S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3648
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN  ACT to amend the civil service law, in relation to veterans' credits
   for civil service appointments and promotions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 85 of the civil service law, as
 added by chapter 790 of the laws of 1958, paragraph (a)  as  amended  by
 chapter 333 of the laws of 1993, paragraph (b) as amended by chapter 661
 of the laws of 1983, subparagraph 2 of paragraph (b) as amended by chap-
 ter  616  of the laws of 1995, subparagraph 3 of paragraph (b) and para-
 graph (c) as amended by chapter 467 of the laws of 1991 and subparagraph
 4 of paragraph (c) as amended by chapter 179 of the  laws  of  2006,  is
 amended to read as follows:
   1. Definitions.  (a)  The  terms  "veteran" and "non-disabled veteran"
 mean a member of the armed forces of the United States [who served ther-
 ein in time of war,] 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 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.
   (b)  The  term  "disabled veteran" means a veteran who is certified by
 the United States veterans' administration or a military  department  as
 entitled  to  receive disability payments upon the certification of such
 veterans' administration or  a  military  department  for  a  disability
 incurred by him OR HER in [time of war] THE COURSE OF HIS OR HER SERVICE
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07701-01-9

 S. 3648                             2
 
 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 veter-
 ans'  administration  on  a  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 certificate was found to exist; and that such disabil-
 ity 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 veter-
 ans'  administration  shall  state affirmatively that a permanent stabi-
 lized 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 application for appointment or promotion or the  date
 of  filing application for competitive examination for original appoint-
 ment or promotion, or within one year of the time of retention,  as  the
 case may be. [The term "disabled veteran" shall also mean:
   (1) A veteran who served in world war I, who continued to serve in the
 armed  forces  of  the United States after the eleventh day of November,
 nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
 provided,  by  the  United  States veterans' administration as receiving
 disability payments upon the certification of  such  veterans'  adminis-
 tration  for  a  disability incurred by him in such service on or before
 the second day of July, nineteen hundred twenty-one.
   (2) A veteran who served in world war II, who continued  to  serve  in
 the armed forces of the United States after the second day of September,
 nineteen  hundred  forty-five,  or  who was employed by the War Shipping
 Administration or Office of Defense Transportation or their agents as  a
 merchant  seaman  documented by the United States Coast Guard or Depart-
 ment of Commerce, or as a civil servant employed by  the  United  States
 Army  Transport  Service  (later  redesignated as the United States Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense, or who served as a United States civilian employed by the Amer-
 ican Field Service and served overseas under United  States  Armies  and
 United  States  Army  Groups  in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen hundred forty-five, and who was discharged or released
 therefrom under honorable conditions, or who served as a  United  States
 civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
 can World Airways or one of  its  subsidiaries  or  its  affiliates  and
 served  overseas  as a result of Pan American's contract with Air Trans-
 port Command or Naval Air Transport Service during the period  of  armed
 conflict, December fourteenth, nineteen hundred forty-one through August
 fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or

 S. 3648                             3

 released therefrom under honorable conditions, and who is certified,  as
 hereinbefore  provided, by the United States veterans' administration as
 receiving disability payments upon the certification of  such  veterans'
 administration  for  a  disability incurred by him in such service on or
 before the date that world war II is declared terminated.
   (3) A veteran who served during hostilities  participated  in  by  the
 military  forces of the United States subsequent to June twenty-seventh,
 nineteen hundred fifty, and who continued to serve in the  armed  forces
 of  the  United  States  after the thirty-first day of January, nineteen
 hundred fifty-five, and who is certified, as hereinbefore  provided,  by
 the  United  States  veterans'  administration  as  receiving disability
 payments upon the certification of such veterans' administration  for  a
 disability incurred by him in such service.
   (c)  The  term  "time  of  war"  shall  include the following wars and
 hostilities for the periods and  based  upon  the  evidence  herein  set
 forth:
   (1)  World war I, from the sixth day of April, nineteen hundred seven-
 teen, to and including the eleventh day of  November,  nineteen  hundred
 eighteen.
   (2)  World  war II, from the seventh day of December, nineteen hundred
 forty-one, to and including the thirty-first day of  December,  nineteen
 hundred forty-six.
   (3)  Hostilities  participated in by the military forces of the United
 States, from the twenty-seventh day of June, nineteen hundred fifty,  to
 and  including  the thirty-first day of January, nineteen hundred fifty-
 five.
   (4) Hostilities participated in by the military forces of  the  United
 States,  from the twenty-eighth day of February, nineteen hundred sixty-
 one to the seventh day of May, nineteen hundred seventy-five.
   (5) Hostilities participated in by the military forces of  the  United
 States  in Lebanon, from the first day of June, nineteen hundred eighty-
 three to the first day of December, nineteen  hundred  eighty-seven,  as
 established by receipt of the armed forces expeditionary medal, the navy
 expeditionary medal, or the marine corps expeditionary medal.
   (6)  Hostilities  participated in by the military forces of the United
 States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
 hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
 hundred eighty-three, as established by  receipt  of  the  armed  forces
 expeditionary  medal,  the navy expeditionary medal, or the marine corps
 expeditionary medal.
   (7) Hostilities participated in by the military forces of  the  United
 States  in  Panama, from the twentieth day of December, nineteen hundred
 eighty-nine to the thirty-first day of January, nineteen hundred ninety,
 as established by receipt of the armed forces expeditionary  medal,  the
 navy expeditionary medal, or the marine corps expeditionary medal.
   (8)  Hostilities  participated in by the military forces of the United
 States in the Persian Gulf, from the  second  day  of  August,  nineteen
 hundred ninety to the end of such hostilities.
   (d)]  (C)  The  term  "time of application for original appointment or
 promotion" shall mean the date of the establishment of an eligible  list
 resulting  from  a  competitive  examination for original appointment or
 promotion, as the case may be, which date shall be the date on which the
 term of such eligible list commences.
   [(e)] (D) The term "time of retention" shall mean the time  of  aboli-
 tion or elimination of positions.

 S. 3648                             4
 
   §  2.  This  act shall take effect immediately, provided however, such
 additional point  shall  only  apply  to  competitive  examinations  for
 original  appointment and for promotion created after the effective date
 of this act.