S T A T E O F N E W Y O R K
________________________________________________________________________
5756
2023-2024 Regular Sessions
I N A S S E M B L Y
March 23, 2023
___________
Introduced by M. of A. BENDETT -- read once and referred to the Commit-
tee on Governmental Employees
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.
LBD10118-01-3
A. 5756 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.