S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5205
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 lifting  mandatory
   hiring and retirement ages for municipal police
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 58 of  the  civil
 service  law,  as amended by chapter 244 of the laws of 2013, is amended
 to read as follows:
   (a) he or she is not less than twenty years of age as of the  date  of
 appointment  [nor more than thirty-five years of age as of the date when
 the applicant takes the written examination, provided that  the  maximum
 age  requirement  of thirty-five years of age as set forth in this para-
 graph shall not apply to eligible lists finalized pursuant to  an  exam-
 ination  administered  prior to May thirty-first, nineteen hundred nine-
 ty-nine  or  a  police  officer  in  the  department  of   environmental
 conservation, provided, however, that:
   (i)  time spent on military duty or on terminal leave, not exceeding a
 total of six years, shall be subtracted from the age  of  any  applicant
 who  has passed his or her thirty-fifth birthday as provided in subdivi-
 sion ten-a of section two hundred forty-three of the military law;
   (ii) such maximum age requirement of thirty-five years shall not apply
 to any police officer as defined in subdivision thirty-four  of  section
 1.20 of the criminal procedure law, who was continuously employed by the
 Buffalo  municipal housing authority between January first, two thousand
 five and June thirtieth, two thousand five and who takes the next  writ-
 ten  exam  offered  after the effective date of this subparagraph by the
 city of Buffalo civil service commission  for  employment  as  a  police
 officer in the city of Buffalo police department, or June thirtieth, two
 thousand six, whichever is later; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10600-01-7
              

 S. 5205                             2

   (iii)  such  maximum  age  requirement  of thirty-five years shall not
 apply to any police officer of any county, town, city or village  police
 force  not  otherwise  provided for in this section if the eligible list
 has been exhausted and there are no other eligible candidates; provided,
 however,  the police officer themselves are on the eligible list of such
 county, town, city or village and meet all other requirements  of  merit
 and  fitness set forth by this chapter and do not exceed the maximum age
 of thirty-nine];
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.