NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6158
SPONSOR: Brabenec TITLE OF BILL:
An act to amend the civil service law, in relation to the award of
competitive civil service status for the spouse or children of military
service persons killed in the line of duty
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to ease the burden on the families of
deceased service members by allowing the spouses and children of mili-
tary members killed in the line of duty the option to apply for civil
service positions under competitive status.
SUMMARY OF PROVISIONS:
This bill adds a new section to the civil service law, 85-d, to allow
any child or spouse of a member of the United States armed forces; who
has died in the performance of-duty in a time of war, to receive compet-
itive civil service status of the state or any city or civil division
JUSTIFICATION:
This legislation would make it easier for the family members of those
killed in the tine of duty to obtain and retain gainful employment.
After the passing of a family member in a time war it can be difficult
for the family members left behind to remain financially stable. As a
matter of pragmatism and compassion, this law would help to ensure the
financial viability of deceased service member's families directly
following their death and onward, by allowing a means for family members
to compete for state civil service positions. It would further serve to
reward the service members and their families for their sacrifice.
PRIOR LEGISLATIVE HISTORY:
2024: A5456 Referred to Governmental Employees
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No Fiscal Implications
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6158
2025-2026 Regular Sessions
IN ASSEMBLY
February 26, 2025
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to the award of
competitive civil service status for the spouse or children of mili-
tary service persons killed in the line of duty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 85-d to read as follows:
3 § 85-d. Award of competitive civil service status for the spouse or
4 children of military service persons killed in the line of duty. 1.
5 Definition. As used in this section, "killed in the line of duty" shall
6 mean a member of the armed forces of the United States having died in
7 the performance of duty in time of war.
8 2. Award authorized. An award of competitive civil service status
9 shall be allowed for the spouse or children of military persons killed
10 in the line of duty.
11 3. Application for award; proof of eligibility. Any candidate, believ-
12 ing themself entitled to the award of competitive civil service status
13 as provided in this section, may make application for such status at any
14 time between the date of their application for such status and the date
15 of the establishment of the resulting eligible list. Such candidates
16 shall be allowed a period of not less than two months from the date of
17 the filing of their application for such status in which to establish by
18 appropriate documentary proof their eligibility to receive such status
19 under this section. At any time after two months have elapsed since the
20 final date for filing applications for such status for original appoint-
21 ment, the eligible list resulting from such examination may be estab-
22 lished, notwithstanding the fact that a spouse or child who has applied
23 for such status has failed to establish their eligibility to receive
24 such status. A candidate who fails to establish, by appropriate documen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04045-01-5
A. 6158 2
1 tary proof, their eligibility to receive such status by the time an
2 eligible list is established shall not thereafter be granted such status
3 on such eligible list.
4 4. Use of additional credit. No person who has received a permanent
5 original appointment in the civil service of the state or of any city or
6 civil division thereof from an eligible list on which they were allowed
7 the status granted by this section as a spouse or child, shall thereaft-
8 er be entitled to any additional credit under this section as a spouse
9 or child.
10 § 2. This act shall take effect immediately.
