S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8723
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to providing a legacy
   credit to the children and siblings of persons who served in the mili-
   tary and were killed in the line of duty

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil service law is amended by adding a new section
 85-d to read as follows:
   § 85-D. ADDITIONAL CREDITS ALLOWED THE CHILDREN AND SIBLINGS OF VETER-
 ANS KILLED IN THE LINE OF DUTY. 1. DEFINITIONS.  (A)  AS  USED  IN  THIS
 SECTION,  "KILLED  IN  THE  LINE  OF DUTY" SHALL MEAN HAVING DIED IN THE
 PERFORMANCE OF DUTY OR FROM SERVICE CONNECTED CAUSES INCLUDING DISABILI-
 TY, PRESUMPTIVE CONDITIONS DETERMINED  BY  THE  DEPARTMENT  OF  VETERANS
 AFFAIRS OR TOXIC EXPOSURE.
   (B)  AS USED IN THIS SECTION, "VETERAN" SHALL MEAN A PERSON WHO SERVED
 IN ANY BRANCH OF THE ARMED FORCES OF THE UNITED STATES.
   2. ADDITIONAL CREDIT AUTHORIZED. ADDITIONAL CREDITS SHALL  BE  ALLOWED
 CHILDREN  AND SIBLINGS OF VETERANS KILLED IN THE LINE OF DUTY IN COMPET-
 ITIVE EXAMINATIONS FOR ORIGINAL APPOINTMENT.
   (A) ON ALL ELIGIBLE LISTS RESULTING FROM COMPETITIVE EXAMINATIONS, THE
 NAMES OF ELIGIBLE PERSONS SHALL BE ENTERED IN THE ORDER OF THEIR RESPEC-
 TIVE FINAL EARNED RATINGS ON EXAMINATIONS, WITH THE NAME OF THE ELIGIBLE
 PERSON WITH THE HIGHEST FINAL EARNED RATINGS AT THE HEAD OF  SUCH  LIST;
 PROVIDED,  HOWEVER,  THAT  FOR  THE  PURPOSE OF DETERMINING FINAL EARNED
 RATINGS, CHILDREN AND SIBLINGS OF VETERANS KILLED IN THE  LINE  OF  DUTY
 SHALL  BE  ENTITLED TO RECEIVE AN ADDITIONAL TEN POINTS IN A COMPETITIVE
 EXAMINATION FOR ORIGINAL APPOINTMENT.
   (B) SUCH ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL  EARNED  RATING
 OF  SUCH  CHILD  OR  SIBLING,  AS  THE  CASE MAY BE, AFTER SUCH CHILD OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13176-01-5
 A. 8723                             2
              

