§ 86. Transfer of veterans or exempt volunteer firefighters upon
abolition of positions. If the position in the non-competitive or in the
labor class held by any honorably discharged veteran of the armed forces
of the United States or by any veteran of the armed forces of the United
States released under honorable circumstances from such service
including (i) having a qualifying condition as defined in section one of
the veterans' services law, and receiving a discharge other than bad
conduct or dishonorable from such service, or (ii) being a discharged
LGBT veteran, as defined in section one of the veterans' services law,
and receiving a discharge other than bad conduct or dishonorable from
such service, who served therein in time of war as defined in section
eighty-five of this chapter, or by an exempt volunteer firefighter as
defined in the general municipal law, shall become unnecessary or be
abolished for reasons of economy or otherwise, the honorably discharged
veteran or exempt volunteer firefighter holding such position shall not
be discharged from the public service but shall be transferred to a
similar position wherein a vacancy exists, and shall receive the same
compensation therein. It is hereby made the duty of all persons clothed
with the power of appointment to make such transfer effective. The right
to transfer herein conferred shall continue for a period of one year
following the date of abolition of the position, and may be exercised
only where a vacancy exists in an appropriate position to which transfer
may be made at the time of demand for transfer. Where the positions of
more than one such veteran or exempt volunteer firefighter are abolished
and a lesser number of vacancies in similar positions exist to which
transfer may be made, the veterans or exempt volunteer firefighters
whose positions are abolished shall be entitled to transfer to such
vacancies in the order of their original appointment in the service.
Nothing in this section shall be construed to apply to the position of
private secretary, cashier or deputy of any official or department. This
section shall have no application to persons encompassed by section
eighty-a of this chapter.