S. 5487 2
reduction of positions occurs, subject to the provisions of subdivision
seven of section eighty-five of this chapter; provided, however, that
the date of original appointment of any such incumbent who was trans-
ferred to such governmental jurisdiction from another governmental
jurisdiction upon the transfer of functions shall be the date of
original appointment on a permanent basis in the classified service in
the service of the governmental jurisdiction from which such transfer
was made. Notwithstanding the provisions of this subdivision, however,
upon the abolition or reduction of positions in the competitive, NONCOM-
PETITIVE OR LABOR class, incumbents holding the same or similar posi-
tions IN THE SAME JURISDICTIONAL CLASS who have not completed their
probationary service shall be suspended or demoted, as the case may be,
before any permanent incumbents, and among such probationary employees
the order of suspension or demotion shall be determined as if such
employees were permanent incumbents.
1-a. Notwithstanding the provisions of subdivision one of this
section, the members of a police or paid fire department in the city of
Buffalo shall be subject to the following procedure. Where, because of
economy, consolidation or abolition of functions, curtailment of activ-
ities or otherwise, positions in the competitive, NONCOMPETITIVE OR
LABOR class are abolished or reduced in rank or salary grade, suspension
or demotion, as the case may be, among incumbents holding the same or
similar positions IN THE SAME JURISDICTIONAL CLASS shall be made in the
inverse order of original appointment on a permanent basis in the grade
or title in the service of the governmental jurisdiction in which such
abolition or reduction of positions occurs, subject to the provisions of
subdivision seven of section eighty-five of this chapter. Notwithstand-
ing the provisions of this subdivision, however, upon the abolition or
reduction of positions in the competitive, NONCOMPETITIVE OR LABOR
class, incumbents holding the same or similar positions IN THE SAME
JURISDICTIONAL who have not completed their probationary service shall
be suspended or demoted, as the case may be, before any permanent incum-
bents, and among such probationary employees the order of suspension or
demotion shall be determined as if such employees were permanent incum-
bents.
1-b. Notwithstanding the provisions of subdivision one of this
section, employees of secure detention facilities in the city of New
York and of the alternatives to secure detention facilities program in
such city who are performing functions which were assumed by the depart-
ment of social services of the city of New York on the tenth day of
November, nineteen hundred seventy-one and who, upon such assumption
were transferred to said department, shall be subject to the following
procedure. Where, because of economy, consolidation or abolition of
function, curtailment of activities or otherwise, positions in the
competitive, NONCOMPETITIVE OR LABOR class are abolished, or reduced in
rank or salary grade, suspension or demotion, as the case may be, among
incumbents holding the same or similar positions IN THE SAME JURISDIC-
TIONAL CLASS shall be made in the inverse order of original appointment
on a permanent basis in the classified service in the service of the
governmental jurisdiction in which such abolition or reduction of posi-
tions occurs, subject to the provisions of subdivision seven of section
eighty-five of this chapter; provided, however, that if any person so
employed and so transferred was employed on a permanent basis in such a
facility or such program prior to the thirtieth day of December, nine-
teen hundred sixty-seven, for purposes of this subdivision regarding
priority of retention and for no other purpose, the date of original
S. 5487 3
appointment of any such person shall be deemed to be the date such
permanent employment commenced prior to the said thirtieth day of Decem-
ber, nineteen hundred sixty-seven.
1-c. Notwithstanding the provisions of subdivision one of this
section, sworn employees of the Monroe county sheriff's department shall
be subject to the following procedure. Where, because of economy,
consolidation or abolition of function, curtailment of activities or
otherwise, positions in the competitive, NONCOMPETITIVE OR LABOR class
are abolished, or reduced in rank or salary grade, suspension or
demotion, as the case may be, among incumbents holding the same or simi-
lar positions IN THE SAME JURISDICTIONAL CLASS shall be made in the
inverse order of original appointment on a permanent basis in the grade
or title in the service of the governmental jurisdiction in which such
abolition or reduction of positions occurs, subject to the provisions of
subdivision seven of section eighty-five of this chapter; provided,
however, that if any person so employed was employed in such person's
current title prior to the first day of April, nineteen hundred ninety-
three, for purposes of this subdivision regarding priority of retention
and for no other purpose, the date of original appointment of any such
person shall be deemed to be the date such employment commenced prior to
the said first day of April, nineteen hundred ninety-three.
