BILL NO A05525
SAME AS No same as
SPONSOR Gabryszak
COSPNSR
MLTSPNSR
Amd S85, Civ Serv L
Changes the definitions of veteran and non-disabled veteran with regard to
additional service credits.
BILL NUMBER:A5525
TITLE OF BILL: An act to amend the civil service law, in relation to
the definition of the terms veteran and non-disabled veteran with
regard to additional service credits
PURPOSE:
To give all veterans who served on active duty equal consideration
with regard to civil service examinations.
SUMMARY OF PROVISIONS:
Section 1. Paragraph (a) of subdivision 1 of section 85 of the civil
service law, as amended by chapter 333 of the laws of 1993, is amended
to remove the requirement that veterans must have served during a time
of war to receive additional civil service credit.
Section 2. Requires the Department of Civil Service to update all
relevant civil service websites, forms and applications to reflect the
herein contained changes.
Section 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Any rules or regulations to
implement this act shall be made before the effective date.
EXISTING LAW:
Currently, in order to qualify for additional civil service credits,
veterans must have served on active duty for other than training
purposes in time of war, been honorably discharged, released under
honorable circumstances, or will be so at the time of appointment, be
residents of New York State at the time of application for examination
or appointment.
JUSTIFICATION:
Veterans are those men and women who have given a part of their lives
in furtherance of service to their country and community. They are
those few who chose to forego spending time with their friends and
families, in the comfort of their homes, to pursue training, if not
deployment, with the United States military.
While it is incumbent on New York State to recognize the service of
those who suffered through the horrors of war abroad to defend what
they love at home, many veterans' commitment to the safekeeping of
these United States was not predicated upon whether they were living
in a time of war. Some chose to serve because they felt it was their
duty; some would act as a safeguard for their country at any time a
national emergency could arise.
This bill recognizes the civil spirit of those men and women who
served our country, though not directly participating in a conflict
abroad. This bill does so in a small way: by giving these veterans
additional consideration on civil service examinations in New York
State. This bill does not in any way diminish the importance and value
of veterans who served in a time of war, but recognizes that any
martial service to the United States is to be recognized and
commended.
LEGISLATIVE HISTORY:
A7402 of 2012
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This bill is to take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.
S T A T E O F N E W Y O R K
________________________________________________________________________
5525
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
___________
Introduced by M. of A. GABRYSZAK -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the definition of
the terms veteran and non-disabled veteran with regard to additional
service credits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) and the opening paragraph of paragraph (b) of
2 subdivision 1 of section 85 of the civil service law, paragraph (a) as
3 amended by chapter 333 of the laws of 1993 and the opening paragraph of
4 paragraph (b) as amended by chapter 661 of the laws of 1983, are amended
5 to read as follows:
6 (a) The terms "veteran" and "non-disabled veteran" mean a member of
7 the armed forces of the United States [who served therein in time of
8 war,] who was honorably discharged or released under honorable circum-
9 stances from such service, who is a citizen of the United States or an
10 alien lawfully admitted for permanent residence in the United States and
11 who is a resident of the state of New York at the time of application
12 for appointment or promotion or at the time of retention, as the case
13 may be.
14 The term "disabled veteran" means a veteran who is certified by the
15 United States veterans' administration or a military department as enti-
16 tled to receive disability payments upon the certification of such
17 veterans' administration or a military department for a disability
18 incurred [by him in time of war] WHILE ON ACTIVE DUTY and in existence
19 at the time of application for appointment or promotion or at the time
20 of retention, as the case may be. Such disability shall be deemed to be
21 in existence at the time of application for appointment or promotion or
22 at the time of retention, as the case may be, if the certificate of such
23 veterans' administration shall state affirmatively that such veteran has
24 been examined by a medical officer of such veterans' administration on a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09149-01-3
A. 5525 2
1 date within one year of either the date of filing application for
2 competitive examination for original appointment or promotion or the
3 date of the establishment of the resulting eligible list or within one
4 year of the time of retention, as the case may be; that at the time of
5 such examination the war-incurred disability described in such certif-
6 icate was found to exist; and that such disability is rated at ten per
7 centum or more. Such disability shall also be deemed to be in existence
8 at such time if the certificate of such veterans' administration shall
9 state affirmatively that a permanent stabilized condition of disability
10 exists to an extent of ten per centum or more, notwithstanding the fact
11 that such veteran has not been examined by a medical officer of such
12 veterans' administration within one year of either the time of applica-
13 tion for appointment or promotion or the date of filing application for
14 competitive examination for original appointment or promotion, or within
15 one year of the time of retention, as the case may be. The term "disa-
16 bled veteran" shall also mean:
17 S 2. The department of civil service shall ensure the amendments set
18 forth in section one of this act are accurately reflected on all rele-
19 vant civil service websites, forms and applications.
20 S 3. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law; provided, however, that effective immediate-
22 ly, the addition, amendment and/or repeal of any rule or regulation
23 necessary for the implementation of this act on its effective date are
24 authorized and directed to be made and completed on or before such
25 effective date.
