Bill Text: NY A05447 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to veterans' credits for civil service appointments and promotions; removes the time of war requirement for veterans to qualify for additional credit.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-06-03 - substituted by s763 [A05447 Detail]

Download: New_York-2021-A05447-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5447

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        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 veterans' credits
          for civil service appointments and promotions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1 of section 85 of the civil service law, as
     2  added by chapter 790 of the laws of 1958, paragraph (a) and subparagraph
     3  2 of paragraph (b) as amended by chapter 490 of the laws of 2019,  para-
     4  graph  (b) as amended by chapter 661 of the laws of 1983, subparagraph 3
     5  of paragraph (b) and paragraph (c) as amended by chapter 467 of the laws
     6  of 1991 and subparagraph 4 of paragraph (c) as amended by chapter 179 of
     7  the laws of 2006, is amended to read as follows:
     8    1. Definitions.  (a) The terms "veteran"  and  "non-disabled  veteran"
     9  mean a member of the armed forces of the United States [who served ther-
    10  ein  in  time  of  war,]  who was honorably discharged or released under
    11  honorable circumstances from such service including (i) having a  quali-
    12  fying  condition as defined in section three hundred fifty of the execu-
    13  tive law, and receiving a discharge other than bad conduct or  dishonor-
    14  able  from  such  service,  or  (ii) being a discharged LGBT veteran, as
    15  defined in section three hundred fifty of the executive law, and receiv-
    16  ing a discharge  other  than  bad  conduct  or  dishonorable  from  such
    17  service,  who  is  a  citizen  of the United States or an alien lawfully
    18  admitted for permanent residence in the United States and who is a resi-
    19  dent of the state of New York at the time of application for appointment
    20  or promotion or at the time of retention, as the case may be.
    21    (b) The term "disabled veteran" means a veteran who  is  certified  by
    22  the  United  States veterans' administration or a military department as
    23  entitled to receive disability payments upon the certification  of  such
    24  veterans'  administration  or  a  military  department  for a disability
    25  incurred by him or her in [time of war] the course of his or her service

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03096-01-1
        A. 5447                             2

     1  and in existence at the time of application for appointment or promotion
     2  or at the time of retention, as the case may be. Such  disability  shall
     3  be  deemed to be in existence at the time of application for appointment
     4  or  promotion  or  at  the time of retention, as the case may be, if the
     5  certificate of such veterans' administration shall  state  affirmatively
     6  that  such veteran has been examined by a medical officer of such veter-
     7  ans' administration on a date within one year  of  either  the  date  of
     8  filing  application for competitive examination for original appointment
     9  or promotion or the date of the establishment of the resulting  eligible
    10  list  or  within  one year of the time of retention, as the case may be;
    11  that at the time  of  such  examination  the  [war-incurred]  disability
    12  described in such certificate was found to exist; and that such disabil-
    13  ity  is  rated  at ten per centum or more. Such disability shall also be
    14  deemed to be in existence at such time if the certificate of such veter-
    15  ans' administration shall state affirmatively that  a  permanent  stabi-
    16  lized  condition  of disability exists to an extent of ten per centum or
    17  more, notwithstanding the fact that such veteran has not  been  examined
    18  by a medical officer of such veterans' administration within one year of
    19  either  the time of application for appointment or promotion or the date
    20  of filing application for competitive examination for original  appoint-
    21  ment  or  promotion, or within one year of the time of retention, as the
    22  case may be. [The term "disabled veteran" shall also mean:
    23    (1) A veteran who served in world war I, who continued to serve in the
    24  armed forces of the United States after the eleventh  day  of  November,
    25  nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
    26  provided, by the United States  veterans'  administration  as  receiving
    27  disability  payments  upon  the certification of such veterans' adminis-
    28  tration for a disability incurred by him in such service  on  or  before
    29  the second day of July, nineteen hundred twenty-one.
    30    (2)  A  veteran  who served in world war II, who continued to serve in
    31  the armed forces of the United States after the second day of September,
    32  nineteen hundred forty-five, or who was employed  by  the  War  Shipping
    33  Administration  or Office of Defense Transportation or their agents as a
    34  merchant seaman documented by the United States Coast Guard  or  Depart-
    35  ment  of  Commerce,  or as a civil servant employed by the United States
    36  Army Transport Service (later redesignated as  the  United  States  Army
    37  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    38  Service; and who served satisfactorily as a crew member during the peri-
    39  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    40  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    41  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    42  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    43  to  include "near foreign" voyages between the United States and Canada,
    44  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    45  going service or foreign waters and who has received  a  Certificate  of
    46  Release or Discharge from Active Duty and a discharge certificate, or an
    47  Honorable Service Certificate/Report of Casualty, from the Department of
    48  Defense, or who served as a United States civilian employed by the Amer-
    49  ican  Field  Service  and served overseas under United States Armies and
    50  United States Army Groups in world war II during  the  period  of  armed
    51  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    52  eighth, nineteen hundred forty-five,  and  who  (i)  was  discharged  or
    53  released  therefrom under honorable circumstances or (ii) has a qualify-
    54  ing condition, as defined in section three hundred fifty of  the  execu-
    55  tive  law,  and  has  received  a  discharge  other  than bad conduct or
    56  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
        A. 5447                             3

