S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2123
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to  amend the civil service law, in relation to providing addi-
   tional credits to children and siblings  of  deceased  New  York  city
   sanitation members
 
   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.  ADDITIONAL  CREDITS ALLOWED THE CHILDREN AND SIBLINGS OF NEW
 YORK CITY SANITATION MEMBERS KILLED IN THE LINE OF DUTY. 1. DEFINITIONS.
 (A) AS USED IN THIS SECTION, "KILLED IN THE LINE  OF  DUTY"  SHALL  MEAN
 HAVING  DIED  IN  THE  PERFORMANCE  OF DUTY AS THE NATURAL AND PROXIMATE
 RESULT OF THE WORLD TRADE CENTER ATTACK ON SEPTEMBER ELEVENTH, TWO THOU-
 SAND ONE OR AS THE NATURAL AND PROXIMATE RESULT OF PARTICIPATION IN  THE
 RESCUE EFFORT THAT WAS CONDUCTED IN RESPONSE TO SUCH ATTACK.
   (B)  AS  USED  IN THIS SECTION "NEW YORK CITY SANITATION MEMBER" SHALL
 MEAN A SANITATION MEMBER AS DEFINED IN SUBDIVISION SIXTY-FOUR OF SECTION
 13-101 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   2. ADDITIONAL CREDIT AUTHORIZED. ADDITIONAL CREDITS SHALL  BE  ALLOWED
 TO  CHILDREN  AND SIBLINGS OF NEW YORK CITY SANITATION MEMBERS KILLED IN
 THE LINE OF DUTY IN COMPETITIVE EXAMINATIONS FOR ORIGINAL APPOINTMENT.
   (A) ON ALL ELIGIBLE LISTS RESULTING FROM COMPETITIVE EXAMINATIONS, THE
 NAMES OF ELIGIBLE PERSONS SHALL BE ENTERED IN THE ORDER OF THEIR RESPEC-
 TIVE FINAL EARNED RATINGS ON EXAMINATIONS, WITH THE NAME OF THE ELIGIBLE
 PERSON WITH THE HIGHEST FINAL EARNED RATINGS AT THE HEAD OF  SUCH  LIST;
 PROVIDED,  HOWEVER,  THAT  FOR  THE  PURPOSE OF DETERMINING FINAL EARNED
 RATINGS, CHILDREN AND SIBLINGS  OF  NEW  YORK  CITY  SANITATION  MEMBERS
 KILLED  IN  THE  LINE OF DUTY SHALL BE ENTITLED TO RECEIVE AN ADDITIONAL
 TEN POINTS IN A COMPETITIVE EXAMINATION FOR ORIGINAL APPOINTMENT IN  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03851-01-5
 A. 2123                             2
              