1-d. Notwithstanding the provisions of subdivision one of this
section, the sworn members of the police force of the county of Nassau
shall be subject to the following procedure. Where, because of economy,
consolidation or abolition of functions, curtailment of activities or
otherwise, positions in the competitive, NONCOMPETITIVE OR LABOR class
are abolished or reduced in rank or salary grade, suspension or
demotion, as the case may be, among incumbents holding the same or simi-
lar positions IN THE SAME JURISDICTIONAL CLASS shall be made in the
inverse order of original appointment on a permanent basis in the grade
or title in the service of the governmental jurisdiction in which such
abolition or reduction of positions occurs, subject to the provisions of
subdivision seven of section eighty-five of this chapter. Notwithstand-
ing the provisions of this subdivision, however, upon the abolition or
reduction of positions, those employees who have not completed their
probationary service shall be suspended or demoted, as the case may be,
before any permanent incumbents, and among such probationary employees
the order of suspension or demotion shall be determined as if such
employees were permanent incumbents.
2. Continuous service. Except as otherwise provided herein, for the
purposes of this section the original appointment of an incumbent shall
mean the date of [his] THEIR first appointment on a permanent basis in
the classified service followed by continuous service in the classified
service on a permanent basis up to the time of the abolition or
reduction of the competitive, NONCOMPETITIVE OR LABOR class positions.
An employee who has resigned and who has been reinstated or reappointed
in the service within one year thereafter shall, for the purposes of
this section, be deemed to have continuous service. An employee who has
been terminated because of a disability resulting from occupational
injury or disease as defined in the [workmen's] WORKERS' compensation
law and who has been reinstated or reappointed in the service thereafter
shall be deemed to have continuous service. A period of employment on a
temporary or provisional basis, or in the unclassified service, imme-
diately preceded and followed by permanent service in the classified
service, shall not constitute an interruption of continuous service for
the purposes of this section; nor shall a period of leave of absence
S. 5487 4
without pay pursuant to law or the rules of the civil service commission
having jurisdiction, or any period during which an employee is suspended
from [his] THEIR position pursuant to this section, constitute an inter-
ruption of continuous service for the purposes of this section.
4. Units for suspension or demotion in civil divisions. Upon the abol-
ition or reduction of positions in the service of a civil division,
suspension or demotion shall be made from among employees holding the
same or similar positions IN THE SAME JURISDICTIONAL CLASS in the entire
department or agency within which such abolition or reduction of posi-
tions occurs. In a city having a population of one million or more, the
municipal civil service commission may, by rule, designate as separate
units for suspension and demotion under the provisions of this section
any hospital or institution or any division of any department or agency
under its jurisdiction. Upon the abolition or reduction of positions in
such service, suspension or demotion, as the case may be, shall be made
from among employees holding the same or similar positions IN THE SAME
JURISDICTIONAL CLASS in the department wherein such abolition or
reduction occurs, except that where such abolition or reduction occurs
in such hospital or institution or division of a department designated
as a separate unit for suspension or demotion, suspension or demotion
shall be made from among incumbents holding the same or similar posi-
tions IN THE SAME JURISDICTIONAL CLASS in such separate unit.
