STATE OF NEW YORK ________________________________________________________________________ 2080 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to promotional exams The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 85-a of the civil service law, as amended by chap- 2 ter 376 of the laws of 2013, is amended to read as follows: 3 § 85-a. Additional credits allowed children and siblings of firefight- 4 ers, police officers, emergency medical technicians and paramedics 5 killed in the line of duty. 1. Additional credit authorized. Additional 6 credits shall be allowed children and siblings of firefighters, police 7 officers, emergency medical technicians and paramedics killed in the 8 line of duty, as "child" and "sibling" in this section in competitive 9 examinations for original appointment. (a) On all eligible lists result- 10 ing from competitive examinations, the names of eligible persons shall 11 be entered in the order of their respective final earned ratings on 12 examinations, with the name of the eligible person with the highest 13 final earned ratings at the head of such list, provided, however, that 14 for the purpose of determining final earned ratings, children and 15 siblings of firefighters, police officers, emergency medical technicians 16 and paramedics killed in the line of duty shall be entitled to receive 17 an additional ten points in a competitive examination for original 18 appointment in the same municipality in which his or her parent or 19 sibling has served and an additional five points in a competitive exam- 20 ination for promotion in the same municipality in which his or her 21 parent or sibling has served. For the purposes of this paragraph, a 22 police officer or firefighter shall be deemed to have "served" in a 23 municipality if he or she was employed by, or worked primarily in, that 24 municipality. 25 (b) Such additional credit shall be added to the final earned rating 26 of such child or sibling, as the case may be, after he or she has quali- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04214-01-7

A. 2080 2 1 fied in the competitive examination and shall be granted only at the 2 time of establishment of the resulting eligible list. 3 2. Application for additional credit; proof of eligibility; establish- 4 ment of eligible list. Any candidate, believing himself or herself enti- 5 tled to additional credit in a competitive examination as provided in 6 this section, may make application for such additional credit at any 7 time between the date of his or her application for examination and the 8 date of the establishment of the resulting eligible list. Such candi- 9 dates shall be allowed a period of not less than two months from the 10 date of the filing of his or her application for examination in which to 11 establish by appropriate documentary proof his or her eligibility to 12 receive additional credit under this section. At any time after two 13 months have elapsed since the final date for filing applications for a 14 competitive examination for original appointment or promotion, the 15 eligible list resulting from such examination may be established, 16 notwithstanding the fact that a child or sibling who has applied for 17 additional credit has failed to establish his or her eligibility to 18 receive such additional credit. A candidate who fails to establish, by 19 appropriate documentary proof, his or her eligibility to receive addi- 20 tional credit by the time an eligible list is established shall not 21 thereafter be granted additional credit on such eligible list. 22 3. Use of additional credit. (a) Except as otherwise provided in this 23 subdivision, no person who has received a permanent original appointment 24 or a permanent promotion in the civil service of the state or of any 25 city or civil division thereof from an eligible list on which he or she 26 was allowed the additional credit granted by this section as a child or 27 sibling, shall thereafter be entitled to any additional credit under 28 this section as a child or sibling. 29 (b) Where, at the time of establishment of an eligible list, the posi- 30 tion of a child or sibling on such list has not been affected by the 31 addition of credits granted under this section, the appointment or 32 promotion of such child or sibling from such eligible list shall not be 33 deemed to have been made from an eligible list on which he or she was 34 allowed the additional credit granted by this section. 35 (c) If, at the time of appointment from an eligible list, a child or 36 sibling is in the same relative standing among the eligible persons who 37 are willing to accept appointment as if he or she had not been granted 38 the additional credits as provided by this section, his or her appoint- 39 ment from such eligible persons shall not be deemed to have been made 40 from an eligible list on which he or she was allowed such additional 41 credits. 