S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5456
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN  ACT  to  amend  the  civil  service law, in relation to the award of
   competitive civil service status for the spouse or children  of  mili-
   tary service persons killed in the line of duty

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 85-d to read as follows:
   §  85-D.  AWARD  OF COMPETITIVE CIVIL SERVICE STATUS FOR THE SPOUSE OR
 CHILDREN OF MILITARY SERVICE PERSONS KILLED IN  THE  LINE  OF  DUTY.  1.
 DEFINITION.  AS USED IN THIS SECTION, "KILLED IN THE LINE OF DUTY" SHALL
 MEAN A MEMBER OF THE ARMED FORCES OF THE UNITED STATES  HAVING  DIED  IN
 THE PERFORMANCE OF DUTY IN TIME OF WAR.
   2.  AWARD  AUTHORIZED.  AN  AWARD  OF COMPETITIVE CIVIL SERVICE STATUS
 SHALL BE ALLOWED FOR THE SPOUSE OR CHILDREN OF MILITARY  PERSONS  KILLED
 IN THE LINE OF DUTY.
   3. APPLICATION FOR AWARD; PROOF OF ELIGIBILITY. ANY CANDIDATE, BELIEV-
 ING  HIMSELF  OR  HERSELF  ENTITLED  TO  THE  AWARD OF COMPETITIVE CIVIL
 SERVICE STATUS AS PROVIDED IN THIS SECTION,  MAY  MAKE  APPLICATION  FOR
 SUCH  STATUS  AT ANY TIME BETWEEN THE DATE OF HIS OR HER APPLICATION FOR
 SUCH STATUS 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 OR HER  APPLICATION  FOR  SUCH
 STATUS IN WHICH TO ESTABLISH BY APPROPRIATE DOCUMENTARY PROOF HIS OR HER
 ELIGIBILITY TO RECEIVE SUCH STATUS UNDER THIS SECTION. AT ANY TIME AFTER
 TWO MONTHS HAVE ELAPSED SINCE THE FINAL DATE FOR FILING APPLICATIONS FOR
 SUCH  STATUS  FOR ORIGINAL APPOINTMENT, THE ELIGIBLE LIST RESULTING FROM
 SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING  THE  FACT  THAT  A
 SPOUSE  OR CHILD WHO HAS APPLIED FOR SUCH STATUS HAS FAILED TO ESTABLISH
 HIS OR HER ELIGIBILITY TO RECEIVE SUCH STATUS. A CANDIDATE WHO FAILS  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08893-01-3
              

 A. 5456                             2
 
 ESTABLISH,  BY  APPROPRIATE DOCUMENTARY PROOF, HIS OR HER ELIGIBILITY TO
 RECEIVE SUCH STATUS BY THE TIME AN ELIGIBLE LIST  IS  ESTABLISHED  SHALL
 NOT THEREAFTER BE GRANTED SUCH STATUS ON SUCH ELIGIBLE LIST.
   4.  USE  OF  ADDITIONAL CREDIT. NO PERSON WHO HAS RECEIVED A PERMANENT
 ORIGINAL APPOINTMENT IN THE CIVIL SERVICE OF THE STATE OR OF ANY CITY OR
 CIVIL DIVISION THEREOF FROM AN ELIGIBLE LIST ON  WHICH  HE  OR  SHE  WAS
 ALLOWED  THE  STATUS GRANTED BY THIS SECTION AS A SPOUSE OR CHILD, SHALL
 THEREAFTER BE ENTITLED TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS  A
 SPOUSE OR CHILD.
   § 2. This act shall take effect immediately.