§ 80 — Suspension or demotion upon the abolition or reduction of positions

New York § 80

• Jurisdiction: New York
• Law CVS: Civil Service
• Title C: Abolition of Positions; Suspension; Demotion
• Art. 5: Personnel Changes

Text

§ 80. Suspension or demotion upon the abolition or reduction of\npositions. 1. Suspension or demotion. Where, because of economy,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, positions in the competitive, noncompetitive or labor class\nare abolished or reduced in rank or salary grade, suspension or\ndemotion, as the case may be, among incumbents holding the same or\nsimilar positions in the same jurisdictional class shall be made in the\ninverse order of original appointment on a permanent basis in the\nclassified service in the service of the governmental jurisdiction in\nwhich such abolition or reduction of positions occurs, subject to the\nprovisions of subdivision seven of section eighty-five of this chapter;\nprovided, however, that the date of original appointment of any such\nincumbent who was transferred to such governmental jurisdiction from\nanother governmental jurisdiction upon the transfer of functions shall\nbe the date of original appointment on a permanent basis in the\nclassified service in the service of the governmental jurisdiction from\nwhich such transfer was made. Notwithstanding the provisions of this\nsubdivision, however, upon the abolition or reduction of positions in\nthe competitive, noncompetitive or labor class, incumbents holding the\nsame or similar positions in the same jurisdictional class who have not\ncompleted their probationary service shall be suspended or demoted, as\nthe case may be, before any permanent incumbents, and among such\nprobationary employees the order of suspension or demotion shall be\ndetermined as if such employees were permanent incumbents.\n 1-a. Notwithstanding the provisions of subdivision one of this\nsection, the members of a police or paid fire department in the city of\nBuffalo shall be subject to the following procedure. Where, because of\neconomy, consolidation or abolition of functions, curtailment of\nactivities or otherwise, positions in the competitive, noncompetitive or\nlabor class are abolished or reduced in rank or salary grade, suspension\nor demotion, as the case may be, among incumbents holding the same or\nsimilar positions in the same jurisdictional class shall be made in the\ninverse order of original appointment on a permanent basis in the grade\nor title in the service of the governmental jurisdiction in which such\nabolition or reduction of positions occurs, subject to the provisions of\nsubdivision seven of section eighty-five of this chapter.\nNotwithstanding the provisions of this subdivision, however, upon the\nabolition or reduction of positions in the competitive, noncompetitive\nor labor class, incumbents holding the same or similar positions in the\nsame jurisdictional who have not completed their probationary service\nshall be suspended or demoted, as the case may be, before any permanent\nincumbents, and among such probationary employees the order of\nsuspension or demotion shall be determined as if such employees were\npermanent incumbents.\n 1-b. Notwithstanding the provisions of subdivision one of this\nsection, employees of secure detention facilities in the city of New\nYork and of the alternatives to secure detention facilities program in\nsuch city who are performing functions which were assumed by the\ndepartment of social services of the city of New York on the tenth day\nof November, nineteen hundred seventy-one and who, upon such assumption\nwere transferred to said department, shall be subject to the following\nprocedure. Where, because of economy, consolidation or abolition of\nfunction, curtailment of activities or otherwise, positions in the\ncompetitive, noncompetitive or labor class are abolished, or reduced in\nrank or salary grade, suspension or demotion, as the case may be, among\nincumbents holding the same or similar positions in the same\njurisdictional class shall be made in the inverse order of original\nappointment on a permanent basis in the classified service in the\nservice of the governmental jurisdiction in which such abolition or\nreduction of positions occurs, subject to the provisions of subdivision\nseven of section eighty-five of this chapter; provided, however, that if\nany person so employed and so transferred was employed on a permanent\nbasis in such a facility or such program prior to the thirtieth day of\nDecember, nineteen hundred sixty-seven, for purposes of this subdivision\nregarding priority of retention and for no other purpose, the date of\noriginal appointment of any such person shall be deemed to be the date\nsuch permanent employment commenced prior to the said thirtieth day of\nDecember, nineteen hundred sixty-seven.