* § 80-a. Suspension or demotion upon the abolition or reduction of
non-competitive class positions in the state service. 1. Suspension or
demotion. Where, because of economy, consolidation or abolition of
functions, curtailment of activities or otherwise, positions in the
non-competitive class of the state service are abolished or reduced in
rank or salary grade, suspension or demotion, as the case may be, among
incumbents having tenure protection pursuant to paragraph (c) of
subdivision one of section seventy-five of this chapter and holding the
same or similar positions shall be made in the inverse order of original
appointment on a permanent basis in the classified service of the state
service, 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 the
state service 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 non-competitive class, incumbents holding the same
or similar positions 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 or
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, in the state service the original appointment
of an incumbent shall mean the date of his 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 non-competitive 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 workmen's 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
his 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. 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 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.

5. Displacement. A permanent incumbent having tenure protection
pursuant to paragraph (c) of subdivision one of section seventy-five of
this chapter who served in a position in state service and who was
suspended or displaced from such position pursuant to this section 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
he is 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 non-competitive 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. 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 was afforded. The state civil service commission
shall promulgate rules to implement this subdivision including rules
which may provide adjunctive opportunities for displacement to formerly
held positions; provided, however, that no such rule shall permit an
incumbent to displace any other incumbent having greater retention
standing. 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.

* NB Repealed February 19, 2024