§ 80. Suspension or demotion upon the abolition or reduction of
positions. 1. Suspension or demotion. 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
similar positions in the same jurisdictional 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 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 transferred 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, noncompetitive or labor class, incumbents 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 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
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 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, 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
incumbents, and among such probationary employees the order of
suspension or demotion shall be determined as if such employees were
permanent incumbents.

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
department 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
jurisdictional 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 positions 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, nineteen hundred sixty-seven, 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 permanent employment commenced prior to the said thirtieth day of
December, 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
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; 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
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, 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.

1-e. Notwithstanding the provisions of subdivision one of this
section, the sworn members of the division of correction of the
sheriff's department 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 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 shall be made in the
inverse order of the time served 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, time in rank or
grade for the purposes of this subdivision shall only accrue
prospectively from the effective date of this subdivision, and where
time in rank and grade for two or more individuals is identical, time in
service shall be used for the purposes of this procedure.
Notwithstanding 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.

1-f. Notwithstanding the provisions of subdivision one of this
section, the sworn members of any police agency as defined in section
eight hundred thirty-five of the executive law, other than police
agencies referred to in subdivisions one-a through one-e of this section
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 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 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 the date of original appointment of any such
incumbent who was transferred 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 class, incumbents
holding the same or similar positions who have not completed their
probationary services 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 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 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, immediately
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 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
their position pursuant to this section, constitute an interruption of
continuous service for the purposes of this section.

3. Interrupted service. A state employee who has resigned and who has
been reinstated or reappointed in the service more than one year
thereafter shall be credited with any previous state service rendered
prior to his or her resignation to which he or she would have been
entitled for the purposes of this section but for such resignation;
provided, however, that any time out of the service exceeding three
years shall be subtracted from the employee's previous state service. In
such instances, continuous service shall be deemed to have begun on the
date which precedes the otherwise applicable date for the commencement
of continuous service by the period of actual creditable service
provided by this subdivision.

4. Units for suspension or demotion in civil divisions. Upon the
abolition 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
positions 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 positions in the same jurisdictional class in such
separate unit.

4-a. For purposes of determining units for suspension or demotion in
the city of Niagara Falls, the following three units shall be deemed to
constitute departments within the meaning of subdivision three above:
(i) members of the police department employed as auxiliary policewomen,
police officers, police dispatchers or communications technicians,
police lieutenants, chief communications officer, or police captains;
(ii) members of the fire department employed as firefighters, fire alarm
operators, fire captains, battalion fire chiefs or master mechanic-chief
of apparatus; and (iii) all other employees of the city of Niagara
Falls, in the competitive class.

5. Units for suspension or demotion in the state service. The
president may, by regulation, designate as separate units for suspension
or demotion under the provisions of this section any state hospital,
institution 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 incumbents holding the same or similar
positions in such separate unit.

6. Displacement in civil divisions. A permanent incumbent of a
position 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 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, 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 positions in the title from which 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 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
subdivision 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
subdivision 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
position 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
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 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, 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 positions in the title from which 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 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 state civil
service commission shall promulgate rules to implement this subdivision
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
subdivision is the equivalent of suspension or demotion pursuant to
subdivision one of this section.

7-a. Certain suspensions in cities of one million or more for reasons
of economy. (a) Notwithstanding the provisions of any other general or
local law, administrative code or ordinance to the contrary, in cities
having a population of one million or more, any of the uniformed force
of the department of sanitation of such city who was suspended on or
after July first, nineteen hundred ninety, because of economy measures
taken by such city and who returns to such service, shall be deemed to
have been in continuous service in determining length of service for
retirement purposes if the duration of such suspension did not exceed
thirty-three months; provided, however, that for retirement purposes, a
member receiving such service credit shall pay, by deductions from his
or her compensation for each and every payroll period, subject to the
member contributions prescribed by subparagraph two of paragraph (b) of
this subdivision.

(b) (1) Pursuant to such method of payment, such member shall pay, as
additional member contributions payable besides the ordinary member
contributions due for their current service:

(A) the ordinary member contributions which would have been done for
such period of suspension if 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 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 they had become such a participant on such starting date;
and

(C) additional member contributions of two per centum of 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 their completion of
thirty years of service.

