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

§ 80. Suspension  or  demotion  upon  the  abolition  or  reduction of positions.  1.  Suspension  or  demotion.  Where,  because  of  economy, consolidation  or  abolition  of functions, curtailment of activities or otherwise, positions in the competitive class are abolished  or  reduced in  rank  or  salary  grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions shall be made  in the  inverse  order  of original appointment on a permanent basis in the classified service in the service of the  governmental  jurisdiction  in which  such  abolition  or reduction of positions occurs, 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  such  governmental  jurisdiction  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 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 of suspension or demotion shall be determined as if such employees were permanent incumbents.   1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this section, the members of a police or paid fire department in the city  of Buffalo  shall  be subject to the following procedure. Where, because of economy,  consolidation  or  abolition  of  functions,  curtailment   of activities   or  otherwise,  positions  in  the  competitive  class  are abolished or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar  positions shall  be  made  in  the  inverse  order  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 of  positions  occurs, subject to the provisions of subdivision seven of section eighty-five of this  chapter.    Notwithstanding  the  provisions  of this subdivision, however, upon the abolition or reduction of positions in the 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  of  suspension or demotion shall be determined as if such employees were permanent incumbents.   1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this section,  employees  of  secure  detention facilities in the city of New York and of the alternatives to secure detention facilities  program  in such  city  who  are  performing  functions  which  were  assumed by the department of social services of the city of New York on the  tenth  day of  November, nineteen hundred seventy-one and who, upon such assumption were transferred to said department, shall be subject to  the  following procedure.  Where,  because  of  economy,  consolidation or abolition of function, curtailment of  activities  or  otherwise,  positions  in  the competitive  class  are  abolished,  or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions shall be made in the inverse order of original appointment on a permanent  basis  in  the  classified  service  in  the service  of  the  governmental  jurisdiction  in which such abolition or reduction of positions occurs, subject to the provisions of  subdivision seven of section eighty-five of this chapter; provided, however, that if any  person  so  employed and so transferred was employed on a permanent basis in such a facility or such program prior to the thirtieth  day  of  December, nineteen hundred sixty-seven, for purposes of this subdivision regarding  priority  of  retention and for no other purpose, the date of original appointment of any such person shall be deemed to be  the  date such  permanent  employment commenced prior to the said thirtieth day of December, nineteen hundred sixty-seven.   1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this section, sworn employees of the Monroe county sheriff's department shall be  subject  to  the  following  procedure.  Where,  because of economy, consolidation or abolition of function,  curtailment  of  activities  or otherwise,  positions in the competitive class are abolished, or reduced in rank or salary grade, suspension or demotion, as  the  case  may  be, among  incumbents holding the same or similar positions shall be made in the inverse order 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  of  positions  occurs,  subject  to  the provisions  of subdivision seven of section eighty-five of this chapter; provided, however, that if any person so employed was employed  in  such person's current title prior to the first day of April, nineteen hundred ninety-three,  for  purposes  of  this subdivision regarding priority of retention and for no other purpose, the date of original appointment  of any such person shall be deemed to be the date such employment commenced prior to the said first day of April, nineteen hundred ninety-three.   1-d.  Notwithstanding  the  provisions  of  subdivision  one  of  this section, the sworn members of the police force of the county  of  Nassau shall  be subject to the following procedure. Where, because of economy, consolidation or abolition of functions, curtailment  of  activities  or otherwise,  positions  in the competitive class are abolished or reduced in rank or salary grade, suspension or demotion, as  the  case  may  be, among  incumbents holding the same or similar positions shall be made in the inverse order 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  of  positions  occurs,  subject  to  the provisions  of subdivision seven of section eighty-five of this chapter. Notwithstanding the provisions of this subdivision,  however,  upon  the abolition  or  reduction  of  positions,  those  employees  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 of  suspension  or  demotion  shall  be determined as if such employees were permanent incumbents.   1-e.  Notwithstanding  the  provisions  of  subdivision  one  of  this section, the  sworn  members  of  the  division  of  correction  of  the sheriff's  department  of  the  county of Nassau shall be subject to the following  procedure.  