Legislation

§ 85-d. Additional credits allowed the children and siblings of New
York city sanitation members 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 as the natural and proximate
result of the World Trade Center attack on September eleventh, two
thousand one or as the natural and proximate result of participation in
the rescue effort that was conducted in response to such attack.

(b) As used in this section "New York city sanitation member" shall
mean a sanitation member as defined in subdivision sixty-four of section
13-101 of the administrative code of the city of New York.

2. Additional credit authorized. Additional credits shall be allowed
to children and siblings of New York city sanitation members killed in
the line of duty in competitive 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
respective 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 New York city sanitation
members killed in the line of duty shall be entitled to receive an
additional ten points in a competitive examination for original
appointment in the same municipality in which such child or sibling's
parent or sibling has served.

(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
sibling has qualified in the competitive examination and shall be
granted only at the time of establishment of the resulting eligible
list.

3. Application for additional credit; proof of eligibility;
establishment of eligible list. Any candidate, believing that such
candidate is entitled 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 their 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
applications for a competitive examination for original appointment, the
eligible list resulting from such examination may be established,
notwithstanding 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
thereof from an eligible list on which such person was allowed the
additional credit granted by this section as a child or sibling, shall
thereafter 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
position 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 such 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
credit. 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 credit granted by this section, such child or sibling may
elect, prior to permanent original appointment, to relinquish the
additional credit theretofore granted to such 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 municipal civil service commission.

6. Roster. The department and each municipal commission shall
establish 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.