S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5291
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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, the public authorities law and
   the military law, in relation to suspension or demotion upon the abol-
   ition or reduction of positions for  labor  class  and  noncompetitive
   titles;  and  to repeal section 80-a of the civil service law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 1-d, 2, 4, 5, 6, 7, subpara-
 graph 1 of paragraph (b) of subdivision 7-a and subdivision 9 of section
 80  of the civil service law, subdivision 1 as amended by chapter 283 of
 the laws of 1972, subdivision 1-a as added by chapter 312 of the laws of
 1976, subdivision 1-b as added by chapter  653  of  the  laws  of  1978,
 subdivision 1-c as added by chapter 334 of the laws of 1994, subdivision
 1-d  as  added  by  chapter  731  of  the laws of 2004, subdivision 2 as
 amended by chapter 376 of the laws of 1977, subdivision 4  as  added  by
 chapter  790  of  the  laws  of  1958, subdivisions 6 and 7 as added and
 subdivision 5 as amended by chapter 283 of the laws  of  1972,  subdivi-
 sions  4,  5,  6 and 7 as renumbered by chapter 360 of the laws of 1985,
 subparagraph 1 of paragraph (b) of subdivision 7-a as added  by  chapter
 528 of the laws of 2001 and subdivision 9 as added by chapter 470 of the
 laws of 1988, are amended to read as follows:
   1. Suspension or demotion. Where, because of economy, consolidation or
 abolition  of  functions,  curtailment of activities or otherwise, posi-
 tions in the competitive, NONCOMPETITIVE OR LABOR class are abolished or
 reduced in rank or salary grade, suspension or demotion, as the case may
 be, among incumbents holding the same or similar positions IN  THE  SAME
 JURISDICTIONAL  CLASS  shall  be  made  in the inverse order of original
 appointment on a permanent  basis  in  the  classified  service  in  the
 service  of  the  governmental  jurisdiction  in which such abolition or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10954-01-9

 S. 5291                             2
 
 reduction of positions occurs, subject to the provisions of  subdivision
 seven  of  section  eighty-five of this chapter; provided, however, that
 the date of original appointment of any such incumbent  who  was  trans-
 ferred  to  such  governmental  jurisdiction  from  another governmental
 jurisdiction upon the  transfer  of  functions  shall  be  the  date  of
 original  appointment  on a permanent basis in the classified service in
 the service of the governmental jurisdiction from  which  such  transfer
 was  made.  Notwithstanding the provisions of this subdivision, however,
 upon the abolition or reduction of positions in the competitive, NONCOM-
 PETITIVE OR LABOR class, incumbents holding the same  or  similar  posi-
 tions  IN  THE  SAME  JURISDICTIONAL  CLASS who have not completed their
 probationary service shall be suspended or demoted, as the case may  be,
 before  any  permanent incumbents, and among such probationary employees
 the order of suspension or demotion  shall  be  determined  as  if  such
 employees were permanent incumbents.
   1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section, the members of a police or paid fire department in the city  of
 Buffalo  shall  be subject to the following procedure. Where, because of
 economy, consolidation or abolition of functions, curtailment of  activ-
 ities  or  otherwise,  positions  in  the competitive, NONCOMPETITIVE OR
 LABOR class are abolished or reduced in rank or salary grade, suspension
 or demotion, as the case may be, among incumbents holding  the  same  or
 similar  positions IN THE SAME JURISDICTIONAL CLASS shall be made in the
 inverse order 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 of positions occurs, subject to the provisions of
 subdivision seven of section eighty-five of this chapter.  Notwithstand-
 ing the provisions of this subdivision, however, upon the  abolition  or
 reduction  of positions in the competitive class, incumbents holding the
 same or similar positions who  have  not  completed  their  probationary
 service  shall  be  suspended or demoted, as the case may be, before any
 permanent incumbents, and among such probationary employees the order of
 suspension or demotion shall be determined as  if  such  employees  were
 permanent incumbents.
   1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section, employees of secure detention facilities in  the  city  of  New
 York  and  of the alternatives to secure detention facilities program in
 such city who are performing functions which were assumed by the depart-
 ment of social services of the city of New York  on  the  tenth  day  of
 November,  nineteen  hundred  seventy-one  and who, upon such assumption
 were transferred to said department, shall be subject to  the  following
 procedure.  Where,  because  of  economy,  consolidation or abolition of
 function, curtailment of  activities  or  otherwise,  positions  in  the
 competitive,  NONCOMPETITIVE OR LABOR class are abolished, or reduced in
 rank or salary grade, suspension or demotion, as the case may be,  among
 incumbents  holding  the same or similar positions IN THE SAME JURISDIC-
 TIONAL CLASS shall be made in the inverse order of original  appointment
 on  a  permanent  basis  in the classified service in the service of the
 governmental jurisdiction in which such abolition or reduction of  posi-
 tions  occurs, subject to the provisions of subdivision seven of section
 eighty-five of this chapter; provided, however, that if  any  person  so
 employed  and so transferred was employed on a permanent basis in such a
 facility or such program prior to the thirtieth day of  December,  nine-
 teen  hundred  sixty-seven,  for  purposes of this subdivision regarding
 priority of retention and for no other purpose,  the  date  of  original
 appointment  of  any  such  person  shall  be deemed to be the date such

