N.Y. Civ. Serv. Law § 85

§ 85. Additional credit allowed veterans in competitive examinations;\npreference in retention upon abolition of positions. 1. Definitions. (a)\nThe terms "veteran" and "non-disabled veteran" mean a member of the\narmed forces of the United States who served therein in time of war, who\nwas honorably discharged or released under honorable circumstances from\nsuch service, who is a citizen of the United States or an alien lawfully\nadmitted for permanent residence in the United States and who is a\nresident of the state of New York at the time of application for\nappointment or promotion or at the time of retention, as the case may\nbe.\n (b) The term "disabled veteran" means a veteran who is certified by\nthe United States veterans' administration or a military department as\nentitled to receive disability payments upon the certification of such\nveterans' administration or a military department for a disability\nincurred by him in time of war and in existence at the time of\napplication for appointment or promotion or at the time of retention, as\nthe case may be. Such disability shall be deemed to be in existence at\nthe time of application for appointment or promotion or at the time of\nretention, as the case may be, if the certificate of such veterans'\nadministration shall state affirmatively that such veteran has been\nexamined by a medical officer of such veterans' administration on a date\nwithin one year of either the date of filing application for competitive\nexamination for original appointment or promotion or the date of the\nestablishment of the resulting eligible list or within one year of the\ntime of retention, as the case may be; that at the time of such\nexamination the war-incurred disability described in such certificate\nwas found to exist; and that such disability is rated at ten per centum\nor more. Such disability shall also be deemed to be in existence at such\ntime if the certificate of such veterans' administration shall state\naffirmatively that a permanent stabilized condition of disability exists\nto an extent of ten per centum or more, notwithstanding the fact that\nsuch veteran has not been examined by a medical officer of such\nveterans' administration within one year of either the time of\napplication for appointment or promotion or the date of filing\napplication for competitive examination for original appointment or\npromotion, or within one year of the time of retention, as the case may\nbe. The term "disabled veteran" shall also mean:\n (1) A veteran who served in world war I, who continued to serve in the\narmed forces of the United States after the eleventh day of November,\nnineteen hundred eighteen, and who is certified, as hereinbefore\nprovided, by the United States veterans' administration as receiving\ndisability payments upon the certification of such veterans'\nadministration for a disability incurred by him in such service on or\nbefore the second day of July, nineteen hundred twenty-one.\n (2) A veteran who served in world war II, who continued to serve in\nthe armed forces of the United States after the second day of September,\nnineteen hundred forty-five, or who was employed by the War Shipping\nAdministration or Office of Defense Transportation or their agents as a\nmerchant seaman documented by the United States Coast Guard or\nDepartment of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or who served as a United States\ncivilian employed by the American Field Service and served overseas\nunder United States Armies and United States Army Groups in world war II\nduring the period of armed conflict, December seventh, nineteen hundred\nforty-one through May eighth, nineteen hundred forty-five, and who was\ndischarged or released therefrom under honorable conditions, or who\nserved as a United States civilian Flight Crew and Aviation Ground\nSupport Employee of Pan American World Airways or one of its\nsubsidiaries or its affiliates and served overseas as a result of Pan\nAmerican's contract with Air Transport Command or Naval Air Transport\nService during the period of armed conflict, December fourteenth,\nnineteen hundred forty-one through August fourteenth, nineteen hundred\nforty-five, and who was discharged or released therefrom under honorable\nconditions, and who is certified, as hereinbefore provided, by the\nUnited States veterans' administration as receiving disability payments\nupon the certification of such veterans' administration for a disability\nincurred by him in such service on or before the date that world war II\nis declared terminated.\n (3) A veteran who served during hostilities participated in by the\nmilitary forces of the United States subsequent to June twenty-seventh,\nnineteen hundred fifty, and who continued to serve in the armed forces\nof the United States after the thirty-first day of January, nineteen\nhundred fifty-five, and who is certified, as hereinbefore provided, by\nthe United States veterans' administration as receiving disability\npayments upon the certification of such veterans' administration for a\ndisability incurred by him in such service.\n (c) The term "time of war" shall include the following wars and\nhostilities for the periods and based upon the evidence herein set\nforth:\n (1) World war I, from the sixth day of April, nineteen hundred\nseventeen, to and including the eleventh day of November, nineteen\nhundred eighteen.\n (2) World war II, from the seventh day of December, nineteen hundred\nforty-one, to and including the thirty-first day of December, nineteen\nhundred forty-six.\n (3) Hostilities participated in by the military forces of the United\nStates, from the twenty-seventh day of June, nineteen hundred fifty, to\nand including the thirty-first day of January, nineteen hundred\nfifty-five.