Allows reservists who have served or who are currently serving in the United States armed forces to be eligible for 2.5 points on civil service examinations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2759
SPONSOR: Gandolfo TITLE OF BILL:
An act to amend the civil service law, in relation to allowing reser-
vists who have served or who are currently serving to be eligible for
two and one-half points on civil service examinations
PURPOSE:
Allows reservists who have served or who are currently serving in the
United States armed forces, to be eligible for 2.5 points on civil
service examinations.
SUMMARY OF PROVISIONS:
Section 1. The section heading, paragraphs (a) and (b) of subdivision 2,
subdivisions 3, 4, 5 and 6 of section' 85 of the civil service law, as
added by chapter 790 of the laws of 1958 and paragraph (c) of subdivi--
sion 4 as amended by Chapter 15 of the laws of 1971, are amended and a
new paragraph (b-1) is added to subdivision 1 to read as follows: Addi-
tional credit allowed veterans and reservists in competitive examina-
tions; preference in retention upon abolition of positions. (b-1)_The
term "reservist" means-a member of the reserve forces or reserve compo-
nents of the armed forces of the United States who is currently in
service or who was honorably discharged or released under honorable
circumstances from such service, who is a citizen of the United States
or an alien 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. (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 addi-
tional credit in a competitive examination for original appointment and
two and one-half points additional credit in a competitive examination
for promotion
.,_ and
(3) Reservists who have served or who are currently serving as members
Of a reserve component of the armed forces of the United States shall be
Entitled to receive two and one-half points additional credit in a
competitive examination. (b) Such additional credit shall be added to
the final earned rating of such disabled veteran or non-disabled veteran
or reservist, as the case may be, after he or she has qualified in the
competitive examination and shall be granted only at the time of estab-
lishment of the resulting eligible list.
3. Application for additional credit; proof of eligibility; establish-
ment 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 applica-
tion 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 appoint-
ment or promotion, the eligible list resulting from such examination may
be established, notwithstanding the fact that a veteran or disabled
veteran or reservist 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 eligibil-
ity to receive additional credit by the time an eligible list is estab-
lished shall not thereafter be granted additional credit on such eligi-
ble list.
4. Use of additional credit. (a) Except as herein otherwise provided,
no person who has received a permanent original appointment or a perma-
nent 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 addi-
tional credit granted by this section, either as a veteran or disabled
veteran or reservist, shall thereafter be entitled to any additional
credit under this section either as a veteran or a disabled veteran or
reservist. (b) Where, at the time of establishment of an eligible list,
the position of a veteran or disabled veteran or reservist 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 veter-
an or reservist, 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
or reservist 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 or reservist has been originally appointed
or promoted from an eligible list on which he was allowed additional
credit, but such appointment or promotion is there-after 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 exam-
ination in which a veteran or disabled veteran or reservist has received
the additional credit granted by this section, such veteran or disabled
veteran or reservist 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 or reservist, 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 commis-
sion shall establish and maintain in its office a roster of all veterans
• and disabled veterans and reservists 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 or reservist as a result of additional credits shall be void if
such veteran or disabled veteran or reservist, prior to such appointment
or promotion, had been appointed or prorated as a result of additional
credits granted by this section. 2. This act shall take effect imme-
diately.
JUSTIFICATION:
Reservists enlist knowing that they may be called into active duty, and
they stand ready to answer the call. However, reservists. who are not
called to active duty are not eligible for many of the benefits of those
who do get called, such as a civil service point bonus. Reservists who
are never called to active duty still deserve a level of this benefit,
as it is beyond their control
LEGISLATIVE HISTORY:
A.8437 of 2021/22-held for consideration in governmental employees
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2759
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
Introduced by M. of A. GANDOLFO, SMULLEN, MANKTELOW, JENSEN, BYRNES,
J. A. GIGLIO, DeSTEFANO, DURSO, ANGELINO, BRABENEC -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to allowing reser-
vists who have served or who are currently serving to be eligible for
two and one-half points on civil service examinations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading, paragraphs (a) and (b) of subdivision
2 2, subdivisions 3, 4, 5 and 6 of section 85 of the civil service law, as
3 added by chapter 790 of the laws of 1958 and paragraph (c) of subdivi-
4 sion 4 as amended by chapter 15 of the laws of 1971, are amended and a
5 new paragraph (b-1) is added to subdivision 1 to read as follows:
6 Additional credit allowed veterans and reservists in competitive exam-
7 inations; preference in retention upon abolition of positions.
8 (b-1) The term "reservist" means a member of the reserve forces or
9 reserve components of the armed forces of the United States who is
10 currently in service or who was honorably discharged or released under
11 honorable circumstances from such service, who is a citizen of the
12 United States or an alien lawfully admitted for permanent residence in
13 the United States and who is a resident of the state of New York at the
14 time of application for appointment or promotion or at the time of
15 retention, as the case may be.
