S T A T E O F N E W Y O R K
________________________________________________________________________
3648
2019-2020 Regular Sessions
I N S E N A T E
February 11, 2019
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
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
be deemed to be in existence at the time of application for appointment
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07701-01-9
S. 3648 2
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
fourteenth, nineteen hundred forty-five, and who was discharged or
S. 3648 3
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. 3648 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.