42 (d) Where a child or sibling has been originally appointed or promoted 43 from an eligible list on which he or she was allowed such additional 44 credit, but such appointment or promotion is thereafter terminated 45 either at the end of the probationary term or by resignation at or 46 before the end of the probationary term, he or she shall not be deemed 47 to have been appointed or promoted, as the case may be, from an eligible 48 list on which he or she is allowed additional credit, and such appoint- 49 ment or promotion shall not affect his or her eligibility for additional 50 credit in other examinations. 51 4. Withdrawal of application; election to relinquish additional cred- 52 it. An application for additional credit in a competitive examination 53 under this section may be withdrawn by the applicant at any time prior 54 to the establishment of the resulting eligible list. At any time during 55 the term of existence of an eligible list resulting from a competitive 56 examination in which a child or sibling has received the additional

A. 2080 3 1 credit granted by this section, such child or sibling may elect, prior 2 to permanent original appointment or permanent promotion, to relinquish 3 the additional credit theretofore granted to him or her and accept the 4 lower position on such eligible list to which he or she would otherwise 5 have been entitled; provided, however, that such election shall there- 6 after be irrevocable. Such election shall be in writing and signed by 7 the child or sibling, and transmitted to the department or the appropri- 8 ate municipal civil service commission. 9 5. Roster. The department and each municipal commission shall estab- 10 lish and maintain in its office a roster of all such children or 11 siblings appointed or promoted as a result of additional credits granted 12 by this section to positions under its jurisdiction. The appointment or 13 promotion of a child or sibling as a result of additional credits shall 14 be void if such child or sibling, prior to such appointment or 15 promotion, had been appointed or promoted as a result of additional 16 credits granted by this section. 17 § 2. Subdivisions 2, 3, 4, 5 and 6 of section 85-b of the civil 18 service law, as amended by chapter 376 of the laws of 2013, are amended 19 to read as follows: 20 2. Additional credit authorized. Additional credits shall be allowed 21 children and siblings of firefighters and police officers killed in the 22 line of duty in competitive examinations for original appointment or 23 permanent promotion. (a) On all eligible lists resulting from compet- 24 itive examinations, the names of eligible persons shall be entered in 25 the order of their respective final earned ratings on examinations, with 26 the name of the eligible person with the highest final earned ratings at 27 the head of such list, provided, however, that for the purpose of deter- 28 mining final earned ratings, children and siblings of firefighters and 29 police officers killed in the line of duty shall be entitled to receive 30 an additional ten points in a competitive examination for original 31 appointment in the same municipality in which his or her parent or 32 sibling has served and an additional five points in a competitive exam- 33 ination for promotion in the same municipality in which his or her 34 parent or sibling has served. 35 (b) Such additional credit shall be added to the final earned rating 36 of such child or sibling, as the case may be, after he or she has quali- 37 fied in the competitive examination and shall be granted only at the 38 time of establishment of the resulting eligible list. 39 3. Application for additional credit; proof of eligibility; establish- 40 ment of eligible list. Any candidate, believing himself or herself enti- 41 tled to additional credit in a competitive examination as provided in 42 this section, may make application for such additional credit at any 43 time between the date of his or her application for examination and the 44 date of the establishment of the resulting eligible list. Such candi- 45 dates shall be allowed a period of not less than two months from the 46 date of the filing of his or her application for examination in which to 47 establish by appropriate documentary proof his or her eligibility to 48 receive additional credit under this section. At any time after two 49 months have elapsed since the final date for filing applications for a 50 competitive examination for original appointment or promotion, the 51 eligible list resulting from such examination may be established, 52 notwithstanding the fact that a child or sibling who has applied for 53 additional credit has failed to establish his or her eligibility to 54 receive such additional credit. A candidate who fails to establish, by 55 appropriate documentary proof, his or her eligibility to receive addi-

