STATE OF NEW YORK ________________________________________________________________________ 3155 2025-2026 Regular Sessions IN ASSEMBLY January 23, 2025 ___________ Introduced by M. of A. COLTON -- Multi-Sponsored by -- M. of A. McDO- NOUGH -- read once and referred to the Committee on Local Governments AN ACT to amend the civil service law, in relation to allowing reser- vists with twenty years service to be eligible for two and one-half points on entrance exams and one point on promotional exams The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading, paragraphs (a) and (b) of subdivision 2 2, subdivisions 3, 4, 5 and 6 of section 85 of the civil service law, as 3 added by chapter 790 of the laws of 1958 and paragraph (c) of subdivi- 4 sion 4 as amended by chapter 15 of the laws of 1971, are amended and a 5 new paragraph (b-1) is added to subdivision 1 to read as follows: 6 Additional credit allowed veterans and reservists in competitive exam- 7 inations; preference in retention upon abolition of positions. 8 (b-1) The term "reservist" means a member of the reserve forces or 9 reserve components of the armed forces of the United States who was 10 honorably discharged or released under honorable circumstances from such 11 service, who is a citizen of the United States or a noncitizen lawfully 12 admitted for permanent residence in the United States and who is a resi- 13 dent of the state of New York at the time of application for appointment 14 or promotion or at the time of retention, as the case may be. 15 (a) On all eligible lists resulting from competitive examinations, the 16 names of eligibles shall be entered in the order of their respective 17 final earned ratings on examination, with the name of the eligible with 18 the highest final earned rating at the head of such list, provided, 19 however, that for the purpose of determining final earned ratings, 20 (1) Disabled veterans shall be entitled to receive ten points addi- 21 tional in a competitive examination for original appointment and five 22 points additional credit in a competitive examination for promotion, and 23 (2) Non-disabled veterans shall be entitled to receive five points 24 additional credit in a competitive examination for original appointment EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06501-01-5
A. 3155 2 1 and two and one-half points additional credit in a competitive examina- 2 tion for promotion. 3 (3) Reservists who have served for at least twenty years as members of 4 the armed forces of the United States shall be entitled to receive two 5 and one-half points additional credit in a competitive examination for 6 original appointment, and one point additional credit in a competitive 7 examination for promotion. 8 (b) Such additional credit shall be added to the final earned rating 9 of such disabled veteran or non-disabled veteran or reservist, as the 10 case may be, after [he or she] such veteran or reservist has qualified 11 in the competitive examination and shall be granted only at the time of 12 establishment of the resulting eligible list. 13 3. Application for additional credit; proof of eligibility; establish- 14 ment of eligible list. Any candidate, believing [himself] themself enti- 15 tled to additional credit in a competitive examination as provided here- 16 in, may make application for such additional credit at any time between 17 the date of [his] application for examination and the date of the estab- 18 lishment of the resulting eligible list. Such candidates shall be 19 allowed a period of not less than two months from the date of the filing 20 of [his] the application for examination in which to establish by appro- 21 priate documentary proof [his] the applicant's eligibility to receive 22 additional credit under this section. At any time after two months have 23 elapsed since the final date for filing applications for a competitive 24 examination for original appointment or promotion, the eligible list 25 resulting from such examination may be established, notwithstanding the 26 fact that a veteran or disabled veteran or reservist who has applied for 27 additional credit has failed to establish [his] eligibility to receive 28 such additional credit. A candidate who fails to establish, by appropri- 29 ate documentary proof, [his] eligibility to receive additional credit by 30 the time an eligible list is established shall not thereafter be granted 31 additional credit on such eligible list. 32 4. Use of additional credit. (a) Except as herein otherwise provided, 33 no person who has received a permanent original appointment or a perma- 34 nent promotion in the civil service of the state or of any city or civil 35 division thereof from an eligible list on which [he] such person was 36 allowed the additional credit granted by this section, either as a 37 veteran or disabled veteran or reservist, shall thereafter be entitled 38 to any additional credit under this section either as a veteran or a 39 disabled veteran or reservist. 40 (b) Where, at the time of establishment of an eligible list, the posi- 41 tion of a veteran or disabled veteran or reservist on such list has not 42 been affected by the addition of credits granted under this section, the 43 appointment or promotion of such veteran or disabled veteran or reser- 44 vist, as the case may be, from such eligible list shall not be deemed to 45 have been made from an eligible list on which [he] the veteran or reser- 46 vist was allowed the additional credit granted by this section. 47 (c) If, at the time of appointment from an eligible list, a veteran or 48 disabled veteran or reservist is in the same relative standing among the 49 eligibles who are willing to accept appointment as if [he] such veteran 50 or reservist had not been granted the additional credits provided by 51 this section, [his] the veteran's or reservist's appointment from among 52 such eligibles shall not be deemed to have been made from an eligible 53 list on which [he] the veteran or reservist was allowed such additional 54 credits. 55 (d) Where a veteran or disabled veteran or reservist has been 56 originally appointed or promoted from an eligible list on which [he]
A. 3155 3 1 such veteran or reservist was allowed additional credit, but such 2 appointment or promotion is thereafter terminated either at the end of 3 the probationary term or by resignation at or before the end of the 4 probationary term, [he] the veteran or reservist shall not be deemed to 5 have been appointed or promoted, as the case may be, from an eligible 6 list on which [he] the veteran or reservist was allowed additional cred- 7 it, and such appointment or promotion shall not affect [his] eligibility 8 for additional credit in other examinations. 9 5. Withdrawal of application; election to relinquish additional cred- 10 it. An application for additional credit in a competitive examination 11 under this section may be withdrawn by the applicant at any time prior 12 to the establishment of the resulting eligible list. At any time during 13 the term of existence of an eligible list resulting from a competitive 14 examination in which a veteran or disabled veteran or reservist has 15 received the additional credit granted by this section, such veteran or 16 disabled veteran or reservist may elect, prior to permanent original 17 appointment or permanent promotion, to relinquish the additional credit 18 theretofore granted [to him] and accept the lower position on such 19 eligible list to which [he] such veteran or reservist would otherwise 20 have been entitled; provided, however, that such election shall there- 21 after be irrevocable. Such election shall be in writing and signed by 22 the veteran or disabled veteran or reservist, and transmitted to the 23 state civil service department or the appropriate municipal civil 24 service commission. 25 6. Roster. The state civil service department and each municipal 26 commission shall establish and maintain in its office a roster of all 27 veterans and disabled veterans and reservists appointed or promoted as a 28 result of additional credits granted by this section to positions under 29 its jurisdiction. The appointment or promotion of a veteran or disabled 30 veteran or reservist as a result of additional credits shall be void if 31 such veteran or disabled veteran or reservist, prior to such appointment 32 or promotion, had been appointed or promoted as a result of additional 33 credits granted by this section. 34 § 2. This act shall take effect immediately.