Bill Text: NY S05877 | 2017-2018 | General Assembly | Amended

---

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: (Introduced - Dead) 2018-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S05877 Detail]

Download: New_York-2017-S05877-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         5877--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 4, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        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) as amended by
     3  chapter 333 of the laws of 1993, paragraph (b) as amended by chapter 661
     4  of the laws of 1983, subparagraph 2 of paragraph (b) as amended by chap-
     5  ter 616 of the laws of 1995, subparagraph 3 of paragraph (b)  and  para-
     6  graph (c) as amended by chapter 467 of the laws of 1991 and subparagraph
     7  4  of  paragraph  (c)  as amended by chapter 179 of the laws of 2006, is
     8  amended to read as follows:
     9    1. Definitions. (a) The terms  "veteran"  and  "non-disabled  veteran"
    10  mean a member of the armed forces of the United States [who served ther-
    11  ein  in  time  of  war,]  who was honorably discharged or released under
    12  honorable circumstances from such service,  who  is  a  citizen  of  the
    13  United  States  or an alien lawfully admitted for permanent residence in
    14  the United States and who is a resident of the state of New York at  the
    15  time  of  application  for  appointment  or  promotion or at the time of
    16  retention, as the case may be.
    17    (b) The term "disabled veteran" means a veteran who  is  certified  by
    18  the  United  States veterans' administration or a military department as
    19  entitled to receive disability payments upon the certification  of  such
    20  veterans'  administration  or  a  military  department  for a disability
    21  incurred by him or her in [time of war] the course of his or her service
    22  and in existence at the time of application for appointment or promotion
    23  or at the time of retention, as the case may be. Such  disability  shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09469-04-7
        S. 5877--A                          2
     1  be  deemed to be in existence at the time of application for appointment
     2  or promotion or at the time of retention, as the case  may  be,  if  the
     3  certificate  of  such veterans' administration shall state affirmatively
     4  that  such veteran has been examined by a medical officer of such veter-
     5  ans' administration on a date within one year  of  either  the  date  of
     6  filing  application for competitive examination for original appointment
     7  or promotion or the date of the establishment of the resulting  eligible
     8  list  or  within  one year of the time of retention, as the case may be;
     9  that at the time  of  such  examination  the  [war-incurred]  disability
    10  described in such certificate was found to exist; and that such disabil-
    11  ity  is  rated  at ten per centum or more. Such disability shall also be
    12  deemed to be in existence at such time if the certificate of such veter-
    13  ans' administration shall state affirmatively that  a  permanent  stabi-
    14  lized  condition  of disability exists to an extent of ten per centum or
    15  more, notwithstanding the fact that such veteran has not  been  examined
    16  by a medical officer of such veterans' administration within one year of
    17  either  the time of application for appointment or promotion or the date
    18  of filing application for competitive examination for original  appoint-
    19  ment  or  promotion, or within one year of the time of retention, as the
    20  case may be. [The term "disabled veteran" shall also mean:
    21    (1) A veteran who served in world war I, who continued to serve in the
    22  armed forces of the United States after the eleventh  day  of  November,
    23  nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
    24  provided, by the United States  veterans'  administration  as  receiving
    25  disability  payments  upon  the certification of such veterans' adminis-
    26  tration for a disability incurred by him in such service  on  or  before
    27  the second day of July, nineteen hundred twenty-one.
    28    (2)  A  veteran  who served in world war II, who continued to serve in
    29  the armed forces of the United States after the second day of September,
    30  nineteen hundred forty-five, or who was employed  by  the  War  Shipping
    31  Administration  or Office of Defense Transportation or their agents as a
    32  merchant seaman documented by the United States Coast Guard  or  Depart-
    33  ment  of  Commerce,  or as a civil servant employed by the United States
    34  Army Transport Service (later redesignated as  the  United  States  Army
    35  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
    36  Service; and who served satisfactorily as a crew member during the peri-
    37  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    38  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    39  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    40  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    41  to  include "near foreign" voyages between the United States and Canada,
    42  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    43  going service or foreign waters and who has received  a  Certificate  of
    44  Release or Discharge from Active Duty and a discharge certificate, or an
    45  Honorable Service Certificate/Report of Casualty, from the Department of
    46  Defense, or who served as a United States civilian employed by the Amer-
    47  ican  Field  Service  and served overseas under United States Armies and
    48  United States Army Groups in world war II during  the  period  of  armed
    49  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
    50  eighth, nineteen hundred forty-five, and who was discharged or  released
    51  therefrom  under  honorable conditions, or who served as a United States
    52  civilian Flight Crew and Aviation Ground Support Employee of Pan  Ameri-
    53  can  World  Airways  or  one  of  its subsidiaries or its affiliates and
    54  served overseas as a result of Pan American's contract with  Air  Trans-
    55  port  Command  or Naval Air Transport Service during the period of armed
    56  conflict, December fourteenth, nineteen hundred forty-one through August
        S. 5877--A                          3