\n 1-c. Notwithstanding the provisions of subdivision one of this\nsection, sworn employees of the Monroe county sheriff's department shall\nbe subject to the following procedure. Where, because of economy,\nconsolidation or abolition of function, curtailment of activities or\notherwise, positions in the competitive, noncompetitive or labor class\nare abolished, or reduced in rank or salary grade, suspension or\ndemotion, as the case may be, among incumbents holding the same or\nsimilar positions in the same jurisdictional class shall be made in the\ninverse order of original appointment on a permanent basis in the grade\nor title in the service of the governmental jurisdiction in which such\nabolition or reduction of positions occurs, subject to the provisions of\nsubdivision seven of section eighty-five of this chapter; provided,\nhowever, that if any person so employed was employed in such person's\ncurrent title prior to the first day of April, nineteen hundred\nninety-three, for purposes of this subdivision regarding priority of\nretention and for no other purpose, the date of original appointment of\nany such person shall be deemed to be the date such employment commenced\nprior to the said first day of April, nineteen hundred ninety-three.\n 1-d. Notwithstanding the provisions of subdivision one of this\nsection, the sworn members of the police force of the county of Nassau\nshall be subject to the following procedure. Where, because of economy,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, positions in the competitive, noncompetitive or labor class\nare abolished or reduced in rank or salary grade, suspension or\ndemotion, as the case may be, among incumbents holding the same or\nsimilar positions in the same jurisdictional class shall be made in the\ninverse order of original appointment on a permanent basis in the grade\nor title in the service of the governmental jurisdiction in which such\nabolition or reduction of positions occurs, subject to the provisions of\nsubdivision seven of section eighty-five of this chapter.\nNotwithstanding the provisions of this subdivision, however, upon the\nabolition or reduction of positions, those employees who have not\ncompleted their probationary service shall be suspended or demoted, as\nthe case may be, before any permanent incumbents, and among such\nprobationary employees the order of suspension or demotion shall be\ndetermined as if such employees were permanent incumbents.\n 1-e. Notwithstanding the provisions of subdivision one of this\nsection, the sworn members of the division of correction of the\nsheriff's department of the county of Nassau shall be subject to the\nfollowing procedure. Where, because of economy, consolidation or\nabolition of functions, curtailment of activities or otherwise,\npositions in the competitive class are abolished or reduced in rank or\nsalary grade, suspension or demotion, as the case may be, among\nincumbents holding the same or similar positions shall be made in the\ninverse order of the time served in the grade or title in the service of\nthe governmental jurisdiction in which such abolition or reduction of\npositions occurs, subject to the provisions of subdivision seven of\nsection eighty-five of this chapter. Provided, however, time in rank or\ngrade for the purposes of this subdivision shall only accrue\nprospectively from the effective date of this subdivision, and where\ntime in rank and grade for two or more individuals is identical, time in\nservice shall be used for the purposes of this procedure.\nNotwithstanding the provisions of this subdivision, however, upon the\nabolition or reduction of positions, those employees who have not\ncompleted their probationary service shall be suspended or demoted, as\nthe case may be, before any permanent incumbents, and among such\nprobationary employees the order of suspension or demotion shall be\ndetermined as if such employees were permanent incumbents.\n 1-f. Notwithstanding the provisions of subdivision one of this\nsection, the sworn members of any police agency as defined in section\neight hundred thirty-five of the executive law, other than police\nagencies referred to in subdivisions one-a through one-e of this section\nshall be subject to the following procedure. Where, because of economy,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, positions in the competitive class are abolished or reduced\nin rank or salary grade, suspension or demotion, as the case may be,\namong incumbents holding the same or similar positions shall be made in\nthe inverse order of original appointment on a permanent basis in the\ngrade or title in the service of the governmental jurisdiction in which\nsuch abolition or reduction of positions occurs, subject to the\nprovisions of subdivision seven of section eighty-five of this chapter;\nprovided, however, that the date of original appointment of any such\nincumbent who was transferred to such governmental jurisdiction from\nanother governmental jurisdiction upon the transfer of functions shall\nbe the date of original appointment on a permanent basis in the\nclassified service in the service of the governmental jurisdiction from\nwhich such transfer was made.\n Notwithstanding the provisions of this subdivision, however, upon the\nabolition or reduction of positions in the competitive class, incumbents\nholding the same or similar positions who have not completed their\nprobationary services shall be suspended or demoted, as the case may be,\nbefore any permanent incumbents, and among such probationary employees\nthe order of suspension or demotion shall be determined as if such\nemployees were permanent incumbents.\n 2. Continuous service. Except as otherwise provided herein, for the\npurposes of this section the original appointment of an incumbent shall\nmean the date of their first appointment on a permanent basis in the\nclassified service followed by continuous service in the classified\nservice on a permanent basis up to the time of the abolition or\nreduction of the competitive, noncompetitive or labor class positions.