Where,  because  of  economy,  consolidation   or abolition   of   functions,  curtailment  of  activities  or  otherwise, positions in the competitive class are abolished or reduced in  rank  or salary  grade,  suspension  or  demotion,  as  the  case  may  be, among incumbents holding the same or similar positions shall be  made  in  the inverse order of the time served in the grade or title in the service of the  governmental  jurisdiction  in which such abolition or reduction of positions occurs, subject to the  provisions  of  subdivision  seven  of section  eighty-five of this chapter. Provided, however, time in rank or grade  for  the  purposes  of  this  subdivision   shall   only   accrue prospectively  from  the  effective  date of this subdivision, and where time in rank and grade for two or more individuals is identical, time in service  shall  be  used   for   the   purposes   of   this   procedure. Notwithstanding  the  provisions  of this subdivision, however, upon the abolition or reduction  of  positions,  those  employees  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  of  suspension or demotion shall be determined as if such employees were permanent incumbents.   1-f.  Notwithstanding  the  provisions  of  subdivision  one  of  this section, the sworn members of any police agency as  defined  in  section eight  hundred  thirty-five  of  the  executive  law,  other than police agencies referred to in subdivisions one-a through one-e of this section shall be subject to the following procedure. Where, because of  economy, consolidation  or  abolition  of functions, curtailment of activities or otherwise, positions in the competitive class are abolished  or  reduced in  rank  or  salary  grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions shall be made  in the  inverse  order  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  of  positions  occurs,  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  such  governmental  jurisdiction  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 competitive class, incumbents holding  the  same  or  similar  positions  who have not completed their probationary services shall be suspended or demoted, as the case may be, before any permanent incumbents, and among such  probationary  employees the  order  of  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 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  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  in civil divisions. Upon the abolition or reduction of positions in the service of a civil  division, suspension  or  demotion  shall be made from among employees holding the same or similar positions in the  entire  department  or  agency  within which  such abolition or reduction of positions occurs. In a city having a population of  one  million  or  more,  the  municipal  civil  service commission  may, by rule, designate as separate units for suspension and demotion  under  the  provisions  of  this  section  any   hospital   or institution  or  any  division  of  any  department  or agency under its jurisdiction. Upon the abolition  or  reduction  of  positions  in  such 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  such  hospital  or  institution  or division of a department designated as a separate unit for suspension or demotion,  suspension  or  demotion  shall be made from among incumbents holding the same or similar positions in such separate unit.   4-a. For purposes of determining units for suspension or  demotion  in the  city of Niagara Falls, the following three units shall be deemed to constitute departments within the meaning of  subdivision  three  above: (i)  members of the police department employed as auxiliary policewomen, police  officers,  police  dispatchers  or  communications  technicians, police  lieutenants,  chief  communications officer, or police captains; (ii) members of the fire department employed as firefighters, fire alarm operators, fire captains, battalion fire chiefs or master mechanic-chief of apparatus; and (iii) all other  employees  of  the  city  of  Niagara Falls, in the competitive class.   5.  Units  for  suspension  or  demotion  in  the  state  service. 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.   6.  Displacement  in  civil  divisions.  A  permanent  incumbent  of a position in a civil division in a specific title to  which  there  is  a direct  line of promotion who is suspended or displaced pursuant to this section, together with all other such incumbents suspended or  displaced at  the  same time, shall displace, in the inverse order of the order of suspension or demotion prescribed in subdivisions one and  two  of  this section, incumbents serving in positions in the same lay-off unit in the next  lower  occupied  title  in  direct  line of promotion who shall be displaced  in  the  order  of  suspension  or  demotion  prescribed   in subdivisions  one  and  two  of this section; provided, however, that no incumbent shall displace any other incumbent  having  greater  retention standing.  If a permanent incumbent of a position in a civil division is suspended or displaced from a position in a title for which there are no lower level occupied positions in direct line  of  promotion,  he  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  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 is afforded. The municipal civil service  commission shall  promulgate  rules  to  implement this subdivision including rules which may provide adjunctive opportunities for  displacement  either  to positions  in  direct  line  of promotion or 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.   