S T A T E O F N E W Y O R K
________________________________________________________________________
7259
2023-2024 Regular Sessions
I N A S S E M B L Y
May 16, 2023
___________
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] THE rights and status
on such list. If the name of any such person is reached for certif-
ication during [his] military duty, it shall be placed on a special
eligible list in the order of [his] original standing, provided [he] THE
PERSON makes request therefor following termination of [his] military
duty and during the period of [his] 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 eligible list,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05530-02-3
A. 7259 2
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 retirement 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.