2023 New York Laws › CVS - Civil Service › Article 6 - Special Rights for Veterans and Exempt Volunteer Firefighters › 85-A - Additional Credits Allowed Children and Siblings of Firefighters, Police Officers, Emergency Medical Technicians and Paramedics Killed in the Line of Duty.

§   85-a.   Additional   credits  allowed  children  and  siblings  of
firefighters,  police  officers,  emergency  medical   technicians   and
paramedics  killed in the line of duty. 1. Additional credit authorized.
Additional  credits  shall  be  allowed   children   and   siblings   of
firefighters,   police   officers,  emergency  medical  technicians  and
paramedics killed in the line of duty, as "child" and "sibling" in  this
section 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,  police  officers,
emergency medical technicians and paramedics 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. For the purposes of this
paragraph, a police officer or  firefighter  shall  be  deemed  to  have
"served"  in  a  municipality  if  he  or she was employed by, or worked
primarily in, that municipality.
(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.
2.   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.
3. 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.
4.  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.
5.  Roster.  The  department  and  each  municipal  commission   shall
establish  and  maintain  in its office a roster of all such children or
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.