A. 2080 4 1 tional credit by the time an eligible list is established shall not 2 thereafter be granted additional credit on such eligible list. 3 4. Use of additional credit. (a) Except as otherwise provided in this 4 subdivision, no person who has received a permanent original appointment 5 or a permanent promotion in the civil service of the state or of any 6 city or civil division thereof from an eligible list on which he or she 7 was allowed the additional credit granted by this section as a child or 8 sibling, shall thereafter be entitled to any additional credit under 9 this section as a child or sibling. 10 (b) Where, at the time of establishment of an eligible list, the posi- 11 tion of a child or sibling on such list has not been affected by the 12 addition of credits granted under this section, the appointment or 13 promotion of such child or sibling from such eligible list shall not be 14 deemed to have been made from an eligible list on which he or she was 15 allowed the additional credit granted by this section. 16 (c) If, at the time of appointment from an eligible list, a child or 17 sibling is in the same relative standing among the eligible persons who 18 are willing to accept appointment as if he or she had not been granted 19 the additional credits as provided by this section, his or her appoint- 20 ment from such eligible persons shall not be deemed to have been made 21 from an eligible list on which he or she was allowed such additional 22 credits. 23 (d) Where a child or sibling has been originally appointed or promoted 24 from an eligible list on which he or she was allowed such additional 25 credit, but such appointment or promotion is thereafter terminated 26 either at the end of the probationary term or by resignation at or 27 before the end of the probationary term, he or she shall not be deemed 28 to have been appointed or promoted, as the case may be, from an eligible 29 list on which he or she is allowed additional credit, and such appoint- 30 ment shall not affect his or her eligibility for additional credit in 31 other examinations. 32 5. Withdrawal of application; election to relinquish additional cred- 33 it. An application for additional credit in a competitive examination 34 under this section may be withdrawn by the applicant at any time prior 35 to the establishment of the resulting eligible list. At any time during 36 the term of existence of an eligible list resulting from a competitive 37 examination in which a child or sibling has received the additional 38 credit granted by this section, such child or sibling may elect, prior 39 to permanent original appointment or permanent promotion, to relinquish 40 the additional credit theretofore granted to him or her and accept the 41 lower position on such eligible list to which he or she would otherwise 42 have been entitled; provided, however, that such election shall there- 43 after be irrevocable. Such election shall be in writing and signed by 44 the child or sibling, and transmitted to the department or the appropri- 45 ate municipal civil service commission. 46 6. Roster. The department and each municipal commission shall estab- 47 lish and maintain in its office a roster of all such children and 48 siblings appointed or promoted as a result of additional credits granted 49 by this section to positions under its jurisdiction. The appointment or 50 promotion of a child or sibling as a result of additional credits shall 51 be void if such child or sibling, prior to such appointment or 52 promotion, had been appointed or promoted as a result of additional 53 credits granted by this section. 54 § 3. Subdivisions 2, 3, 4, 5 and 6 of section 85-c of the civil 55 service law, as amended by chapter 376 of the laws of 2013, are amended 56 to read as follows:

A. 2080 5 1 2. Additional credit authorized. Additional credits shall be allowed 2 children and siblings of emergency medical technicians killed in the 3 line of duty in competitive examinations for original appointment or 4 permanent promotion. 5 (a) On all eligible lists resulting from competitive examinations, the 6 names of eligible persons shall be entered in the order of their respec- 7 tive final earned ratings on examinations, with the name of the eligible 8 person with the highest final earned ratings at the head of such list; 9 provided, however, that for the purpose of determining final earned 10 ratings, children and siblings of emergency medical technicians killed 11 in the line of duty shall be entitled to receive an additional ten 12 points in a competitive examination for original appointment in the same 13 municipality in which his or her parent or sibling has served and an 14 additional five points in a competitive examination for promotion in the 15 same municipality in which his or her parent or sibling has served. 