Bill Text: NY A06856 | 2023-2024 | General Assembly | Introduced
Bill Title: Conforms the suspension or demotion upon the abolition or reduction of non-competitive or labor class positions in the state service with such treatment for competitive class positions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-11-21 - signed chap.676 [A06856 Detail]
Download: New_York-2023-A06856-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6856 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, the public authorities law and the military law, in relation to the suspension or demotion upon the abolition or reduction of noncompetitive or labor class positions in the state service; and to repeal certain provisions of the civil service law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 1-d, 2, 4, 5, 6, 7, subpara- 2 graph 1 of paragraph (b) of subdivision 7-a and subdivision 9 of section 3 80 of the civil service law, subdivision 1 as amended by chapter 283 of 4 the laws of 1972, subdivision 1-a as added by chapter 312 of the laws of 5 1976, subdivision 1-b as added by chapter 653 of the laws of 1978, 6 subdivision 1-c as added by chapter 334 of the laws of 1994, subdivision 7 1-d as added by chapter 731 of the laws of 2004, subdivision 2 as 8 amended by chapter 376 of the laws of 1977, subdivision 4 as added by 9 chapter 790 of the laws of 1958, subdivision 5 as amended and subdivi- 10 sions 6 and 7 as added by chapter 283 of the laws of 1972 and such 11 subdivisions as renumbered by chapter 360 of the laws of 1985, subpara- 12 graph 1 of paragraph (b) of subdivision 7-a as added by chapter 528 of 13 the laws of 2001 and subdivision 9 as added by chapter 470 of the laws 14 of 1988, are amended to read as follows: 15 1. Suspension or demotion. Where, because of economy, consolidation or 16 abolition of functions, curtailment of activities or otherwise, posi- 17 tions in the competitive, noncompetitive or labor class are abolished or 18 reduced in rank or salary grade, suspension or demotion, as the case may 19 be, among incumbents holding the same or similar positions in the same 20 jurisdictional class shall be made in the inverse order of original 21 appointment on a permanent basis in the classified service in the 22 service of the governmental jurisdiction in which such abolition or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07715-01-3A. 6856 2 1 reduction of positions occurs, subject to the provisions of subdivision 2 seven of section eighty-five of this chapter; provided, however, that 3 the date of original appointment of any such incumbent who was trans- 4 ferred to such governmental jurisdiction from another governmental 5 jurisdiction upon the transfer of functions shall be the date of 6 original appointment on a permanent basis in the classified service in 7 the service of the governmental jurisdiction from which such transfer 8 was made. Notwithstanding the provisions of this subdivision, however, 9 upon the abolition or reduction of positions in the competitive, noncom- 10 petitive or labor class, incumbents holding the same or similar posi- 11 tions in the same jurisdictional class who have not completed their 12 probationary service shall be suspended or demoted, as the case may be, 13 before any permanent incumbents, and among such probationary employees 14 the order of suspension or demotion shall be determined as if such 15 employees were permanent incumbents. 16 1-a. Notwithstanding the provisions of subdivision one of this 17 section, the members of a police or paid fire department in the city of 18 Buffalo shall be subject to the following procedure. Where, because of 19 economy, consolidation or abolition of functions, curtailment of activ- 20 ities or otherwise, positions in the competitive, noncompetitive or 21 labor class are abolished or reduced in rank or salary grade, suspension 22 or demotion, as the case may be, among incumbents holding the same or 23 similar positions in the same jurisdictional class shall be made in the 24 inverse order of original appointment on a permanent basis in the grade 25 or title in the service of the governmental jurisdiction in which such 26 abolition or reduction of positions occurs, subject to the provisions of 27 subdivision seven of section eighty-five of this chapter. Notwithstand- 28 ing the provisions of this subdivision, however, upon the abolition or 29 reduction of positions in the competitive, noncompetitive or labor 30 class, incumbents holding the same or similar positions in the same 31 jurisdictional who have not completed their probationary service shall 32 be suspended or demoted, as the case may be, before any permanent incum- 33 bents, and among such probationary employees the order of suspension or 34 demotion shall be determined as if such employees were permanent incum- 35 bents. 