Bill Text: NY S05877 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to veterans' credits for civil service appointments and promotions; removes the time of war requirement for veterans to qualify for additional credit.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S05877 Detail]

Download: New_York-2017-S05877-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5877
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 4, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs
        AN ACT to amend the civil service law, in relation to veterans'  credits
          for civil service appointments and promotions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 85 of the civil  service  law,  as
     2  added  by  chapter  790 of the laws of 1958, paragraph (a) as amended by
     3  chapter 333 of the laws of 1993, paragraph (b) as amended by chapter 661
     4  of the laws of 1983, subparagraph 2 of paragraph (b) as amended by chap-
     5  ter 616 of the laws of 1995, subparagraph 3 of paragraph (b)  and  para-
     6  graph (c) as amended by chapter 467 of the laws of 1991 and subparagraph
     7  4  of  paragraph  (c)  as amended by chapter 179 of the laws of 2006, is
     8  amended to read as follows:
     9    1. Definitions. (a) The terms  "veteran"  and  "non-disabled  veteran"
    10  mean a member of the armed forces of the United States [who served ther-
    11  ein  in  time  of  war,]  who was honorably discharged or released under
    12  honorable circumstances from such service,  who  is  a  citizen  of  the
    13  United  States  or an alien lawfully admitted for permanent residence in
    14  the United States and who is a resident of the state of New York at  the
    15  time  of  application  for  appointment  or  promotion or at the time of
    16  retention, as the case may be.
    17    (b) The term "disabled veteran" means a veteran who  is  certified  by
    18  the  United  States veterans' administration or a military department as
    19  entitled to receive disability payments upon the certification  of  such
    20  veterans'  administration  or  a  military  department  for a disability
    21  incurred by him or her in [time of war] the course of his or her service
    22  and in existence at the time of application for appointment or promotion
    23  or at the time of retention, as the case may be. Such  disability  shall
    24  be  deemed to be in existence at the time of application for appointment
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09469-01-7
        S. 5877                             2
     1  or promotion or at the time of retention, as the case  may  be,  if  the
     2  certificate  of  such veterans' administration shall state affirmatively
     3  that such veteran has been examined by a medical officer of such  veter-
     4  ans'  administration  on  a  date  within one year of either the date of
     5  filing application for competitive examination for original  appointment
     6  or  promotion or the date of the establishment of the resulting eligible
     7  list or within one year of the time of retention, as the  case  may  be;
     8  that  at  the  time  of  such  examination the [war-incurred] disability
     9  described in such certificate was found to exist; and that such disabil-
    10  ity is rated at ten per centum or more. Such disability  shall  also  be
    11  deemed to be in existence at such time if the certificate of such veter-
    12  ans'  administration  shall  state affirmatively that a permanent stabi-
    13  lized condition of disability exists to an extent of ten per  centum  or
    14  more,  notwithstanding  the fact that such veteran has not been examined
    15  by a medical officer of such veterans' administration within one year of
    16  either the time of application for appointment or promotion or the  date
    17  of  filing application for competitive examination for original appoint-
    18  ment or promotion, or within one year of the time of retention,  as  the
    19  case may be. [The term "disabled veteran" shall also mean:
    20    (1) A veteran who served in world war I, who continued to serve in the
    21  armed  forces  of  the United States after the eleventh day of November,
    22  nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
    23  provided,  by  the  United  States veterans' administration as receiving
    24  disability payments upon the certification of  such  veterans'  adminis-
    25  tration  for  a  disability incurred by him in such service on or before
    26  the second day of July, nineteen hundred twenty-one.
