S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5877--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil service law, in relation to veterans'  credits
   for civil service appointments and promotions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 85 of the civil  service  law,  as
 added  by  chapter  790 of the laws of 1958, paragraph (a) as amended by
 chapter 333 of the laws of 1993, paragraph (b) as amended by chapter 661
 of the laws of 1983, subparagraph 2 of paragraph (b) as amended by chap-
 ter 616 of the laws of 1995, subparagraph 3 of paragraph (b)  and  para-
 graph (c) as amended by chapter 467 of the laws of 1991 and subparagraph
 4  of  paragraph  (c)  as amended by chapter 179 of the laws of 2006, is
 amended to read as follows:
   1. Definitions. (a) The terms  "veteran"  and  "non-disabled  veteran"
 mean a member of the armed forces of the United States [who served ther-
 ein  in  time  of  war,]  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 OR HER in [time of war] THE COURSE OF HIS OR HER SERVICE
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09469-04-7

 S. 5877--A                          2
 
 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 veter-
 ans' 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  examination  the  [war-incurred]  disability
 described in such certificate was found to exist; and that such disabil-
 ity  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 veter-
 ans' administration shall state affirmatively that  a  permanent  stabi-
 lized  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 competitive examination for original  appoint-
 ment  or  promotion, or within one 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

 S. 5877--A                          3

 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:
   (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)] (C) 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)]  (D)  The term "time of retention" shall mean the time of aboli-
 tion or elimination of positions.

 S. 5877--A                          4
 
   § 2. This act shall take effect immediately,  provided  however,  such
 additional  point  shall  only  apply  to  competitive  examinations for
 original appointment and for promotion created after the effective  date
 of this act.