36 1-b. Notwithstanding the provisions of subdivision one of this 37 section, employees of secure detention facilities in the city of New 38 York and of the alternatives to secure detention facilities program in 39 such city who are performing functions which were assumed by the depart- 40 ment of social services of the city of New York on the tenth day of 41 November, nineteen hundred seventy-one and who, upon such assumption 42 were transferred to said department, shall be subject to the following 43 procedure. Where, because of economy, consolidation or abolition of 44 function, curtailment of activities or otherwise, positions in the 45 competitive, noncompetitive or labor class are abolished, or reduced in 46 rank or salary grade, suspension or demotion, as the case may be, among 47 incumbents holding the same or similar positions in the same jurisdic- 48 tional class shall be made in the inverse order of original appointment 49 on a permanent basis in the classified service in the service of the 50 governmental jurisdiction in which such abolition or reduction of posi- 51 tions occurs, subject to the provisions of subdivision seven of section 52 eighty-five of this chapter; provided, however, that if any person so 53 employed and so transferred was employed on a permanent basis in such a 54 facility or such program prior to the thirtieth day of December, nine- 55 teen hundred sixty-seven, for purposes of this subdivision regarding 56 priority of retention and for no other purpose, the date of originalA. 6856 3 1 appointment of any such person shall be deemed to be the date such 2 permanent employment commenced prior to the said thirtieth day of Decem- 3 ber, nineteen hundred sixty-seven. 4 1-c. Notwithstanding the provisions of subdivision one of this 5 section, sworn employees of the Monroe county sheriff's department shall 6 be subject to the following procedure. Where, because of economy, 7 consolidation or abolition of function, curtailment of activities or 8 otherwise, positions in the competitive, noncompetitive or labor class 9 are abolished, or reduced in rank or salary grade, suspension or 10 demotion, as the case may be, among incumbents holding the same or simi- 11 lar positions in the same jurisdictional class shall be made in the 12 inverse order of original appointment on a permanent basis in the grade 13 or title in the service of the governmental jurisdiction in which such 14 abolition or reduction of positions occurs, subject to the provisions of 15 subdivision seven of section eighty-five of this chapter; provided, 16 however, that if any person so employed was employed in such person's 17 current title prior to the first day of April, nineteen hundred ninety- 18 three, for purposes of this subdivision regarding priority of retention 19 and for no other purpose, the date of original appointment of any such 20 person shall be deemed to be the date such employment commenced prior to 21 the said first day of April, nineteen hundred ninety-three. 22 1-d. Notwithstanding the provisions of subdivision one of this 23 section, the sworn members of the police force of the county of Nassau 24 shall be subject to the following procedure. Where, because of economy, 25 consolidation or abolition of functions, curtailment of activities or 26 otherwise, positions in the competitive, noncompetitive or labor class 27 are abolished or reduced in rank or salary grade, suspension or 28 demotion, as the case may be, among incumbents holding the same or simi- 29 lar positions in the same jurisdictional class shall be made in the 30 inverse order of original appointment on a permanent basis in the grade 31 or title in the service of the governmental jurisdiction in which such 32 abolition or reduction of positions occurs, subject to the provisions of 33 subdivision seven of section eighty-five of this chapter. Notwithstand- 34 ing the provisions of this subdivision, however, upon the abolition or 35 reduction of positions, those employees who have not completed their 36 probationary service shall be suspended or demoted, as the case may be, 37 before any permanent incumbents, and among such probationary employees 38 the order of suspension or demotion shall be determined as if such 39 employees were permanent incumbents. 40 2. Continuous service. Except as otherwise provided herein, for the 41 purposes of this section the original appointment of an incumbent shall 42 mean the date of [his] their first appointment on a permanent basis in 43 the classified service followed by continuous service in the classified 44 service on a permanent basis up to the time of the abolition or 45 reduction of the competitive, noncompetitive or labor class positions. 46 An employee who has resigned and who has been reinstated or reappointed 47 in the service within one year thereafter shall, for the purposes of 48 this section, be deemed to have continuous service. An employee who has 49 been terminated because of a disability resulting from occupational 50 injury or disease as defined in the [workmen's] workers' compensation 51 law and who has been reinstated or reappointed in the service thereafter 52 shall be deemed to have continuous service. A period of employment on a 53 temporary or provisional basis, or in the unclassified service, imme- 54 diately preceded and followed by permanent service in the classified 55 service, shall not constitute an interruption of continuous service for 56 the purposes of this section; nor shall a period of leave of absenceA. 6856 4 1 without pay pursuant to law or the rules of the civil service commission 2 having jurisdiction, or any period during which an employee is suspended 3 from [his] their position pursuant to this section, constitute an inter- 4 ruption of continuous service for the purposes of this section. 