5. Units for suspension or demotion in the state service. The presi-
dent may, by regulation, designate as separate units for suspension or
demotion under the provisions of this section any state hospital, insti-
tution or facility or any division of any state department or agency or
specified hospitals, institutions and facilities of a single state
department or agency within a particular geographic area as determined
by the president. Upon the abolition or reduction of positions IN THE
SAME JURISDICTIONAL CLASS in the state service, suspension or demotion,
as the case may be, shall be made from among employees holding the same
or similar positions in the department wherein such abolition or
reduction occurs, except that where such abolition or reduction occurs
in a separate unit for suspension or demotion designated by regulation
of the president, suspension or demotion shall be made from among incum-
bents holding the same or similar positions in such separate unit.
6. Displacement in civil divisions. A permanent incumbent of a posi-
tion in a civil division in a specific title to which there is a direct
line of promotion who is suspended or displaced pursuant to this
section, together with all other such incumbents suspended or displaced
at the same time, shall displace, in the inverse order of the order of
suspension or demotion prescribed in subdivisions one and two of this
section, incumbents serving in positions in the same [lay-off] LAYOFF
unit in the next lower occupied title in direct line of promotion who
shall be displaced in the order of suspension or demotion prescribed in
subdivisions one and two of this section; provided, however, that no
incumbent shall displace any other incumbent having greater retention
standing IN THE SAME JURISDICTIONAL CLASS. If a permanent incumbent of
a position in a civil division is suspended or displaced from a position
in a title for which there are no lower level occupied positions in
direct line of promotion, [he] THEY shall displace the incumbent with
the least retention right pursuant to subdivisions one and two of this
section who is serving in a position in the title in which the displac-
ing incumbent last served on a permanent basis prior to service in one
or more positions in the title from which [he is] THEY ARE suspended or
displaced, if: (1) the service of the displacing incumbent while in such
S. 5487 5
former title was satisfactory and (2) the position of the junior incum-
bent is in (a) the competitive, NONCOMPETITIVE OR LABOR class, (b) the
layoff unit from which the displacing incumbent was suspended or
displaced, and (c) a lower salary grade than the position from which the
displacing incumbent is suspended or displaced; provided, however, that
no incumbent shall displace any other incumbent having greater retention
standing IN THE SAME JURISDICTIONAL CLASS. Refusal of appointment to a
position afforded by this subdivision constitutes waiver of rights under
this subdivision with respect to the suspension or displacement on
account of which the refused appointment is afforded. The municipal
civil service commission shall promulgate rules to implement this subdi-
vision including rules which may provide adjunctive opportunities for
displacement either to positions in direct line of promotion or to
formerly held positions; provided, however, that no such rule shall
permit an incumbent to displace any other incumbent having greater
retention standing IN THE SAME JURISDICTIONAL CLASS. For the purpose of
acquiring preferred list rights, displacement pursuant to this subdivi-
sion is the equivalent of suspension or demotion pursuant to subdivision
one of this section.
7. Displacement in the state service. A permanent incumbent of a posi-
tion in the state service in a specific title to which there is a direct
line of promotion who is suspended or displaced pursuant to this
section, together with all other such incumbents suspended or displaced
at the same time, shall displace, in the inverse order of the order of
suspension or demotion prescribed in subdivisions one and two of this
section, incumbents serving in positions in the same layoff unit in the
next lower occupied title in direct line of promotion who shall be
displaced in the order of suspension or demotion prescribed in subdivi-
sions one and two of this section; provided, however, that no incumbent
shall displace any other incumbent having greater retention standing IN
THE SAME JURISDICTIONAL CLASS. If a permanent incumbent of a position
in the state service is suspended or displaced from a position in a
title for which there are no lower level occupied positions in direct
line of promotion, [he] THEY shall displace the incumbent with the least
retention right pursuant to subdivisions one and two of this section who
is serving in a position in the title in which the displacing incumbent
last served on a permanent basis prior to service in one or more posi-
tions in the title from which [he is] THEY ARE suspended or displaced,
if: (1) the service of the displacing incumbent while in such former
title was satisfactory and (2) the position of the junior incumbent is
in (a) the competitive, NONCOMPETITIVE OR LABOR class, (b) the layoff
unit from which the displacing incumbent was suspended or displaced, and
(c) a lower salary grade than the position from which the displacing
incumbent is suspended or displaced; provided, however, that no incum-
bent shall displace any other incumbent having greater retention stand-
ing IN THE SAME JURISDICTIONAL CLASS. Refusal of appointment to a posi-
tion afforded by this subdivision constitutes waiver of rights under
this subdivision with respect to the suspension or displacement on
account of which the refused appointment is afforded. The state civil
service commission shall promulgate rules to implement this subdivision
including rules which may provide adjunctive opportunities for displace-
ment either to positions in direct line of promotion or to formerly held
positions; provided, however, that no such rule shall permit an incum-
bent to displace any other incumbent having greater retention standing
IN THE SAME JURISDICTIONAL CLASS. For the purpose of acquiring
preferred list rights, displacement pursuant to this subdivision is the
S. 5487 6
equivalent of suspension or demotion pursuant to subdivision one of this
section.
