Bill Text: NY A07259 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides that the governmental agency shall notify any person on a special eligible list, in writing, that their name will remain on such list for two years after the termination of military duty and shall be removed at the end of the two year period unless such person requests to remain on such list.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A07259 Detail]

Download: New_York-2023-A07259-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7259

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 16, 2023
                                       ___________

        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee on Governmental Employees

        AN  ACT  to  amend the military law, in relation to the existing special
          eligible list for public employees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  7  of  section  243  of the military law, as
     2  amended by chapter 616 of the laws  of  1999,  is  amended  to  read  as
     3  follows:
     4    7.  Status of existing lists. Any person whose name is on any eligible
     5  list shall, while in military duty, retain [his] the rights  and  status
     6  on  such  list.  If  the  name of any such person is reached for certif-
     7  ication during [his] military duty, it shall  be  placed  on  a  special
     8  eligible list in the order of [his] original standing, provided [he] the
     9  person  makes  request  therefor following termination of [his] military
    10  duty and during the period of [his] eligibility on such list. Such  list
    11  shall  be certified before certification shall be made from a subsequent
    12  open competitive or promotion eligible list for  the  same  position  or
    13  from  the  original  eligible  list for such position. [Such names shall
    14  remain on such special eligible list for a period of two years after the
    15  termination of such military duty.] Upon being placed upon such  special
    16  eligible  list, the governmental agency or subdivision shall notify such
    17  person, in writing, that their name will remain  on  the  list  for  two
    18  years  after the termination of such military duty, and that unless such
    19  person makes a request to be placed and remain  upon  such  list  during
    20  this  two  year period, their name will be removed. Any such person thus
    21  appointed shall, for the  purpose  of  computing  seniority  credit  and
    22  training  and  experience credit for promotion and date of membership in
    23  the retirement system and  seniority  in  the  event  of  suspension  or
    24  demotion,  be  deemed  to  have been appointed on the earliest date upon
    25  which any eligible, who was the lower on such  original  eligible  list,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05530-02-3

        A. 7259                             2

     1  was  appointed,  provided, however that service credit shall be computed
     2  from the actual date of appointment. The retirement system contributions
     3  of any such person who made any contribution to  the  retirement  system
     4  pursuant  to  article  fourteen  or fifteen of the retirement and social
     5  security law, and who was appointed on  or  after  July  twenty-seventh,
     6  nineteen hundred seventy-six shall not be refunded.
     7    § 2. This act shall take effect immediately.
feedback