5 4. Units for suspension or demotion in civil divisions. Upon the abol- 6 ition or reduction of positions in the service of a civil division, 7 suspension or demotion shall be made from among employees holding the 8 same or similar positions in the same jurisdictional class in the entire 9 department or agency within which such abolition or reduction of posi- 10 tions occurs. In a city having a population of one million or more, the 11 municipal civil service commission may, by rule, designate as separate 12 units for suspension and demotion under the provisions of this section 13 any hospital or institution or any division of any department or agency 14 under its jurisdiction. Upon the abolition or reduction of positions in 15 such service, suspension or demotion, as the case may be, shall be made 16 from among employees holding the same or similar positions in the same 17 jurisdictional class in the department wherein such abolition or 18 reduction occurs, except that where such abolition or reduction occurs 19 in such hospital or institution or division of a department designated 20 as a separate unit for suspension or demotion, suspension or demotion 21 shall be made from among incumbents holding the same or similar posi- 22 tions in the same jurisdictional class in such separate unit. 23 5. Units for suspension or demotion in the state service. The presi- 24 dent may, by regulation, designate as separate units for suspension or 25 demotion under the provisions of this section any state hospital, insti- 26 tution or facility or any division of any state department or agency or 27 specified hospitals, institutions and facilities of a single state 28 department or agency within a particular geographic area as determined 29 by the president. Upon the abolition or reduction of positions in the 30 same jurisdictional class in the state service, suspension or demotion, 31 as the case may be, shall be made from among employees holding the same 32 or similar positions in the department wherein such abolition or 33 reduction occurs, except that where such abolition or reduction occurs 34 in a separate unit for suspension or demotion designated by regulation 35 of the president, suspension or demotion shall be made from among incum- 36 bents holding the same or similar positions in such separate unit. 37 6. Displacement in civil divisions. A permanent incumbent of a posi- 38 tion in a civil division in a specific title to which there is a direct 39 line of promotion who is suspended or displaced pursuant to this 40 section, together with all other such incumbents suspended or displaced 41 at the same time, shall displace, in the inverse order of the order of 42 suspension or demotion prescribed in subdivisions one and two of this 43 section, incumbents serving in positions in the same [lay-off] layoff 44 unit in the next lower occupied title in direct line of promotion who 45 shall be displaced in the order of suspension or demotion prescribed in 46 subdivisions one and two of this section; provided, however, that no 47 incumbent shall displace any other incumbent having greater retention 48 standing in the same jurisdictional class. If a permanent incumbent of 49 a position in a civil division is suspended or displaced from a position 50 in a title for which there are no lower level occupied positions in 51 direct line of promotion, [he] they shall displace the incumbent with 52 the least retention right pursuant to subdivisions one and two of this 53 section who is serving in a position in the title in which the displac- 54 ing incumbent last served on a permanent basis prior to service in one 55 or more positions in the title from which [he is] they are suspended or 56 displaced, if: (1) the service of the displacing incumbent while in suchA. 6856 5 1 former title was satisfactory and (2) the position of the junior incum- 2 bent is in (a) the competitive, noncompetitive or labor class, (b) the 3 layoff unit from which the displacing incumbent was suspended or 4 displaced, and (c) a lower salary grade than the position from which the 5 displacing incumbent is suspended or displaced; provided, however, that 6 no incumbent shall displace any other incumbent having greater retention 7 standing in the same jurisdictional class. Refusal of appointment to a 8 position afforded by this subdivision constitutes waiver of rights under 9 this subdivision with respect to the suspension or displacement on 10 account of which the refused appointment is afforded. The municipal 11 civil service commission shall promulgate rules to implement this subdi- 12 vision including rules which may provide adjunctive opportunities for 13 displacement either to positions in direct line of promotion or to 14 formerly held positions; provided, however, that no such rule shall 15 permit an incumbent to displace any other incumbent having greater 16 retention standing in the same jurisdictional class. For the purpose of 17 acquiring preferred list rights, displacement pursuant to this subdivi- 18 sion is the equivalent of suspension or demotion pursuant to subdivision 19 one of this section. 