\nAn employee who has resigned and who has been reinstated or reappointed\nin the service within one year thereafter shall, for the purposes of\nthis section, be deemed to have continuous service. An employee who has\nbeen terminated because of a disability resulting from occupational\ninjury or disease as defined in the workers' compensation law and who\nhas been reinstated or reappointed in the service thereafter shall be\ndeemed to have continuous service. A period of employment on a temporary\nor provisional basis, or in the unclassified service, immediately\npreceded and followed by permanent service in the classified service,\nshall not constitute an interruption of continuous service for the\npurposes of this section; nor shall a period of leave of absence without\npay pursuant to law or the rules of the civil service commission having\njurisdiction, or any period during which an employee is suspended from\ntheir position pursuant to this section, constitute an interruption of\ncontinuous service for the purposes of this section.\n 3. Interrupted service. A state employee who has resigned and who has\nbeen reinstated or reappointed in the service more than one year\nthereafter shall be credited with any previous state service rendered\nprior to his or her resignation to which he or she would have been\nentitled for the purposes of this section but for such resignation;\nprovided, however, that any time out of the service exceeding three\nyears shall be subtracted from the employee's previous state service. In\nsuch instances, continuous service shall be deemed to have begun on the\ndate which precedes the otherwise applicable date for the commencement\nof continuous service by the period of actual creditable service\nprovided by this subdivision.\n 4. Units for suspension or demotion in civil divisions. Upon the\nabolition or reduction of positions in the service of a civil division,\nsuspension or demotion shall be made from among employees holding the\nsame or similar positions in the same jurisdictional class in the entire\ndepartment or agency within which such abolition or reduction of\npositions occurs. In a city having a population of one million or more,\nthe municipal civil service commission may, by rule, designate as\nseparate units for suspension and demotion under the provisions of this\nsection any hospital or institution or any division of any department or\nagency under its jurisdiction. Upon the abolition or reduction of\npositions in such service, suspension or demotion, as the case may be,\nshall be made from among employees holding the same or similar positions\nin the same jurisdictional class in the department wherein such\nabolition or reduction occurs, except that where such abolition or\nreduction occurs in such hospital or institution or division of a\ndepartment designated as a separate unit for suspension or demotion,\nsuspension or demotion shall be made from among incumbents holding the\nsame or similar positions in the same jurisdictional class in such\nseparate unit.\n 4-a. For purposes of determining units for suspension or demotion in\nthe city of Niagara Falls, the following three units shall be deemed to\nconstitute departments within the meaning of subdivision three above:\n(i) members of the police department employed as auxiliary policewomen,\npolice officers, police dispatchers or communications technicians,\npolice lieutenants, chief communications officer, or police captains;\n(ii) members of the fire department employed as firefighters, fire alarm\noperators, fire captains, battalion fire chiefs or master mechanic-chief\nof apparatus; and (iii) all other employees of the city of Niagara\nFalls, in the competitive class.\n 5. Units for suspension or demotion in the state service. The\npresident may, by regulation, designate as separate units for suspension\nor demotion under the provisions of this section any state hospital,\ninstitution or facility or any division of any state department or\nagency or specified hospitals, institutions and facilities of a single\nstate department or agency within a particular geographic area as\ndetermined by the president. Upon the abolition or reduction of\npositions in the same jurisdictional class in the state service,\nsuspension or demotion, as the case may be, shall be made from among\nemployees holding the same or similar positions in the department\nwherein such abolition or reduction occurs, except that where such\nabolition or reduction occurs in a separate unit for suspension or\ndemotion designated by regulation of the president, suspension or\ndemotion shall be made from among incumbents holding the same or similar\npositions in such separate unit.