§ 85-B — Additional credits allowed children and siblings of firefighters and police officers killed in the line of duty

§ 85-b. Additional credits allowed children and siblings of\nfirefighters and police officers killed in the line of duty. 1.\nDefinition. As used in this section, "killed in the line of duty" shall\nmean having died in the performance of duty as the natural and proximate\nresult of the World Trade Center attack on September eleventh, two\nthousand one or as the natural and proximate result of participation in\nthe rescue effort that was conducted in response to such attack.\n 2. Additional credit authorized. Additional credits shall be allowed\nchildren and siblings of firefighters and police officers killed in the\nline of duty in competitive examinations for original appointment. (a)\nOn all eligible lists resulting from competitive examinations, the names\nof eligible persons shall be entered in the order of their respective\nfinal earned ratings on examinations, with the name of the eligible\nperson with the highest final earned ratings at the head of such list,\nprovided, however, that for the purpose of determining final earned\nratings, children and siblings of firefighters and police officers\nkilled in the line of duty shall be entitled to receive an additional\nten points in a competitive examination for original appointment in the\nsame municipality in which his or her parent or sibling has served.\n (b) Such additional credit shall be added to the final earned rating\nof such child or sibling, as the case may be, after he or she has\nqualified in the competitive examination and shall be granted only at\nthe time of establishment of the resulting eligible list.\n 3. Application for additional credit; proof of eligibility;\nestablishment of eligible list. Any candidate, believing himself or\nherself entitled to additional credit in a competitive examination as\nprovided in this section, may make application for such additional\ncredit at any time between the date of his or her application for\nexamination and the date of the establishment of the resulting eligible\nlist. Such candidates shall be allowed a period of not less than two\nmonths from the date of the filing of his or her application for\nexamination in which to establish by appropriate documentary proof his\nor her eligibility to receive additional credit under this section. At\nany time after two months have elapsed since the final date for filing\napplications for a competitive examination for original appointment, the\neligible list resulting from such examination may be established,\nnotwithstanding the fact that a child or sibling who has applied for\nadditional credit has failed to establish his or her eligibility to\nreceive such additional credit. A candidate who fails to establish, by\nappropriate documentary proof, his or her eligibility to receive\nadditional credit by the time an eligible list is established shall not\nthereafter be granted additional credit on such eligible list.\n 4. Use of additional credit. (a) Except as otherwise provided in this\nsubdivision, no person who has received a permanent original appointment\nin the civil service of the state or of any city or civil division\nthereof from an eligible list on which he or she was allowed the\nadditional credit granted by this section as a child or sibling, shall\nthereafter be entitled to any additional credit under this section as a\nchild or sibling.\n (b) Where, at the time of establishment of an eligible list, the\nposition of a child or sibling on such list has not been affected by the\naddition of credits granted under this section, the appointment of such\nchild or sibling from such eligible list shall not be deemed to have\nbeen made from an eligible list on which he or she was allowed the\nadditional credit granted by this section.\n (c) If, at the time of appointment from an eligible list, a child or\nsibling is in the same relative standing among the eligible persons who\nare willing to accept appointment as if he or she had not been granted\nthe additional credits as provided by this section, his or her\nappointment from such eligible persons shall not be deemed to have been\nmade from an eligible list on which he or she was allowed such\nadditional credits.\n (d) Where a child or sibling has been originally appointed from an\neligible list on which he or she was allowed such additional credit, but\nsuch appointment is thereafter terminated either at the end of the\nprobationary term or by resignation at or before the end of the\nprobationary term, he or she shall not be deemed to have been appointed,\nas the case may be, from an eligible list on which he or she is allowed\nadditional credit, and such appointment shall not affect his or her\neligibility for additional credit in other 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 child or sibling has received the\nadditional credit granted by this section, such child or sibling may\nelect, prior to permanent original appointment, to relinquish the\nadditional credit theretofore granted to him or her and accept the lower\nposition on such eligible list to which he or she would otherwise have\nbeen entitled; provided, however, that such election shall thereafter be\nirrevocable. Such election shall be in writing and signed by the child\nor sibling, and transmitted to the department or the appropriate\nmunicipal civil service commission.\n 6. Roster. The department and each municipal commission shall\nestablish and maintain in its office a roster of all such children and\nsiblings appointed as a result of additional credits granted by this\nsection to positions under its jurisdiction. The appointment of a child\nor sibling as a result of additional credits shall be void if such child\nor sibling, prior to such appointment, had been appointed as a result of\nadditional credits granted by this section.\n