 
 SIBLING HAS QUALIFIED IN THE COMPETITIVE EXAMINATION AND SHALL BE GRANT-
 ED ONLY AT THE TIME OF ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST.
   3. APPLICATION FOR ADDITIONAL CREDIT; PROOF OF ELIGIBILITY; ESTABLISH-
 MENT  OF ELIGIBLE LIST. ANY CANDIDATE, BELIEVING SUCH CANDIDATE IS ENTI-
 TLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION  AS  PROVIDED  IN
 THIS  SECTION,  MAY  MAKE  APPLICATION FOR SUCH ADDITIONAL CREDIT AT ANY
 TIME BETWEEN THE DATE OF SUCH CANDIDATE'S  APPLICATION  FOR  EXAMINATION
 AND  THE  DATE OF THE ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. SUCH
 CANDIDATES SHALL BE ALLOWED A PERIOD OF NOT LESS THAN  TWO  MONTHS  FROM
 THE  DATE  OF THE FILING OF SUCH CANDIDATE'S APPLICATION FOR EXAMINATION
 IN WHICH TO ESTABLISH BY APPROPRIATE DOCUMENTARY PROOF SUCH  CANDIDATE'S
 ELIGIBILITY TO RECEIVE ADDITIONAL CREDIT UNDER THIS SECTION. AT ANY TIME
 AFTER  TWO  MONTHS HAVE ELAPSED SINCE THE FINAL DATE FOR FILING APPLICA-
 TIONS FOR A COMPETITIVE EXAMINATION FOR ORIGINAL APPOINTMENT, THE ELIGI-
 BLE LIST RESULTING FROM SUCH EXAMINATION MAY  BE  ESTABLISHED,  NOTWITH-
 STANDING THE FACT THAT A CHILD OR SIBLING WHO HAS APPLIED FOR ADDITIONAL
 CREDIT  HAS  FAILED  TO ESTABLISH SUCH CHILD OR SIBLING'S ELIGIBILITY TO
 RECEIVE SUCH ADDITIONAL CREDIT. A CANDIDATE WHO FAILS TO  ESTABLISH,  BY
 APPROPRIATE  DOCUMENTARY  PROOF, SUCH CANDIDATE'S ELIGIBILITY TO RECEIVE
 ADDITIONAL CREDIT BY THE TIME AN ELIGIBLE LIST IS ESTABLISHED SHALL  NOT
 THEREAFTER BE GRANTED ADDITIONAL CREDIT ON SUCH ELIGIBLE LIST.
   4.  USE OF ADDITIONAL CREDIT. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS
 SUBDIVISION, NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINTMENT
 IN THE CIVIL SERVICE OF THE STATE OR OF ANY CITY OR CIVIL DIVISION THER-
 EOF FROM AN ELIGIBLE LIST ON WHICH SUCH PERSON  WAS  ALLOWED  THE  ADDI-
 TIONAL CREDIT GRANTED BY THIS SECTION AS A CHILD OR SIBLING, SHALL THER-
 EAFTER  BE  ENTITLED  TO  ANY  ADDITIONAL CREDIT UNDER THIS SECTION AS A
 CHILD OR SIBLING.
   (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE POSI-
 TION OF A CHILD OR SIBLING ON SUCH LIST HAS NOT  BEEN  AFFECTED  BY  THE
 ADDITION  OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT OF SUCH
 CHILD OR SIBLING FROM SUCH ELIGIBLE LIST SHALL NOT  BE  DEEMED  TO  HAVE
 BEEN  MADE  FROM  AN  ELIGIBLE  LIST  ON WHICH SUCH CHILD OR SIBLING WAS
 ALLOWED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION.
   (C) IF, AT THE TIME OF APPOINTMENT FROM AN ELIGIBLE LIST, A  CHILD  OR
 SIBLING  IS IN THE SAME RELATIVE STANDING AMONG THE ELIGIBLE PERSONS WHO
 ARE WILLING TO ACCEPT APPOINTMENT AS IF SUCH CHILD OR  SIBLING  HAD  NOT
 BEEN  GRANTED  THE  ADDITIONAL CREDITS AS PROVIDED BY THIS SECTION, SUCH
 CHILD OR SIBLING'S APPOINTMENT FROM SUCH ELIGIBLE PERSONS SHALL  NOT  BE
 DEEMED  TO  HAVE  BEEN MADE FROM AN ELIGIBLE LIST ON WHICH SUCH CHILD OR
 SIBLING WAS ALLOWED SUCH ADDITIONAL CREDITS.
   (D) WHERE A CHILD OR SIBLING HAS BEEN  ORIGINALLY  APPOINTED  FROM  AN
 ELIGIBLE  LIST  ON  WHICH  CHILD  OR SIBLING WAS ALLOWED SUCH ADDITIONAL
 CREDIT, BUT SUCH APPOINTMENT IS THEREAFTER TERMINATED EITHER AT THE  END
 OF  THE  PROBATIONARY TERM OR BY RESIGNATION AT OR BEFORE THE END OF THE
 PROBATIONARY TERM, SUCH CHILD OR SIBLING SHALL NOT  BE  DEEMED  TO  HAVE
 BEEN  APPOINTED, AS THE CASE MAY BE, FROM AN ELIGIBLE LIST ON WHICH SUCH
 CHILD OR SIBLING IS ALLOWED  ADDITIONAL  CREDIT,  AND  SUCH  APPOINTMENT
 SHALL  NOT  AFFECT  SUCH  CHILD  OR SIBLING'S ELIGIBILITY FOR ADDITIONAL
 CREDIT IN OTHER EXAMINATIONS.
   5. WITHDRAWAL OF APPLICATION; ELECTION TO RELINQUISH ADDITIONAL  CRED-
 IT.    AN APPLICATION FOR ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION
 UNDER THIS SECTION MAY BE WITHDRAWN BY THE APPLICANT AT ANY  TIME  PRIOR
 TO  THE ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. AT ANY TIME DURING
 THE TERM OF EXISTENCE OF AN ELIGIBLE LIST RESULTING FROM  A  COMPETITIVE
 EXAMINATION  IN  WHICH  A  CHILD  OR SIBLING HAS RECEIVED THE ADDITIONAL
 A. 8723                             3

 CREDIT GRANTED BY THIS SECTION, SUCH CHILD OR SIBLING MAY  ELECT,  PRIOR
 TO  PERMANENT  ORIGINAL APPOINTMENT, TO RELINQUISH THE ADDITIONAL CREDIT
 THERETOFORE GRANTED TO CHILD OR SIBLING AND ACCEPT THE LOWER POSITION ON
 SUCH  ELIGIBLE  LIST TO WHICH SUCH CHILD OR SIBLING WOULD OTHERWISE HAVE
 BEEN ENTITLED; PROVIDED, HOWEVER, THAT SUCH ELECTION SHALL THEREAFTER BE
 IRREVOCABLE. SUCH ELECTION SHALL BE IN WRITING AND SIGNED BY  THE  CHILD
 OR SIBLING, AND TRANSMITTED TO THE DEPARTMENT OR THE APPROPRIATE MUNICI-
 PAL CIVIL SERVICE COMMISSION.
   6.  ROSTER.  THE DEPARTMENT AND EACH MUNICIPAL COMMISSION SHALL ESTAB-
 LISH AND MAINTAIN IN ITS OFFICE  A  ROSTER  OF  ALL  SUCH  CHILDREN  AND
 SIBLINGS  APPOINTED  AS  A  RESULT OF ADDITIONAL CREDITS GRANTED BY THIS
 SECTION TO POSITIONS UNDER ITS JURISDICTION. THE APPOINTMENT OF A  CHILD
 OR SIBLING AS A RESULT OF ADDITIONAL CREDITS SHALL BE VOID IF SUCH CHILD
 OR SIBLING, PRIOR TO SUCH APPOINTMENT, HAD BEEN APPOINTED AS A RESULT OF
 ADDITIONAL CREDITS GRANTED BY THIS SECTION.
   § 2. This act shall take effect immediately.