A05525 Summary:

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.
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A05525 Actions:

BILL NO    A05525 

02/28/2013 referred to governmental employees
01/08/2014 referred to governmental employees
01/15/2014 enacting clause stricken
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A05525 Memo:

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.
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A05525 Text:

                           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.
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