 S. 5291                             3
 
 permanent employment commenced prior to the said thirtieth day of Decem-
 ber, nineteen hundred sixty-seven.
   1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section, sworn employees of the Monroe county sheriff's department shall
 be subject to  the  following  procedure.  Where,  because  of  economy,
 consolidation  or  abolition  of  function, curtailment of activities or
 otherwise, positions in the competitive, NONCOMPETITIVE OR  LABOR  class
 are  abolished,  or  reduced  in  rank  or  salary  grade, suspension or
 demotion, as the case may be, among incumbents holding the same or simi-
 lar positions IN THE SAME JURISDICTIONAL CLASS  shall  be  made  in  the
 inverse  order 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 of positions occurs, subject to the provisions of
 subdivision  seven  of  section  eighty-five  of this chapter; provided,
 however, that if any person so employed was employed  in  such  person's
 current  title prior to the first day of April, nineteen hundred ninety-
 three, for purposes of this subdivision regarding priority of  retention
 and  for  no other purpose, the date of original appointment of any such
 person shall be deemed to be the date such employment commenced prior to
 the said first day of April, nineteen hundred ninety-three.
   1-d.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section,  the  sworn members of the police force of the county of Nassau
 shall be subject to the following procedure. Where, because of  economy,
 consolidation  or  abolition  of functions, curtailment of activities or
 otherwise, positions in the competitive, NONCOMPETITIVE OR  LABOR  class
 are  abolished  or  reduced  in  rank  or  salary  grade,  suspension or
 demotion, as the case may be, among incumbents holding the same or simi-
 lar positions IN THE SAME JURISDICTIONAL CLASS  shall  be  made  in  the
 inverse  order 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 of positions occurs, subject to the provisions of
 subdivision seven of section eighty-five of this chapter.  Notwithstand-
 ing  the  provisions of this subdivision, however, upon the abolition or
 reduction of positions, those employees who  have  not  completed  their
 probationary  service shall be suspended or demoted, as the case may be,
 before any permanent incumbents, and among such  probationary  employees
 the  order  of  suspension  or  demotion  shall be determined as if such
 employees were permanent incumbents.
   2. Continuous service. Except as otherwise provided  herein,  for  the
 purposes  of this section the original appointment of an incumbent shall
 mean the date of his OR HER first appointment on a  permanent  basis  in
 the  classified service followed by continuous service in the classified
 service on a permanent  basis  up  to  the  time  of  the  abolition  or
 reduction  of  the competitive, NONCOMPETITIVE OR LABOR class positions.
 An employee who has resigned and who has been reinstated or  reappointed
 in  the  service  within  one year thereafter shall, for the purposes of
 this section, be deemed to have continuous service. An employee who  has
 been  terminated  because  of  a  disability resulting from occupational
 injury or disease as defined in the  [workmen's]  WORKERS'  compensation
 law and who has been reinstated or reappointed in the service thereafter
 shall  be deemed to have continuous service. A period of employment on a
 temporary or provisional basis, or in the  unclassified  service,  imme-
 diately  preceded  and  followed  by permanent service in the classified
 service, shall not constitute an interruption of continuous service  for
 the  purposes  of  this  section; nor shall a period of leave of absence
 without pay pursuant to law or the rules of the civil service commission

