STATE OF NEW YORK
________________________________________________________________________
5456
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, in relation to the award of
competitive civil service status for the spouse or children of mili-
tary service persons killed in the line of duty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 85-d to read as follows:
3 § 85-d. Award of competitive civil service status for the spouse or
4 children of military service persons killed in the line of duty. 1.
5 Definition. As used in this section, "killed in the line of duty" shall
6 mean a member of the armed forces of the United States having died in
7 the performance of duty in time of war.
8 2. Award authorized. An award of competitive civil service status
9 shall be allowed for the spouse or children of military persons killed
10 in the line of duty.
11 3. Application for award; proof of eligibility. Any candidate, believ-
12 ing himself or herself entitled to the award of competitive civil
13 service status as provided in this section, may make application for
14 such status at any time between the date of his or her application for
15 such status and the date of the establishment of the resulting eligible
16 list. Such candidates shall be allowed a period of not less than two
17 months from the date of the filing of his or her application for such
18 status in which to establish by appropriate documentary proof his or her
19 eligibility to receive such status under this section. At any time after
20 two months have elapsed since the final date for filing applications for
21 such status for original appointment, the eligible list resulting from
22 such examination may be established, notwithstanding the fact that a
23 spouse or child who has applied for such status has failed to establish
24 his or her eligibility to receive such status. A candidate who fails to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08893-01-3
A. 5456 2
1 establish, by appropriate documentary proof, his or her eligibility to
2 receive such status by the time an eligible list is established shall
3 not thereafter be granted such status on such eligible list.
4 4. Use of additional credit. No person who has received a permanent
5 original appointment in the civil service of the state or of any city or
6 civil division thereof from an eligible list on which he or she was
7 allowed the status granted by this section as a spouse or child, shall
8 thereafter be entitled to any additional credit under this section as a
9 spouse or child.
10 § 2. This act shall take effect immediately.
