NY Civ Serv L § 80-A (2021)
2021 New York Laws CVS - Civil Service Article 5 - Personnel Changes Title C - Abolition of Positions; Suspension; Demotion 80-A - Suspension or Demotion Upon the Abolition or Reduction of Non-Competitive Class Positions in the State Service.

§ 80-a. Suspension  or  demotion  upon  the  abolition or reduction of   non-competitive class positions in the state service. 1.  Suspension  or   demotion.  Where,  because  of  economy,  consolidation  or abolition of   functions, curtailment of activities  or  otherwise,  positions  in  the   non-competitive  class  of the state service are abolished or reduced in   rank or salary grade, suspension or demotion, as the case may be,  among   incumbents  having  tenure  protection  pursuant  to  paragraph  (c)  of   subdivision one of section seventy-five of this chapter and holding  the   same or similar positions shall be made in the inverse order of original   appointment  on a permanent basis in the classified service of the state   service, subject to the  provisions  of  subdivision  seven  of  section   eighty-five  of  this  chapter;  provided,  however,  that  the  date of   original appointment of any such incumbent who was  transferred  to  the   state  service  from another governmental jurisdiction upon the transfer   of functions shall be the date of original appointment  on  a  permanent   basis  in  the  classified  service  in  the service of the governmental   jurisdiction from which such transfer was  made.    Notwithstanding  the   provisions of this subdivision, however, upon the abolition or reduction   of  positions  in the non-competitive class, incumbents holding the same   or similar positions who have not completed their  probationary  service   shall  be suspended or demoted, as the case may be, before any permanent   incumbents,  and  among  such  probationary  employees  the   order   or   suspension  or  demotion  shall  be determined as if such employees were   permanent incumbents.2. Continuous service. Except as otherwise provided  herein,  for  the   purposes  of this section, in the state service the original appointment   of an incumbent shall mean the  date  of  his  first  appointment  on  a   permanent basis in the classified service followed by continuous service   in  the  classified  service  on a permanent basis up to the time of the   abolition or  reduction  of  the  non-competitive  class  positions.  An   employee  who has resigned and who has been reinstated or reappointed in   the service within one year thereafter shall, for the purposes  of  this   section,  be deemed to have continuous service. An employee who has been   terminated because of a disability resulting from occupational injury or   disease as defined in the workmen's compensation law and  who  has  been   reinstated  or  reappointed in the service thereafter shall be deemed to   have continuous service. A  period  of  employment  on  a  temporary  or   provisional  basis, or in the unclassified service, immediately preceded   and followed by permanent service in the classified service,  shall  not   constitute  an  interruption  of  continuous service for the purposes of   this section; nor shall  a  period  of  leave  of  absence  without  pay   pursuant  to  law  or  the  rules of the civil service commission having   jurisdiction, or any period during which an employee is  suspended  from   his  position  pursuant  to  this section, constitute an interruption of   continuous service for the purposes of this section.3. Interrupted service. A state employee who has resigned and who  has   been  reinstated  or  reappointed  in  the  service  more  than one year   thereafter shall be credited with any previous  state  service  rendered   prior  to  his  or  her  resignation  to which he or she would have been   entitled for the purposes of this  section  but  for  such  resignation;   provided,  however,  that  any  time  out of the service exceeding three   years shall be subtracted from the employee's previous state service. In   such instances, continuous service shall be deemed to have begun on  the   date  which  precedes the otherwise applicable date for the commencement   of continuous  service  by  the  period  of  actual  creditable  service   provided by this subdivision.4. Units for suspension or demotion. The president may, by regulation,   designate  as  separate  units  for  suspension  or  demotion  under the    provisions of this section any state hospital, institution  or  facility   or  any  division  of  any  state  department  or  agency  or  specified   hospitals, institutions and facilities of a single state  department  or   agency  within  a  particular  geographic  area  as  determined  by  the   president. Upon the abolition or reduction of  positions  in  the  state   service,  suspension or demotion, as the case may be, shall be made from   among employees holding the same or similar positions in the  department   wherein  such  abolition  or  reduction  occurs,  except that where such   abolition or reduction occurs in  a  separate  unit  for  suspension  or   demotion  designated  by  regulation  of  the  president,  suspension or   demotion shall be made from among incumbents holding the same or similar   positions in such separate unit.5.  Displacement.  A  permanent  incumbent  having  tenure  protection   pursuant  to paragraph (c) of subdivision one of section seventy-five of   this chapter who served in a position  in  state  service  and  who  was   suspended or displaced from such position pursuant to this section shall   displace  the  incumbent  with  the  least  retention  right pursuant to   subdivisions one and two of this section who is serving in a position in   the title in which the displacing incumbent last served on  a  permanent   basis  prior to service in one or more positions in the title from which   he is suspended or displaced, if: (1)  the  service  of  the  displacing   incumbent  while  in  such  former  title  was  satisfactory and (2) the   position of the junior incumbent is in (a)  the  non-competitive  class,   (b) the layoff unit from which the displacing incumbent was suspended or   displaced, and (c) a lower salary grade than the position from which the   displacing  incumbent is suspended or displaced; provided, however, that   no incumbent shall displace any other incumbent having greater retention   standing.  Refusal  of  appointment  to  a  position  afforded  by  this   subdivision  constitutes  waiver  of  rights under this subdivision with   respect to the suspension  or  displacement  on  account  of  which  the   refused  appointment  was  afforded.  The state civil service commission   shall promulgate rules to implement  this  subdivision  including  rules   which  may provide adjunctive opportunities for displacement to formerly   held positions; provided, however, that no such  rule  shall  permit  an   incumbent  to  displace  any  other  incumbent  having greater retention   standing.    For  the  purpose  of  acquiring  preferred  list   rights,   displacement   pursuant   to  this  subdivision  is  the  equivalent  of   suspension or demotion pursuant to subdivision one of this section.