(1) Pursuant to such method of payment, such member shall pay, as
additional member contributions payable besides the ordinary member
contributions due for [his] THEIR current service:
(A) the ordinary member contributions which would have been done for
such period of suspension if [he or she] THEY had actually been in
service during such period; and
(B) (if such member has elected the twenty-year retirement program
provided for by section six hundred four-a of the retirement and social
security law), the additional member contributions which [he] THEY would
have been required to make under the provisions of that section for the
period from the starting date of such program to the date next preceding
the date on which such member became a participant in such retirement
program, if [he] THEY had become such a participant on such starting
date; and
(C) additional member contributions of two per centum of [his or her]
THEIR compensation for the period beginning with the first full payroll
period which includes the date of enactment of this subdivision and
ending on the earlier of his or her date of retirement or [his or her]
THEIR completion of thirty years of service.
9. Certain suspensions or demotions in the city of Niagara Falls.
Notwithstanding the provisions of subdivision one of this section, the
members of a paid fire department in the city of Niagara Falls shall be
subject to the following procedure. Where, because of economy, consol-
idation or abolition of functions, curtailment of activities or other-
wise, positions in the competitive class are, NONCOMPETITIVE OR LABOR
abolished or reduced in rank or salary grade, suspension or demotion, as
the case may be, among incumbents holding the same or similar positions
IN THE SAME JURISDICTIONAL CLASS shall be made in the inverse order of
original appointment on a permanent basis in the grade or title in the
service of the governmental jurisdiction in which such abolition or
reduction of positions occurs, subject to the provisions of subdivision
seven of section eighty-five of this chapter. Notwithstanding the
provisions of this subdivision, however, upon the abolition or reduction
of positions in the competitive, NONCOMPETITIVE OR LABOR class, incum-
bents holding the same or similar positions IN THE SAME JURISDICTIONAL
CLASS who have not completed their probationary service shall be
suspended or demoted, as the case may be, before any permanent incum-
bents, and among such probationary employees the order of suspension or
demotion shall be determined as if such employees were permanent incum-
bents.
§ 2. Section 80-a of the civil service law is REPEALED.
§ 3. Subdivision 1 of section 81 of the civil service law, as amended
by chapter 152 of the laws of 2011, is amended to read as follows:
1. Establishment of preferred lists; general provisions. The head of
any department, office or institution in which an employee is suspended
or demoted in accordance with the provisions of [sections] SECTION
eighty [and eighty-a] of this title shall, upon such suspension or
demotion, furnish the state civil service department or appropriate
municipal commission, as the case may be, a statement showing his name,
title or position, date of appointment, and the date of and reason for
suspension or demotion. It shall be the duty of such civil service
department or commission, as the case may be, forthwith to place the
name of such employee upon a preferred list, together with others who
may have been suspended or demoted from the same or similar positions in
S. 5487 7
the same jurisdictional class, and to certify such list, as hereinafter
provided, for filling vacancies in the same jurisdictional class; first,
in the same or similar position; second, in any position in a lower
grade in line of promotion; and third, in any comparable position. Such
preferred list shall be certified for filling a vacancy in any such
position before certification is made from any other list, including a
promotion eligible list, notwithstanding the fact that none of the
persons on such preferred list was suspended from or demoted in the
department or suspension and demotion unit in which such vacancy exists.
