§ 85 — Additional credit allowed veterans in competitive examinations; preference in retention upon abolition of positions

New York § 85

• Jurisdiction: New York
• Law CVS: Civil Service
• Art. 6: Special Rights For Veterans and Exempt Volunteer Firefighters

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§ 85. Additional credit allowed veterans in competitive examinations;\npreference in retention upon abolition of positions. 1. Definitions.\n(a) The terms "veteran" and "non-disabled veteran" mean a member of the\narmed forces of the United States who was honorably discharged or\nreleased under honorable circumstances from such service including (i)\nhaving a qualifying condition as defined in section one of the veterans'\nservices law, and receiving a discharge other than bad conduct or\ndishonorable from such service, or (ii) being a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and receiving a\ndischarge other than bad conduct or dishonorable from such service, who\nis a citizen of the United States or a noncitizen lawfully admitted for\npermanent residence in the United States and who is a resident of the\nstate of New York at the time of application for appointment or\npromotion or at the time of retention, as the case may be.\n (b) The term "disabled veteran" means a veteran who is certified by\nthe United States veterans' administration or a military department as\nentitled to receive disability payments upon the certification of such\nveterans' administration or a military department for a disability\nincurred by him or her in the course of his or her service and in\nexistence at the time of application for appointment or promotion or at\nthe time of retention, as the case may be. Such disability shall be\ndeemed to be in existence at the time of application for appointment or\npromotion or at the time of retention, as the case may be, if the\ncertificate of such veterans' administration shall state affirmatively\nthat such veteran has been examined by a medical officer of such\nveterans' administration on a date within one year of either the date of\nfiling application for competitive examination for original appointment\nor promotion or the date of the establishment of the resulting eligible\nlist or within one year of the time of retention, as the case may be;\nthat at the time of such examination the disability described in such\ncertificate was found to exist; and that such disability is rated at ten\nper centum or more. Such disability shall also be deemed to be in\nexistence at such time if the certificate of such veterans'\nadministration shall state affirmatively that a permanent stabilized\ncondition of disability exists to an extent of ten per centum or more,\nnotwithstanding the fact that such veteran has not been examined by a\nmedical officer of such veterans' administration within one year of\neither the time of application for appointment or promotion or the date\nof filing application for competitive examination for original\nappointment or promotion, or within one year of the time of retention,\nas the case may be.\n (c) The term "time of application for original appointment or\npromotion" shall mean the date of the establishment of an eligible list\nresulting from a competitive examination for original appointment or\npromotion, as the case may be, which date shall be the date on which the\nterm of such eligible list commences.\n (d) The term "time of retention" shall mean the time of abolition or\nelimination of positions.\n 2. Additional credits in competitive examinations for original\nappointment or promotion.\n (a) On all eligible lists resulting from competitive examinations, the\nnames of eligibles shall be entered in the order of their respective\nfinal earned ratings on examination, with the name of the eligible with\nthe highest final earned rating at the head of such list, provided,\nhowever, that for the purpose of determining final earned ratings,\n (1) Disabled veterans shall be entitled to receive ten points\nadditional in a competitive examination for original appointment and\nfive points additional credit in a competitive examination for\npromotion, and\n (2) Non-disabled veterans shall be entitled to receive five points\nadditional credit in a competitive examination for original appointment\nand two and one-half points additional credit in a competitive\nexamination for promotion.\n (b) Such additional credit shall be added to the final earned rating\nof such disabled veteran or non-disabled veteran, as the case may be,\nafter he or she has qualified in the competitive examination and shall\nbe granted only at the time of establishment of the resulting eligible\nlist.\n 3. Application for additional credit; proof of eligibility;\nestablishment of eligible list. Any candidate, believing himself\nentitled to additional credit in a competitive examination as provided\nherein, may make application for such additional credit at any time\nbetween the date of his application for examination and the date of the\nestablishment of the resulting eligible list. Such candidates shall be\nallowed a period of not less than two months from the date of the filing\nof his application for examination in which to establish by appropriate\ndocumentary proof his eligibility to receive additional credit under\nthis section. At any time after two months have elapsed since the final\ndate for filing applications for a competitive examination for original\nappointment or promotion, the eligible list resulting from such\nexamination may be established, notwithstanding the fact that a veteran\nor disabled veteran who has applied for additional credit has failed to\nestablish his eligibility to receive such additional credit. A candidate\nwho fails to establish, by appropriate documentary proof, his\neligibility to receive additional credit by the time an eligible list is\nestablished shall not thereafter be granted additional credit on such\neligible list.\n 4. Use of additional credit. (a) Except as herein otherwise provided,\nno person who has received a permanent original appointment or a\npermanent promotion in the civil service of the state or of any city or\ncivil division thereof from an eligible list on which he was allowed the\nadditional credit granted by this section, either as a veteran or\ndisabled veteran, shall thereafter be entitled to any additional credit\nunder this section either as a veteran or a disabled veteran.