Provides that the governmental agency shall notify any person on a special eligible list, in writing, that their name will remain on such list for two years after the termination of military duty and shall be removed at the end of the two year period unless such person requests to remain on such list.
STATE OF NEW YORK
________________________________________________________________________
7259
2023-2024 Regular Sessions
IN ASSEMBLY
May 16, 2023
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the military law, in relation to the existing special
eligible list for public employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 243 of the military law, as
2 amended by chapter 616 of the laws of 1999, is amended to read as
3 follows:
4 7. Status of existing lists. Any person whose name is on any eligible
5 list shall, while in military duty, retain [his] the rights and status
6 on such list. If the name of any such person is reached for certif-
7 ication during [his] military duty, it shall be placed on a special
8 eligible list in the order of [his] original standing, provided [he] the
9 person makes request therefor following termination of [his] military
10 duty and during the period of [his] eligibility on such list. Such list
11 shall be certified before certification shall be made from a subsequent
12 open competitive or promotion eligible list for the same position or
13 from the original eligible list for such position. [Such names shall
14 remain on such special eligible list for a period of two years after the
15 termination of such military duty.] Upon being placed upon such special
16 eligible list, the governmental agency or subdivision shall notify such
17 person, in writing, that their name will remain on the list for two
18 years after the termination of such military duty, and that unless such
19 person makes a request to be placed and remain upon such list during
20 this two year period, their name will be removed. Any such person thus
21 appointed shall, for the purpose of computing seniority credit and
22 training and experience credit for promotion and date of membership in
23 the retirement system and seniority in the event of suspension or
24 demotion, be deemed to have been appointed on the earliest date upon
25 which any eligible, who was the lower on such original eligible list,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05530-02-3
A. 7259 2
1 was appointed, provided, however that service credit shall be computed
2 from the actual date of appointment. The retirement system contributions
3 of any such person who made any contribution to the retirement system
4 pursuant to article fourteen or fifteen of the retirement and social
5 security law, and who was appointed on or after July twenty-seventh,
6 nineteen hundred seventy-six shall not be refunded.
7 § 2. This act shall take effect immediately.