S T A T E   O F   N E W   Y O R K
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                                  7402

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Governmental Employees

AN ACT to amend the civil service law, in relation to the definition  of
  the  terms  veteran and non-disabled veteran with regard to additional
  service credits

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

  Section 1. Paragraph (a) and the opening paragraph of paragraph (b) of
subdivision  1  of section 85 of the civil service law, paragraph (a) as
amended by chapter 333 of the laws of 1993 and the opening paragraph  of
paragraph (b) as amended by chapter 661 of the laws of 1983, are amended
to read as follows:
  (a)  The  terms  "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States [who served  therein  in  time  of
war,]  who  was honorably discharged or released under honorable circum-
stances 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  resident 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.
  The  term  "disabled  veteran" means a veteran who is certified by the
United States veterans' administration or a military department as enti-
tled to receive disability  payments  upon  the  certification  of  such
veterans'  administration  or  a  military  department  for a disability
incurred [by him in time of war] WHILE ON ACTIVE DUTY and  in  existence
at  the  time of application for appointment or promotion or at the time
of retention, as the case may be. Such disability shall be deemed to  be
in  existence at the time of application for appointment or promotion or
at the time of retention, as the case may be, if the certificate of such
veterans' administration shall state affirmatively that such veteran has
been examined by a medical officer of such veterans' administration on a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09279-02-1
              

A. 7402                             2

date within one year of  either  the  date  of  filing  application  for
competitive  examination  for  original  appointment or promotion or the
date of the establishment of the resulting eligible list or  within  one
year  of  the time of retention, as the case may be; that at the time of
such examination the war-incurred disability described in  such  certif-
icate  was  found to exist; and that such disability is rated at ten per
centum or more. Such disability shall also be deemed to be in  existence
at  such  time if the certificate of such veterans' administration shall
state affirmatively that a permanent stabilized condition of  disability
exists  to an extent of ten per centum or more, notwithstanding the fact
that such veteran has not been examined by a  medical  officer  of  such
veterans'  administration within one year of either the time of applica-
tion for appointment or promotion or the date of filing application  for
competitive examination for original appointment or promotion, or within
one  year  of the time of retention, as the case may be. The term "disa-
bled veteran" shall also mean:
  S 2. The department of civil service shall ensure the  amendments  set
forth  in  section one of this act are accurately reflected on all rele-
vant civil service websites, forms and applications.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.