7.  Displacement  in  the  state  service.  A permanent incumbent of a position in the state service in a specific title to which  there  is  a direct  line of promotion who is suspended or displaced pursuant to this section, together with all other such incumbents suspended or  displaced at  the  same time, shall displace, in the inverse order of the order of suspension or demotion prescribed in subdivisions one and  two  of  this section,  incumbents serving in positions in the same layoff unit in the next lower occupied title in direct  line  of  promotion  who  shall  be displaced   in  the  order  of  suspension  or  demotion  prescribed  in subdivisions one and two of this section;  provided,  however,  that  no incumbent  shall  displace  any other incumbent having greater retention standing. If a permanent incumbent of a position in the state service is suspended or displaced from a position in a title for which there are no lower level occupied positions in direct line  of  promotion,  he  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  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 is afforded.  The  state  civil  service  commission shall  promulgate  rules  to  implement this subdivision including rules which may provide adjunctive opportunities for  displacement  either  to positions  in  direct  line  of promotion or 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.   7-a.  Certain suspensions in cities of one million or more for reasons of economy. (a) Notwithstanding the provisions of any other  general  or local  law,  administrative code or ordinance to the contrary, in cities having a population of one million or more, any of the  uniformed  force of  the  department  of  sanitation of such city who was suspended on or after July first, nineteen hundred ninety, because of  economy  measures taken  by  such city and who returns to such service, shall be deemed to have been in continuous service in determining  length  of  service  for retirement  purposes  if  the duration of such suspension did not exceed thirty-three months; provided, however, that for retirement purposes,  a member  receiving  such service credit shall pay, by deductions from his or her compensation for each and every payroll period,  subject  to  the member  contributions prescribed by subparagraph two of paragraph (b) of this subdivision.  (b) (1) Pursuant to such method of payment, such member shall pay,  as additional  member  contributions  payable  besides  the ordinary member contributions due for his current service:  (A) the ordinary member contributions which would have been  done  for such  period  of  suspension  if  he or she had actually been in service during such period; and  (B) (if such member has elected  the  twenty-year  retirement  program provided  for by section six hundred four-a of the retirement and social security law), the additional member contributions which he  would  have been  required  to  make  under  the  provisions of that section for the period from the starting date of such program to the date next preceding the date on which such member became a participant  in  such  retirement program, if he had become such a participant on such starting date; and  (C)  additional  member  contributions of two per centum of his or her compensation for the period beginning with the first full payroll period which includes the date of enactment of this subdivision and  ending  on the earlier of his or her date of retirement or his or her completion of thirty years of service.  (2) The deduction for the additional contribution referred to in items (A)  and  (B)  of  subparagraph  one  of this paragraph shall be made in accordance with such equitable method and over such equitable period  of time  as  shall  be prescribed by the executive director of the affected retirement system with the approval of its board of trustees.  (3) The additional member contributions referred to  in  item  (A)  of subparagraph  one  of  this  paragraph shall be paid into the retirement system's member contributions accumulation fund  which  is  required  to receive the ordinary member contributions of such member. The additional member  contributions referred to in item (B) of such subparagraph shall be paid into the contingent reserve fund of such retirement  system  and shall be subject to the provisions of such section six hundred four-a of the  retirement  and  social  security  law  governing additional member contributions. The additional member contributions referred to  in  item (C)  of such subparagraph shall be paid into the contingent reserve fund of such retirement system and shall not be  subject  to  any  retirement system right or privilege of such member, unless such right or privilege is  granted  by  other  provisions  of  law  which specifically refer to additional member contributions made pursuant to this subdivision.  (4) At  any  time  prior  to  completion  of  the  deduction  for  the additional   contributions   referred   to  in  items  (A)  and  (B)  of subparagraph one of this paragraph, payment  of  the  remainder  of  the total  of  such  additional  contribution due may be made in a lump sum, provided further that such member shall pay into the contingent  reserve  fund of the retirement system two percent of his or her earnings in each year  until  the  earlier of his or her date of retirement or his or her completion of thirty years of  service.  