20 7. Displacement in the state service. A permanent incumbent of a posi- 21 tion in the state service in a specific title to which there is a direct 22 line of promotion who is suspended or displaced pursuant to this 23 section, together with all other such incumbents suspended or displaced 24 at the same time, shall displace, in the inverse order of the order of 25 suspension or demotion prescribed in subdivisions one and two of this 26 section, incumbents serving in positions in the same layoff unit in the 27 next lower occupied title in direct line of promotion who shall be 28 displaced in the order of suspension or demotion prescribed in subdivi- 29 sions one and two of this section; provided, however, that no incumbent 30 shall displace any other incumbent having greater retention standing in 31 the same jurisdictional class. If a permanent incumbent of a position 32 in the state service is suspended or displaced from a position in a 33 title for which there are no lower level occupied positions in direct 34 line of promotion, [he] they shall displace the incumbent with the least 35 retention right pursuant to subdivisions one and two of this section who 36 is serving in a position in the title in which the displacing incumbent 37 last served on a permanent basis prior to service in one or more posi- 38 tions in the title from which [he is] they are suspended or displaced, 39 if: (1) the service of the displacing incumbent while in such former 40 title was satisfactory and (2) the position of the junior incumbent is 41 in (a) the competitive, noncompetitive or labor class, (b) the layoff 42 unit from which the displacing incumbent was suspended or displaced, and 43 (c) a lower salary grade than the position from which the displacing 44 incumbent is suspended or displaced; provided, however, that no incum- 45 bent shall displace any other incumbent having greater retention stand- 46 ing in the same jurisdictional class. Refusal of appointment to a posi- 47 tion afforded by this subdivision constitutes waiver of rights under 48 this subdivision with respect to the suspension or displacement on 49 account of which the refused appointment is afforded. The state civil 50 service commission shall promulgate rules to implement this subdivision 51 including rules which may provide adjunctive opportunities for displace- 52 ment either to positions in direct line of promotion or to formerly held 53 positions; provided, however, that no such rule shall permit an incum- 54 bent to displace any other incumbent having greater retention standing 55 in the same jurisdictional class. For the purpose of acquiring 56 preferred list rights, displacement pursuant to this subdivision is theA. 6856 6 1 equivalent of suspension or demotion pursuant to subdivision one of this 2 section. 3 (1) Pursuant to such method of payment, such member shall pay, as 4 additional member contributions payable besides the ordinary member 5 contributions due for [his] their current service: 6 (A) the ordinary member contributions which would have been done for 7 such period of suspension if [he or she] they had actually been in 8 service during such period; and 9 (B) (if such member has elected the twenty-year retirement program 10 provided for by section six hundred four-a of the retirement and social 11 security law), the additional member contributions which [he] they would 12 have been required to make under the provisions of that section for the 13 period from the starting date of such program to the date next preceding 14 the date on which such member became a participant in such retirement 15 program, if [he] they had become such a participant on such starting 16 date; and 17 (C) additional member contributions of two per centum of [his or her] 18 their compensation for the period beginning with the first full payroll 19 period which includes the date of enactment of this subdivision and 20 ending on the earlier of his or her date of retirement or [his or her] 21 their completion of thirty years of service. 22 9. Certain suspensions or demotions in the city of Niagara Falls. 23 Notwithstanding the provisions of subdivision one of this section, the 24 members of a paid fire department in the city of Niagara Falls shall be 25 subject to the following procedure. Where, because of economy, consol- 26 idation or abolition of functions, curtailment of activities or other- 27 wise, positions in the competitive class are, noncompetitive or labor 28 abolished or reduced in rank or salary grade, suspension or demotion, as 29 the case may be, among incumbents holding the same or similar positions 30 in the same jurisdictional class shall be made in the inverse order of 31 original appointment on a permanent basis in the grade or title in the 32 service of the governmental jurisdiction in which such abolition or 33 reduction of positions occurs, subject to the provisions of subdivision 34 seven of section eighty-five of this chapter. Notwithstanding the 35 provisions of this subdivision, however, upon the abolition or reduction 36 of positions in the competitive, noncompetitive or labor class, incum- 37 bents holding the same or similar positions in the same jurisdictional 38 class who have not completed their probationary service shall be 39 suspended or demoted, as the case may be, before any permanent incum- 40 bents, and among such probationary employees the order of suspension or 41 demotion shall be determined as if such employees were permanent incum- 42 bents. 43 § 2. Section 80-a of the civil service law is REPEALED. 