\n 6. Displacement in civil divisions. A permanent incumbent of a\nposition in a civil division in a specific title to which there is a\ndirect line of promotion who is suspended or displaced pursuant to this\nsection, together with all other such incumbents suspended or displaced\nat the same time, shall displace, in the inverse order of the order of\nsuspension or demotion prescribed in subdivisions one and two of this\nsection, incumbents serving in positions in the same layoff unit in the\nnext lower occupied title in direct line of promotion who shall be\ndisplaced in the order of suspension or demotion prescribed in\nsubdivisions one and two of this section; provided, however, that no\nincumbent shall displace any other incumbent having greater retention\nstanding in the same jurisdictional class. If a permanent incumbent of a\nposition in a civil division is suspended or displaced from a position\nin a title for which there are no lower level occupied positions in\ndirect line of promotion, they shall displace the incumbent with the\nleast retention right pursuant to subdivisions one and two of this\nsection who is serving in a position in the title in which the\ndisplacing incumbent last served on a permanent basis prior to service\nin one or more positions in the title from which they are suspended or\ndisplaced, if: (1) the service of the displacing incumbent while in such\nformer title was satisfactory and (2) the position of the junior\nincumbent is in (a) the competitive, noncompetitive or labor class, (b)\nthe layoff unit from which the displacing incumbent was suspended or\ndisplaced, and (c) a lower salary grade than the position from which the\ndisplacing incumbent is suspended or displaced; provided, however, that\nno incumbent shall displace any other incumbent having greater retention\nstanding in the same jurisdictional class. Refusal of appointment to a\nposition afforded by this subdivision constitutes waiver of rights under\nthis subdivision with respect to the suspension or displacement on\naccount of which the refused appointment is afforded. The municipal\ncivil service commission shall promulgate rules to implement this\nsubdivision including rules which may provide adjunctive opportunities\nfor displacement either to positions in direct line of promotion or to\nformerly held positions; provided, however, that no such rule shall\npermit an incumbent to displace any other incumbent having greater\nretention standing in the same jurisdictional class. For the purpose of\nacquiring preferred list rights, displacement pursuant to this\nsubdivision is the equivalent of suspension or demotion pursuant to\nsubdivision one of this section.\n 7. Displacement in the state service. A permanent incumbent of a\nposition in the state service in a specific title to which there is a\ndirect line of promotion who is suspended or displaced pursuant to this\nsection, together with all other such incumbents suspended or displaced\nat the same time, shall displace, in the inverse order of the order of\nsuspension or demotion prescribed in subdivisions one and two of this\nsection, incumbents serving in positions in the same layoff unit in the\nnext lower occupied title in direct line of promotion who shall be\ndisplaced in the order of suspension or demotion prescribed in\nsubdivisions one and two of this section; provided, however, that no\nincumbent shall displace any other incumbent having greater retention\nstanding in the same jurisdictional class. If a permanent incumbent of a\nposition in the state service is suspended or displaced from a position\nin a title for which there are no lower level occupied positions in\ndirect line of promotion, they shall displace the incumbent with the\nleast retention right pursuant to subdivisions one and two of this\nsection who is serving in a position in the title in which the\ndisplacing incumbent last served on a permanent basis prior to service\nin one or more positions in the title from which they are suspended or\ndisplaced, if: (1) the service of the displacing incumbent while in such\nformer title was satisfactory and (2) the position of the junior\nincumbent is in (a) the competitive, noncompetitive or labor class, (b)\nthe layoff unit from which the displacing incumbent was suspended or\ndisplaced, and (c) a lower salary grade than the position from which the\ndisplacing incumbent is suspended or displaced; provided, however, that\nno incumbent shall displace any other incumbent having greater retention\nstanding in the same jurisdictional class. Refusal of appointment to a\nposition afforded by this subdivision constitutes waiver of rights under\nthis subdivision with respect to the suspension or displacement on\naccount of which the refused appointment is afforded. The state civil\nservice commission shall promulgate rules to implement this subdivision\nincluding rules which may provide adjunctive opportunities for\ndisplacement either to positions in direct line of promotion or to\nformerly held positions; provided, however, that no such rule shall\npermit an incumbent to displace any other incumbent having greater\nretention standing in the same jurisdictional class. For the purpose of\nacquiring preferred list rights, displacement pursuant to this\nsubdivision is the equivalent of suspension or demotion pursuant to\nsubdivision one of this section.\n 7-a. Certain suspensions in cities of one million or more for reasons\nof economy. (a) Notwithstanding the provisions of any other general or\nlocal law, administrative code or ordinance to the contrary, in cities\nhaving a population of one million or more, any of the uniformed force\nof the department of sanitation of such city who was suspended on or\nafter July first, nineteen hundred ninety, because of economy measures\ntaken by such city and who returns to such service, shall be deemed to\nhave been in continuous service in determining length of service for\nretirement purposes if the duration of such suspension did not exceed\nthirty-three months; provided, however, that for retirement purposes, a\nmember receiving such service credit shall pay, by deductions from his\nor her compensation for each and every payroll period, subject to the\nmember contributions prescribed by subparagraph two of paragraph (b) of\nthis subdivision.