No other name shall be certified from any other list for any such posi-
tion until such preferred list is exhausted. The eligibility for rein-
statement of a person whose name appears on any such preferred list
shall not continue for a period longer than four years from the date of
separation or demotion. An employee whose name was placed on the
preferred list and at the time of such placement was on active duty with
the armed forces of the United States, as pursuant to title ten, four-
teen or thirty-two of the United States code, shall not be eligible for
employment reinstatement for a period longer than four years after the
date of termination of military duty.
§ 4. Subdivisions 1 and 5 of section 81-a of the civil service law,
subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi-
sion 5 as added by chapter 239 of the laws of 1992, are amended to read
as follows:
1. Establishment of reemployment rosters in the state service; general
provisions. The head of any department, office or institution from which
an employee in the state service is to be suspended or demoted in
accordance with the provisions of section eighty [or eighty-a] of this
article, shall, at least twenty days prior to such suspension or
demotion, furnish the state civil service department with a statement
showing such employee's name, title or position, date of appointment,
and the date of and reason for suspension or demotion. Upon such employ-
ee's suspension or demotion, it shall be the duty of the department to
place the name of such employee upon a reemployment roster for filling
vacancies in any comparable position as determined by the department,
except that employees suspended or demoted from positions in the non-
competitive and labor classes may not be certified to fill vacancies in
the competitive class. Such reemployment roster shall be certified for
filling a vacancy in any such position before certification is made from
any other list, including a promotion eligible list, but not prior to a
preferred list. Eligibility for reinstatement of a person whose name
appears on any such reemployment roster shall not continue for a period
longer than four years from the date of suspension or demotion provided,
however, in no event shall eligibility for reinstatement from a reem-
ployment roster continue once the person is no longer eligible for rein-
statement from a preferred list.
5. Notwithstanding any other provision of this chapter, the department
may disqualify for reinstatement and remove from a reemployment roster
the name of any otherwise eligible person who, by reason of physical or
mental incapacity, is found to be unable to satisfactorily perform the
duties of the position for which such roster has been established, or
who has engaged in such misconduct as would warrant [his or her] THEIR
dismissal from public employment, except that a person who is not
completely physically incapacitated and who is suspended or demoted
pursuant to section eighty [or eighty-a] of this article because [his or
her] THEIR position has been abolished or reduced, but who is certified
for reinstatement to any position having the same physical requirements
S. 5487 8
as the position from which such person was suspended or demoted, shall
not be disqualified because of [his or her] THEIR incapacity, unless
upon medical examination [his or her] THEIR incapacity has worsened to a
degree that [he or she] THEY would not be able to satisfactorily perform
in such position. No person shall be disqualified pursuant to this
subdivision unless [he or she is] THEY ARE first given a written state-
ment of the reasons therefor and an opportunity to be heard at a hearing
at which satisfactory proof of such reasons must be established by
appropriate evidence, and at which such person may present independent
evidence and be entitled to representation by counsel. The department
shall designate a person to hold such hearing and report thereon.
