S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2759
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. GANDOLFO, SMULLEN, MANKTELOW, JENSEN, BYRNES,
   J. A. GIGLIO, DeSTEFANO, DURSO, ANGELINO, BRABENEC --  read  once  and
   referred to the Committee on Governmental Employees
 
 AN  ACT  to  amend the civil service law, in relation to allowing reser-
   vists who have served or who are currently serving to be eligible  for
   two and one-half points on civil service examinations
 
   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  IS
 CURRENTLY  IN  SERVICE OR 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01292-01-3
 A. 2759                             2
              

 
 points  additional  credit  in  a competitive examination for promotion,
 [and]
   (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[.], AND
   (3) RESERVISTS WHO HAVE SERVED OR WHO ARE CURRENTLY SERVING AS MEMBERS
 OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES SHALL BE
 ENTITLED TO RECEIVE TWO AND  ONE-HALF  POINTS  ADDITIONAL  CREDIT  IN  A
 COMPETITIVE EXAMINATION.
   (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.
 A. 2759                             3
 
   (d) Where  a  veteran  or  disabled  veteran  OR  RESERVIST  has  been
 originally  appointed  or promoted from an eligible list on which he was
 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.
   § 2. This act shall take effect immediately.