 S. 5291                             4
 
 having jurisdiction, or any period during which an employee is suspended
 from his OR HER position pursuant to this section, constitute an  inter-
 ruption of continuous service for the purposes of this section.
   4. Units for suspension or demotion in civil divisions. Upon the abol-
 ition  or  reduction  of  positions  in the service of a civil division,
 suspension or demotion shall be made from among  employees  holding  the
 same or similar positions IN THE SAME JURISDICTIONAL CLASS in the entire
 department  or  agency within which such abolition or reduction of posi-
 tions occurs. In a city having a population of one million or more,  the
 municipal  civil  service commission may, by rule, designate as separate
 units for suspension and demotion under the provisions of  this  section
 any  hospital or institution or any division of any department or agency
 under its jurisdiction. Upon the abolition or reduction of positions  in
 such  service, suspension or demotion, as the case may be, shall be made
 from among employees holding the same or similar positions IN  THE  SAME
 JURISDICTIONAL  CLASS  in  the  department  wherein  such  abolition  or
 reduction occurs, except that where such abolition or  reduction  occurs
 in  such  hospital or institution or division of a department designated
 as a separate unit for suspension or demotion,  suspension  or  demotion
 shall  be  made  from among incumbents holding the same or similar posi-
 tions IN THE SAME JURISDICTIONAL CLASS in such separate unit.
   5. Units for suspension or demotion in the state service.  The  presi-
 dent  may,  by regulation, designate as separate units for suspension or
 demotion under the provisions of this section any state hospital, insti-
 tution or facility or any division of any state department or agency  or
 specified  hospitals,  institutions  and  facilities  of  a single state
 department or agency within a particular geographic area  as  determined
 by  the  president.  Upon the abolition or reduction of positions IN THE
 SAME JURISDICTIONAL CLASS in the state service, suspension or  demotion,
 as  the case may be, shall be made from among employees holding the same
 or similar  positions  in  the  department  wherein  such  abolition  or
 reduction  occurs,  except that where such abolition or reduction occurs
 in a separate unit for suspension or demotion designated  by  regulation
 of the president, suspension or demotion shall be made from among incum-
 bents holding the same or similar positions in such separate unit.
   6.  Displacement  in civil divisions. A permanent incumbent of a posi-
 tion in a civil division in a specific title to which there is a  direct
 line  of  promotion  who  is  suspended  or  displaced  pursuant to this
 section, together with all other such incumbents suspended or  displaced
 at  the  same time, shall displace, in the inverse order of the order of
 suspension or demotion prescribed in subdivisions one and  two  of  this
 section, incumbents serving in positions in the same lay-off unit in the
 next  lower  occupied  title  in  direct  line of promotion who shall be
 displaced in the order of suspension or demotion prescribed in  subdivi-
 sions  one and two of this section; provided, however, that no incumbent
 shall displace any other incumbent having greater retention standing  IN
 THE SAME JURISDICTIONAL CLASS. If a permanent incumbent of a position in
 a  civil  division  is suspended or displaced from a position in a title
 for which there are no lower level occupied positions in direct line  of
 promotion,  he  OR  SHE  shall  displace  the  incumbent  with the least
 retention right pursuant to subdivisions one and two of this section who
 is serving in a position in the title in which the displacing  incumbent
 last  served  on a permanent basis prior to service in one or more posi-
 tions in the title from which he OR SHE is suspended or  displaced,  if:
 (1)  the  service of the displacing incumbent while in such former title
 was satisfactory and (2) the position of the junior incumbent is in  (a)

