S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2368
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A. GANDOLFO, SMULLEN, MANKTELOW, JENSEN, GIGLIO,
   DeSTEFANO, DURSO, ANGELINO, BRABENEC -- read once and referred to  the
   Committee on Governmental Employees
 
 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 NONCITIZEN 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.
                                                            LBD04550-01-5
 A. 2368                             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] SUCH DISABLED VETERAN OR NON-DISABLED
 VETERAN OR RESERVIST has qualified in the  competitive  examination  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] THEMSELF enti-
 tled to additional credit in a competitive examination as provided here-
 in, may make application for such additional credit at any time  between
 the  date  of [his] SUCH CANDIDATE'S application for examination and the
 date of the establishment of the resulting eligible  list.  Such  candi-
 dates  shall  be  allowed  a period of not less than two months from the
 date of the filing of [his] SUCH CANDIDATE'S application for examination
 in which to establish by appropriate documentary proof [his] SUCH CANDI-
 DATE'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  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  estab-
 lish [his] SUCH VETERAN'S OR DISABLED VETERAN'S OR RESERVIST'S eligibil-
 ity  to  receive such additional credit. A candidate who fails to estab-
 lish,  by  appropriate  documentary  proof,   [his]   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 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]  SUCH  PERSON  was
 allowed  the  additional  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] SUCH VETERAN OR DISA-
 BLED VETERAN OR RESERVIST 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] SUCH VETERAN
 A. 2368                             3
 
 OR DISABLED VETERAN OR RESERVIST had not  been  granted  the  additional
 credits  provided  by  this  section,  [his]  SUCH VETERAN'S OR DISABLED
 VETERAN'S OR RESERVIST'S appointment from among such eligibles shall not
 be  deemed  to  have  been made from an eligible list on which [he] SUCH
 VETERAN OR DISABLED VETERAN OR RESERVIST  was  allowed  such  additional
 credits.
   (d)  Where  a  veteran  or  disabled  veteran  OR  RESERVIST  has been
 originally appointed or promoted from an eligible  list  on  which  [he]
 SUCH  VETERAN  OR  DISABLED  VETERAN OR RESERVIST was allowed additional
 credit, but such  appointment  or  promotion  is  thereafter  terminated
 either  at  the  end  of  the  probationary term or by resignation at or
 before the end of the probationary term, [he] SUCH VETERAN  OR  DISABLED
 VETERAN  OR  RESERVIST  shall  not  be  deemed to have been appointed or
 promoted, as the case may be, from an eligible list on which  [he]  SUCH
 VETERAN  OR DISABLED VETERAN OR RESERVIST was allowed additional credit,
 and such appointment or promotion shall not affect [his] SUCH  VETERAN'S
 OR  DISABLED  VETERAN'S OR RESERVIST'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
 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] SUCH VETERAN OR DISABLED VETERAN OR RESER-
 VIST and accept the lower position on such eligible list to  which  [he]
 SUCH  VETERAN OR DISABLED VETERAN OR RESERVIST 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  commis-
 sion.
   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.