16 (a) On all eligible lists resulting from competitive examinations, the
17 names of eligibles shall be entered in the order of their respective
18 final earned ratings on examination, with the name of the eligible with
19 the highest final earned rating at the head of such list, provided,
20 however, that for the purpose of determining final earned ratings,
21 (1) Disabled veterans shall be entitled to receive ten points addi-
22 tional in a competitive examination for original appointment and five
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01292-01-3
A. 2759 2
1 points additional credit in a competitive examination for promotion,
2 [and]
3 (2) Non-disabled veterans shall be entitled to receive five points
4 additional credit in a competitive examination for original appointment
5 and two and one-half points additional credit in a competitive examina-
6 tion for promotion[.], and
7 (3) Reservists who have served or who are currently serving as members
8 of a reserve component of the armed forces of the United States shall be
9 entitled to receive two and one-half points additional credit in a
10 competitive examination.
11 (b) Such additional credit shall be added to the final earned rating
12 of such disabled veteran or non-disabled veteran or reservist, as the
13 case may be, after he or she has qualified in the competitive examina-
14 tion and shall be granted only at the time of establishment of the
15 resulting eligible list.
16 3. Application for additional credit; proof of eligibility; establish-
17 ment of eligible list. Any candidate, believing himself entitled to
18 additional credit in a competitive examination as provided herein, may
19 make application for such additional credit at any time between the date
20 of his application for examination and the date of the establishment of
21 the resulting eligible list. Such candidates shall be allowed a period
22 of not less than two months from the date of the filing of his applica-
23 tion for examination in which to establish by appropriate documentary
24 proof his eligibility to receive additional credit under this section.
25 At any time after two months have elapsed since the final date for
26 filing applications for a competitive examination for original appoint-
27 ment or promotion, the eligible list resulting from such examination may
28 be established, notwithstanding the fact that a veteran or disabled
29 veteran or reservist who has applied for additional credit has failed to
30 establish his eligibility to receive such additional credit. A candidate
31 who fails to establish, by appropriate documentary proof, his eligibil-
32 ity to receive additional credit by the time an eligible list is estab-
33 lished shall not thereafter be granted additional credit on such eligi-
34 ble list.
35 4. Use of additional credit. (a) Except as herein otherwise provided,
36 no person who has received a permanent original appointment or a perma-
37 nent promotion in the civil service of the state or of any city or civil
38 division thereof from an eligible list on which he was allowed the addi-
39 tional credit granted by this section, either as a veteran or disabled
40 veteran or reservist, shall thereafter be entitled to any additional
41 credit under this section either as a veteran or a disabled veteran or
42 reservist.
43 (b) Where, at the time of establishment of an eligible list, the posi-
44 tion of a veteran or disabled veteran or reservist on such list has not
45 been affected by the addition of credits granted under this section, the
46 appointment or promotion of such veteran or disabled veteran or reser-
47 vist, as the case may be, from such eligible list shall not be deemed to
48 have been made from an eligible list on which he was allowed the addi-
49 tional credit granted by this section.
50 (c) If, at the time of appointment from an eligible list, a veteran or
51 disabled veteran or reservist is in the same relative standing among the
52 eligibles who are willing to accept appointment as if he had not been
53 granted the additional credits provided by this section, his appointment
54 from among such eligibles shall not be deemed to have been made from an
55 eligible list on which he was allowed such additional credits.
A. 2759 3
1 (d) Where a veteran or disabled veteran or reservist has been
2 originally appointed or promoted from an eligible list on which he was
3 allowed additional credit, but such appointment or promotion is there-
4 after terminated either at the end of the probationary term or by resig-
5 nation at or before the end of the probationary term, he shall not be
6 deemed to have been appointed or promoted, as the case may be, from an
7 eligible list on which he was allowed additional credit, and such
8 appointment or promotion shall not affect his eligibility for additional
9 credit in other examinations.
10 5. Withdrawal of application; election to relinquish additional cred-
11 it. An application for additional credit in a competitive examination
12 under this section may be withdrawn by the applicant at any time prior
13 to the establishment of the resulting eligible list. At any time during
14 the term of existence of an eligible list resulting from a competitive
15 examination in which a veteran or disabled veteran or reservist has
16 received the additional credit granted by this section, such veteran or
17 disabled veteran or reservist may elect, prior to permanent original
18 appointment or permanent promotion, to relinquish the additional credit
19 theretofore granted to him and accept the lower position on such eligi-
20 ble list to which he would otherwise have been entitled; provided,
21 however, that such election shall thereafter be irrevocable. Such
22 election shall be in writing and signed by the veteran or disabled
23 veteran or reservist, and transmitted to the state civil service depart-
24 ment or the appropriate municipal civil service commission.
25 6. Roster. The state civil service department and each municipal
26 commission shall establish and maintain in its office a roster of all
27 veterans and disabled veterans and reservists appointed or promoted as a
28 result of additional credits granted by this section to positions under
29 its jurisdiction. The appointment or promotion of a veteran or disabled
30 veteran or reservist as a result of additional credits shall be void if
31 such veteran or disabled veteran or reservist, prior to such appointment
32 or promotion, had been appointed or promoted as a result of additional
33 credits granted by this section.
34 § 2. This act shall take effect immediately.