 S. 5291                             5

 the competitive, NONCOMPETITIVE OR LABOR class, (b) the layoff unit from
 which  the  displacing  incumbent  was suspended or displaced, and (c) a
 lower salary grade than the position from which the displacing incumbent
 is  suspended  or  displaced; provided, however, that no incumbent shall
 displace any other incumbent having greater retention  standing  IN  THE
 SAME JURISDICTIONAL CLASS. Refusal of appointment to a position afforded
 by  this subdivision constitutes waiver of rights under this subdivision
 with respect to the suspension or displacement on account of  which  the
 refused  appointment is afforded. The municipal civil service commission
 shall promulgate rules to implement  this  subdivision  including  rules
 which  may  provide  adjunctive opportunities for displacement either to
 positions in direct line of promotion or  to  formerly  held  positions;
 provided,  however,  that  no  such  rule  shall  permit an incumbent to
 displace any other incumbent having greater retention  standing  IN  THE
 SAME  JURISDICTIONAL  CLASS. For the purpose of acquiring preferred list
 rights, displacement pursuant to this subdivision is the  equivalent  of
 suspension or demotion pursuant to subdivision one of this section.
   7. Displacement in the state service. A permanent incumbent of a posi-
 tion in the state service in a specific title to which there is a direct
 line  of  promotion  who  is  suspended  or  displaced  pursuant to this
 section, together with all other such incumbents suspended or  displaced
 at  the  same time, shall displace, in the inverse order of the order of
 suspension or demotion prescribed in subdivisions one and  two  of  this
 section,  incumbents serving in positions in the same layoff unit in the
 next lower occupied title in direct  line  of  promotion  who  shall  be
 displaced  in the order of suspension or demotion prescribed in subdivi-
 sions one and two of this section; provided, however, that no  incumbent
 shall  displace any other incumbent having greater retention standing IN
 THE SAME JURISDICTIONAL CLASS. If a permanent incumbent of a position in
 the state service is suspended or displaced from a position in  a  title
 for  which there are no lower level occupied positions in direct line of
 promotion, he OR  SHE  shall  displace  the  incumbent  with  the  least
 retention right pursuant to subdivisions one and two of this section who
 is  serving in a position in the title in which the displacing incumbent
 last served on a permanent basis prior to service in one or  more  posi-
 tions  in  the title from which he OR SHE is suspended or displaced, if:
 (1) the service of the displacing incumbent while in such  former  title
 was  satisfactory and (2) the position of the junior incumbent is in (a)
 the competitive, NONCOMPETITIVE OR LABOR class, (b) the layoff unit from
 which the displacing incumbent was suspended or  displaced,  and  (c)  a
 lower salary grade than the position from which the displacing incumbent
 is  suspended  or  displaced; provided, however, that no incumbent shall
 displace any other incumbent having greater retention  standing  IN  THE
 SAME JURISDICTIONAL CLASS. Refusal of appointment to a position afforded
 by  this subdivision constitutes waiver of rights under this subdivision
 with respect to the suspension or displacement on account of  which  the
 refused  appointment  is  afforded.  The  state civil service commission
 shall promulgate rules to implement  this  subdivision  including  rules
 which  may  provide  adjunctive opportunities for displacement either to
 positions in direct line of promotion or  to  formerly  held  positions;
 provided,  however,  that  no  such  rule  shall  permit an incumbent to
 displace any other incumbent having greater retention  standing  IN  THE
 SAME  JURISDICTIONAL  CLASS. For the purpose of acquiring preferred list
 rights, displacement pursuant to this subdivision is the  equivalent  of
 suspension or demotion pursuant to subdivision one of this section.