16 (b) Such additional credit shall be added to the final earned rating 17 of such child or sibling, as the case may be, after he or she has quali- 18 fied in the competitive examination and shall be granted only at the 19 time of establishment of the resulting eligible list. 20 3. Application for additional credit; proof of eligibility; establish- 21 ment of eligible list. Any candidate, believing himself or herself enti- 22 tled to additional credit in a competitive examination as provided in 23 this section, may make application for such additional credit at any 24 time between the date of his or her application for examination and the 25 date of the establishment of the resulting eligible list. Such candi- 26 dates shall be allowed a period of not less than two months from the 27 date of the filing of his or her application for examination in which to 28 establish by appropriate documentary proof his or her eligibility to 29 receive additional credit under this section. At any time after two 30 months have elapsed since the final date for filing applications for a 31 competitive examination for original appointment or promotion, the 32 eligible list resulting from such examination may be established, 33 notwithstanding the fact that a child or sibling who has applied for 34 additional credit has failed to establish his or her eligibility to 35 receive such additional credit. A candidate who fails to establish, by 36 appropriate documentary proof, his or her eligibility to receive addi- 37 tional credit by the time an eligible list is established shall not 38 thereafter be granted additional credit on such eligible list. 39 4. Use of additional credit. (a) Except as otherwise provided in this 40 subdivision, no person who has received a permanent original appointment 41 or permanent promotion in the civil service of the state or of any city 42 or civil division thereof from an eligible list on which he or she was 43 allowed the additional credit granted by this section as a child or 44 sibling, shall thereafter be entitled to any additional credit under 45 this section as a child or sibling. 46 (b) Where, at the time of establishment of an eligible list, the posi- 47 tion of a child or sibling on such list has not been affected by the 48 addition of credits granted under this section, the appointment or 49 promotion of such child or sibling from such eligible list shall not be 50 deemed to have been made from an eligible list on which he or she was 51 allowed the additional credit granted by this section. 52 (c) If, at the time of appointment from an eligible list, a child or 53 sibling is in the same relative standing among the eligible persons who 54 are willing to accept appointment as if he or she had not been granted 55 the additional credits as provided by this section, his or her appoint- 56 ment from such eligible persons shall not be deemed to have been made

A. 2080 6 1 from an eligible list on which he or she was allowed such additional 2 credits. 3 (d) Where a child or sibling has been originally appointed or promoted 4 from an eligible list on which he or she was allowed such additional 5 credit, but such appointment or promotion is thereafter terminated 6 either at the end of the probationary term or by resignation at or 7 before the end of the probationary term, he or she shall not be deemed 8 to have been appointed or promoted, as the case may be, from an eligible 9 list on which he or she is allowed additional credit, and such appoint- 10 ment or promotion shall not affect his or her eligibility for additional 11 credit in other examinations. 12 5. Withdrawal of application; election to relinquish additional cred- 13 it. An application for additional credit in a competitive examination 14 under this section may be withdrawn by the applicant at any time prior 15 to the establishment of the resulting eligible list. At any time during 16 the term of existence of an eligible list resulting from a competitive 17 examination in which a child or sibling has received the additional 18 credit granted by this section, such child or sibling may elect, prior 19 to permanent original appointment or permanent promotion, to relinquish 20 the additional credit theretofore granted to him or her and accept the 21 lower position on such eligible list to which he or she would otherwise 22 have been entitled; provided, however, that such election shall there- 23 after be irrevocable. Such election shall be in writing and signed by 24 the child or sibling, and transmitted to the department or the appropri- 25 ate municipal civil service commission. 26 6. Roster. The department and each municipal commission shall estab- 27 lish and maintain in its office a roster of all such children and 28 siblings appointed or promoted as a result of additional credits granted 29 by this section to positions under its jurisdiction. The appointment or 30 promotion of a child or sibling as a result of additional credits shall 31 be void if such child or sibling, prior to such appointment or 32 promotion, had been appointed or promoted as a result of additional 33 credits granted by this section. 34 § 4. This act shall take effect immediately.

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