§ 85-b. Additional credits allowed children and siblings of
firefighters and police officers killed in the line of duty. 1.
Definition. 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
thousand one or as the natural and proximate result of participation in
the rescue effort that was conducted in response to such attack.

2. Additional credit authorized. Additional credits shall be allowed
children and siblings of firefighters and police officers 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 respective
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 firefighters and police officers
killed in the line of duty shall be entitled to receive an additional
ten points in a competitive examination for original appointment in the
same municipality in which his or her 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 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 or
herself 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 his or her 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 or her application for
examination in which to establish by appropriate documentary proof his
or her 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 his or her eligibility to
receive such additional credit. A candidate who fails to establish, by
appropriate documentary proof, his or her 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
thereof from an eligible list on which he or she was allowed the
additional credit granted by this section as a child or sibling, shall
thereafter 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
position 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 he or she 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 he or she had not been granted
the additional credits as provided by this section, his or her
appointment from such eligible persons shall not be deemed to have been
made from an eligible list on which he or she was allowed such
additional credits.

(d) Where a child or sibling has been originally appointed from an
eligible list on which he or she 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, he or she shall not be deemed to have been appointed,
as the case may be, from an eligible list on which he or she is allowed
additional credit, and such appointment shall not affect his or her
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 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 him or her and accept the lower
position on such eligible list to which he or she would otherwise 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 appropriate
municipal civil service commission.

6. Roster. The department and each municipal commission shall
establish 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.