S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6493

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced by M. of A. COLTON, RUSSELL, McDONOUGH, MONTESANO, SAYWARD --
  Multi-Sponsored by -- M. of A. THIELE -- read once and referred to the
  Committee on Governmental Employees

AN  ACT  to  amend the civil service law, in relation to allowing reser-
  vists with twenty years service to be eligible for  two  and  one-half
  points on entrance exams and one point on promotional exams

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading, paragraphs (a) and (b) of  subdivision
2, subdivisions 3, 4, 5 and 6 of section 85 of the civil service law, as
added  by  chapter 790 of the laws of 1958 and paragraph (c) of subdivi-
sion 4 as amended by chapter 15 of the laws of 1971, are amended  and  a
new paragraph (b-1) is added to subdivision 1 to read as follows:
  Additional credit allowed veterans AND RESERVISTS in competitive exam-
inations; preference in retention upon abolition of positions.
  (B-1)  THE  TERM  "RESERVIST"  MEANS A MEMBER OF THE RESERVE FORCES OR
RESERVE COMPONENTS OF THE ARMED FORCES OF  THE  UNITED  STATES  WHO  WAS
HONORABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUMSTANCES FROM SUCH
SERVICE,  WHO  IS  A  CITIZEN  OF THE UNITED STATES OR AN ALIEN LAWFULLY
ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES AND WHO IS A RESI-
DENT OF THE STATE OF NEW YORK AT THE TIME OF APPLICATION FOR APPOINTMENT
OR PROMOTION OR AT THE TIME OF RETENTION, AS THE CASE MAY BE.
  (a) On all eligible lists resulting from competitive examinations, the
names of eligibles shall be entered in the  order  of  their  respective
final  earned ratings on examination, with the name of the eligible with
the highest final earned rating at the  head  of  such  list,  provided,
however, that for the purpose of determining final earned ratings,
  (1)  Disabled  veterans  shall be entitled to receive ten points addi-
tional in a competitive examination for original  appointment  and  five
points additional credit in a competitive examination for promotion, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09667-02-1

              

A. 6493                             2

  (2)  Non-disabled  veterans  shall  be entitled to receive five points
additional credit in a competitive examination for original  appointment
and  two and one-half points additional credit in a competitive examina-
tion for promotion.
  (3) RESERVISTS WHO HAVE SERVED FOR AT LEAST TWENTY YEARS AS MEMBERS OF
THE  ARMED  FORCES OF THE UNITED STATES SHALL BE ENTITLED TO RECEIVE TWO
AND ONE-HALF POINTS ADDITIONAL CREDIT IN A COMPETITIVE  EXAMINATION  FOR
ORIGINAL  APPOINTMENT,  AND ONE POINT ADDITIONAL CREDIT IN A COMPETITIVE
EXAMINATION FOR PROMOTION.
  (b) Such additional credit shall be added to the final  earned  rating
of  such  disabled  veteran or non-disabled veteran OR RESERVIST, as the
case may be, after he or she has qualified in the  competitive  examina-
tion  and  shall  be  granted  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  himself  entitled  to
additional  credit  in a competitive examination as provided herein, may
make application for such additional credit at any time between the date
of his 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 his  applica-
tion  for  examination  in which to establish by appropriate documentary
proof his 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  appoint-
ment or promotion, the eligible list resulting from such examination may
be  established,  notwithstanding  the  fact  that a veteran or disabled
veteran OR RESERVIST who has applied for additional credit has failed to
establish his eligibility to receive such additional credit. A candidate
who fails to establish, by appropriate documentary proof, his  eligibil-
ity  to receive additional credit by the time an eligible list is estab-
lished shall not thereafter be granted additional credit on such  eligi-
ble list.
  4.  Use of additional credit. (a) Except as herein otherwise provided,
no person who has received a permanent original appointment or a  perma-
nent promotion in the civil service of the state or of any city or civil
division thereof from an eligible list on which he was allowed the addi-
tional  credit  granted by this section, either as a veteran or disabled
veteran OR RESERVIST, shall thereafter be  entitled  to  any  additional
credit  under  this section either as a veteran or a disabled veteran OR
RESERVIST.
  (b) Where, at the time of establishment of an eligible list, the posi-
tion of a veteran or disabled veteran OR RESERVIST on such list has  not
been affected by the addition of credits granted under this section, the
appointment  or  promotion of such veteran or disabled veteran OR RESER-
VIST, as the case may be, from such eligible list shall not be deemed to
have been made from an eligible list on which he was allowed  the  addi-
tional credit granted by this section.
  (c) If, at the time of appointment from an eligible list, a veteran or
disabled veteran OR RESERVIST is in the same relative standing among the
eligibles  who  are  willing to accept appointment as if he had not been
granted the additional credits provided by this section, his appointment
from among such eligibles shall not be deemed to have been made from  an
eligible list on which he was allowed such additional credits.
  (d)  Where  a  veteran  or  disabled  veteran  OR  RESERVIST  has been
originally appointed or promoted from an eligible list on which  he  was

A. 6493                             3

allowed  additional  credit, but such appointment or promotion is there-
after terminated either at the end of the probationary term or by resig-
nation at or before the end of the probationary term, he  shall  not  be
deemed  to  have been appointed or promoted, as the case may be, from an
eligible list on which  he  was  allowed  additional  credit,  and  such
appointment or promotion shall not affect his 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 veteran or  disabled  veteran  OR  RESERVIST  has
received  the additional credit granted by this section, such veteran or
disabled veteran OR RESERVIST may elect,  prior  to  permanent  original
appointment  or permanent promotion, to relinquish the additional credit
theretofore granted to him and accept the lower position on such  eligi-
ble  list  to  which  he  would  otherwise have been entitled; provided,
however, that  such  election  shall  thereafter  be  irrevocable.  Such
election  shall  be  in  writing  and  signed by the veteran or disabled
veteran OR RESERVIST, and transmitted to the state civil service depart-
ment or the appropriate municipal civil service commission.
  6. Roster. The state  civil  service  department  and  each  municipal
commission  shall  establish  and maintain in its office a roster of all
veterans and disabled veterans AND RESERVISTS appointed or promoted as a
result of additional credits granted by this section to positions  under
its  jurisdiction. The appointment or promotion of a veteran or disabled
veteran OR RESERVIST as a result of additional credits shall be void  if
such veteran or disabled veteran OR RESERVIST, prior to such appointment
or  promotion,  had been appointed or promoted as a result of additional
credits granted by this section.
  S 2. This act shall take effect immediately.