Relates to veterans' credits for civil service appointments and promotions; removes the time of war requirement for veterans to qualify for additional credit.
STATE OF NEW YORK
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5447
2021-2022 Regular Sessions
IN ASSEMBLY
February 16, 2021
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to veterans' credits
for civil service appointments and promotions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 85 of the civil service law, as
2 added by chapter 790 of the laws of 1958, paragraph (a) and subparagraph
3 2 of paragraph (b) as amended by chapter 490 of the laws of 2019, para-
4 graph (b) as amended by chapter 661 of the laws of 1983, subparagraph 3
5 of paragraph (b) and paragraph (c) as amended by chapter 467 of the laws
6 of 1991 and subparagraph 4 of paragraph (c) as amended by chapter 179 of
7 the laws of 2006, is amended to read as follows:
8 1. Definitions. (a) The terms "veteran" and "non-disabled veteran"
9 mean a member of the armed forces of the United States [who served ther-
10 ein in time of war,] who was honorably discharged or released under
11 honorable circumstances from such service including (i) having a quali-
12 fying condition as defined in section three hundred fifty of the execu-
13 tive law, and receiving a discharge other than bad conduct or dishonor-
14 able from such service, or (ii) being a discharged LGBT veteran, as
15 defined in section three hundred fifty of the executive law, and receiv-
16 ing a discharge other than bad conduct or dishonorable from such
17 service, who is a citizen of the United States or an alien lawfully
18 admitted for permanent residence in the United States and who is a resi-
19 dent of the state of New York at the time of application for appointment
20 or promotion or at the time of retention, as the case may be.
21 (b) The term "disabled veteran" means a veteran who is certified by
22 the United States veterans' administration or a military department as
23 entitled to receive disability payments upon the certification of such
24 veterans' administration or a military department for a disability
25 incurred by him or her in [time of war] the course of his or her service
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03096-01-1
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1 and in existence at the time of application for appointment or promotion
2 or at the time of retention, as the case may be. Such disability shall
3 be deemed to be in existence at the time of application for appointment
4 or promotion or at the time of retention, as the case may be, if the
5 certificate of such veterans' administration shall state affirmatively
6 that such veteran has been examined by a medical officer of such veter-
7 ans' administration on a date within one year of either the date of
8 filing application for competitive examination for original appointment
9 or promotion or the date of the establishment of the resulting eligible
10 list or within one year of the time of retention, as the case may be;
11 that at the time of such examination the [war-incurred] disability
12 described in such certificate was found to exist; and that such disabil-
13 ity is rated at ten per centum or more. Such disability shall also be
14 deemed to be in existence at such time if the certificate of such veter-
15 ans' administration shall state affirmatively that a permanent stabi-
16 lized condition of disability exists to an extent of ten per centum or
17 more, notwithstanding the fact that such veteran has not been examined
18 by a medical officer of such veterans' administration within one year of
19 either the time of application for appointment or promotion or the date
20 of filing application for competitive examination for original appoint-
21 ment or promotion, or within one year of the time of retention, as the
22 case may be. [The term "disabled veteran" shall also mean:
23 (1) A veteran who served in world war I, who continued to serve in the
24 armed forces of the United States after the eleventh day of November,
25 nineteen hundred eighteen, and who is certified, as hereinbefore
26 provided, by the United States veterans' administration as receiving
27 disability payments upon the certification of such veterans' adminis-
28 tration for a disability incurred by him in such service on or before
29 the second day of July, nineteen hundred twenty-one.