\n (b) (1) Pursuant to such method of payment, such member shall pay, as\nadditional member contributions payable besides the ordinary member\ncontributions due for their current service:\n (A) the ordinary member contributions which would have been done for\nsuch period of suspension if they had actually been in service during\nsuch period; and\n (B) (if such member has elected the twenty-year retirement program\nprovided for by section six hundred four-a of the retirement and social\nsecurity law), the additional member contributions which they would have\nbeen required to make under the provisions of that section for the\nperiod from the starting date of such program to the date next preceding\nthe date on which such member became a participant in such retirement\nprogram, if they had become such a participant on such starting date;\nand\n (C) additional member contributions of two per centum of their\ncompensation for the period beginning with the first full payroll period\nwhich includes the date of enactment of this subdivision and ending on\nthe earlier of his or her date of retirement or their completion of\nthirty years of service.\n (2) The deduction for the additional contribution referred to in items\n(A) and (B) of subparagraph one of this paragraph shall be made in\naccordance with such equitable method and over such equitable period of\ntime as shall be prescribed by the executive director of the affected\nretirement system with the approval of its board of trustees.\n (3) The additional member contributions referred to in item (A) of\nsubparagraph one of this paragraph shall be paid into the retirement\nsystem's member contributions accumulation fund which is required to\nreceive the ordinary member contributions of such member. The additional\nmember contributions referred to in item (B) of such subparagraph shall\nbe paid into the contingent reserve fund of such retirement system and\nshall be subject to the provisions of such section six hundred four-a of\nthe retirement and social security law governing additional member\ncontributions. The additional member contributions referred to in item\n(C) of such subparagraph shall be paid into the contingent reserve fund\nof such retirement system and shall not be subject to any retirement\nsystem right or privilege of such member, unless such right or privilege\nis granted by other provisions of law which specifically refer to\nadditional member contributions made pursuant to this subdivision.\n (4) At any time prior to completion of the deduction for the\nadditional contributions referred to in items (A) and (B) of\nsubparagraph one of this paragraph, payment of the remainder of the\ntotal of such additional contribution due may be made in a lump sum,\nprovided further that such member shall pay into the contingent reserve\nfund of the retirement system two percent of his or her earnings in each\nyear until the earlier of his or her date of retirement or his or her\ncompletion of thirty years of service. In addition, if such member\nelected to be covered by the provisions of section six hundred four-a of\nthe retirement and social security law, he or she shall also pay into\nsuch contingent reserve fund the contributions that would have been\nrequired had he or she made such election as of the starting of the\ntwenty-year retirement program.\n 7-b. Certain suspensions in cities of one million or more for reasons\nof economy. (a) Notwithstanding the provisions of any other general or\nlocal law, administrative code or ordinance to the contrary, in cities\nhaving a population of one million or more, any member of the uniformed\nforce of the department of correction of such city who was suspended on\nor after May first, two thousand three, because of economy measures\ntaken by such city and who returns to such service prior to July first,\ntwo thousand four, shall be deemed to have been in continuous service in\ndetermining length of service for retirement purposes if the duration of\nsuch suspension did not exceed thirteen months; provided, however, that\nfor retirement purposes, a member receiving such service credit shall\npay, by deductions from his or her compensation, subject to the method\nprescribed by subparagraph two of paragraph (b) of this subdivision.\n (b)(1) Pursuant to such method of payment, such member shall pay, as\nadditional member contributions payable besides the ordinary member\ncontributions due for his or her current service:\n (A) the ordinary member contributions which would have been paid for\nsuch period of suspension if he or she had actually been in service\nduring such period; and\n (B) if such member is covered by the twenty-year retirement program\nprovided for by section five hundred four-a of the retirement and social\nsecurity law, the additional member contributions which he or she would\nhave been required to make under the provisions of that section for such\nperiod of suspension if he or she had actually been in service during\nsuch period.\n (2) The deduction for the additional contributions referred to in\nclauses (A) and (B) of subparagraph one of this paragraph shall be paid\nin accordance with such equitable method and over such equitable period\nof time as shall be prescribed by the executive director of the affected\nretirement system with the approval of its board of trustees.