2023 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, noncompetitive or  labor  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 in the same jurisdictional class 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,  noncompetitive or labor class, incumbents holding the
same or similar positions in the same jurisdictional class 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, noncompetitive or
labor 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 in the same jurisdictional class 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,  noncompetitive
or  labor class, incumbents holding the same or similar positions in the
same jurisdictional 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,  noncompetitive or labor 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  in  the  same
jurisdictional class 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, noncompetitive or labor 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 in the same jurisdictional class 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, noncompetitive or  labor  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 in the same jurisdictional class 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 their 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, noncompetitive or labor 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 workers' 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
their  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 same jurisdictional class 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  same  jurisdictional  class  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  the  same  jurisdictional  class  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  same  jurisdictional  class  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 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 in the same jurisdictional class. 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, they 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 they are  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, noncompetitive or labor 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  in  the same jurisdictional class. 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 in the same jurisdictional class. 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 in the same jurisdictional class. 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,  they 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 they are 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, noncompetitive or labor 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  in  the same jurisdictional class. 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 in the same jurisdictional class. 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 their current service:
(A)  the  ordinary member contributions which would have been done for
such period of suspension if they 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 they 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  they  had become such a participant on such starting date;
and
(C) additional  member  contributions  of  two  per  centum  of  their
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  their  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, noncompetitive or
labor abolished or reduced  in  rank  or  salary  grade,  suspension  or
demotion,  as  the  case  may  be,  among incumbents holding the same or
similar positions in the same jurisdictional class 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, noncompetitive
or labor class, incumbents holding the same or similar positions in  the
same  jurisdictional  class  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.