NY Civ Serv L § 85-B (2021)
2021 New York Laws CVS - Civil Service Article 6 - Special Rights for Veterans and Exempt Volunteer Firefighters 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 firefighters and  police  officers  killed  in  the  line  of  duty.  1. Definition.  As used in this section, "killed in the line of duty" shall mean having died in the performance of duty as the natural and proximate result of the World Trade  Center  attack  on  September  eleventh,  two thousand  one or as the natural and proximate result of participation in the rescue effort that was conducted in response to such attack.   2. Additional credit authorized. Additional credits shall  be  allowed children  and siblings of firefighters and police officers killed in the line of duty in competitive examinations for original  appointment.  (a) On all eligible lists resulting from competitive examinations, the names of  eligible  persons  shall be entered in the order of their respective final earned ratings on examinations, with  the  name  of  the  eligible person  with  the highest final earned ratings at the head of such list, provided, however, that for the  purpose  of  determining  final  earned ratings,  children  and  siblings  of  firefighters  and police officers killed in the line of duty shall be entitled to  receive  an  additional ten  points in a competitive examination for original appointment in the same municipality in which his or her parent or sibling has served.  (b) Such additional credit shall be added to the final  earned  rating of  such  child  or  sibling,  as  the  case may be, after he or she has qualified in the competitive examination and shall be  granted  only  at the time of establishment of the resulting eligible list.   3.   Application   for   additional   credit;  proof  of  eligibility; establishment of eligible list.  Any  candidate,  believing  himself  or herself  entitled  to  additional credit in a competitive examination as provided in this section,  may  make  application  for  such  additional credit  at  any  time  between  the  date  of his or her application for examination and the date of the establishment of the resulting  eligible list.  Such  candidates  shall  be allowed a period of not less than two months from the date of  the  filing  of  his  or  her  application  for examination  in  which to establish by appropriate documentary proof his or her eligibility to receive additional credit under this  section.  At any  time  after two months have elapsed since the final date for filing applications for a competitive examination for original appointment, the eligible list  resulting  from  such  examination  may  be  established, notwithstanding  the  fact  that  a child or sibling who has applied for additional credit has failed to establish  his  or  her  eligibility  to receive  such  additional credit. A candidate who fails to establish, by appropriate  documentary  proof,  his  or  her  eligibility  to  receive additional  credit by the time an eligible list is established shall not thereafter be granted additional credit on such eligible list.   4. Use of additional credit. (a) Except as otherwise provided in  this subdivision, no person who has received a permanent original appointment in  the  civil  service  of  the  state or of any city or civil division thereof from an eligible list  on  which  he  or  she  was  allowed  the additional  credit  granted by this section as a child or sibling, shall thereafter be entitled to any additional credit under this section as  a child or sibling.  (b)  Where,  at  the  time  of  establishment of an eligible list, the position of a child or sibling on such list has not been affected by the addition of credits granted under this section, the appointment of  such child  or  sibling  from  such eligible list shall not be deemed to have been made from an eligible list on which  he  or  she  was  allowed  the additional credit granted by this section.  (c)  If,  at the time of appointment from an eligible list, a child or sibling is in the same relative standing among the eligible persons  who are  willing  to accept appointment as if he or she had not been granted  the  additional  credits  as  provided  by  this  section,  his  or  her appointment  from such eligible persons shall not be deemed to have been made from an  eligible  list  on  which  he  or  she  was  allowed  such additional credits.  (d)  Where  a  child  or sibling has been originally appointed from an eligible list on which he or she was allowed such additional credit, but such appointment is thereafter terminated  either  at  the  end  of  the probationary  term  or  by  resignation  at  or  before  the  end of the probationary term, he or she shall not be deemed to have been appointed, as the case may be, from an eligible list on which he or she is  allowed additional  credit,  and  such  appointment  shall not affect his or her eligibility for additional credit in other examinations.   5.  Withdrawal  of  application;  election  to  relinquish  additional credit.     An  application  for  additional  credit  in  a  competitive examination under this section may be withdrawn by the applicant at  any time  prior  to the establishment of the resulting eligible list. At any time during the term of existence of an eligible list resulting  from  a competitive  examination  in  which  a child or sibling has received the additional credit granted by this section, such  child  or  sibling  may elect,  prior  to  permanent  original  appointment,  to  relinquish the additional credit theretofore granted to him or her and accept the lower position on such eligible list to which he or she would  otherwise  have been entitled; provided, however, that such election shall thereafter be irrevocable.   Such election shall be in writing and signed by the child or sibling,  and  transmitted  to  the  department  or  the  appropriate municipal civil service commission.   6.   Roster.  The  department  and  each  municipal  commission  shall establish and maintain in its office a roster of all such  children  and siblings  appointed  as  a  result of additional credits granted by this section to positions under its jurisdiction. The appointment of a  child or sibling as a result of additional credits shall be void if such child or sibling, prior to such appointment, had been appointed as a result of additional credits granted by this section.