In  addition,  if  such  member elected to be covered by the provisions of section six hundred four-a of the  retirement  and  social security law, he or she shall also pay into such contingent reserve fund the  contributions  that  would  have  been required  had  he  or  she  made such election as of the starting of the twenty-year retirement program.   7-b. Certain suspensions in cities of one million or more for  reasons of  economy.  (a) Notwithstanding the provisions of any other general or local law, administrative code or ordinance to the contrary,  in  cities having  a population of one million or more, any member of the uniformed force of the department of correction of such city who was suspended  on or  after  May  first,  two  thousand three, because of economy measures taken by such city and who returns to such service prior to July  first, two thousand four, shall be deemed to have been in continuous service in determining length of service for retirement purposes if the duration of such  suspension did not exceed thirteen months; provided, however, that for retirement purposes, a member receiving such  service  credit  shall pay,  by  deductions from his or her compensation, subject to the method prescribed by subparagraph two of paragraph (b) of this subdivision.  (b)(1) Pursuant to such method of payment, such member shall  pay,  as additional  member  contributions  payable  besides  the ordinary member contributions due for his or her current service:  (A) the ordinary member contributions which would have been  paid  for such  period  of  suspension  if  he or she had actually been in service during such period; and  (B) if such member is covered by the  twenty-year  retirement  program provided for by section five hundred four-a of the retirement and social security  law, the additional member contributions which he or she would have been required to make under the provisions of that section for such period of suspension if he or she had actually been  in  service  during such period.  (2)  The  deduction  for  the  additional contributions referred to in clauses (A) and (B) of subparagraph one of this paragraph shall be  paid in  accordance with such equitable method and over such equitable period of time as shall be prescribed by the executive director of the affected retirement system with the approval of its board of trustees.  (3) The additional member contributions referred to in clause  (A)  of subparagraph  one  of  this  paragraph shall be paid into the retirement system's member contributions accumulation fund  which  is  required  to receive the ordinary member contributions of such member. The additional member  contributions  referred  to  in  clause (B) of such subparagraph shall be paid into the contingent reserve fund of such retirement system and shall be subject to the provisions  of  such  section  five  hundred four-a  of  the  retirement and social security law governing additional member contributions.  (4) At  any  time  prior  to  completion  of  the  deduction  for  the additional   contributions  referred  to  in  clauses  (A)  and  (B)  of subparagraph one of this paragraph, payment  of  the  remainder  of  the total of such additional contributions due may be made in a lump sum. In addition,  if  such  member is covered by the provisions of section five hundred four-a of the retirement and social  security  law,  he  or  she shall also pay into the contingent reserve fund of the retirement system the contributions required to be made pursuant to such section.   7-c.  Certain suspensions in cities of one million or more for reasons of economy. (a) Notwithstanding the provisions of any other  general  or local  law,  administrative code or ordinance to the contrary, in cities  having a population of one million or more, any employee in the title of carpenter or supervisory carpenter of such city who was suspended on  or after  June  first,  nineteen  hundred  ninety-one  because  of  economy measures  taken  by  such  city and who returns to such service prior to July first, nineteen hundred ninety-three, shall be deemed to have  been in  continuous  service  in determining length of service for retirement purposes if the duration of such suspension did not  exceed  twenty-five months;  provided,  however,  that  for  retirement  purposes,  a member receiving such service credit shall pay, by deductions from his  or  her compensation,  subject  to  the method prescribed by subparagraph two of paragraph (b) of this subdivision.  (b)(1) Pursuant to such method of payment, such member shall  pay  the ordinary  member  contributions due for his or her current service which would have been paid for such period of suspension  if  he  or  she  had actually been in service during such period.  (2)  The  deduction  for  the  additional contributions referred to in subparagraph one of this paragraph shall be paid in accordance with such equitable method and over such equitable period  of  time  as  shall  be prescribed  by  the executive director of the affected retirement system with the approval of its board of trustees.  (3) The additional member contributions referred  to  in  subparagraph one  of this paragraph shall be paid into the retirement system's member contributions  accumulation  fund  which  is  required  to  receive  the ordinary member contributions of such member.  (4)  At  any  time  prior  to  completion  of  the  deduction  for the additional  contributions  referred  to  in  subparagraph  one  of  this paragraph,  payment  of  the  remainder  of the total of such additional contributions due may be made in a lump sum.   7-d. Certain suspensions in cities of one million or more for  reasons of  economy.  (a) Notwithstanding the provisions of any other general or local law, administrative code or ordinance to the contrary,  in  cities having  a  population  of  one  million  or  more,  any  employee of the department of parks of such city who had been employed as a climber  and pruner  who  was  suspended  on  or  after  July first, nineteen hundred ninety-one, because of economy measures  taken  by  such  city  and  who returned   to  such  service  prior  to  July  first,  nineteen  hundred ninety-five, shall be deemed to  have  been  in  continuous  service  in determining length of service for retirement purposes if the duration of such  suspension  did  not exceed twenty-five months; provided, however, that for retirement purposes, a member  receiving  such  service  credit shall pay, by deductions from his or her compensation for each and every payroll  period,  subject  to  the  member  contributions  prescribed by subparagraph two of paragraph (b) of this subdivision.  (b) (1) Pursuant to such method of payment, such member shall pay,  as additional  member  contributions  payable  besides  the ordinary member contributions due for his or her current service:  (A) the ordinary member contributions which would have been  paid  for such  period  of  suspension  if  he or she had actually been in service during such period; and  (B) if such member is covered by the optional twenty-five  year  early retirement program for certain New York city members provided by section six  hundred  four-c of the retirement and social security law, as added by chapter ninety-six of the laws of nineteen hundred  ninety-five,  the additional member contributions which he or she would have been required to  make  under  the  provisions  of  that  section  for  such period of suspension if he or she had actually been in service during such period.  (2) The deduction for the additional contribution referred to in items (A) and (B) of subparagraph one of  this  paragraph  shall  be  paid  in  accordance  with such equitable method and over such equitable period of time as shall be prescribed by the executive director  of  the  affected retirement system with the approval of its board of trustees.  (3)  The  additional  member  contributions referred to in item (A) of subparagraph one of this paragraph shall be  paid  into  the  retirement system's  member  contributions  accumulation  fund which is required to receive the ordinary member contributions of such member. The additional member contributions referred to in item (B) of such subparagraph  shall be  paid  into the contingent reserve fund of such retirement system and shall be subject to the provisions of section six hundred four-c of  the retirement  and  social  security law, as added by chapter ninety-six of the laws of nineteen hundred ninety-five,  governing  additional  member contributions.  (4)  At  any  time  prior  to  completion  of  the  deduction  for the additional  contributions  referred  to  in  items  (A)   and   (B)   of subparagraph  one  of  this  paragraph,  payment of the remainder of the total of such additional contribution due may be made in a lump sum.  In addition,  if  such  member  is covered by the provisions of section six hundred four-c of the retirement and social security law,  as  added  by chapter  ninety-six  of  the laws of nineteen hundred ninety-five, he or she shall also pay into such contingent reserve fund  the  contributions required to be made pursuant to this section.   8. Certain suspensions in cities of one million or more for reasons of economy.  Notwithstanding  the  provisions of any other general or local law, administrative code or ordinance, in cities having a population  of one   million   or  more,  any  member  employed  in  the  uniformed  or non-uniformed services of such city who was suspended on or  after  July first,  nineteen hundred seventy-five, because of economy measures taken by such city, and who returns to such service, shall be deemed  to  have been  in  continuous  service  in  determining  seniority  and length of service  regardless  of  the  duration  of  such  suspension;  provided, however,  that  for retirement purposes, a member receiving such service credit shall pay into the annuity savings fund of the retirement  system the amount of the employee contributions required to have been paid into the  retirement  system  for  such  service,  within one year after this subdivision  shall  have  taken  effect.  For  the  purposes   of   this subdivision  "uniformed  services"  shall mean and include any uniformed force or service the members of which are paid in whole or part by  such city.   9.  Certain  suspensions  or  demotions  in the city of Niagara Falls. Notwithstanding the provisions of subdivision one of this  section,  the members  of a paid fire department in the city of Niagara Falls shall be subject  to  the  following  procedure.  Where,  because   of   economy, consolidation  or  abolition  of functions, curtailment of activities or otherwise, positions in the competitive class are abolished  or  reduced in  rank  or  salary  grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions shall be made  in the  inverse  order  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  of  positions  occurs,  subject  to  the provisions of subdivision seven of section eighty-five of this  chapter. Notwithstanding  the  provisions  of this subdivision, however, upon the abolition or reduction of positions in the 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  of  suspension  or  demotion  shall be determined as if such employees were permanent incumbents.