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This entry was published on 2014-09-22
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SECTION 2510
Abolition of office or position
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 51
§ 2510. Abolition of office or position. 1. If the board of education
abolishes an office or position and creates another office or position
for the performance of duties similar to those performed in the office
or position abolished, the person filling such office or position at the
time of its abolishment shall be appointed to the office or position
thus created without reduction in salary or increment, provided the
record of such person has been one of faithful, competent service in the
office or position he has filled.

2. Whenever a board of education abolishes a position under this
chapter, the services of the teacher having the least seniority in the
system within the tenure of the position abolished shall be
discontinued.

3. (a) If an office or position is abolished or if it is consolidated
with another position without creating a new position, the person
filling such position at the time of its abolishment or consolidation
shall be placed upon a preferred eligible list of candidates for
appointment to a vacancy that then exists or that may thereafter occur
in an office or position similar to the one which such person filled
without reduction in salary or increment, provided the record of such
person has been one of faithful, competent service in the office or
position he has filled. The persons on such preferred list shall be
reinstated or appointed to such vacancies in such corresponding or
similar positions in the order of their length of service in the system
at any time within seven years from the date of abolition or
consolidation of such office or position. Notwithstanding any other
provision of law to the contrary, in the event that a member of the New
York state teachers' retirement system, who is receiving a disability
retirement allowance, shall have such disability retirement allowance
rescinded, such member shall be placed upon such preferred eligible list
as of the effective date of his or her disability retirement.

(b) The persons on such preferred list shall be reinstated, in
accordance with the terms of paragraph (a) of this subdivision, to such
substitute positions of five months or more in duration, as may from
time to time occur without losing their preferred status on such list.
Declination of such reinstatement shall not adversely affect the
persons' preferred eligibility status.