§ 85. Additional credit allowed veterans in competitive examinations;
preference in retention upon abolition of positions. 1. Definitions.
(a) The terms "veteran" and "non-disabled veteran" mean a member of the
armed forces of the United States who was honorably discharged or
released under honorable circumstances from such service including (i)
having a qualifying condition as defined in section one of the veterans'
services law, and receiving a discharge other than bad conduct or
dishonorable from such service, or (ii) being a discharged LGBT veteran,
as defined in section one of the veterans' services law, and receiving a
discharge other than bad conduct or dishonorable from such service, who
is a citizen of the United States or a 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.

(b) The term "disabled veteran" means a veteran who is certified by
the United States veterans' administration or a military department as
entitled to receive disability payments upon the certification of such
veterans' administration or a military department for a disability
incurred by him or her in the course of his or her service and in
existence at the time of application for appointment or promotion or at
the time of retention, as the case may be. Such disability shall be
deemed to be in existence at the time of application for appointment or
promotion or at the time of retention, as the case may be, if the
certificate of such veterans' administration shall state affirmatively
that such veteran has been examined by a medical officer of such
veterans' administration on a date within one year of either the date of
filing application for competitive examination for original appointment
or promotion or the date of the establishment of the resulting eligible
list or within one year of the time of retention, as the case may be;
that at the time of such examination the disability described in such
certificate was found to exist; and that such disability is rated at ten
per centum or more. Such disability shall also be deemed to be in
existence at such time if the certificate of such veterans'
administration shall state affirmatively that a permanent stabilized
condition of disability exists to an extent of ten per centum or more,
notwithstanding the fact that such veteran has not been examined by a
medical officer of such veterans' administration within one year of
either the time of application for appointment or promotion or the date
of filing application for competitive examination for original
appointment or promotion, or within one year of the time of retention,
as the case may be.

(c) The term "time of application for original appointment or
promotion" shall mean the date of the establishment of an eligible list
resulting from a competitive examination for original appointment or
promotion, as the case may be, which date shall be the date on which the
term of such eligible list commences.

(d) The term "time of retention" shall mean the time of abolition or
elimination of positions.

2. Additional credits in competitive examinations for original
appointment or promotion.

(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
additional in a competitive examination for original appointment and
five 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
examination for promotion.

(b) Such additional credit shall be added to the final earned rating
of such disabled veteran or non-disabled veteran, as the case may be,
after he or she 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;
establishment of eligible list. Any candidate, believing himself
entitled to additional credit in a competitive examination as provided
herein, may make application for such additional credit at any time
between the date of his 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 his application for examination in which to establish by appropriate
documentary proof his 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 who has applied for additional credit has failed to
establish his eligibility to receive such additional credit. A candidate
who fails to establish, by appropriate documentary proof, his
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
permanent promotion in the civil service of the state or of any city or
civil division thereof from an eligible list on which he was allowed the
additional credit granted by this section, either as a veteran or
disabled veteran, shall thereafter be entitled to any additional credit
under this section either as a veteran or a disabled veteran.

(b) Where, at the time of establishment of an eligible list, the
position of a veteran or disabled veteran 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, as the
case may be, from such eligible list shall not be deemed to have been
made from an eligible list on which he 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 is in the same relative standing among the eligibles
who are willing to accept appointment as if he had not been granted the
additional credits provided by this section, his appointment from among
such eligibles shall not be deemed to have been made from an eligible
list on which he was allowed such additional credits.

(d) Where a veteran or disabled veteran has been originally appointed
or promoted from an eligible list on which he 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 shall not be deemed to have
been appointed or promoted, as the case may be, from an eligible list on
which he was allowed additional credit, and such appointment or
promotion shall not affect his eligibility for additional credit in
other examinations.

5. Withdrawal of application; election to relinquish additional
credit. 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 has
received the additional credit granted by this section, such veteran or
disabled veteran may elect, prior to permanent original appointment or
permanent promotion, to relinquish the additional credit theretofore
granted to him and accept the lower position on such eligible list to
which he 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, and transmitted
to the state civil service department or the appropriate municipal civil
service commission.

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 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 as a result of additional credits shall be void if such veteran
or disabled veteran, prior to such appointment or promotion, had been
appointed or promoted as a result of additional credits granted by this
section.

7. Preference in retention upon the abolition of positions. In the
event of the abolition or elimination of any position in the civil
service, any suspension, demotion or displacement shall be made in the
inverse order of the date of original appointment in the service subject
to the following conditions: (1) blind employees shall be granted
absolute preference in retention; (2) the date of such original
appointment for disabled veterans shall be deemed to be sixty months
earlier than the actual date, determined in accordance with section
thirty of the general construction law; (3) the date of such original
appointment for non-disabled veterans shall be deemed to be thirty
months earlier than the actual date, determined in accordance with
section thirty of the general construction law; (4) no permanent
competitive class employee subject to the jurisdiction of the civil
service commission of the city of New York who receives an injury in the
line of duty, as defined in this paragraph, which requires immediate
hospitalization, and which is not compensable through workers'
compensation may be suspended, demoted or displaced pursuant to section
eighty of this chapter within three months of the date of their
confinement, provided that medical authorities approved by such
commission shall certify that the employee is not able to perform the
duties of their position; provided further, that such three-month period
may be extended by such commission for additional periods not to exceed
one year each upon the certification of medical authorities selected by
such commission that the employee is, as a result of their injury, still
not able to perform the duties of their position. An injury in the line
of duty, as used herein, shall be construed to mean an injury which is
incurred as a direct result of the lawful performance of the duties of
the position. In determining whether an injury was received in the line
of duty, such commission shall require the head of the agency by which
the employee is employed to certify that the injury was received as a
direct result of the lawful performance of the employee's duties; and
(5) the spouse of a veteran with one hundred percent service connected
disability shall be deemed to be sixty months earlier than the actual
date, determined in accordance with section thirty of the general
construction law, provided, the spouse is domiciled with the
veteran-spouse and is the head of the household. This section shall not
be construed as conferring any additional benefit upon such employee
other than a preference in retention. Such employee shall be subject to
transfer upon the abolition of their function within their agency or
department.

7-a. For the purpose of subdivision seven of this section, the terms
"date of original appointment" and "date of original appointment in the
service" shall mean, for persons subject to subdivisions one-a and one-c
of section eighty of this chapter, the date 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 occurs.

8. Penalty for denial of preference in retention. A refusal to allow
the preference in retention provided for in this section to any veteran
or disabled veteran, or a reduction of his compensation intended to
bring about his resignation shall be deemed a misdemeanor, and any such
veteran or disabled veteran shall have a right of action therefor in any
court of competent jurisdiction for damages and for righting the wrong.