    27    (2) A veteran who served in world war II, who continued  to  serve  in
    28  the armed forces of the United States after the second day of September,
    29  nineteen  hundred  forty-five,  or  who was employed by the War Shipping
    30  Administration or Office of Defense Transportation or their agents as  a
    31  merchant  seaman  documented by the United States Coast Guard or Depart-
    32  ment of Commerce, or as a civil servant employed by  the  United  States
    33  Army  Transport  Service  (later  redesignated as the United States Army
    34  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    35  Service; and who served satisfactorily as a crew member during the peri-
    36  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    37  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    38  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    39  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    40  to include "near foreign" voyages between the United States and  Canada,
    41  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    42  going  service  or  foreign waters and who has received a Certificate of
    43  Release or Discharge from Active Duty and a discharge certificate, or an
    44  Honorable Service Certificate/Report of Casualty, from the Department of
    45  Defense, or who served as a United States civilian employed by the Amer-
    46  ican Field Service and served overseas under United  States  Armies  and
    47  United  States  Army  Groups  in world war II during the period of armed
    48  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    49  eighth,  nineteen hundred forty-five, and who was discharged or released
    50  therefrom under honorable conditions, or who served as a  United  States
    51  civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
    52  can World Airways or one of  its  subsidiaries  or  its  affiliates  and
    53  served  overseas  as a result of Pan American's contract with Air Trans-
    54  port Command or Naval Air Transport Service during the period  of  armed
    55  conflict, December fourteenth, nineteen hundred forty-one through August
    56  fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or
        S. 5877                             3

     1  released therefrom under honorable conditions, and who is certified,  as
     2  hereinbefore  provided, by the United States veterans' administration as
     3  receiving disability payments upon the certification of  such  veterans'
     4  administration  for  a  disability incurred by him in such service on or
     5  before the date that world war II is declared terminated.
     6    (3) A veteran who served during hostilities  participated  in  by  the
     7  military  forces of the United States subsequent to June twenty-seventh,
     8  nineteen hundred fifty, and who continued to serve in the  armed  forces
     9  of  the  United  States  after the thirty-first day of January, nineteen
    10  hundred fifty-five, and who is certified, as hereinbefore  provided,  by
    11  the  United  States  veterans'  administration  as  receiving disability
    12  payments upon the certification of such veterans' administration  for  a
    13  disability incurred by him in such service.
    14    (c)  The  term  "time  of  war"  shall  include the following wars and
    15  hostilities for the periods and  based  upon  the  evidence  herein  set
    16  forth:
    17    (1)  World war I, from the sixth day of April, nineteen hundred seven-
    18  teen, to and including the eleventh day of  November,  nineteen  hundred
    19  eighteen.
    20    (2)  World  war II, from the seventh day of December, nineteen hundred
    21  forty-one, to and including the thirty-first day of  December,  nineteen
    22  hundred forty-six.
    23    (3)  Hostilities  participated in by the military forces of the United
    24  States, from the twenty-seventh day of June, nineteen hundred fifty,  to
    25  and  including  the thirty-first day of January, nineteen hundred fifty-
    26  five.
    27    (4) Hostilities participated in by the military forces of  the  United
    28  States,  from the twenty-eighth day of February, nineteen hundred sixty-
    29  one to the seventh day of May, nineteen hundred seventy-five.
    30    (5) Hostilities participated in by the military forces of  the  United
    31  States  in Lebanon, from the first day of June, nineteen hundred eighty-
    32  three to the first day of December, nineteen  hundred  eighty-seven,  as
    33  established by receipt of the armed forces expeditionary medal, the navy
    34  expeditionary medal, or the marine corps expeditionary medal.
    35    (6)  Hostilities  participated in by the military forces of the United
    36  States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
    37  hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
    38  hundred eighty-three, as established by  receipt  of  the  armed  forces
    39  expeditionary  medal,  the navy expeditionary medal, or the marine corps
    40  expeditionary medal.
    41    (7) Hostilities participated in by the military forces of  the  United
    42  States  in  Panama, from the twentieth day of December, nineteen hundred
    43  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
    44  as established by receipt of the armed forces expeditionary  medal,  the
    45  navy expeditionary medal, or the marine corps expeditionary medal.
    46    (8)  Hostilities  participated in by the military forces of the United
    47  States in the Persian Gulf, from the  second  day  of  August,  nineteen
    48  hundred ninety to the end of such hostilities.
    49    (d)]  (c)  The  term  "time of application for original appointment or
    50  promotion" shall mean the date of the establishment of an eligible  list
    51  resulting  from  a  competitive  examination for original appointment or
    52  promotion, as the case may be, which date shall be the date on which the
    53  term of such eligible list commences.
    54    [(e)] (d) The term "time of retention" shall mean the time  of  aboli-
    55  tion or elimination of positions.
    56    § 2. This act shall take effect immediately.