     1  fourteenth, nineteen hundred  forty-five,  and  who  was  discharged  or
     2  released  therefrom under honorable conditions, and who is certified, as
     3  hereinbefore provided, by the United States veterans' administration  as
     4  receiving  disability  payments upon the certification of such veterans'
     5  administration for a disability incurred by him in such  service  on  or
     6  before the date that world war II is declared terminated.
     7    (3)  A  veteran  who  served during hostilities participated in by the
     8  military forces of the United States subsequent to June  twenty-seventh,
     9  nineteen  hundred  fifty, and who continued to serve in the armed forces
    10  of the United States after the thirty-first  day  of  January,  nineteen
    11  hundred  fifty-five,  and who is certified, as hereinbefore provided, by
    12  the United  States  veterans'  administration  as  receiving  disability
    13  payments  upon  the certification of such veterans' administration for a
    14  disability incurred by him in such service.
    15    (c) The term "time of  war"  shall  include  the  following  wars  and
    16  hostilities  for  the  periods  and  based  upon the evidence herein set
    17  forth:
    18    (1) World war I, from the sixth day of April, nineteen hundred  seven-
    19  teen,  to  and  including the eleventh day of November, nineteen hundred
    20  eighteen.
    21    (2) World war II, from the seventh day of December,  nineteen  hundred
    22  forty-one,  to  and including the thirty-first day of December, nineteen
    23  hundred forty-six.
    24    (3) Hostilities participated in by the military forces of  the  United
    25  States,  from the twenty-seventh day of June, nineteen hundred fifty, to
    26  and including the thirty-first day of January, nineteen  hundred  fifty-
    27  five.
    28    (4)  Hostilities  participated in by the military forces of the United
    29  States, from the twenty-eighth day of February, nineteen hundred  sixty-
    30  one to the seventh day of May, nineteen hundred seventy-five.
    31    (5)  Hostilities  participated in by the military forces of the United
    32  States in Lebanon, from the first day of June, nineteen hundred  eighty-
    33  three  to  the  first day of December, nineteen hundred eighty-seven, as
    34  established by receipt of the armed forces expeditionary medal, the navy
    35  expeditionary medal, or the marine corps expeditionary medal.
    36    (6) Hostilities participated in by the military forces of  the  United
    37  States  in  Grenada,  from  the  twenty-third  day  of October, nineteen
    38  hundred eighty-three to  the  twenty-first  day  of  November,  nineteen
    39  hundred  eighty-three,  as  established  by  receipt of the armed forces
    40  expeditionary medal, the navy expeditionary medal, or the  marine  corps
    41  expeditionary medal.
    42    (7)  Hostilities  participated in by the military forces of the United
    43  States in Panama, from the twentieth day of December,  nineteen  hundred
    44  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
    45  as  established  by receipt of the armed forces expeditionary medal, the
    46  navy expeditionary medal, or the marine corps expeditionary medal.
    47    (8) Hostilities participated in by the military forces of  the  United
    48  States  in  the  Persian  Gulf,  from the second day of August, nineteen
    49  hundred ninety to the end of such hostilities.
    50    (d)] (c) The term "time of application  for  original  appointment  or
    51  promotion"  shall mean the date of the establishment of an eligible list
    52  resulting from a competitive examination  for  original  appointment  or
    53  promotion, as the case may be, which date shall be the date on which the
    54  term of such eligible list commences.
    55    [(e)]  (d)  The term "time of retention" shall mean the time of aboli-
    56  tion or elimination of positions.
        S. 5877--A                          4
     1    § 2. This act shall take effect immediately,  provided  however,  such
     2  additional  point  shall  only  apply  to  competitive  examinations for
     3  original appointment and for promotion created after the effective  date
     4  of this act.