 S. 5291                             6
 
   (1)  Pursuant  to  such  method  of payment, such member shall pay, as
 additional member contributions  payable  besides  the  ordinary  member
 contributions due for his OR HER current service:
   (A)  the  ordinary member contributions which would have been done for
 such period of suspension if he or she  had  actually  been  in  service
 during such period; and
   (B)  (if  such  member  has elected the twenty-year retirement program
 provided for by section six hundred four-a of the retirement and  social
 security law), the additional member contributions which he OR SHE would
 have  been required to make under the provisions of that section for the
 period from the starting date of such program to the date next preceding
 the date on which such member became a participant  in  such  retirement
 program,  if  he  OR  SHE had become such a participant on such starting
 date; and
   (C) additional member contributions of two per centum of  his  or  her
 compensation for the period beginning with the first full payroll period
 which  includes  the date of enactment of this subdivision and ending on
 the earlier of his or her date of retirement or his or her completion of
 thirty years of service.
   9. Certain suspensions or demotions in  the  city  of  Niagara  Falls.
 Notwithstanding  the  provisions of subdivision one of this section, the
 members of a paid fire department in the city of Niagara Falls shall  be
 subject  to  the following procedure. Where, because of economy, consol-
 idation or abolition of functions, curtailment of activities  or  other-
 wise,  positions  in  the  competitive class are abolished or reduced in
 rank or salary grade, suspension or demotion, as the case may be,  among
 incumbents  holding  the same or similar positions IN THE SAME JURISDIC-
 TIONAL CLASS shall be made in the inverse order of original  appointment
 on a permanent basis in the grade or title in the service of the govern-
 mental  jurisdiction  in  which such abolition or reduction of positions
 occurs, subject to the provisions of subdivision seven of section eight-
 y-five of this chapter.  Notwithstanding the provisions of this subdivi-
 sion, however, upon the abolition  or  reduction  of  positions  in  the
 competitive,  NONCOMPETITIVE OR LABOR class, incumbents holding the same
 or similar positions IN THE  SAME  JURISDICTIONAL  CLASS  who  have  not
 completed  their  probationary service shall be suspended or demoted, as
 the case may be, before any permanent incumbents, and among such  proba-
 tionary  employees  the  order of suspension or demotion shall be deter-
 mined as if such employees were permanent incumbents.
   § 2. Section 80-a of the civil service law is REPEALED.
   § 3. Subdivision 1 of section 81 of the civil service law, as  amended
 by chapter 152 of the laws of 2011, is amended to read as follows:
   1.  Establishment  of preferred lists; general provisions. The head of
 any department, office or institution in which an employee is  suspended
 or  demoted  in  accordance  with  the  provisions of [sections] SECTION
 eighty [and eighty-a] of this  title  shall,  upon  such  suspension  or
 demotion,  furnish  the  state  civil  service department or appropriate
 municipal commission, as the case may be, a statement showing his  name,
 title  or  position, date of appointment, and the date of and reason for
 suspension or demotion. It shall be  the  duty  of  such  civil  service
 department  or  commission,  as  the case may be, forthwith to place the
 name of such employee upon a preferred list, together  with  others  who
 may have been suspended or demoted from the same or similar positions in
 the  same jurisdictional class, and to certify such list, as hereinafter
 provided, for filling vacancies in the same jurisdictional class; first,
 in the same or similar position; second, in  any  position  in  a  lower

 S. 5291                             7
 
 grade  in line of promotion; and third, in any comparable position. Such
 preferred list shall be certified for filling  a  vacancy  in  any  such
 position  before  certification is made from any other list, including a
 promotion  eligible  list,  notwithstanding  the  fact  that none of the
 persons on such preferred list was suspended  from  or  demoted  in  the
 department or suspension and demotion unit in which such vacancy exists.
 No  other name shall be certified from any other list for any such posi-
 tion until such preferred list is exhausted. The eligibility  for  rein-
 statement  of  a  person  whose  name appears on any such preferred list
 shall not continue for a period longer than four years from the date  of
 separation  or  demotion.  An  employee  whose  name  was  placed on the
 preferred list and at the time of such placement was on active duty with
 the armed forces of the United States, as pursuant to title  ten,  four-
 teen  or thirty-two of the United States code, shall not be eligible for
 employment reinstatement for a period longer than four years  after  the
 date of termination of military duty.
   §  4.  Subdivisions  1 and 5 of section 81-a of the civil service law,
 subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
 sion 5 as added by chapter 239 of the laws of 1992, are amended to  read
 as follows:
   1. Establishment of reemployment rosters in the state service; general
 provisions. The head of any department, office or institution from which
 an  employee  in  the  state  service  is  to be suspended or demoted in
 accordance with the provisions of section eighty [or eighty-a]  of  this
 article,  shall,  at  least  twenty  days  prior  to  such suspension or
 demotion, furnish the state civil service department  with  a  statement
 showing  such  employee's  name, title or position, date of appointment,
 and the date of and reason for suspension or demotion. Upon such employ-
 ee's suspension or demotion, it shall be the duty of the  department  to
 place  the  name of such employee upon a reemployment roster for filling
 vacancies in any comparable position as determined  by  the  department,
 except  that  employees  suspended or demoted from positions in the non-
 competitive and labor classes may not be certified to fill vacancies  in
 the  competitive  class. Such reemployment roster shall be certified for
 filling a vacancy in any such position before certification is made from
 any other list, including a promotion eligible list, but not prior to  a
 preferred  list.  Eligibility  for  reinstatement of a person whose name
 appears on any such reemployment roster shall not continue for a  period
 longer than four years from the date of suspension or demotion provided,
 however, in no event shall eligibility for reinstatement  from  a  reem-
 ployment roster continue once the person is no longer eligible for rein-
 statement from a preferred list.
   5. Notwithstanding any other provision of this chapter, the department
 may  disqualify for reinstatement and remove from a  reemployment roster
 the name of any otherwise eligible person who, by reason of physical  or
 mental  incapacity,  is found to be unable to satisfactorily perform the
 duties of the position for which such roster has  been  established,  or
 who has engaged in such misconduct as would warrant his or her dismissal
 from public employment, except that a person who is not completely phys-
 ically incapacitated and who is suspended or demoted pursuant to section
 eighty  [or  eighty-a]  of  this article because his or her position has
 been abolished or reduced, but who is certified for reinstatement to any
 position having the same physical  requirements  as  the  position  from
 which  such  person  was suspended or demoted, shall not be disqualified
 because of his or her incapacity, unless upon medical examination his or
 her incapacity has worsened to a degree that he or she would not be able

