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. LBD08149-01-9A. 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.