44 § 3. Subdivision 1 of section 81 of the civil service law, as amended 45 by chapter 152 of the laws of 2011, is amended to read as follows: 46 1. Establishment of preferred lists; general provisions. The head of 47 any department, office or institution in which an employee is suspended 48 or demoted in accordance with the provisions of [sections] section 49 eighty [and eighty-a] of this title shall, upon such suspension or 50 demotion, furnish the state civil service department or appropriate 51 municipal commission, as the case may be, a statement showing his name, 52 title or position, date of appointment, and the date of and reason for 53 suspension or demotion. It shall be the duty of such civil service 54 department or commission, as the case may be, forthwith to place the 55 name of such employee upon a preferred list, together with others who 56 may have been suspended or demoted from the same or similar positions inA. 6856 7 1 the same jurisdictional class, and to certify such list, as hereinafter 2 provided, for filling vacancies in the same jurisdictional class; first, 3 in the same or similar position; second, in any position in a lower 4 grade in line of promotion; and third, in any comparable position. Such 5 preferred list shall be certified for filling a vacancy in any such 6 position before certification is made from any other list, including a 7 promotion eligible list, notwithstanding the fact that none of the 8 persons on such preferred list was suspended from or demoted in the 9 department or suspension and demotion unit in which such vacancy exists. 10 No other name shall be certified from any other list for any such posi- 11 tion until such preferred list is exhausted. The eligibility for rein- 12 statement of a person whose name appears on any such preferred list 13 shall not continue for a period longer than four years from the date of 14 separation or demotion. An employee whose name was placed on the 15 preferred list and at the time of such placement was on active duty with 16 the armed forces of the United States, as pursuant to title ten, four- 17 teen or thirty-two of the United States code, shall not be eligible for 18 employment reinstatement for a period longer than four years after the 19 date of termination of military duty. 20 § 4. Subdivisions 1 and 5 of section 81-a of the civil service law, 21 subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi- 22 sion 5 as added by chapter 239 of the laws of 1992, are amended to read 23 as follows: 24 1. Establishment of reemployment rosters in the state service; general 25 provisions. The head of any department, office or institution from which 26 an employee in the state service is to be suspended or demoted in 27 accordance with the provisions of section eighty [or eighty-a] of this 28 article, shall, at least twenty days prior to such suspension or 29 demotion, furnish the state civil service department with a statement 30 showing such employee's name, title or position, date of appointment, 31 and the date of and reason for suspension or demotion. Upon such employ- 32 ee's suspension or demotion, it shall be the duty of the department to 33 place the name of such employee upon a reemployment roster for filling 34 vacancies in any comparable position as determined by the department, 35 except that employees suspended or demoted from positions in the non- 36 competitive and labor classes may not be certified to fill vacancies in 37 the competitive class. Such reemployment roster shall be certified for 38 filling a vacancy in any such position before certification is made from 39 any other list, including a promotion eligible list, but not prior to a 40 preferred list. Eligibility for reinstatement of a person whose name 41 appears on any such reemployment roster shall not continue for a period 42 longer than four years from the date of suspension or demotion provided, 43 however, in no event shall eligibility for reinstatement from a reem- 44 ployment roster continue once the person is no longer eligible for rein- 45 statement from a preferred list. 46 5. Notwithstanding any other provision of this chapter, the department 47 may disqualify for reinstatement and remove from a reemployment roster 48 the name of any otherwise eligible person who, by reason of physical or 49 mental incapacity, is found to be unable to satisfactorily perform the 50 duties of the position for which such roster has been established, or 51 who has engaged in such misconduct as would warrant [his or her] their 52 dismissal from public employment, except that a person who is not 53 completely physically incapacitated and who is suspended or demoted 54 pursuant to section eighty [or eighty-a] of this article because [his or55her] their position has been abolished or reduced, but who is certified 56 for reinstatement to any position having the same physical requirementsA. 6856 8 1 as the position from which such person was suspended or demoted, shall 2 not be disqualified because of [his or her] their incapacity, unless 3 upon medical examination [his or her] their incapacity has worsened to a 4 degree that [he or she] they would not be able to satisfactorily perform 5 in such position. No person shall be disqualified pursuant to this 6 subdivision unless [he or she is] they are first given a written state- 7 ment of the reasons therefor and an opportunity to be heard at a hearing 8 at which satisfactory proof of such reasons must be established by 9 appropriate evidence, and at which such person may present independent 10 evidence and be entitled to representation by counsel. The department 11 shall designate a person to hold such hearing and report thereon. 