§ 5. Subdivision 1 of section 81-b of the civil service law, as
amended by chapter 140 of the laws of 1993, is amended to read as
follows:
1. Establishment of placement rosters in the state service; general
provisions. The head of any department, office or institution from
which an employee in the state service is to be suspended or demoted in
accordance with the provisions of section eighty [or eighty-a] of this
article, shall, no later than the date on which [he or she furnishes]
THEY FURNISH the state civil service department with the employee infor-
mation required pursuant to section eighty-one-a of this article for
purposes of establishing reemployment rosters, furnish the state civil
service department with a statement showing such employee's name, title
or position, date of appointment, and the anticipated date of and reason
for suspension or demotion. Upon receiving such information, it shall be
the duty of the department forthwith to place the name of such employee
upon a placement roster for filling vacancies in the same title or in
any comparable position as determined by the department, except that
employees suspended or demoted from positions in the [non-competitive]
NONCOMPETITIVE and labor classes may not be certified to fill vacancies
in the competitive class. Such placement roster shall be certified for
filling a vacancy in any such position before certification is made from
any other list, including a promotion eligible list, but not prior to a
preferred list or a reemployment roster. Eligibility for appointment of
an employee whose name appears on any such placement roster shall termi-
nate at such time as the employee is suspended or demoted in accordance
with the provisions of section eighty [or eighty-a] of this article.
Upon such employee's suspension or demotion, the department shall place
the name of such employee upon a preferred list, and a reemployment
roster as appropriate, in accordance with the provisions of sections
eighty-one and eighty-one-a of this article.
§ 6. Subdivision 7 of section 85 of the civil service law, as amended
by chapter 532 of the laws of 1976, is amended to read as follows:
7. Preference in retention upon the abolition of positions. In the
event of the abolition or elimination of any position in the civil
service [for which eligible lists are established or any position the
incumbent of which is encompassed by section eighty-a of this chapter],
any suspension, demotion or displacement shall be made in the inverse
order of the date of original appointment in the service subject to the
following conditions: (1) blind employees shall be granted absolute
preference in retention; (2) the date of such original appointment for
disabled veterans shall be deemed to be sixty months earlier than the
actual date, determined in accordance with section thirty of the general
construction law; (3) the date of such original appointment for non-dis-
abled veterans shall be deemed to be thirty months earlier than the
actual date, determined in accordance with section thirty of the general
S. 5487 9
construction law; (4) no permanent competitive class employee subject to
the jurisdiction of the civil service commission of the city of New York
who receives an injury in the line of duty, as defined in this para-
graph, which requires immediate hospitalization, and which is not
compensable through [workmen's] WORKERS' compensation may be suspended,
demoted or displaced pursuant to section eighty of this chapter within
three months of the date of [his] THEIR confinement, provided that
medical authorities approved by such commission shall certify that the
employee is not able to perform the duties of [his] THEIR position;
provided further, that such three-month period may be extended by such
commission for additional periods not to exceed one year each upon the
certification of medical authorities selected by such commission that
the employee is, as a result of [his] THEIR injury, still not able to
perform the duties of [his] THEIR position. An injury in the line of
duty, as used herein, shall be construed to mean an injury which is
incurred as a direct result of the lawful performance of the duties of
the position. In determining whether an injury was received in the line
of duty, such commission shall require the head of the agency by which
the employee is employed to certify that the injury was received as a
direct result of the lawful performance of the employee's duties; and
(5) the spouse of a veteran with one hundred percent service connected
disability shall be deemed to be sixty months earlier than the actual
date, determined in accordance with section thirty of the general
construction law, provided, the spouse is domiciled with the veteran-
spouse and is the head of the household. This section shall not be
construed as conferring any additional benefit upon such employee other
than a preference in retention. Such employee shall be subject to trans-
fer upon the abolition of [his] THEIR function within [his] THEIR agency
or department.
§ 7. Paragraph (a) of subdivision 3 of section 131 of the civil
service law, as amended by chapter 733 of the laws of 1979, is amended
to read as follows:
(a) If such an employee is demoted, or displaced to a position in a
lower grade pursuant to [sections] SECTION eighty [or eighty-a] of this
chapter, or is appointed, transferred or reinstated to a position in a
lower grade, [he] THEY shall, upon such demotion, displacement, appoint-
ment, transfer, or reinstatement, receive the rate of compensation which
corresponds with the number of annual increments and the percentage
value of performance advances actually received in the salary grades
from which and to which [he is] THEY ARE demoted, displaced, appointed,
transferred or reinstated, as the case may be.
