§ 86 — Transfer of veterans or exempt volunteer firefighters upon abolition of positions

New York § 86

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

Text

§ 86. Transfer of veterans or exempt volunteer firefighters upon\nabolition of positions. If the position in the non-competitive or in the\nlabor class held by any honorably discharged veteran of the armed forces\nof the United States or by any veteran of the armed forces of the United\nStates released under honorable circumstances from such service\nincluding (i) having a qualifying condition as defined in section one of\nthe veterans' services law, and receiving a discharge other than bad\nconduct or dishonorable from such service, or (ii) being a discharged\nLGBT veteran, as defined in section one of the veterans' services law,\nand receiving a discharge other than bad conduct or dishonorable from\nsuch service, who served therein in time of war as defined in section\neighty-five of this chapter, or by an exempt volunteer firefighter as\ndefined in the general municipal law, shall become unnecessary or be\nabolished for reasons of economy or otherwise, the honorably discharged\nveteran or exempt volunteer firefighter holding such position shall not\nbe discharged from the public service but shall be transferred to a\nsimilar position wherein a vacancy exists, and shall receive the same\ncompensation therein. It is hereby made the duty of all persons clothed\nwith the power of appointment to make such transfer effective. The right\nto transfer herein conferred shall continue for a period of one year\nfollowing the date of abolition of the position, and may be exercised\nonly where a vacancy exists in an appropriate position to which transfer\nmay be made at the time of demand for transfer. Where the positions of\nmore than one such veteran or exempt volunteer firefighter are abolished\nand a lesser number of vacancies in similar positions exist to which\ntransfer may be made, the veterans or exempt volunteer firefighters\nwhose positions are abolished shall be entitled to transfer to such\nvacancies in the order of their original appointment in the service.\nNothing in this section shall be construed to apply to the position of\nprivate secretary, cashier or deputy of any official or department. This\nsection shall have no application to persons encompassed by section\neighty-a of this chapter.\n