\n (3) The additional member contributions referred to in clause (A) of\nsubparagraph one of this paragraph shall be paid into the retirement\nsystem's member contributions accumulation fund which is required to\nreceive the ordinary member contributions of such member. The additional\nmember contributions referred to in clause (B) of such subparagraph\nshall be paid into the contingent reserve fund of such retirement system\nand shall be subject to the provisions of such section five hundred\nfour-a of the retirement and social security law governing additional\nmember contributions.\n (4) At any time prior to completion of the deduction for the\nadditional contributions referred to in clauses (A) and (B) of\nsubparagraph one of this paragraph, payment of the remainder of the\ntotal of such additional contributions due may be made in a lump sum. In\naddition, if such member is covered by the provisions of section five\nhundred four-a of the retirement and social security law, he or she\nshall also pay into the contingent reserve fund of the retirement system\nthe contributions required to be made pursuant to such section.\n 7-c. Certain suspensions in cities of one million or more for reasons\nof economy. (a) Notwithstanding the provisions of any other general or\nlocal law, administrative code or ordinance to the contrary, in cities\nhaving a population of one million or more, any employee in the title of\ncarpenter or supervisory carpenter of such city who was suspended on or\nafter June first, nineteen hundred ninety-one because of economy\nmeasures taken by such city and who returns to such service prior to\nJuly first, nineteen hundred ninety-three, shall be deemed to have been\nin continuous service in determining length of service for retirement\npurposes if the duration of such suspension did not exceed twenty-five\nmonths; provided, however, that for retirement purposes, a member\nreceiving such service credit shall pay, by deductions from his or her\ncompensation, subject to the method prescribed by subparagraph two of\nparagraph (b) of this subdivision.\n (b)(1) Pursuant to such method of payment, such member shall pay the\nordinary member contributions due for his or her current service which\nwould have been paid for such period of suspension if he or she had\nactually been in service during such period.\n (2) The deduction for the additional contributions referred to in\nsubparagraph one of this paragraph shall be paid in accordance with such\nequitable method and over such equitable period of time as shall be\nprescribed by the executive director of the affected retirement system\nwith the approval of its board of trustees.\n (3) The additional member contributions referred to in subparagraph\none of this paragraph shall be paid into the retirement system's member\ncontributions accumulation fund which is required to receive the\nordinary member contributions of such member.\n (4) At any time prior to completion of the deduction for the\nadditional contributions referred to in subparagraph one of this\nparagraph, payment of the remainder of the total of such additional\ncontributions due may be made in a lump sum.\n 7-d. Certain suspensions in cities of one million or more for reasons\nof economy. (a) Notwithstanding the provisions of any other general or\nlocal law, administrative code or ordinance to the contrary, in cities\nhaving a population of one million or more, any employee of the\ndepartment of parks of such city who had been employed as a climber and\npruner who was suspended on or after July first, nineteen hundred\nninety-one, because of economy measures taken by such city and who\nreturned to such service prior to July first, nineteen hundred\nninety-five, shall be deemed to have been in continuous service in\ndetermining length of service for retirement purposes if the duration of\nsuch suspension did not exceed twenty-five months; provided, however,\nthat for retirement purposes, a member receiving such service credit\nshall pay, by deductions from his or her compensation for each and every\npayroll period, subject to the member contributions prescribed by\nsubparagraph two of paragraph (b) of this subdivision.\n (b) (1) Pursuant to such method of payment, such member shall pay, as\nadditional member contributions payable besides the ordinary member\ncontributions due for his or her current service:\n (A) the ordinary member contributions which would have been paid for\nsuch period of suspension if he or she had actually been in service\nduring such period; and\n (B) if such member is covered by the optional twenty-five year early\nretirement program for certain New York city members provided by section\nsix hundred four-c of the retirement and social security law, as added\nby chapter ninety-six of the laws of nineteen hundred ninety-five, the\nadditional member contributions which he or she would have been required\nto make under the provisions of that section for such period of\nsuspension if he or she had actually been in service during such period.\n (2) The deduction for the additional contribution referred to in items\n(A) and (B) of subparagraph one of this paragraph shall be paid in\naccordance with such equitable method and over such equitable period of\ntime as shall be prescribed by the executive director of the affected\nretirement system with the approval of its board of trustees.