\n (4) Hostilities participated in by the military forces of the United\nStates, from the twenty-eighth day of February, nineteen hundred\nsixty-one to the seventh day of May, nineteen hundred seventy-five.\n (5) Hostilities participated in by the military forces of the United\nStates in Lebanon, from the first day of June, nineteen hundred\neighty-three to the first day of December, nineteen hundred\neighty-seven, as established by receipt of the armed forces\nexpeditionary medal, the navy expeditionary medal, or the marine corps\nexpeditionary medal.\n (6) Hostilities participated in by the military forces of the United\nStates in Grenada, from the twenty-third day of October, nineteen\nhundred eighty-three to the twenty-first day of November, nineteen\nhundred eighty-three, as established by receipt of the armed forces\nexpeditionary medal, the navy expeditionary medal, or the marine corps\nexpeditionary medal.\n (7) Hostilities participated in by the military forces of the United\nStates in Panama, from the twentieth day of December, nineteen hundred\neighty-nine to the thirty-first day of January, nineteen hundred ninety,\nas established by receipt of the armed forces expeditionary medal, the\nnavy expeditionary medal, or the marine corps expeditionary medal.\n (8) Hostilities participated in by the military forces of the United\nStates in the Persian Gulf, from the second day of August, nineteen\nhundred ninety to the end of such hostilities.\n (d) The term "time of application for original appointment or\npromotion" shall mean the date of the establishment of an eligible list\nresulting from a competitive examination for original appointment or\npromotion, as the case may be, which date shall be the date on which the\nterm of such eligible list commences.\n (e) The term "time of retention" shall mean the time of abolition or\nelimination of positions.\n 2. Additional credits in competitive examinations for original\nappointment or promotion.\n (a) On all eligible lists resulting from competitive examinations, the\nnames of eligibles shall be entered in the order of their respective\nfinal earned ratings on examination, with the name of the eligible with\nthe highest final earned rating at the head of such list, provided,\nhowever, that for the purpose of determining final earned ratings,\n (1) Disabled veterans shall be entitled to receive ten points\nadditional in a competitive examination for original appointment and\nfive points additional credit in a competitive examination for\npromotion, and\n (2) Non-disabled veterans shall be entitled to receive five points\nadditional credit in a competitive examination for original appointment\nand two and one-half points additional credit in a competitive\nexamination for promotion.\n (b) Such additional credit shall be added to the final earned rating\nof such disabled veteran or non-disabled veteran, as the case may be,\nafter he or she has qualified in the competitive examination and shall\nbe granted only at the time of establishment of the resulting eligible\nlist.\n 3. Application for additional credit; proof of eligibility;\nestablishment of eligible list. Any candidate, believing himself\nentitled to additional credit in a competitive examination as provided\nherein, may make application for such additional credit at any time\nbetween the date of his application for examination and the date of the\nestablishment of the resulting eligible list. Such candidates shall be\nallowed a period of not less than two months from the date of the filing\nof his application for examination in which to establish by appropriate\ndocumentary proof his eligibility to receive additional credit under\nthis section. At any time after two months have elapsed since the final\ndate for filing applications for a competitive examination for original\nappointment or promotion, the eligible list resulting from such\nexamination may be established, notwithstanding the fact that a veteran\nor disabled veteran who has applied for additional credit has failed to\nestablish his eligibility to receive such additional credit. A candidate\nwho fails to establish, by appropriate documentary proof, his\neligibility to receive additional credit by the time an eligible list is\nestablished shall not thereafter be granted additional credit on such\neligible list.\n 4. Use of additional credit. (a) Except as herein otherwise provided,\nno person who has received a permanent original appointment or a\npermanent promotion in the civil service of the state or of any city or\ncivil division thereof from an eligible list on which he was allowed the\nadditional credit granted by this section, either as a veteran or\ndisabled veteran, shall thereafter be entitled to any additional credit\nunder this section either as a veteran or a disabled veteran.\n (b) Where, at the time of establishment of an eligible list, the\nposition of a veteran or disabled veteran on such list has not been\naffected by the addition of credits granted under this section, the\nappointment or promotion of such veteran or disabled veteran, as the\ncase may be, from such eligible list shall not be deemed to have been\nmade from an eligible list on which he was allowed the additional credit\ngranted by this section.\n (c) If, at the time of appointment from an eligible list, a veteran or\ndisabled veteran is in the same relative standing among the eligibles\nwho are willing to accept appointment as if he had not been granted the\nadditional credits provided by this section, his appointment from among\nsuch eligibles shall not be deemed to have been made from an eligible\nlist on which he was allowed such additional credits.