Bill Text: NY S00763 | 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: Bipartisan Bill
Status: (Passed) 2021-11-11 - SIGNED CHAP.608 [S00763 Detail]
Download: New_York-2021-S00763-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 763 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs 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-10ein 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03096-01-1S. 763 2 1 veterans' administration or a military department for a disability 2 incurred by him or her in [time of war] the course of his or her service 3 and in existence at the time of application for appointment or promotion 4 or at the time of retention, as the case may be. Such disability shall 5 be deemed to be in existence at the time of application for appointment 6 or promotion or at the time of retention, as the case may be, if the 7 certificate of such veterans' administration shall state affirmatively 8 that such veteran has been examined by a medical officer of such veter- 9 ans' administration on a date within one year of either the date of 10 filing application for competitive examination for original appointment 11 or promotion or the date of the establishment of the resulting eligible 12 list or within one year of the time of retention, as the case may be; 13 that at the time of such examination the [war-incurred] disability 14 described in such certificate was found to exist; and that such disabil- 15 ity is rated at ten per centum or more. Such disability shall also be 16 deemed to be in existence at such time if the certificate of such veter- 17 ans' administration shall state affirmatively that a permanent stabi- 18 lized condition of disability exists to an extent of ten per centum or 19 more, notwithstanding the fact that such veteran has not been examined 20 by a medical officer of such veterans' administration within one year of 21 either the time of application for appointment or promotion or the date 22 of filing application for competitive examination for original appoint- 23 ment or promotion, or within one year of the time of retention, as the 24 case may be. [The term "disabled veteran" shall also mean:25(1) A veteran who served in world war I, who continued to serve in the26armed forces of the United States after the eleventh day of November,27nineteen hundred eighteen, and who is certified, as hereinbefore28provided, by the United States veterans' administration as receiving29disability payments upon the certification of such veterans' adminis-30tration for a disability incurred by him in such service on or before31the second day of July, nineteen hundred twenty-one.32(2) A veteran who served in world war II, who continued to serve in33the armed forces of the United States after the second day of September,34nineteen hundred forty-five, or who was employed by the War Shipping35Administration or Office of Defense Transportation or their agents as a36merchant seaman documented by the United States Coast Guard or Depart-37ment of Commerce, or as a civil servant employed by the United States38Army Transport Service (later redesignated as the United States Army39Transportation Corps, Water Division) or the Naval Transportation40Service; and who served satisfactorily as a crew member during the peri-41od of armed conflict, December seventh, nineteen hundred forty-one, to42August fifteenth, nineteen hundred forty-five, aboard merchant vessels43in oceangoing, i.e., foreign, intercoastal, or coastwise service as such44terms are defined under federal law (46 USCA 10301 & 10501) and further45to include "near foreign" voyages between the United States and Canada,46Mexico, or the West Indies via ocean routes, or public vessels in ocean-47going service or foreign waters and who has received a Certificate of48Release or Discharge from Active Duty and a discharge certificate, or an49Honorable Service Certificate/Report of Casualty, from the Department of50Defense, or who served as a United States civilian employed by the Amer-51ican Field Service and served overseas under United States Armies and52United States Army Groups in world war II during the period of armed53conflict, December seventh, nineteen hundred forty-one through May54eighth, nineteen hundred forty-five, and who (i) was discharged or55released therefrom under honorable circumstances or (ii) has a qualify-56ing condition, as defined in section three hundred fifty of the execu-S. 763 3 1tive law, and has received a discharge other than bad conduct or2dishonorable from such service, or (iii) is a discharged LGBT veteran,3as defined in section three hundred fifty of the executive law, and has4received a discharge other than bad conduct or dishonorable from such5service, or who served as a United States civilian Flight Crew and6Aviation Ground Support Employee of Pan American World Airways or one of7its subsidiaries or its affiliates and served overseas as a result of8Pan American's contract with Air Transport Command or Naval Air Trans-9port Service during the period of armed conflict, December fourteenth,10nineteen hundred forty-one through August fourteenth, nineteen hundred11forty-five, and who (iv) was discharged or released therefrom under12honorable circumstances or (v) has a qualifying condition, as defined in13section three hundred fifty of the executive law, and has received a14discharge other than bad conduct or dishonorable from such service, or15(vi) is a discharged LGBT veteran, as defined in section three hundred16fifty of the executive law, and has received a discharge other than bad17conduct or dishonorable from such service, and who is certified, as18hereinbefore provided, by the United States veterans' administration as19receiving disability payments upon the certification of such veterans'20administration for a disability incurred by him in such service on or21before the date that world war II is declared terminated.22(3) A veteran who served during hostilities participated in by the23military forces of the United States subsequent to June twenty-seventh,24nineteen hundred fifty, and who continued to serve in the armed forces25of the United States after the thirty-first day of January, nineteen26hundred fifty-five, and who is certified, as hereinbefore provided, by27the United States veterans' administration as receiving disability28payments upon the certification of such veterans' administration for a29disability incurred by him in such service.30(c) The term "time of war" shall include the following wars and31hostilities for the periods and based upon the evidence herein set32forth:33(1) World war I, from the sixth day of April, nineteen hundred seven-34teen, to and including the eleventh day of November, nineteen hundred35eighteen.36(2) World war II, from the seventh day of December, nineteen hundred37forty-one, to and including the thirty-first day of December, nineteen38hundred forty-six.39(3) Hostilities participated in by the military forces of the United40States, from the twenty-seventh day of June, nineteen hundred fifty, to41and including the thirty-first day of January, nineteen hundred fifty-42five.43(4) Hostilities participated in by the military forces of the United44States, from the twenty-eighth day of February, nineteen hundred sixty-45one to the seventh day of May, nineteen hundred seventy-five.46(5) Hostilities participated in by the military forces of the United47States in Lebanon, from the first day of June, nineteen hundred eighty-48three to the first day of December, nineteen hundred eighty-seven, as49established by receipt of the armed forces expeditionary medal, the navy50expeditionary medal, or the marine corps expeditionary medal.51(6) Hostilities participated in by the military forces of the United52States in Grenada, from the twenty-third day of October, nineteen53hundred eighty-three to the twenty-first day of November, nineteen54hundred eighty-three, as established by receipt of the armed forces55expeditionary medal, the navy expeditionary medal, or the marine corps56expeditionary medal.S. 763 4 1(7) Hostilities participated in by the military forces of the United2States in Panama, from the twentieth day of December, nineteen hundred3eighty-nine to the thirty-first day of January, nineteen hundred ninety,4as established by receipt of the armed forces expeditionary medal, the5navy expeditionary medal, or the marine corps expeditionary medal.6(8) Hostilities participated in by the military forces of the United7States in the Persian Gulf, from the second day of August, nineteen8hundred ninety to the end of such hostilities.9(d)] (c) The term "time of application for original appointment or 10 promotion" shall mean the date of the establishment of an eligible list 11 resulting from a competitive examination for original appointment or 12 promotion, as the case may be, which date shall be the date on which the 13 term of such eligible list commences. 14 [(e)] (d) The term "time of retention" shall mean the time of aboli- 15 tion or elimination of positions. 16 § 2. This act shall take effect immediately, provided however, such 17 additional point shall only apply to competitive examinations for 18 original appointment and for promotion created after the effective date 19 of this act.