran" means a veteran who is certified by
the United States veterans' administration or a military department as
entitled 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 and in existence at the time of applica-
tion 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 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 examina-
tion the war-incurred disability described in such certificate 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 affirma-
tively 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 application for
appointment or promotion or the date of filing application for compet-
itive examination for original appointment or promotion, or within one
A. 10462 4
year of the time of retention, as the case may be. The term "disabled
veteran" shall also mean:
(1) A veteran who served in world war I, who continued to serve in the
armed forces of the United States after the eleventh day of November,
nineteen hundred eighteen, and who is certified, as hereinbefore
provided, by the United States veterans' administration as receiving
disability payments upon the certification of such veterans' adminis-
tration for a disability incurred by him in such service on or before
the second day of July, nineteen hundred twenty-one.
(2) A veteran who served in world war II, who continued to serve in
the armed forces of the United States after the second day of September,
nineteen hundred forty-five, or who was employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who was discharged or released
therefrom under honorable conditions, or who served as a United States
civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri-
can World Airways or one of its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who was discharged or
released therefrom under honorable conditions, and who is certified, as
hereinbefore provided, by the United States veterans' administration as
receiving disability payments upon the certification of such veterans'
administration for a disability incurred by him in such service on or
before the date that world war II is declared terminated.
(3) A veteran who served during hostilities participated in by the
military forces of the United States subsequent to June twenty-seventh,
nineteen hundred fifty, and who continued to serve in the armed forces
of the United States after the thirty-first day of January, nineteen
hundred fifty-five, and who is certified, as hereinbefore provided, by
the United States veterans' administration as receiving disability
payments upon the certification of such veterans' administration for a
disability incurred by him in such service.
(c) The term "time of war" shall include the following wars and
hostilities for the periods and based upon the evidence herein set
forth:
A. 10462 5
(1) World war I, from the sixth day of April, nineteen hundred seven-
teen, to and including the eleventh day of November, nineteen hundred
eighteen.
(2) World war II, from the seventh day of December, nineteen hundred
forty-one, to and including the thirty-first day of December, nineteen
hundred forty-six.
(3) Hostilities participated in by the military forces of the United
States, from the twenty-seventh day of June, nineteen hundred fifty, to
and including the thirty-first day of January, nineteen hundred fifty-
five.
(4) Hostilities participated in by the military forces of the United
States, from the twenty-eighth day of February, nineteen hundred sixty-
one to the seventh day of May, nineteen hundred seventy-five.
(5) Hostilities participated in by the military forces of the United
States in Lebanon, from the first day of June, nineteen hundred eighty-
three to the first day of December, nineteen hundred eighty-seven, as
established by receipt of the armed forces expeditionary medal, the navy
expeditionary medal, or the marine corps expeditionary medal.
(6) Hostilities participated in by the military forces of the United
States in Grenada, from the twenty-third day of October, nineteen
hundred eighty-three to the twenty-first day of November, nineteen
hundred eighty-three, as established by receipt of the armed forces
expeditionary medal, the navy expeditionary medal, or the marine corps
expeditionary medal.
(7) Hostilities participated in by the military forces of the United
States in Panama, from the twentieth day of December, nineteen hundred
eighty-nine to the thirty-first day of January, nineteen hundred ninety,
as established by receipt of the armed forces expeditionary medal, the
navy expeditionary medal, or the marine corps expeditionary medal.
(8) Hostilities participated in by the military forces of the United
States in the Persian Gulf, from the second day of August, nineteen
hundred ninety to the end of such hostilities.
(d)] (B) The term "time of application for original appointment or
promotion" shall mean the date of the establishment of an eligible list
resulting from a competitive examination for original appointment or
promotion, as the case may be, which date shall be the date on which the
term of such eligible list commences.
[(e)] (C) The term "time of retention" shall mean the time of aboli-
tion or elimination of positions.
2. Additional credits in competitive examinations for original
appointment or promotion.
(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 additional in
a competitive examination for original appointment and five points addi-
tional credit in a competitive examination for promotion[, and
(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].
