STATE OF NEW YORK
        ________________________________________________________________________
                                          5548
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2019
                                       ___________
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Governmental Employees
        AN  ACT  to  amend  the  civil  service law, in relation to the award of
          competitive civil service status for the spouse or children  of  mili-
          tary service persons killed in the line of duty
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The civil service law is amended by adding  a  new  section
     2  85-d to read as follows:
     3    §  85-d.  Award  of competitive civil service status for the spouse or
     4  children of military service persons killed in  the  line  of  duty.  1.
     5  Definition.  As used in this section, "killed in the line of duty" shall
     6  mean a member of the armed forces of the United States  having  died  in
     7  the performance of duty in time of war.
     8    2.  Award  authorized.  An  award  of competitive civil service status
     9  shall be allowed for the spouse or children of military  persons  killed
    10  in the line of duty.
    11    3. Application for award; proof of eligibility. Any candidate, believ-
    12  ing  himself  or  herself  entitled  to  the  award of competitive civil
    13  service status as provided in this section,  may  make  application  for
    14  such  status  at any time between the date of his or her application for
    15  such status and the date of the establishment of the resulting  eligible
    16  list.  Such  candidates  shall  be allowed a period of not less than two
    17  months from the date of the filing of his or her  application  for  such
    18  status in which to establish by appropriate documentary proof his or her
    19  eligibility to receive such status under this section. At any time after
    20  two months have elapsed since the final date for filing applications for
    21  such  status  for original appointment, the eligible list resulting from
    22  such examination may be established, notwithstanding  the  fact  that  a
    23  spouse  or child who has applied for such status has failed to establish
    24  his or her eligibility to receive such status. A candidate who fails  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08149-01-9

        A. 5548                             2
     1  establish,  by  appropriate documentary proof, his or her eligibility to
     2  receive such status by the time an eligible list  is  established  shall
     3  not thereafter be granted such status on such eligible list.
     4    4.  Use  of  additional credit. No person who has received a permanent
     5  original appointment in the civil service of the state or of any city or
     6  civil division thereof from an eligible list on  which  he  or  she  was
     7  allowed  the  status granted by this section as a spouse or child, shall
     8  thereafter be entitled to any additional credit under this section as  a
     9  spouse or child.
    10    § 2. This act shall take effect immediately.