30 (2) A veteran who served in world war II, who continued to serve in
31 the armed forces of the United States after the second day of September,
32 nineteen hundred forty-five, or who was employed by the War Shipping
33 Administration or Office of Defense Transportation or their agents as a
34 merchant seaman documented by the United States Coast Guard or Depart-
35 ment of Commerce, or as a civil servant employed by the United States
36 Army Transport Service (later redesignated as the United States Army
37 Transportation Corps, Water Division) or the Naval Transportation
38 Service; and who served satisfactorily as a crew member during the peri-
39 od of armed conflict, December seventh, nineteen hundred forty-one, to
40 August fifteenth, nineteen hundred forty-five, aboard merchant vessels
41 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
42 terms are defined under federal law (46 USCA 10301 & 10501) and further
43 to include "near foreign" voyages between the United States and Canada,
44 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
45 going service or foreign waters and who has received a Certificate of
46 Release or Discharge from Active Duty and a discharge certificate, or an
47 Honorable Service Certificate/Report of Casualty, from the Department of
48 Defense, or who served as a United States civilian employed by the Amer-
49 ican Field Service and served overseas under United States Armies and
50 United States Army Groups in world war II during the period of armed
51 conflict, December seventh, nineteen hundred forty-one through May
52 eighth, nineteen hundred forty-five, and who (i) was discharged or
53 released therefrom under honorable circumstances or (ii) has a qualify-
54 ing condition, as defined in section three hundred fifty of the execu-
55 tive law, and has received a discharge other than bad conduct or
56 dishonorable from such service, or (iii) is a discharged LGBT veteran,
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1 as defined in section three hundred fifty of the executive law, and has
2 received a discharge other than bad conduct or dishonorable from such
3 service, or who served as a United States civilian Flight Crew and
4 Aviation Ground Support Employee of Pan American World Airways or one of
5 its subsidiaries or its affiliates and served overseas as a result of
6 Pan American's contract with Air Transport Command or Naval Air Trans-
7 port Service during the period of armed conflict, December fourteenth,
8 nineteen hundred forty-one through August fourteenth, nineteen hundred
9 forty-five, and who (iv) was discharged or released therefrom under
10 honorable circumstances or (v) has a qualifying condition, as defined in
11 section three hundred fifty of the executive law, and has received a
12 discharge other than bad conduct or dishonorable from such service, or
13 (vi) is a discharged LGBT veteran, as defined in section three hundred
14 fifty of the executive law, and has received a discharge other than bad
15 conduct or dishonorable from such service, and who is certified, as
16 hereinbefore provided, by the United States veterans' administration as
17 receiving disability payments upon the certification of such veterans'
18 administration for a disability incurred by him in such service on or
19 before the date that world war II is declared terminated.
20 (3) A veteran who served during hostilities participated in by the
21 military forces of the United States subsequent to June twenty-seventh,
22 nineteen hundred fifty, and who continued to serve in the armed forces
23 of the United States after the thirty-first day of January, nineteen
24 hundred fifty-five, and who is certified, as hereinbefore provided, by
25 the United States veterans' administration as receiving disability
26 payments upon the certification of such veterans' administration for a
27 disability incurred by him in such service.
28 (c) The term "time of war" shall include the following wars and
29 hostilities for the periods and based upon the evidence herein set
30 forth:
31 (1) World war I, from the sixth day of April, nineteen hundred seven-
32 teen, to and including the eleventh day of November, nineteen hundred
33 eighteen.
34 (2) World war II, from the seventh day of December, nineteen hundred
35 forty-one, to and including the thirty-first day of December, nineteen
36 hundred forty-six.
37 (3) Hostilities participated in by the military forces of the United
38 States, from the twenty-seventh day of June, nineteen hundred fifty, to
39 and including the thirty-first day of January, nineteen hundred fifty-
40 five.
41 (4) Hostilities participated in by the military forces of the United
42 States, from the twenty-eighth day of February, nineteen hundred sixty-
43 one to the seventh day of May, nineteen hundred seventy-five.
44 (5) Hostilities participated in by the military forces of the United
45 States in Lebanon, from the first day of June, nineteen hundred eighty-
46 three to the first day of December, nineteen hundred eighty-seven, as
47 established by receipt of the armed forces expeditionary medal, the navy
48 expeditionary medal, or the marine corps expeditionary medal.
49 (6) Hostilities participated in by the military forces of the United
50 States in Grenada, from the twenty-third day of October, nineteen
51 hundred eighty-three to the twenty-first day of November, nineteen
52 hundred eighty-three, as established by receipt of the armed forces
53 expeditionary medal, the navy expeditionary medal, or the marine corps
54 expeditionary medal.
55 (7) Hostilities participated in by the military forces of the United
56 States in Panama, from the twentieth day of December, nineteen hundred
A. 5447 4
1 eighty-nine to the thirty-first day of January, nineteen hundred ninety,
2 as established by receipt of the armed forces expeditionary medal, the
3 navy expeditionary medal, or the marine corps expeditionary medal.
4 (8) Hostilities participated in by the military forces of the United
5 States in the Persian Gulf, from the second day of August, nineteen
6 hundred ninety to the end of such hostilities.
7 (d)] (c) The term "time of application for original appointment or
8 promotion" shall mean the date of the establishment of an eligible list
9 resulting from a competitive examination for original appointment or
10 promotion, as the case may be, which date shall be the date on which the
11 term of such eligible list commences.
12 [(e)] (d) The term "time of retention" shall mean the time of aboli-
13 tion or elimination of positions.
14 § 2. This act shall take effect immediately, provided however, such
15 additional point shall only apply to competitive examinations for
16 original appointment and for promotion created after the effective date
17 of this act.