 
 SAME MUNICIPALITY IN WHICH SUCH CHILD OR SIBLING'S PARENT OR SIBLING HAS
 SERVED.
   (B)  SUCH  ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
 OF SUCH CHILD OR SIBLING, AS THE  CASE  MAY  BE,  AFTER  SUCH  CHILD  OR
 SIBLING HAS QUALIFIED IN THE COMPETITIVE EXAMINATION AND SHALL BE GRANT-
 ED 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 THAT SUCH CANDIDATE IS
 ENTITLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION  AS  PROVIDED
 IN  THIS SECTION, MAY MAKE APPLICATION FOR SUCH ADDITIONAL CREDIT AT ANY
 TIME BETWEEN THE DATE OF SUCH CANDIDATE'S  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 THEIR APPLICATION FOR EXAMINATION IN WHICH TO
 ESTABLISH BY APPROPRIATE DOCUMENTARY PROOF SUCH CANDIDATE'S  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  APPOINTMENT,  THE ELIGIBLE LIST
 RESULTING FROM SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING  THE
 FACT  THAT  A CHILD OR SIBLING WHO HAS APPLIED FOR ADDITIONAL CREDIT HAS
 FAILED TO ESTABLISH SUCH CHILD OR SIBLING'S ELIGIBILITY TO RECEIVE  SUCH
 ADDITIONAL  CREDIT.  A  CANDIDATE WHO FAILS TO ESTABLISH, BY APPROPRIATE
 DOCUMENTARY PROOF, SUCH CANDIDATE'S ELIGIBILITY  TO  RECEIVE  ADDITIONAL
 CREDIT  BY THE TIME AN ELIGIBLE LIST IS ESTABLISHED SHALL NOT THEREAFTER
 BE GRANTED ADDITIONAL CREDIT ON SUCH ELIGIBLE LIST.
   4. USE OF ADDITIONAL CREDIT. (A) EXCEPT AS OTHERWISE PROVIDED IN  THIS
 SUBDIVISION, NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINTMENT
 IN THE CIVIL SERVICE OF THE STATE OR OF ANY CITY OR CIVIL DIVISION THER-
 EOF  FROM  AN  ELIGIBLE  LIST ON WHICH SUCH PERSON WAS ALLOWED THE ADDI-
 TIONAL CREDIT GRANTED BY THIS SECTION AS A CHILD OR SIBLING, SHALL THER-
 EAFTER BE ENTITLED TO ANY ADDITIONAL CREDIT  UNDER  THIS  SECTION  AS  A
 CHILD OR SIBLING.
   (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE POSI-
 TION  OF  A  CHILD  OR SIBLING ON SUCH LIST HAS NOT BEEN AFFECTED BY THE
 ADDITION OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT OF  SUCH
 CHILD  OR  SIBLING  FROM  SUCH ELIGIBLE LIST SHALL NOT BE DEEMED TO HAVE
 BEEN MADE FROM AN ELIGIBLE LIST ON  WHICH  SUCH  CHILD  OR  SIBLING  WAS
 ALLOWED THE ADDITIONAL CREDIT GRANTED BY THIS SECTION.
   (C)  IF,  AT THE TIME OF APPOINTMENT FROM AN ELIGIBLE LIST, A CHILD OR
 SIBLING IS IN THE SAME RELATIVE STANDING AMONG THE ELIGIBLE PERSONS  WHO
 ARE  WILLING  TO  ACCEPT APPOINTMENT AS IF SUCH CHILD OR SIBLING HAD NOT
 BEEN GRANTED THE ADDITIONAL CREDITS AS PROVIDED BY  THIS  SECTION,  SUCH
 CHILD  OR  SIBLING'S APPOINTMENT FROM SUCH ELIGIBLE PERSONS SHALL NOT BE
 DEEMED TO HAVE BEEN MADE FROM AN ELIGIBLE LIST ON WHICH  SUCH  CHILD  OR
 SIBLING WAS ALLOWED SUCH ADDITIONAL CREDITS.
   (D)  WHERE  A  CHILD  OR SIBLING HAS BEEN ORIGINALLY APPOINTED FROM AN
 ELIGIBLE LIST ON WHICH SUCH CHILD OR SIBLING WAS ALLOWED SUCH ADDITIONAL
 CREDIT, BUT SUCH APPOINTMENT IS THEREAFTER TERMINATED EITHER AT THE  END
 OF  THE  PROBATIONARY TERM OR BY RESIGNATION AT OR BEFORE THE END OF THE
 PROBATIONARY TERM, SUCH CHILD OR SIBLING SHALL NOT  BE  DEEMED  TO  HAVE
 BEEN  APPOINTED, AS THE CASE MAY BE, FROM AN ELIGIBLE LIST ON WHICH SUCH
 CHILD OR SIBLING IS ALLOWED  ADDITIONAL  CREDIT,  AND  SUCH  APPOINTMENT
 SHALL  NOT  AFFECT  SUCH  CHILD  OR SIBLING'S 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
 A. 2123                             3

 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  CHILD  OR SIBLING HAS RECEIVED THE ADDITIONAL
 CREDIT GRANTED BY THIS SECTION, SUCH CHILD OR SIBLING MAY  ELECT,  PRIOR
 TO  PERMANENT  ORIGINAL APPOINTMENT, TO RELINQUISH THE ADDITIONAL CREDIT
 THERETOFORE GRANTED TO SUCH CHILD OR SIBLING AND ACCEPT THE LOWER  POSI-
 TION  ON  SUCH ELIGIBLE LIST TO WHICH SUCH CHILD OR SIBLING WOULD OTHER-
 WISE HAVE BEEN ENTITLED; PROVIDED, HOWEVER,  THAT  SUCH  ELECTION  SHALL
 THEREAFTER  BE IRREVOCABLE. SUCH ELECTION SHALL BE IN WRITING AND SIGNED
 BY THE CHILD OR SIBLING, AND TRANSMITTED TO THE DEPARTMENT OR THE APPRO-
 PRIATE MUNICIPAL CIVIL SERVICE COMMISSION.
   6. ROSTER. THE DEPARTMENT AND EACH MUNICIPAL COMMISSION  SHALL  ESTAB-
 LISH  AND  MAINTAIN  IN  ITS  OFFICE  A  ROSTER OF ALL SUCH CHILDREN AND
 SIBLINGS APPOINTED AS A RESULT OF ADDITIONAL  CREDITS  GRANTED  BY  THIS
 SECTION  TO POSITIONS UNDER ITS JURISDICTION. THE APPOINTMENT OF A CHILD
 OR SIBLING AS A RESULT OF ADDITIONAL CREDITS SHALL BE VOID IF SUCH CHILD
 OR SIBLING, PRIOR TO SUCH APPOINTMENT, HAD BEEN APPOINTED AS A RESULT OF
 ADDITIONAL CREDITS GRANTED BY THIS SECTION.
   § 2. This act shall take effect immediately.