(2) The deduction for the additional contribution referred to in items
(A) and (B) of subparagraph one of this paragraph shall be made in
accordance with such equitable method and over such equitable period of
time as shall be prescribed by the executive director of the affected
retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of
subparagraph one of this paragraph shall be paid into the retirement
system's member contributions accumulation fund which is required to
receive the ordinary member contributions of such member. The additional
member contributions referred to in item (B) of such subparagraph shall
be paid into the contingent reserve fund of such retirement system and
shall be subject to the provisions of such section six hundred four-a of
the retirement and social security law governing additional member
contributions. The additional member contributions referred to in item
(C) of such subparagraph shall be paid into the contingent reserve fund
of such retirement system and shall not be subject to any retirement
system right or privilege of such member, unless such right or privilege
is granted by other provisions of law which specifically refer to
additional member contributions made pursuant to this subdivision.

(4) At any time prior to completion of the deduction for the
additional contributions referred to in items (A) and (B) of
subparagraph one of this paragraph, payment of the remainder of the
total of such additional contribution due may be made in a lump sum,
provided further that such member shall pay into the contingent reserve
fund of the retirement system two percent of his or her earnings in each
year until the earlier of his or her date of retirement or his or her
completion of thirty years of service. In addition, if such member
elected to be covered by the provisions of section six hundred four-a of
the retirement and social security law, he or she shall also pay into
such contingent reserve fund the contributions that would have been
required had he or she made such election as of the starting of the
twenty-year retirement program.

7-b. Certain suspensions in cities of one million or more for reasons
of economy. (a) Notwithstanding the provisions of any other general or
local law, administrative code or ordinance to the contrary, in cities
having a population of one million or more, any member of the uniformed
force of the department of correction of such city who was suspended on
or after May first, two thousand three, because of economy measures
taken by such city and who returns to such service prior to July first,
two thousand four, shall be deemed to have been in continuous service in
determining length of service for retirement purposes if the duration of
such suspension did not exceed thirteen months; provided, however, that
for retirement purposes, a member receiving such service credit shall
pay, by deductions from his or her compensation, subject to the method
prescribed by subparagraph two of paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay, as
additional member contributions payable besides the ordinary member
contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for
such period of suspension if he or she had actually been in service
during such period; and

(B) if such member is covered by the twenty-year retirement program
provided for by section five hundred four-a of the retirement and social
security law, the additional member contributions which he or she would
have been required to make under the provisions of that section for such
period of suspension if he or she had actually been in service during
such period.

(2) The deduction for the additional contributions referred to in
clauses (A) and (B) of subparagraph one of this paragraph shall be paid
in accordance with such equitable method and over such equitable period
of time as shall be prescribed by the executive director of the affected
retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in clause (A) of
subparagraph one of this paragraph shall be paid into the retirement
system's member contributions accumulation fund which is required to
receive the ordinary member contributions of such member. The additional
member contributions referred to in clause (B) of such subparagraph
shall be paid into the contingent reserve fund of such retirement system
and shall be subject to the provisions of such section five hundred
four-a of the retirement and social security law governing additional
member contributions.

(4) At any time prior to completion of the deduction for the
additional contributions referred to in clauses (A) and (B) of
subparagraph one of this paragraph, payment of the remainder of the
total of such additional contributions due may be made in a lump sum. In
addition, if such member is covered by the provisions of section five
hundred four-a of the retirement and social security law, he or she
shall also pay into the contingent reserve fund of the retirement system
the contributions required to be made pursuant to such section.

7-c. Certain suspensions in cities of one million or more for reasons
of economy. (a) Notwithstanding the provisions of any other general or
local law, administrative code or ordinance to the contrary, in cities
having a population of one million or more, any employee in the title of
carpenter or supervisory carpenter of such city who was suspended on or
after June first, nineteen hundred ninety-one because of economy
measures taken by such city and who returns to such service prior to
July first, nineteen hundred ninety-three, shall be deemed to have been
in continuous service in determining length of service for retirement
purposes if the duration of such suspension did not exceed twenty-five
months; provided, however, that for retirement purposes, a member
receiving such service credit shall pay, by deductions from his or her
compensation, subject to the method prescribed by subparagraph two of
paragraph (b) of this subdivision.

