N.Y. Civ. Serv. Law § 86

* § 86. Transfer of veterans or exempt volunteer firefighters upon\nabolition of positions. If the position in the non-competitive or in the\nlabor class held by any honorably discharged veteran of the armed forces\nof the United States who served therein in time of war as defined in\nsection eighty-five of this chapter, or by an exempt volunteer\nfirefighter as defined in the general municipal law, shall become\nunnecessary or be abolished for reasons of economy or otherwise, the\nhonorably discharged veteran or exempt volunteer firefighter holding\nsuch position shall not be discharged from the public service but shall\nbe transferred to a similar position wherein a vacancy exists, and shall\nreceive the same compensation therein. It is hereby made the duty of all\npersons clothed with the power of appointment to make such transfer\neffective. The right to transfer herein conferred shall continue for a\nperiod of one year following the date of abolition of the position, and\nmay be exercised only where a vacancy exists in an appropriate position\nto which transfer may be made at the time of demand for transfer. Where\nthe positions of more than one such veteran or exempt volunteer\nfirefighter are abolished and a lesser number of vacancies in similar\npositions exist to which transfer may be made, the veterans or exempt\nvolunteer firefighters whose positions are abolished shall be entitled\nto transfer to such vacancies in the order of their original appointment\nin the service. Nothing in this section shall be construed to apply to\nthe position of private secretary, cashier or deputy of any official or\ndepartment. This section shall have no application to persons\nencompassed by section eighty-a of this chapter.\n * NB Effective until November 12, 2020\n * § 86. Transfer of veterans or exempt volunteer firefighters upon\nabolition of positions. If the position in the non-competitive or in the\nlabor class held by any honorably discharged veteran of the armed forces\nof the United States or by any veteran of the armed forces of the United\nStates released under honorable circumstances from such service\nincluding (i) having a qualifying condition as defined in section three\nhundred fifty of the executive law, and receiving a discharge other than\nbad conduct or dishonorable from such service, or (ii) being a\ndischarged LGBT veteran, as defined in section three hundred fifty of\nthe executive law, and receiving a discharge other than bad conduct or\ndishonorable from such service, who served therein in time of war as\ndefined in section eighty-five of this chapter, or by an exempt\nvolunteer firefighter as defined in the general municipal law, shall\nbecome unnecessary or be abolished for reasons of economy or otherwise,\nthe honorably discharged veteran or exempt volunteer firefighter holding\nsuch position shall not be discharged from the public service but shall\nbe transferred to a similar position wherein a vacancy exists, and shall\nreceive the same compensation therein. It is hereby made the duty of all\npersons clothed with the power of appointment to make such transfer\neffective. The right to transfer herein conferred shall continue for a\nperiod of one year following the date of abolition of the position, and\nmay be exercised only where a vacancy exists in an appropriate position\nto which transfer may be made at the time of demand for transfer. Where\nthe positions of more than one such veteran or exempt volunteer\nfirefighter are abolished and a lesser number of vacancies in similar\npositions exist to which transfer may be made, the veterans or exempt\nvolunteer firefighters whose positions are abolished shall be entitled\nto transfer to such vacancies in the order of their original appointment\nin the service. Nothing in this section shall be construed to apply to\nthe position of private secretary, cashier or deputy of any official or\ndepartment. This section shall have no application to persons\nencompassed by section eighty-a of this chapter.\n * NB Effective November 12, 2020\n