S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2062
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN  ACT  to  amend the military law, in relation to the existing special
   eligible list for public employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  7  of  section  243  of the military law, as
 amended by chapter 616 of the laws  of  1999,  is  amended  to  read  as
 follows:
   7.  Status of existing lists. Any person whose name is on any eligible
 list shall, while in military duty, retain [his] THE rights  and  status
 on  such  list.  If  the  name of any such person is reached for certif-
 ication during [his] military duty, it shall  be  placed  on  a  special
 eligible list in the order of [his] original standing, provided [he] THE
 PERSON  makes  request  therefor following termination of [his] military
 duty and during the period of [his] eligibility on such list. Such  list
 shall  be certified before certification shall be made from a subsequent
 open competitive or promotion eligible list for  the  same  position  or
 from  the  original  eligible  list for such position. [Such names shall
 remain on such special eligible list for a period of two years after the
 termination of such military duty.] UPON BEING PLACED UPON SUCH  SPECIAL
 ELIGIBLE  LIST, THE GOVERNMENTAL AGENCY OR SUBDIVISION SHALL NOTIFY SUCH
 PERSON, IN WRITING, THAT THEIR NAME WILL REMAIN  ON  THE  LIST  FOR  TWO
 YEARS  AFTER THE TERMINATION OF SUCH MILITARY DUTY, AND THAT UNLESS SUCH
 PERSON MAKES A REQUEST TO BE PLACED AND REMAIN  UPON  SUCH  LIST  DURING
 THIS  TWO  YEAR PERIOD, THEIR NAME WILL BE REMOVED. Any such person thus
 appointed shall, for the  purpose  of  computing  seniority  credit  and
 training  and  experience credit for promotion and date of membership in
 the retirement system and  seniority  in  the  event  of  suspension  or
 demotion,  be  deemed  to  have been appointed on the earliest date upon
 which any eligible, who was the lower on such  original  eligible  list,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04077-01-5
              

 A. 2062                             2
 
 was  appointed,  provided, however that service credit shall be computed
 from the actual date of appointment. The retirement system contributions
 of any such person who made any contribution to  the  retirement  system
 pursuant  to  article  fourteen  or fifteen of the retirement and social
 security law, and who was appointed on  or  after  July  twenty-seventh,
 nineteen hundred seventy-six shall not be refunded.
   § 2. This act shall take effect immediately.