(b)(1) Pursuant to such method of payment, such member shall pay the
ordinary member contributions due for his or her current service which
would have been paid for such period of suspension if he or she had
actually been in service during such period.

(2) The deduction for the additional contributions referred to in
subparagraph one of this paragraph shall be paid in accordance with such
equitable method and over such equitable period of time as shall be
prescribed by the executive director of the affected retirement system
with the approval of its board of trustees.

(3) The additional member contributions referred to in subparagraph
one of this paragraph shall be paid into the retirement system's member
contributions accumulation fund which is required to receive the
ordinary member contributions of such member.

(4) At any time prior to completion of the deduction for the
additional contributions referred to in subparagraph one of this
paragraph, payment of the remainder of the total of such additional
contributions due may be made in a lump sum.

7-d. Certain suspensions in cities of one million or more for reasons
of economy. (a) Notwithstanding the provisions of any other general or
local law, administrative code or ordinance to the contrary, in cities
having a population of one million or more, any employee of the
department of parks of such city who had been employed as a climber and
pruner who was suspended on or after July first, nineteen hundred
ninety-one, because of economy measures taken by such city and who
returned to such service prior to July first, nineteen hundred
ninety-five, shall be deemed to have been in continuous service in
determining length of service for retirement purposes if the duration of
such suspension did not exceed twenty-five months; provided, however,
that for retirement purposes, a member receiving such service credit
shall pay, by deductions from his or her compensation for each and every
payroll period, subject to the member contributions prescribed by
subparagraph two of paragraph (b) of this subdivision.

(b) (1) Pursuant to such method of payment, such member shall pay, as
additional member contributions payable besides the ordinary member
contributions due for his or her current service:

(A) the ordinary member contributions which would have been paid for
such period of suspension if he or she had actually been in service
during such period; and

(B) if such member is covered by the optional twenty-five year early
retirement program for certain New York city members provided by section
six hundred four-c of the retirement and social security law, as added
by chapter ninety-six of the laws of nineteen hundred ninety-five, the
additional member contributions which he or she would have been required
to make under the provisions of that section for such period of
suspension if he or she had actually been in service during such period.

(2) The deduction for the additional contribution referred to in items
(A) and (B) of subparagraph one of this paragraph shall be paid in
accordance with such equitable method and over such equitable period of
time as shall be prescribed by the executive director of the affected
retirement system with the approval of its board of trustees.

(3) The additional member contributions referred to in item (A) of
subparagraph one of this paragraph shall be paid into the retirement
system's member contributions accumulation fund which is required to
receive the ordinary member contributions of such member. The additional
member contributions referred to in item (B) of such subparagraph shall
be paid into the contingent reserve fund of such retirement system and
shall be subject to the provisions of section six hundred four-c of the
retirement and social security law, as added by chapter ninety-six of
the laws of nineteen hundred ninety-five, governing additional member
contributions.

(4) At any time prior to completion of the deduction for the
additional contributions referred to in items (A) and (B) of
subparagraph one of this paragraph, payment of the remainder of the
total of such additional contribution due may be made in a lump sum. In
addition, if such member is covered by the provisions of section six
hundred four-c of the retirement and social security law, as added by
chapter ninety-six of the laws of nineteen hundred ninety-five, he or
she shall also pay into such contingent reserve fund the contributions
required to be made pursuant to this section.

8. Certain suspensions in cities of one million or more for reasons of
economy. Notwithstanding the provisions of any other general or local
law, administrative code or ordinance, in cities having a population of
one million or more, any member employed in the uniformed or
non-uniformed services of such city who was suspended on or after July
first, nineteen hundred seventy-five, because of economy measures taken
by such city, and who returns to such service, shall be deemed to have
been in continuous service in determining seniority and length of
service regardless of the duration of such suspension; provided,
however, that for retirement purposes, a member receiving such service
credit shall pay into the annuity savings fund of the retirement system
the amount of the employee contributions required to have been paid into
the retirement system for such service, within one year after this
subdivision shall have taken effect. For the purposes of this
subdivision "uniformed services" shall mean and include any uniformed
force or service the members of which are paid in whole or part by such
city.

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,
consolidation or abolition of functions, curtailment of activities or
otherwise, 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, incumbents 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 incumbents, and among such probationary employees the order of
suspension or demotion shall be determined as if such employees were
permanent incumbents.