§ 8. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
13 of section 3556 of the public authorities law, as added by chapter 5
of the laws of 1997, are amended to read as follows:
(e) Notwithstanding any other provision of this title, the corporation
may disqualify for reinstatement and remove from a reemployment roster
the name of any otherwise eligible person who, by reason of physical or
mental incapacity, is found to be unable to satisfactorily perform the
duties of the position for which such roster has been established, or
who has engaged in such misconduct as would warrant [his or her] THEIR
dismissal from public employment, except that a person who is not
completely physically incapacitated and who is suspended or demoted
pursuant to section eighty [or eighty-a] of the civil service law
because [his or her] THEIR position has been abolished or reduced, but
who is certified for reinstatement to any position having the same phys-
ical requirements as the position from which such person was suspended
S. 5487 10
or demoted, shall not be disqualified because of [his or her] THEIR
incapacity, unless upon medical examination [his or her] THEIR incapaci-
ty has worsened to a degree that [he or she] THEY would not be able to
satisfactorily perform in such position. No person shall be disqualified
pursuant to this subdivision unless [he or she is] THEY ARE first given
a written statement of the reasons therefor and an opportunity to be
heard at a hearing at which satisfactory proof of such reasons must be
established by appropriate evidence, and at which such person may pres-
ent independent evidence and be entitled to representation by counsel.
The corporation shall designate a person to hold such hearing and report
thereon.
(f) Eligibility for appointment of an employee whose name appears on a
redeployment list shall terminate at such time as the employee is rede-
ployed pursuant to the provisions of this section to a position in the
same salary grade as the position from which [he or she has] THEY HAVE
been suspended or demoted, or has exercised [his or her] THEIR reemploy-
ment rights pursuant to the provisions of section eighty-one or eighty-
one-a of the civil service law, provided, however, that eligibility for
appointment shall terminate no later than six months following the
suspension or demotion of such employee in accordance with the
provisions of section eighty [or eighty-a] of the civil service law.
Upon such employee's suspension or demotion, the corporation shall place
the name of such employee upon a preferred list, and a reemployment
roster, as appropriate, in accordance with the provisions of subdivision
eight of this section.
§ 9. Subdivision 10-b of section 243 of the military law, as added by
chapter 152 of the laws of 2011, is amended to read as follows:
10-b. If a public employer consolidates, abolishes, displaces, or
demotes a position, in accordance with section eighty[, eighty-a] or
eighty-five of the civil service law, which is occupied by a public
employee currently on active duty with the armed forces of the United
States, as pursuant to title ten, fourteen or thirty-two of the United
States code, such employer shall comply with subdivisions eleven and
twelve of this section and, upon the termination of the public employ-
ee's active duty, as defined in title ten, fourteen or thirty-two of the
United States code, such public employer shall provide full re-employ-
ment rights warranted to such employee under the Federal Uniformed
Services Employment and Reemployment Rights Act of 1994, provided,
however, the right of re-employment under this subdivision does not
entitle such employee to displacement rights over any person with great-
er seniority. Such public employer shall not abolish any position or
positions solely based upon the fact that the position or positions are
currently filled by an individual or individuals engaged in military
duty.
§ 10. Nothing in this act shall be construed to impede, infringe, or
diminish any rights or benefits relating to the suspension or demotion
upon the abolition or reduction of positions for employees in the
noncompetitive class or the labor class which employees are afforded
through a bona fide collective bargaining agreement, or otherwise dimin-
ish the integrity of existing or future collective bargaining agreements
and other past practices.
§ 11. This act shall take effect on the ninetieth day after it shall
have become a law.
