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
________________________________________________________________________
763
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03096-01-1
S. 763 2
1 veterans' administration or a military department for a disability
2 incurred by him or her in [time of war] the course of his or her service
3 and in existence at the time of application for appointment or promotion
4 or at the time of retention, as the case may be. Such disability shall
5 be deemed to be in existence at the time of application for appointment
6 or promotion or at the time of retention, as the case may be, if the
7 certificate of such veterans' administration shall state affirmatively
8 that such veteran has been examined by a medical officer of such veter-
9 ans' administration on a date within one year of either the date of
10 filing application for competitive examination for original appointment
11 or promotion or the date of the establishment of the resulting eligible
12 list or within one year of the time of retention, as the case may be;
13 that at the time of such examination the [war-incurred] disability
14 described in such certificate was found to exist; and that such disabil-
15 ity is rated at ten per centum or more. Such disability shall also be
16 deemed to be in existence at such time if the certificate of such veter-
17 ans' administration shall state affirmatively that a permanent stabi-
18 lized condition of disability exists to an extent of ten per centum or
19 more, notwithstanding the fact that such veteran has not been examined
20 by a medical officer of such veterans' administration within one year of
21 either the time of application for appointment or promotion or the date
22 of filing application for competitive examination for original appoint-
23 ment or promotion, or within one year of the time of retention, as the
24 case may be. [The term "disabled veteran" shall also mean:
25 (1) A veteran who served in world war I, who continued to serve in the
26 armed forces of the United States after the eleventh day of November,
27 nineteen hundred eighteen, and who is certified, as hereinbefore
28 provided, by the United States veterans' administration as receiving
29 disability payments upon the certification of such veterans' adminis-
30 tration for a disability incurred by him in such service on or before
31 the second day of July, nineteen hundred twenty-one.
32 (2) A veteran who served in world war II, who continued to serve in
33 the armed forces of the United States after the second day of September,
34 nineteen hundred forty-five, or who was employed by the War Shipping
35 Administration or Office of Defense Transportation or their agents as a
36 merchant seaman documented by the United States Coast Guard or Depart-
37 ment of Commerce, or as a civil servant employed by the United States
38 Army Transport Service (later redesignated as the United States Army
39 Transportation Corps, Water Division) or the Naval Transportation
40 Service; and who served satisfactorily as a crew member during the peri-
41 od of armed conflict, December seventh, nineteen hundred forty-one, to
42 August fifteenth, nineteen hundred forty-five, aboard merchant vessels
43 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
44 terms are defined under federal law (46 USCA 10301 & 10501) and further
45 to include "near foreign" voyages between the United States and Canada,
46 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
47 going service or foreign waters and who has received a Certificate of
48 Release or Discharge from Active Duty and a discharge certificate, or an
49 Honorable Service Certificate/Report of Casualty, from the Department of
50 Defense, or who served as a United States civilian employed by the Amer-
51 ican Field Service and served overseas under United States Armies and
52 United States Army Groups in world war II during the period of armed
53 conflict, December seventh, nineteen hundred forty-one through May
54 eighth, nineteen hundred forty-five, and who (i) was discharged or
55 released therefrom under honorable circumstances or (ii) has a qualify-
56 ing condition, as defined in section three hundred fifty of the execu-
S. 763 3
1 tive law, and has received a discharge other than bad conduct or
2 dishonorable from such service, or (iii) is a discharged LGBT veteran,
3 as defined in section three hundred fifty of the executive law, and has
4 received a discharge other than bad conduct or dishonorable from such
5 service, or who served as a United States civilian Flight Crew and
6 Aviation Ground Support Employee of Pan American World Airways or one of
7 its subsidiaries or its affiliates and served overseas as a result of
8 Pan American's contract with Air Transport Command or Naval Air Trans-
9 port Service during the period of armed conflict, December fourteenth,
10 nineteen hundred forty-one through August fourteenth, nineteen hundred
11 forty-five, and who (iv) was discharged or released therefrom under
12 honorable circumstances or (v) has a qualifying condition, as defined in
13 section three hundred fifty of the executive law, and has received a
14 discharge other than bad conduct or dishonorable from such service, or
15 (vi) is a discharged LGBT veteran, as defined in section three hundred
16 fifty of the executive law, and has received a discharge other than bad
17 conduct or dishonorable from such service, and who is certified, as
18 hereinbefore provided, by the United States veterans' administration as
19 receiving disability payments upon the certification of such veterans'
20 administration for a disability incurred by him in such service on or
21 before the date that world war II is declared terminated.
22 (3) A veteran who served during hostilities participated in by the
23 military forces of the United States subsequent to June twenty-seventh,
24 nineteen hundred fifty, and who continued to serve in the armed forces
25 of the United States after the thirty-first day of January, nineteen
26 hundred fifty-five, and who is certified, as hereinbefore provided, by
27 the United States veterans' administration as receiving disability
28 payments upon the certification of such veterans' administration for a
29 disability incurred by him in such service.
30 (c) The term "time of war" shall include the following wars and
31 hostilities for the periods and based upon the evidence herein set
32 forth:
33 (1) World war I, from the sixth day of April, nineteen hundred seven-
34 teen, to and including the eleventh day of November, nineteen hundred
35 eighteen.
36 (2) World war II, from the seventh day of December, nineteen hundred
37 forty-one, to and including the thirty-first day of December, nineteen
38 hundred forty-six.
39 (3) Hostilities participated in by the military forces of the United
40 States, from the twenty-seventh day of June, nineteen hundred fifty, to
41 and including the thirty-first day of January, nineteen hundred fifty-
42 five.
43 (4) Hostilities participated in by the military forces of the United
44 States, from the twenty-eighth day of February, nineteen hundred sixty-
45 one to the seventh day of May, nineteen hundred seventy-five.
46 (5) Hostilities participated in by the military forces of the United
47 States in Lebanon, from the first day of June, nineteen hundred eighty-
48 three to the first day of December, nineteen hundred eighty-seven, as
49 established by receipt of the armed forces expeditionary medal, the navy
50 expeditionary medal, or the marine corps expeditionary medal.
51 (6) Hostilities participated in by the military forces of the United
52 States in Grenada, from the twenty-third day of October, nineteen
53 hundred eighty-three to the twenty-first day of November, nineteen
54 hundred eighty-three, as established by receipt of the armed forces
55 expeditionary medal, the navy expeditionary medal, or the marine corps
56 expeditionary medal.
S. 763 4
1 (7) Hostilities participated in by the military forces of the United
2 States in Panama, from the twentieth day of December, nineteen hundred
3 eighty-nine to the thirty-first day of January, nineteen hundred ninety,
4 as established by receipt of the armed forces expeditionary medal, the
5 navy expeditionary medal, or the marine corps expeditionary medal.
6 (8) Hostilities participated in by the military forces of the United
7 States in the Persian Gulf, from the second day of August, nineteen
8 hundred ninety to the end of such hostilities.
9 (d)] (c) The term "time of application for original appointment or
10 promotion" shall mean the date of the establishment of an eligible list
11 resulting from a competitive examination for original appointment or
12 promotion, as the case may be, which date shall be the date on which the
13 term of such eligible list commences.
14 [(e)] (d) The term "time of retention" shall mean the time of aboli-
15 tion or elimination of positions.
16 § 2. This act shall take effect immediately, provided however, such
17 additional point shall only apply to competitive examinations for
18 original appointment and for promotion created after the effective date
19 of this act.