 S. 5291                             8
 
 to satisfactorily perform in such position. No person shall be disquali-
 fied pursuant to this subdivision unless he or  she  is  first  given  a
 written statement of the reasons therefor and an opportunity to be heard
 at  a hearing at which satisfactory proof of such reasons must be estab-
 lished by appropriate evidence, and at which  such  person  may  present
 independent  evidence  and be entitled to representation by counsel. The
 department shall designate a person to  hold  such  hearing  and  report
 thereon.
   §  5.  Subdivision  1  of  section  81-b  of the civil service law, as
 amended by chapter 140 of the laws  of  1993,  is  amended  to  read  as
 follows:
   1.  Establishment  of  placement rosters in the state service; general
 provisions.   The head of any department,  office  or  institution  from
 which  an employee in the state service is to be suspended or demoted in
 accordance with the provisions of section eighty [or eighty-a]  of  this
 article,  shall, no later than the date on which he or she furnishes the
 state civil service department with the  employee  information  required
 pursuant  to section eighty-one-a of this article for purposes of estab-
 lishing reemployment rosters, furnish the state civil service department
 with a statement showing such employee's name, title or  position,  date
 of appointment, and the anticipated date of and reason for suspension or
 demotion.  Upon  receiving such information, it shall be the duty of the
 department forthwith to place the name of such employee upon a placement
 roster for filling vacancies in the same  title  or  in  any  comparable
 position   as  determined  by  the  department,  except  that  employees
 suspended or demoted from positions in  the  non-competitive  and  labor
 classes may not be certified to fill vacancies in the competitive class.
 Such  placement  roster  shall be certified for filling a vacancy in any
 such position before certification is made from any other list,  includ-
 ing  a  promotion  eligible list, but not prior to a preferred list or a
 reemployment roster. Eligibility for appointment of  an  employee  whose
 name  appears  on any such placement roster shall terminate at such time
 as  the  employee  is  suspended  or  demoted  in  accordance  with  the
 provisions  of  section eighty [or eighty-a] of this article.  Upon such
 employee's suspension or demotion, the department shall place  the  name
 of  such  employee  upon  a preferred list, and a reemployment roster as
 appropriate, in accordance with the provisions  of  sections  eighty-one
 and eighty-one-a of this article.
   §  6. Subdivision 7 of section 85 of the civil service law, as amended
 by chapter 532 of the laws of 1976, is amended to read as follows:
   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-dis-
 abled  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) 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  para-