12 § 5. Subdivision 1 of section 81-b of the civil service law, as 13 amended by chapter 140 of the laws of 1993, is amended to read as 14 follows: 15 1. Establishment of placement rosters in the state service; general 16 provisions. The head of any department, office or institution from 17 which an employee in the state service is to be suspended or demoted in 18 accordance with the provisions of section eighty [or eighty-a] of this 19 article, shall, no later than the date on which [he or she furnishes] 20 they furnish the state civil service department with the employee infor- 21 mation required pursuant to section eighty-one-a of this article for 22 purposes of establishing reemployment rosters, furnish the state civil 23 service department with a statement showing such employee's name, title 24 or position, date of appointment, and the anticipated date of and reason 25 for suspension or demotion. Upon receiving such information, it shall be 26 the duty of the department forthwith to place the name of such employee 27 upon a placement roster for filling vacancies in the same title or in 28 any comparable position as determined by the department, except that 29 employees suspended or demoted from positions in the [non-competitive] 30 noncompetitive and labor classes may not be certified to fill vacancies 31 in the competitive class. Such placement roster shall be certified for 32 filling a vacancy in any such position before certification is made from 33 any other list, including a promotion eligible list, but not prior to a 34 preferred list or a reemployment roster. Eligibility for appointment of 35 an employee whose name appears on any such placement roster shall termi- 36 nate at such time as the employee is suspended or demoted in accordance 37 with the provisions of section eighty [or eighty-a] of this article. 38 Upon such employee's suspension or demotion, the department shall place 39 the name of such employee upon a preferred list, and a reemployment 40 roster as appropriate, in accordance with the provisions of sections 41 eighty-one and eighty-one-a of this article. 42 § 6. Subdivision 7 of section 85 of the civil service law, as amended 43 by chapter 532 of the laws of 1976, is amended to read as follows: 44 7. Preference in retention upon the abolition of positions. In the 45 event of the abolition or elimination of any position in the civil 46 service [for which eligible lists are established or any position the47incumbent of which is encompassed by section eighty-a of this chapter], 48 any suspension, demotion or displacement shall be made in the inverse 49 order of the date of original appointment in the service subject to the 50 following conditions: (1) blind employees shall be granted absolute 51 preference in retention; (2) the date of such original appointment for 52 disabled veterans shall be deemed to be sixty months earlier than the 53 actual date, determined in accordance with section thirty of the general 54 construction law; (3) the date of such original appointment for non-dis- 55 abled veterans shall be deemed to be thirty months earlier than the 56 actual date, determined in accordance with section thirty of the generalA. 6856 9 1 construction law; (4) no permanent competitive class employee subject to 2 the jurisdiction of the civil service commission of the city of New York 3 who receives an injury in the line of duty, as defined in this para- 4 graph, which requires immediate hospitalization, and which is not 5 compensable through [workmen's] workers' compensation may be suspended, 6 demoted or displaced pursuant to section eighty of this chapter within 7 three months of the date of [his] their confinement, provided that 8 medical authorities approved by such commission shall certify that the 9 employee is not able to perform the duties of [his] their position; 10 provided further, that such three-month period may be extended by such 11 commission for additional periods not to exceed one year each upon the 12 certification of medical authorities selected by such commission that 13 the employee is, as a result of [his] their injury, still not able to 14 perform the duties of [his] their position. An injury in the line of 15 duty, as used herein, shall be construed to mean an injury which is 16 incurred as a direct result of the lawful performance of the duties of 17 the position. In determining whether an injury was received in the line 18 of duty, such commission shall require the head of the agency by which 19 the employee is employed to certify that the injury was received as a 20 direct result of the lawful performance of the employee's duties; and 21 (5) the spouse of a veteran with one hundred percent service connected 22 disability shall be deemed to be sixty months earlier than the actual 23 date, determined in accordance with section thirty of the general 24 construction law, provided, the spouse is domiciled with the veteran- 25 spouse and is the head of the household. This section shall not be 26 construed as conferring any additional benefit upon such employee other 27 than a preference in retention. Such employee shall be subject to trans- 28 fer upon the abolition of [his] their function within [his] their agency 29 or department. 