\n (b) Where, at the time of establishment of an eligible list, the\nposition of a veteran or disabled veteran on such list has not been\naffected by the addition of credits granted under this section, the\nappointment or promotion of such veteran or disabled veteran, as the\ncase may be, from such eligible list shall not be deemed to have been\nmade from an eligible list on which he was allowed the additional credit\ngranted by this section.\n (c) If, at the time of appointment from an eligible list, a veteran or\ndisabled veteran is in the same relative standing among the eligibles\nwho are willing to accept appointment as if he had not been granted the\nadditional credits provided by this section, his appointment from among\nsuch eligibles shall not be deemed to have been made from an eligible\nlist on which he was allowed such additional credits.\n (d) Where a veteran or disabled veteran has been originally appointed\nor promoted from an eligible list on which he was allowed additional\ncredit, but such appointment or promotion is thereafter terminated\neither at the end of the probationary term or by resignation at or\nbefore the end of the probationary term, he shall not be deemed to have\nbeen appointed or promoted, as the case may be, from an eligible list on\nwhich he was allowed additional credit, and such appointment or\npromotion shall not affect his eligibility for additional credit in\nother examinations.\n 5. Withdrawal of application; election to relinquish additional\ncredit. An application for additional credit in a competitive\nexamination under this section may be withdrawn by the applicant at any\ntime prior to the establishment of the resulting eligible list. At any\ntime during the term of existence of an eligible list resulting from a\ncompetitive examination in which a veteran or disabled veteran has\nreceived the additional credit granted by this section, such veteran or\ndisabled veteran may elect, prior to permanent original appointment or\npermanent promotion, to relinquish the additional credit theretofore\ngranted to him and accept the lower position on such eligible list to\nwhich he would otherwise have been entitled; provided, however, that\nsuch election shall thereafter be irrevocable. Such election shall be in\nwriting and signed by the veteran or disabled veteran, and transmitted\nto the state civil service department or the appropriate municipal civil\nservice commission.\n 6. Roster. The state civil service department and each municipal\ncommission shall establish and maintain in its office a roster of all\nveterans and disabled veterans appointed or promoted as a result of\nadditional credits granted by this section to positions under its\njurisdiction. The appointment or promotion of a veteran or disabled\nveteran as a result of additional credits shall be void if such veteran\nor disabled veteran, prior to such appointment or promotion, had been\nappointed or promoted as a result of additional credits granted by this\nsection.\n 7. Preference in retention upon the abolition of positions. In the\nevent of the abolition or elimination of any position in the civil\nservice, any suspension, demotion or displacement shall be made in the\ninverse order of the date of original appointment in the service subject\nto the following conditions: (1) blind employees shall be granted\nabsolute preference in retention; (2) the date of such original\nappointment for disabled veterans shall be deemed to be sixty months\nearlier than the actual date, determined in accordance with section\nthirty of the general construction law; (3) the date of such original\nappointment for non-disabled veterans shall be deemed to be thirty\nmonths earlier than the actual date, determined in accordance with\nsection thirty of the general construction law; (4) no permanent\ncompetitive class employee subject to the jurisdiction of the civil\nservice commission of the city of New York who receives an injury in the\nline of duty, as defined in this paragraph, which requires immediate\nhospitalization, and which is not compensable through workers'\ncompensation may be suspended, demoted or displaced pursuant to section\neighty of this chapter within three months of the date of their\nconfinement, provided that medical authorities approved by such\ncommission shall certify that the employee is not able to perform the\nduties of their position; provided further, that such three-month period\nmay be extended by such commission for additional periods not to exceed\none year each upon the certification of medical authorities selected by\nsuch commission that the employee is, as a result of their injury, still\nnot able to perform the duties of their position. An injury in the line\nof duty, as used herein, shall be construed to mean an injury which is\nincurred as a direct result of the lawful performance of the duties of\nthe position. In determining whether an injury was received in the line\nof duty, such commission shall require the head of the agency by which\nthe employee is employed to certify that the injury was received as a\ndirect result of the lawful performance of the employee's duties; and\n(5) the spouse of a veteran with one hundred percent service connected\ndisability shall be deemed to be sixty months earlier than the actual\ndate, determined in accordance with section thirty of the general\nconstruction law, provided, the spouse is domiciled with the\nveteran-spouse and is the head of the household. This section shall not\nbe construed as conferring any additional benefit upon such employee\nother than a preference in retention. Such employee shall be subject to\ntransfer upon the abolition of their function within their agency or\ndepartment.\n 7-a. For the purpose of subdivision seven of this section, the terms\n"date of original appointment" and "date of original appointment in the\nservice" shall mean, for persons subject to subdivisions one-a and one-c\nof section eighty of this chapter, the date of original appointment on a\npermanent basis in the grade or title in the service of the governmental\njurisdiction in which such abolition or reduction occurs.\n 8. Penalty for denial of preference in retention. A refusal to allow\nthe preference in retention provided for in this section to any veteran\nor disabled veteran, or a reduction of his compensation intended to\nbring about his resignation shall be deemed a misdemeanor, and any such\nveteran or disabled veteran shall have a right of action therefor in any\ncourt of competent jurisdiction for damages and for righting the wrong.\n