2023 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 one of the veterans'
services 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 one of the veterans' services law, and receiving a
discharge  other than bad conduct or dishonorable from such service, who
is a citizen of the United States or a noncitizen 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,  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   workers'
compensation  may be suspended, demoted or displaced pursuant to section
eighty of this  chapter  within  three  months  of  the  date  of  their
confinement,   provided   that  medical  authorities  approved  by  such
commission shall certify that the employee is not able  to  perform  the
duties of their 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 their injury, still
not  able to perform the duties of their 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 their function  within  their  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.