30 § 7. Paragraph (a) of subdivision 3 of section 131 of the civil 31 service law, as amended by chapter 733 of the laws of 1979, is amended 32 to read as follows: 33 (a) If such an employee is demoted, or displaced to a position in a 34 lower grade pursuant to [sections] section eighty [or eighty-a] of this 35 chapter, or is appointed, transferred or reinstated to a position in a 36 lower grade, [he] they shall, upon such demotion, displacement, appoint- 37 ment, transfer, or reinstatement, receive the rate of compensation which 38 corresponds with the number of annual increments and the percentage 39 value of performance advances actually received in the salary grades 40 from which and to which [he is] they are demoted, displaced, appointed, 41 transferred or reinstated, as the case may be. 42 § 8. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision 43 13 of section 3556 of the public authorities law, as added by chapter 5 44 of the laws of 1997, are amended to read as follows: 45 (e) Notwithstanding any other provision of this title, the corporation 46 may disqualify for reinstatement and remove from a reemployment roster 47 the name of any otherwise eligible person who, by reason of physical or 48 mental incapacity, is found to be unable to satisfactorily perform the 49 duties of the position for which such roster has been established, or 50 who has engaged in such misconduct as would warrant [his or her] their 51 dismissal from public employment, except that a person who is not 52 completely physically incapacitated and who is suspended or demoted 53 pursuant to section eighty [or eighty-a] of the civil service law 54 because [his or her] their position has been abolished or reduced, but 55 who is certified for reinstatement to any position having the same phys- 56 ical requirements as the position from which such person was suspendedA. 6856 10 1 or demoted, shall not be disqualified because of [his or her] their 2 incapacity, unless upon medical examination [his or her] their incapaci- 3 ty has worsened to a degree that [he or she] they would not be able to 4 satisfactorily perform in such position. No person shall be disqualified 5 pursuant to this subdivision unless [he or she is] they are first given 6 a written statement of the reasons therefor and an opportunity to be 7 heard at a hearing at which satisfactory proof of such reasons must be 8 established by appropriate evidence, and at which such person may pres- 9 ent independent evidence and be entitled to representation by counsel. 10 The corporation shall designate a person to hold such hearing and report 11 thereon. 12 (f) Eligibility for appointment of an employee whose name appears on a 13 redeployment list shall terminate at such time as the employee is rede- 14 ployed pursuant to the provisions of this section to a position in the 15 same salary grade as the position from which [he or she has] they have 16 been suspended or demoted, or has exercised [his or her] their reemploy- 17 ment rights pursuant to the provisions of section eighty-one or eighty- 18 one-a of the civil service law, provided, however, that eligibility for 19 appointment shall terminate no later than six months following the 20 suspension or demotion of such employee in accordance with the 21 provisions of section eighty [or eighty-a] of the civil service law. 22 Upon such employee's suspension or demotion, the corporation shall place 23 the name of such employee upon a preferred list, and a reemployment 24 roster, as appropriate, in accordance with the provisions of subdivision 25 eight of this section. 26 § 9. Subdivision 10-b of section 243 of the military law, as added by 27 chapter 152 of the laws of 2011, is amended to read as follows: 28 10-b. If a public employer consolidates, abolishes, displaces, or 29 demotes a position, in accordance with section eighty[, eighty-a] or 30 eighty-five of the civil service law, which is occupied by a public 31 employee currently on active duty with the armed forces of the United 32 States, as pursuant to title ten, fourteen or thirty-two of the United 33 States code, such employer shall comply with subdivisions eleven and 34 twelve of this section and, upon the termination of the public employ- 35 ee's active duty, as defined in title ten, fourteen or thirty-two of the 36 United States code, such public employer shall provide full re-employ- 37 ment rights warranted to such employee under the Federal Uniformed 38 Services Employment and Reemployment Rights Act of 1994, provided, 39 however, the right of re-employment under this subdivision does not 40 entitle such employee to displacement rights over any person with great- 41 er seniority. Such public employer shall not abolish any position or 42 positions solely based upon the fact that the position or positions are 43 currently filled by an individual or individuals engaged in military 44 duty. 45 § 10. Nothing in this act shall be construed to impede, infringe, or 46 diminish any rights or benefits relating to the suspension or demotion 47 upon the abolition or reduction of positions for employees in the 48 noncompetitive class or the labor class which employees are afforded 49 through a bona fide collective bargaining agreement, or otherwise dimin- 50 ish the integrity of existing or future collective bargaining agreements 51 and other past practices. 52 § 11. This act shall take effect on the ninetieth day after it shall 53 have become a law.
