NY State Senate Bill 2023-S5938

Senate Bill S5938

2023-2024 Legislative Session

Allows reservists who have served or who are currently serving in the United States armed forces to be eligible for 2.5 points on civil service examinations

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Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to veterans, homeland security and military affairs
Mar 23, 2023	referred to veterans, homeland security and military affairs

2023-S5938 (ACTIVE) - Details

See Assembly Version of this Bill:: A2759
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Civil Service Law
Laws Affected:: Amd §85, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: A8437

2023-S5938 (ACTIVE) - Summary

Allows reservists who have served or who are currently serving in the United States armed forces to be eligible for 2.5 points on civil service examinations.

2023-S5938 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5938

SPONSOR: ASHBY
 
TITLE OF BILL:

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

 
PURPOSE:

Allows reservists who have served or who are currently serving in the
United States armed forces, to be eligible for 2.5 points on civil
service examinations.

 
SUMMARY OF PROVISIONS:

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: Addi-

tional credit allowed veterans and reservists in competitive examina-
tions; preference in retention upon abolition of positions. (b-1)_The
term "reservist" means-a member of the reserve forces or reserve compo-
nents 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 additional
in a competitive examination for original appointment and five points
additional credit in a competitive examination for promotion,
 
AND
(2) Non-disabled veterans shall be entitled to receive five points addi-
tional credit in a competitive examination for original appointment and
two and one-half points additional credit in a competitive examination
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 examination and shall be granted only at the time of estab-
lishment 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 application 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 permanent
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 position 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 veter-
an or reservist, 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 additional 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. (d) Where a veter-
an or disabled veteran or reservist has been originally appointed or
promoted from an eligible list on which he was allowed additional cred-
it, but such appointment or promotion is there-after terminated either
at the end of the probationary term or by resignation 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 credit.
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 exam-
ination 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 eligible 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 department or the appropriate
municipal civil service commission.

6. Roster. The state civil service department and each municipal commis-
sion 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 prorated as a result of additional
credits granted by this section. 2. This act shall take effect imme-
diately.

 
JUSTIFICATION:

Reservists enlist knowing that they may be called into active duty, and
they stand ready to answer the call. However, reservists. who are not
called to active duty are not eligible for many of the benefits of those
who do get called, such as a civil service point bonus.  Reservists who
are never called to active duty still deserve a level of this benefit,
as it is beyond their control

 
LEGISLATIVE HISTORY:

A.8437 of 2021/22-held for consideration in governmental employees

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5938 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5938
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- 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  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
 S. 5938                             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.
 S. 5938                             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.

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