     1  as  defined in section three hundred fifty of the executive law, and has
     2  received a discharge other than bad conduct or  dishonorable  from  such
     3  service,  or  who  served  as  a  United States civilian Flight Crew and
     4  Aviation Ground Support Employee of Pan American World Airways or one of
     5  its  subsidiaries  or  its affiliates and served overseas as a result of
     6  Pan American's contract with Air Transport Command or Naval  Air  Trans-
     7  port  Service  during the period of armed conflict, December fourteenth,
     8  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
     9  forty-five,  and  who  (iv)  was  discharged or released therefrom under
    10  honorable circumstances or (v) has a qualifying condition, as defined in
    11  section three hundred fifty of the executive law,  and  has  received  a
    12  discharge  other  than bad conduct or dishonorable from such service, or
    13  (vi) is a discharged LGBT veteran, as defined in section  three  hundred
    14  fifty  of the executive law, and has received a discharge other than bad
    15  conduct or dishonorable from such service,  and  who  is  certified,  as
    16  hereinbefore  provided, by the United States veterans' administration as
    17  receiving disability payments upon the certification of  such  veterans'
    18  administration  for  a  disability incurred by him in such service on or
    19  before the date that world war II is declared terminated.
    20    (3) A veteran who served during hostilities  participated  in  by  the
    21  military  forces of the United States subsequent to June twenty-seventh,
    22  nineteen hundred fifty, and who continued to serve in the  armed  forces
    23  of  the  United  States  after the thirty-first day of January, nineteen
    24  hundred fifty-five, and who is certified, as hereinbefore  provided,  by
    25  the  United  States  veterans'  administration  as  receiving disability
    26  payments upon the certification of such veterans' administration  for  a
    27  disability incurred by him in such service.
    28    (c)  The  term  "time  of  war"  shall  include the following wars and
    29  hostilities for the periods and  based  upon  the  evidence  herein  set
    30  forth:
    31    (1)  World war I, from the sixth day of April, nineteen hundred seven-
    32  teen, to and including the eleventh day of  November,  nineteen  hundred
    33  eighteen.
    34    (2)  World  war II, from the seventh day of December, nineteen hundred
    35  forty-one, to and including the thirty-first day of  December,  nineteen
    36  hundred forty-six.
    37    (3)  Hostilities  participated in by the military forces of the United
    38  States, from the twenty-seventh day of June, nineteen hundred fifty,  to
    39  and  including  the thirty-first day of January, nineteen hundred fifty-
    40  five.
    41    (4) Hostilities participated in by the military forces of  the  United
    42  States,  from the twenty-eighth day of February, nineteen hundred sixty-
    43  one to the seventh day of May, nineteen hundred seventy-five.
    44    (5) Hostilities participated in by the military forces of  the  United
    45  States  in Lebanon, from the first day of June, nineteen hundred eighty-
    46  three to the first day of December, nineteen  hundred  eighty-seven,  as
    47  established by receipt of the armed forces expeditionary medal, the navy
    48  expeditionary medal, or the marine corps expeditionary medal.
    49    (6)  Hostilities  participated in by the military forces of the United
    50  States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
    51  hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
    52  hundred eighty-three, as established by  receipt  of  the  armed  forces
    53  expeditionary  medal,  the navy expeditionary medal, or the marine corps
    54  expeditionary medal.
    55    (7) Hostilities participated in by the military forces of  the  United
    56  States  in  Panama, from the twentieth day of December, nineteen hundred
        A. 5447                             4

     1  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
     2  as established by receipt of the armed forces expeditionary  medal,  the
     3  navy expeditionary medal, or the marine corps expeditionary medal.
     4    (8)  Hostilities  participated in by the military forces of the United
     5  States in the Persian Gulf, from the  second  day  of  August,  nineteen
     6  hundred ninety to the end of such hostilities.
     7    (d)]  (c)  The  term  "time of application for original appointment or
     8  promotion" shall mean the date of the establishment of an eligible  list
     9  resulting  from  a  competitive  examination for original appointment or
    10  promotion, as the case may be, which date shall be the date on which the
    11  term of such eligible list commences.
    12    [(e)] (d) The term "time of retention" shall mean the time  of  aboli-
    13  tion or elimination of positions.
    14    §  2.  This  act shall take effect immediately, provided however, such
    15  additional point  shall  only  apply  to  competitive  examinations  for
    16  original  appointment and for promotion created after the effective date
    17  of this act.