(b) Such additional credit shall be added to the final earned rating
of such [disabled veteran or non-disabled] veteran, [as the case may
be,] after he or she has qualified in the competitive examination and
A. 10462 6
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 OR HERSELF enti-
tled to additional credit in a competitive examination as provided here-
in, may make application for such additional credit at any time between
the date of his OR HER 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 OR HER application for examination in which to establish by
appropriate documentary proof his OR HER eligibility to receive addi-
tional 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 appointment or promotion, the eligible list
resulting from such examination may be established, notwithstanding the
fact that a veteran [or disabled veteran] who has applied for additional
credit has failed to establish his OR HER eligibility to receive such
additional credit. A candidate who fails to establish, by appropriate
documentary proof, his OR HER eligibility to receive additional credit
by the time an eligible list is established shall not thereafter be
granted additional credit on such eligible 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 OR SHE was allowed
the additional credit granted by this section, [either] as a veteran [or
disabled veteran], shall thereafter be entitled to any additional credit
under this section either as a veteran [or a disabled veteran].
(b) Where, at the time of establishment of an eligible list, the posi-
tion of a veteran [or disabled veteran] 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, as the
case may be,] from such eligible list shall not be deemed to have been
made from an eligible list on which he OR SHE was allowed the additional
credit granted by this section.
(c) If, at the time of appointment from an eligible list, a veteran
[or disabled veteran] is in the same relative standing among the eligi-
bles who are willing to accept appointment as if he OR SHE had not been
granted the additional credits provided by this section, his OR HER
appointment from among such eligibles shall not be deemed to have been
made from an eligible list on which he OR SHE was allowed such addi-
tional credits.
(d) Where a veteran [or disabled veteran] has been originally
appointed or promoted from an eligible list on which he OR SHE was
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 OR SHE shall
not be deemed to have been appointed or promoted, as the case may be,
from an eligible list on which he OR SHE was allowed additional credit,
and such appointment or promotion shall not affect his OR HER eligibil-
ity 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
A. 10462 7
examination in which a veteran [or disabled veteran] has received the
additional credit granted by this section, such veteran [or disabled
veteran] may elect, prior to permanent original appointment or permanent
promotion, to relinquish the additional credit theretofore granted to
him OR HER and accept the lower position on such eligible list to which
he OR SHE 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], and transmitted
to the state civil service department 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] appointed or promoted as a result of
additional credits granted by this section to positions under its juris-
diction. The appointment or promotion of a veteran [or disabled veteran]
as a result of additional credits shall be void if such veteran [or
disabled veteran], prior to such appointment or promotion, had been
appointed or promoted as a result of additional credits granted by this
section.
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-
disabled] 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)] (3) 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 paragraph, 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 OR HER confinement, provided that medical
authorities approved by such commission shall certify that the employee
is not able to perform the duties of his OR HER 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 certif-
ication of medical authorities selected by such commission that the
employee is, as a result of his OR HER injury, still not able to perform
the duties of his OR HER position. 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 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)] (4) the
spouse of a veteran with one hundred percent service connected disabili-
ty 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 domiciled with the veteran-spouse and is
A. 10462 8
the head of the household. This section shall not be construed as
conferring any additional benefit upon such employee other than a pref-
erence in retention. Such employee shall be subject to transfer upon the
abolition of his OR HER function within his OR HER agency or department.
7-a. For the purpose of subdivision seven of this section, the terms
"date of original appointment" and "date of original appointment in the
service" shall mean, for persons subject to subdivisions one-a and one-c
of section eighty of this chapter, the date 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 occurs.
8. Penalty for denial of preference in retention. A refusal to allow
the preference in retention provided for in this section to any veteran
[or disabled veteran], or a reduction of his OR HER compensation
intended to bring about his OR HER resignation shall be deemed a misde-
meanor, and any such veteran [or disabled veteran] shall have a right of
action therefor in any court of competent jurisdiction for damages and
for righting the wrong.
S 3. This act shall take effect immediately.