\n (3) The additional member contributions referred to in item (A) of\nsubparagraph one of this paragraph shall be paid into the retirement\nsystem's member contributions accumulation fund which is required to\nreceive the ordinary member contributions of such member. The additional\nmember contributions referred to in item (B) of such subparagraph shall\nbe paid into the contingent reserve fund of such retirement system and\nshall be subject to the provisions of section six hundred four-c of the\nretirement and social security law, as added by chapter ninety-six of\nthe laws of nineteen hundred ninety-five, governing additional member\ncontributions.\n (4) At any time prior to completion of the deduction for the\nadditional contributions referred to in items (A) and (B) of\nsubparagraph one of this paragraph, payment of the remainder of the\ntotal of such additional contribution due may be made in a lump sum. In\naddition, if such member is covered by the provisions of section six\nhundred four-c of the retirement and social security law, as added by\nchapter ninety-six of the laws of nineteen hundred ninety-five, he or\nshe shall also pay into such contingent reserve fund the contributions\nrequired to be made pursuant to this section.\n 8. Certain suspensions in cities of one million or more for reasons of\neconomy. Notwithstanding the provisions of any other general or local\nlaw, administrative code or ordinance, in cities having a population of\none million or more, any member employed in the uniformed or\nnon-uniformed services of such city who was suspended on or after July\nfirst, nineteen hundred seventy-five, because of economy measures taken\nby such city, and who returns to such service, shall be deemed to have\nbeen in continuous service in determining seniority and length of\nservice regardless of the duration of such suspension; provided,\nhowever, that for retirement purposes, a member receiving such service\ncredit shall pay into the annuity savings fund of the retirement system\nthe amount of the employee contributions required to have been paid into\nthe retirement system for such service, within one year after this\nsubdivision shall have taken effect. For the purposes of this\nsubdivision "uniformed services" shall mean and include any uniformed\nforce or service the members of which are paid in whole or part by such\ncity.\n 9. Certain suspensions or demotions in the city of Niagara Falls.\nNotwithstanding the provisions of subdivision one of this section, the\nmembers of a paid fire department in the city of Niagara Falls shall be\nsubject to the following procedure. Where, because of economy,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, positions in the competitive class are, noncompetitive or\nlabor abolished or reduced in rank or salary grade, suspension or\ndemotion, as the case may be, among incumbents holding the same or\nsimilar positions in the same jurisdictional class shall be made in the\ninverse order of original appointment on a permanent basis in the grade\nor title in the service of the governmental jurisdiction in which such\nabolition or reduction of positions occurs, subject to the provisions of\nsubdivision seven of section eighty-five of this chapter.\nNotwithstanding the provisions of this subdivision, however, upon the\nabolition or reduction of positions in the competitive, noncompetitive\nor labor class, incumbents holding the same or similar positions in the\nsame jurisdictional class who have not completed their probationary\nservice shall be suspended or demoted, as the case may be, before any\npermanent incumbents, and among such probationary employees the order of\nsuspension or demotion shall be determined as if such employees were\npermanent incumbents.\n * 10. (a) The use of artificial intelligence systems as defined by\nsection one hundred three-e of the state technology law and automated\ndecision-making tools as defined by section five hundred one of the\nstate technology law shall not affect (i) the existing rights of\nemployees pursuant to an existing collective bargaining agreement, or\n(ii) the existing representational relationships among employee\norganizations or the bargaining relationships between the employer and\nan employee organization.\n (b) The use of such artificial intelligence systems and automated\ndecision-making tools shall not result in the: (i) discharge,\ndisplacement or loss of position, including partial displacement such as\na reduction in the hours of non-overtime work, wages, or employment\nbenefits, or result in the impairment of existing collective bargaining\nagreements; or\n (ii) transfer of existing duties and functions currently performed by\nemployees of the state or any agency or public authority thereof to an\nartificial intelligence system or automated decision-making tool.\n (c) The use of such artificial intelligence system and automated\ndecision-making tool shall not alter the rights or benefits, and\nprivileges, including but not limited to terms and conditions of\nemployment, civil service status, and collective bargaining unit\nmembership status of all existing employees of the state or any agency\nor public authority thereof shall be preserved and protected.\n * NB Repealed July 1, 2028\n * NB There are 2 sb 10's\n * 10. Effect of collective bargaining agreements. Nothing contained in\nthis section shall modify, replace or supersede any provision of a\ncollective bargaining agreement that provides for greater rights than\nrequired by this section.\n * NB There are 2 sb 10's\n