 S. 5291                             9
 
 graph,  which  requires  immediate  hospitalization,  and  which  is not
 compensable through [workmen's] WORKERS' compensation may be  suspended,
 demoted  or  displaced pursuant to section eighty of this chapter within
 three  months  of  the  date  of  his confinement, provided that medical
 authorities approved by such commission shall certify that the  employee
 is  not  able  to  perform the duties of his 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  injury,  still not able to perform the duties of his
 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) 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 addi-
 tional benefit upon such employee other than a preference in  retention.
 Such  employee  shall  be  subject to transfer upon the abolition of his
 function within his agency or department.
   § 7. Paragraph (a) of subdivision  3  of  section  131  of  the  civil
 service  law,  as amended by chapter 733 of the laws of 1979, is amended
 to read as follows:
   (a) If such an employee is demoted, or displaced to a  position  in  a
 lower  grade pursuant to [sections] SECTION eighty [or eighty-a] of this
 chapter, or is appointed, transferred or reinstated to a position  in  a
 lower  grade,  he  shall, upon such demotion, displacement, appointment,
 transfer, or reinstatement,  receive  the  rate  of  compensation  which
 corresponds  with  the  number  of  annual increments and the percentage
 value of performance advances actually received  in  the  salary  grades
 from which and to which he is demoted, displaced, appointed, transferred
 or reinstated, as the case may be.
   §  8. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
 13 of section 3556 of the public authorities law, as added by chapter  5
 of the laws of 1997, are amended to read as follows:
   (e) Notwithstanding any other provision of this title, the corporation
 may  disqualify for reinstatement and remove from a  reemployment roster
 the name of any otherwise eligible person who, by reason of physical  or
 mental  incapacity,  is found to be unable to satisfactorily perform the
 duties of the position for which such roster has  been  established,  or
 who has engaged in such misconduct as would warrant his or her dismissal
 from public employment, except that a person who is not completely phys-
 ically incapacitated and who is suspended or demoted pursuant to section
 eighty  [or  eighty-a] of the civil service law because his or her posi-
 tion has been abolished or reduced,  but  who  is  certified  for  rein-
 statement  to  any position having the same physical requirements as the
 position from which such person was suspended or demoted, shall  not  be
 disqualified because of his or her incapacity, unless upon medical exam-
 ination  his  or  her incapacity has worsened to a degree that he or she
 would not be able to satisfactorily perform in such position. No  person
 shall  be  disqualified pursuant to this subdivision unless he or she is

 S. 5291                            10
 
 first given a written statement of the reasons therefor and an  opportu-
 nity  to  be  heard  at  a  hearing  at which satisfactory proof of such
 reasons must be established by appropriate evidence, and at  which  such
 person  may  present  independent  evidence and be entitled to represen-
 tation by counsel. The corporation shall designate a person to hold such
 hearing and report thereon.
   (f) Eligibility for appointment of an employee whose name appears on a
 redeployment list shall terminate at such time as the employee is  rede-
 ployed  pursuant  to the provisions of this section to a position in the
 same salary grade as  the  position  from  which  he  or  she  has  been
 suspended  or  demoted,  or has exercised his or her reemployment rights
 pursuant to the provisions of section eighty-one or eighty-one-a of  the
 civil  service  law, provided, however, that eligibility for appointment
 shall terminate no later than six months  following  the  suspension  or
 demotion  of  such employee in accordance with the provisions of section
 eighty [or eighty-a] of the civil service law.    Upon  such  employee's
 suspension  or  demotion,  the  corporation shall place the name of such
 employee upon a preferred list, and a reemployment roster, as  appropri-
 ate,  in  accordance  with  the  provisions of subdivision eight of this
 section.
   § 9. Subdivision 10-b of section 243 of the military law, as added  by
 chapter 152 of the laws of 2011, is amended to read as follows:
   10-b.  If  a  public  employer  consolidates, abolishes, displaces, or
 demotes a position, in accordance with  section  eighty[,  eighty-a]  or
 eighty-five  of  the  civil  service  law, which is occupied by a public
 employee currently on active duty with the armed forces  of  the  United
 States,  as  pursuant to title ten, fourteen or thirty-two of the United
 States code, such employer shall comply  with  subdivisions  eleven  and
 twelve  of  this section and, upon the termination of the public employ-
 ee's active duty, as defined in title ten, fourteen or thirty-two of the
 United States code, such public employer shall provide  full  re-employ-
 ment  rights  warranted  to  such  employee  under the Federal Uniformed
 Services Employment and  Reemployment  Rights  Act  of  1994,  provided,
 however,  the  right  of  re-employment  under this subdivision does not
 entitle such employee to displacement rights over any person with great-
 er seniority. Such public employer shall not  abolish  any  position  or
 positions  solely based upon the fact that the position or positions are
 currently filled by an individual or  individuals  engaged  in  military
 duty.
   §  10.  Nothing in this act shall be construed to impede, infringe, or
 diminish any rights or benefits relating to the suspension  or  demotion
 upon  the  abolition or reduction of positions for employees in the non-
 competitive class or  the  labor  class  which  employees  are  afforded
 through a bona fide collective bargaining agreement, or otherwise dimin-
 ish the integrity of existing or future collective bargaining agreements
 and other past practices.
   §  11.  This act shall take effect on the ninetieth day after it shall
 have become a law.