Bill Text: NY A02759 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows reservists who have served or who are currently serving in the United States armed forces to be eligible for 2.5 points on civil service examinations.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced) 2024-01-03 - referred to governmental employees [A02759 Detail]
Download: New_York-2023-A02759-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2759 2023-2024 Regular Sessions IN ASSEMBLY January 27, 2023 ___________ Introduced by M. of A. GANDOLFO, SMULLEN, MANKTELOW, JENSEN, BYRNES, J. A. 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: 1 Section 1. The section heading, paragraphs (a) and (b) of subdivision 2 2, subdivisions 3, 4, 5 and 6 of section 85 of the civil service law, as 3 added by chapter 790 of the laws of 1958 and paragraph (c) of subdivi- 4 sion 4 as amended by chapter 15 of the laws of 1971, are amended and a 5 new paragraph (b-1) is added to subdivision 1 to read as follows: 6 Additional credit allowed veterans and reservists in competitive exam- 7 inations; preference in retention upon abolition of positions. 8 (b-1) The term "reservist" means a member of the reserve forces or 9 reserve components of the armed forces of the United States who is 10 currently in service or who was honorably discharged or released under 11 honorable circumstances from such service, who is a citizen of the 12 United States or an alien lawfully admitted for permanent residence in 13 the United States and who is a resident of the state of New York at the 14 time of application for appointment or promotion or at the time of 15 retention, as the case may be. 16 (a) On all eligible lists resulting from competitive examinations, the 17 names of eligibles shall be entered in the order of their respective 18 final earned ratings on examination, with the name of the eligible with 19 the highest final earned rating at the head of such list, provided, 20 however, that for the purpose of determining final earned ratings, 21 (1) Disabled veterans shall be entitled to receive ten points addi- 22 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. LBD01292-01-3A. 2759 2 1 points additional credit in a competitive examination for promotion, 2 [and] 3 (2) Non-disabled veterans shall be entitled to receive five points 4 additional credit in a competitive examination for original appointment 5 and two and one-half points additional credit in a competitive examina- 6 tion for promotion[.], and 7 (3) Reservists who have served or who are currently serving as members 8 of a reserve component of the armed forces of the United States shall be 9 entitled to receive two and one-half points additional credit in a 10 competitive examination. 11 (b) Such additional credit shall be added to the final earned rating 12 of such disabled veteran or non-disabled veteran or reservist, as the 13 case may be, after he or she has qualified in the competitive examina- 14 tion and shall be granted only at the time of establishment of the 15 resulting eligible list. 16 3. Application for additional credit; proof of eligibility; establish- 17 ment of eligible list. Any candidate, believing himself entitled to 18 additional credit in a competitive examination as provided herein, may 19 make application for such additional credit at any time between the date 20 of his application for examination and the date of the establishment of 21 the resulting eligible list. Such candidates shall be allowed a period 22 of not less than two months from the date of the filing of his applica- 23 tion for examination in which to establish by appropriate documentary 24 proof his eligibility to receive additional credit under this section. 25 At any time after two months have elapsed since the final date for 26 filing applications for a competitive examination for original appoint- 27 ment or promotion, the eligible list resulting from such examination may 28 be established, notwithstanding the fact that a veteran or disabled 29 veteran or reservist who has applied for additional credit has failed to 30 establish his eligibility to receive such additional credit. A candidate 31 who fails to establish, by appropriate documentary proof, his eligibil- 32 ity to receive additional credit by the time an eligible list is estab- 33 lished shall not thereafter be granted additional credit on such eligi- 34 ble list. 35 4. Use of additional credit. (a) Except as herein otherwise provided, 36 no person who has received a permanent original appointment or a perma- 37 nent promotion in the civil service of the state or of any city or civil 38 division thereof from an eligible list on which he was allowed the addi- 39 tional credit granted by this section, either as a veteran or disabled 40 veteran or reservist, shall thereafter be entitled to any additional 41 credit under this section either as a veteran or a disabled veteran or 42 reservist. 43 (b) Where, at the time of establishment of an eligible list, the posi- 44 tion of a veteran or disabled veteran or reservist on such list has not 45 been affected by the addition of credits granted under this section, the 46 appointment or promotion of such veteran or disabled veteran or reser- 47 vist, as the case may be, from such eligible list shall not be deemed to 48 have been made from an eligible list on which he was allowed the addi- 49 tional credit granted by this section. 50 (c) If, at the time of appointment from an eligible list, a veteran or 51 disabled veteran or reservist is in the same relative standing among the 52 eligibles who are willing to accept appointment as if he had not been 53 granted the additional credits provided by this section, his appointment 54 from among such eligibles shall not be deemed to have been made from an 55 eligible list on which he was allowed such additional credits.A. 2759 3 1 (d) Where a veteran or disabled veteran or reservist has been 2 originally appointed or promoted from an eligible list on which he was 3 allowed additional credit, but such appointment or promotion is there- 4 after terminated either at the end of the probationary term or by resig- 5 nation at or before the end of the probationary term, he shall not be 6 deemed to have been appointed or promoted, as the case may be, from an 7 eligible list on which he was allowed additional credit, and such 8 appointment or promotion shall not affect his eligibility for additional 9 credit in other examinations. 10 5. Withdrawal of application; election to relinquish additional cred- 11 it. An application for additional credit in a competitive examination 12 under this section may be withdrawn by the applicant at any time prior 13 to the establishment of the resulting eligible list. At any time during 14 the term of existence of an eligible list resulting from a competitive 15 examination in which a veteran or disabled veteran or reservist has 16 received the additional credit granted by this section, such veteran or 17 disabled veteran or reservist may elect, prior to permanent original 18 appointment or permanent promotion, to relinquish the additional credit 19 theretofore granted to him and accept the lower position on such eligi- 20 ble list to which he would otherwise have been entitled; provided, 21 however, that such election shall thereafter be irrevocable. Such 22 election shall be in writing and signed by the veteran or disabled 23 veteran or reservist, and transmitted to the state civil service depart- 24 ment or the appropriate municipal civil service commission. 25 6. Roster. The state civil service department and each municipal 26 commission shall establish and maintain in its office a roster of all 27 veterans and disabled veterans and reservists appointed or promoted as a 28 result of additional credits granted by this section to positions under 29 its jurisdiction. The appointment or promotion of a veteran or disabled 30 veteran or reservist as a result of additional credits shall be void if 31 such veteran or disabled veteran or reservist, prior to such appointment 32 or promotion, had been appointed or promoted as a result of additional 33 credits granted by this section. 34 § 2. This act shall take effect immediately.
