NY Civ Serv L § 85 (2021)
2021 New York Laws CVS - Civil Service Article 6 - Special Rights for Veterans and Exempt Volunteer Firefighters 85 - Additional Credit Allowed Veterans in Competitive Examinations; Preference in Retention Upon Abolition of Positions.

§ 85. Additional  credit allowed veterans in competitive examinations; preference in retention upon abolition of positions. 1. Definitions. (a) The terms "veteran" and "non-disabled veteran"  mean  a  member  of  the armed  forces  of  the  United  States  who  was honorably discharged or released under honorable circumstances from such service  including  (i) having  a qualifying condition as defined in section three hundred fifty of the executive law, and receiving a discharge other than  bad  conduct or  dishonorable  from  such  service,  or  (ii) being a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and receiving a discharge other than bad conduct  or  dishonorable  from such service, who is a citizen of the United States or an alien lawfully admitted  for  permanent  residence  in  the  United States and who is a resident of the state of  New  York  at  the  time  of  application  for appointment  or  promotion  or at the time of retention, as the case may be.  (b) The term "disabled veteran" means a veteran who  is  certified  by the  United  States veterans' administration or a military department as entitled to receive disability payments upon the certification  of  such veterans'  administration  or  a  military  department  for a disability incurred by him or her in the course  of  his  or  her  service  and  in existence  at the time of application for appointment or promotion or at the time of retention, as the case may  be.  Such  disability  shall  be deemed  to be in existence at the time of application for appointment or promotion or at the time of retention,  as  the  case  may  be,  if  the certificate  of  such veterans' administration shall state affirmatively that such veteran has  been  examined  by  a  medical  officer  of  such veterans' administration on a date within one year of either the date of filing  application for competitive examination for original appointment or promotion or the date of the establishment of the resulting  eligible list  or  within  one year of the time of retention, as the case may be; that at the time of such examination the disability  described  in  such certificate was found to exist; and that such disability is rated at ten per  centum  or  more.  Such  disability  shall  also be deemed to be in existence  at  such  time  if  the   certificate   of   such   veterans' administration  shall  state  affirmatively  that a permanent stabilized condition of disability exists to an extent of ten per centum  or  more, notwithstanding  the  fact  that such veteran has not been examined by a medical officer of such veterans'  administration  within  one  year  of either  the time of application for appointment or promotion or the date of  filing  application  for  competitive   examination   for   original appointment  or  promotion, or within one year of the time of retention, as the case may be.  (c)  The  term  "time  of  application  for  original  appointment  or promotion"  shall mean the date of the establishment of an eligible list resulting from a competitive examination  for  original  appointment  or promotion, as the case may be, which date shall be the date on which the term of such eligible list commences.  (d)  The  term "time of retention" shall mean the time of abolition or elimination of positions.   2.  Additional  credits  in  competitive  examinations  for   original appointment or promotion.  (a) On all eligible lists resulting from competitive examinations, the names  of  eligibles  shall  be entered in the order of their respective final earned ratings on examination, with the name of the eligible  with the  highest  final  earned  rating  at the head of such list, provided, however, that for the purpose of determining final earned ratings,  (1)  Disabled  veterans  shall  be  entitled  to  receive  ten  points additional  in  a  competitive  examination for original appointment and  five  points  additional  credit  in  a  competitive   examination   for promotion, and  (2)  Non-disabled  veterans  shall  be entitled to receive five points additional credit in a competitive examination for original  appointment and   two  and  one-half  points  additional  credit  in  a  competitive examination for promotion.  (b) Such additional credit shall be added to the final  earned  rating of  such  disabled  veteran or non-disabled veteran, 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 entitled to additional credit in a competitive examination  as  provided herein,  may  make  application  for  such additional credit at any time between the date of his 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 application for examination in which to establish by  appropriate documentary  proof  his  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  or  promotion,  the  eligible  list  resulting  from   such examination  may be established, notwithstanding the fact that a veteran or disabled veteran who has applied for additional credit has failed  to establish his eligibility to receive such additional credit. A candidate who   fails   to   establish,  by  appropriate  documentary  proof,  his 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 herein otherwise provided, no person who  has  received  a  permanent  original  appointment  or  a permanent  promotion in the civil service of the state or of any city or civil division thereof from an eligible list on which he was allowed the additional credit granted by  this  section,  either  as  a  veteran  or disabled  veteran, shall thereafter be entitled to any additional credit under this section either as a veteran or a disabled veteran.  (b) Where, at the time of  establishment  of  an  eligible  list,  the position  of  a  veteran  or  disabled veteran on such list has not been affected by the addition of credits  granted  under  this  section,  the appointment  or  promotion  of  such veteran or disabled veteran, as the case may be, from such eligible list shall not be deemed  to  have  been made from an eligible list on which he was allowed the additional credit granted by this section.  (c) If, at the time of appointment from an eligible list, a veteran or disabled  veteran  is  in the same relative standing among the eligibles who are willing to accept appointment as if he had not been granted  the additional  credits provided by this section, his appointment from among such eligibles shall not be deemed to have been made  from  an  eligible list on which he was allowed such additional credits.  (d)  Where a veteran or disabled veteran has been originally appointed or promoted from an eligible list on which  he  was  allowed  additional credit,  but  such  appointment  or  promotion  is thereafter terminated either at the end of the probationary  term  or  by  resignation  at  or before  the end of the probationary term, he shall not be deemed to have been appointed or promoted, as the case may be, from an eligible list on which  he  was  allowed  additional  credit,  and  such  appointment  or  promotion  shall  not  affect  his  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  veteran  or  disabled  veteran  has received  the additional credit granted by this section, such veteran or disabled veteran may elect, prior to permanent original  appointment  or permanent  promotion,  to  relinquish  the additional credit theretofore granted to him and accept the lower position on such  eligible  list  to which  he  would  otherwise  have been entitled; provided, however, that such election shall thereafter be irrevocable. Such election shall be in writing and signed by the veteran or disabled veteran,  and  transmitted to the state civil service department or the appropriate municipal civil service commission.   6.  Roster.  The  state  civil  service  department and each municipal commission shall establish and maintain in its office a  roster  of  all veterans  and  disabled  veterans  appointed  or promoted as a result of additional credits granted  by  this  section  to  positions  under  its jurisdiction.  The  appointment  or  promotion  of a veteran or disabled veteran as a result of additional credits shall be void if such  veteran or  disabled  veteran,  prior to such appointment or promotion, had been appointed or promoted as a result of additional credits granted by  this section.   7.  Preference  in  retention  upon the abolition of positions. In the event of the abolition or elimination  of  any  position  in  the  civil service  for  which  eligible  lists are established or any position the incumbent of which is encompassed by section eighty-a of  this  chapter, any  suspension,  demotion  or displacement shall be made in the inverse order of the date of original appointment in the service subject to  the following  conditions:  (1)  blind  employees  shall be granted absolute preference in retention; (2) the date of such original  appointment  for disabled  veterans  shall  be deemed to be sixty months earlier than the actual date, determined in accordance with section thirty of the general construction  law;  (3)  the  date  of  such  original  appointment  for non-disabled  veterans  shall be deemed to be thirty months earlier than the actual date, determined in accordance with  section  thirty  of  the general  construction  law;  (4) no permanent competitive class employee subject to the jurisdiction of the civil service commission of the  city of  New  York  who receives an injury in the line of duty, as defined in this paragraph, which requires immediate hospitalization, and  which  is not compensable through workmen's compensation may be suspended, demoted or  displaced  pursuant  to  section eighty of this chapter within three months of the date of his confinement, provided that medical authorities approved by such commission shall certify that the employee is not  able to  perform  the  duties  of  his  position; provided further, that such three-month period may be extended by  such  commission  for  additional periods  not  to  exceed one year each upon the certification of medical authorities selected by such commission  that  the  employee  is,  as  a result  of  his  injury,  still  not  able  to perform the duties of his position. An injury in the line  of  duty,  as  used  herein,  shall  be construed  to mean an injury which is incurred as a direct result of the lawful performance of the duties of the position. In determining whether an injury was received in  the  line  of  duty,  such  commission  shall require  the  head  of  the  agency by which the employee is employed to certify that the injury was received as a direct result  of  the  lawful  performance  of  the  employee's duties; and (5) the spouse of a veteran with one hundred percent service connected disability shall be deemed to be sixty months earlier than the actual date, determined  in  accordance with  section  thirty  of  the  general  construction law, provided, the spouse is domiciled with the veteran-spouse  and  is  the  head  of  the household.  This  section  shall  not  be  construed  as  conferring any additional benefit  upon  such  employee  other  than  a  preference  in retention. Such employee shall be subject to transfer upon the abolition of his function within his agency or department.   7-a.  For  the purpose of subdivision seven of this section, the terms "date of original appointment" and "date of original appointment in  the service" shall mean, for persons subject to subdivisions one-a and one-c of section eighty of this chapter, the date of original appointment on a permanent basis in the grade or title in the service of the governmental jurisdiction in which such abolition or reduction occurs.   8.  Penalty  for denial of preference in retention. A refusal to allow the preference in retention provided for in this section to any  veteran or  disabled  veteran,  or  a  reduction of his compensation intended to bring about his resignation shall be deemed a misdemeanor, and any  such veteran or disabled veteran shall have a right of action therefor in any court of competent jurisdiction for damages and for righting the wrong.