S T A T E O F N E W Y O R K
________________________________________________________________________
8582
2021-2022 Regular Sessions
I N A S S E M B L Y
December 13, 2021
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the military law, in relation to the existing special
eligible list for public employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 243 of the military law, as
amended by chapter 616 of the laws of 1999, is amended to read as
follows:
7. Status of existing lists. Any person whose name is on any eligible
list shall, while in military duty, retain his OR HER rights and status
on such list. If the name of any such person is reached for certif-
ication during his OR HER military duty, it shall be placed on a special
eligible list in the order of his OR HER original standing, provided he
OR SHE makes request therefor following termination of his OR HER mili-
tary duty and during the period of his OR HER eligibility on such list.
Such list shall be certified before certification shall be made from a
subsequent open competitive or promotion eligible list for the same
position or from the original eligible list for such position. [Such
names shall remain on such special eligible list for a period of two
years after the termination of such military duty.] UPON BEING PLACED
UPON SUCH SPECIAL ELIGIBLE LIST, THE GOVERNMENTAL AGENCY OR SUBDIVISION
SHALL NOTIFY SUCH PERSON, IN WRITING, THAT THEIR NAME WILL REMAIN ON THE
LIST FOR TWO YEARS AFTER THE TERMINATION OF SUCH MILITARY DUTY, AND THAT
UNLESS SUCH PERSON MAKES A REQUEST TO BE PLACED AND REMAIN UPON SUCH
LIST DURING THIS TWO YEAR PERIOD, THEIR NAME WILL BE REMOVED. Any such
person thus appointed shall, for the purpose of computing seniority
credit and training and experience credit for promotion and date of
membership in the retirement system and seniority in the event of
suspension or demotion, be deemed to have been appointed on the earliest
date upon which any eligible, who was the lower on such original eligi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10774-01-1
A. 8582 2
ble list, was appointed, provided, however that service credit shall be
computed from the actual date of appointment. The retirement system
contributions of any such person who made any contribution to the
retirement system pursuant to article fourteen or fifteen of the retire-
ment and social security law, and who was appointed on or after July
twenty-seventh, nineteen hundred seventy-six shall not be refunded.
§ 2. This act shall take effect immediately.