\n (d) Where a veteran or disabled veteran has been originally appointed\nor promoted from an eligible list on which he was allowed additional\ncredit, but such appointment or promotion is thereafter terminated\neither at the end of the probationary term or by resignation at or\nbefore the end of the probationary term, he shall not be deemed to have\nbeen appointed or promoted, as the case may be, from an eligible list on\nwhich he was allowed additional credit, and such appointment or\npromotion shall not affect his eligibility for additional credit in\nother examinations.\n 5. Withdrawal of application; election to relinquish additional\ncredit. An application for additional credit in a competitive\nexamination under this section may be withdrawn by the applicant at any\ntime prior to the establishment of the resulting eligible list. At any\ntime during the term of existence of an eligible list resulting from a\ncompetitive examination in which a veteran or disabled veteran has\nreceived the additional credit granted by this section, such veteran or\ndisabled veteran may elect, prior to permanent original appointment or\npermanent promotion, to relinquish the additional credit theretofore\ngranted to him and accept the lower position on such eligible list to\nwhich he would otherwise have been entitled; provided, however, that\nsuch election shall thereafter be irrevocable. Such election shall be in\nwriting and signed by the veteran or disabled veteran, and transmitted\nto the state civil service department or the appropriate municipal civil\nservice commission.\n 6. Roster. The state civil service department and each municipal\ncommission shall establish and maintain in its office a roster of all\nveterans and disabled veterans appointed or promoted as a result of\nadditional credits granted by this section to positions under its\njurisdiction. The appointment or promotion of a veteran or disabled\nveteran as a result of additional credits shall be void if such veteran\nor disabled veteran, prior to such appointment or promotion, had been\nappointed or promoted as a result of additional credits granted by this\nsection.\n 7. Preference in retention upon the abolition of positions. In the\nevent of the abolition or elimination of any position in the civil\nservice for which eligible lists are established or any position the\nincumbent of which is encompassed by section eighty-a of this chapter,\nany suspension, demotion or displacement shall be made in the inverse\norder of the date of original appointment in the service subject to the\nfollowing conditions: (1) blind employees shall be granted absolute\npreference in retention; (2) the date of such original appointment for\ndisabled veterans shall be deemed to be sixty months earlier than the\nactual date, determined in accordance with section thirty of the general\nconstruction law; (3) the date of such original appointment for\nnon-disabled veterans shall be deemed to be thirty months earlier than\nthe actual date, determined in accordance with section thirty of the\ngeneral construction law; (4) no permanent competitive class employee\nsubject to the jurisdiction of the civil service commission of the city\nof New York who receives an injury in the line of duty, as defined in\nthis paragraph, which requires immediate hospitalization, and which is\nnot compensable through workmen's compensation may be suspended, demoted\nor displaced pursuant to section eighty of this chapter within three\nmonths of the date of his confinement, provided that medical authorities\napproved by such commission shall certify that the employee is not able\nto perform the duties of his position; provided further, that such\nthree-month period may be extended by such commission for additional\nperiods not to exceed one year each upon the certification of medical\nauthorities selected by such commission that the employee is, as a\nresult of his injury, still not able to perform the duties of his\nposition. An injury in the line of duty, as used herein, shall be\nconstrued to mean an injury which is incurred as a direct result of the\nlawful performance of the duties of the position. In determining whether\nan injury was received in the line of duty, such commission shall\nrequire the head of the agency by which the employee is employed to\ncertify that the injury was received as a direct result of the lawful\nperformance of the employee's duties; and (5) the spouse of a veteran\nwith one hundred percent service connected disability shall be deemed to\nbe sixty months earlier than the actual date, determined in accordance\nwith section thirty of the general construction law, provided, the\nspouse is domiciled with the veteran-spouse and is the head of the\nhousehold. This section shall not be construed as conferring any\nadditional benefit upon such employee other than a preference in\nretention. Such employee shall be subject to transfer upon the abolition\nof his function within his agency or department.\n 7-a. For the purpose of subdivision seven of this section, the terms\n"date of original appointment" and "date of original appointment in the\nservice" shall mean, for persons subject to subdivisions one-a and one-c\nof section eighty of this chapter, the date of original appointment on a\npermanent basis in the grade or title in the service of the governmental\njurisdiction in which such abolition or reduction occurs.\n 8. Penalty for denial of preference in retention. A refusal to allow\nthe preference in retention provided for in this section to any veteran\nor disabled veteran, or a reduction of his compensation intended to\nbring about his resignation shall be deemed a misdemeanor, and any such\nveteran or disabled veteran shall have a right of action therefor in any\ncourt of competent jurisdiction for damages and for righting the wrong.\n