Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions.
(1) The terms veteran and
nondisabled veteran mean a member of the Armed Forces of the United States who
served therein in time of war, who was honorably discharged or released under
honorable circumstances from such service, and who is a resident of this State
at the time of application for appointment or promotion.
(2) The term disabled veteran
means a veteran who is certified by the United States Veterans Administration
or a military department as entitled to receive disability payments upon the
certification of such Veterans Administration or a military department for a
disability incurred by him or her in time of war and in existence at the time
of application for appointment or promotion or at the time of retention, as the
case may be. Such disability shall be deemed to be in existence at the time of
application for appointment or promotion or at the time of retention, as the
case may be, if the certificate of such Veterans Administration shall state
affirmatively that such veteran has been examined by a medical officer of such
Veterans Administration on a date within one year of either the date of filing
application for competitive examination for original appointment or promotion,
or the date of the establishment of the resulting eligible list, or within one
year of the time of retention, as the case may be; that at the time of such
examination the war-incurred disability described in such certificate was found
to exist; and that such disability is rated at 10 per centum or more. Such
disability shall also be deemed to be in existence at such time if the
certificate of such Veterans Administration shall state affirmatively that a
permanent stabilized condition of disability exists to an extent of 10 per
centum or more, notwithstanding the fact that such veteran has not been
examined by a medical officer of such Veterans Administration within one year
of either the time of application for appointment or promotion, or the date of
filing application for competitive examination for original appointment or
promotion, or within one year of the time of retention, as the case may be. The
term disabled veteran shall also mean:
(i) a veteran who served in World War I,
who continued to serve in the Armed Forces of the United States after November
11, 1918, and who is certified, as hereinbefore provided, by the United States
Veterans Administration as receiving disability payments upon the certification
of such Veterans Administration for a disability incurred by such veteran in
such service on or before July 2, 1921;
(ii) a veteran who served in World War
II, who continued to serve in the Armed Forces of the United States after
September 2, 1945, or who served aboard merchant vessels as set forth in
section
85
(1)(b)(2) of the Civil Service Law, and who
is certified, as hereinbefore provided, by the United States Veterans
Administration as receiving disability payments upon the certification of such
Veterans Administration for a disability incurred by such veteran in such
service on or before the date that World War II was declared
terminated;
(iii) a
veteran who served during hostilities participated in by the military forces of
the United States subsequent to June 27, 1950, and who continued to serve in
the Armed Forces of the United States after January 31, 1955, and who is
certified, as hereinbefore provided, by the United States Veterans
Administration as receiving disability payments upon the certification of such
Veterans Administration for a disability incurred by such veteran in such
service.
(3) The term time of war shall include
the following wars and hostilities for the periods and based upon the evidence
herein set forth:
(i) World War
I, from April 6, 1917 to and including November 11, 1918;
(ii) World War II, from
December 7, 1941 to and including December 31, 1946;
(iii) hostilities participated
in by the military forces of the United States from June 27, 1950 to and
including January 31, 1955;
(iv) hostilities participated in by the
military forces of the United States from December 22, 1961 to May 7,
1975;
(v) hostilities
participated in by the military forces of the United States in Lebanon from
June 1, 1983 to December 1, 1987, as established by the receipt of the armed
forces expeditionary medal, the navy expeditionary medal, or the marine corps
expeditionary medal;
(vi) hostilities participated in by the
military forces of the United States in Grenada, from October 23, 1983 to
November 21, 1983, as established by receipt of the armed forces expeditionary
medal, the navy expeditionary medal, or the marine corps expeditionary
medal;
(vii)
hostilities participated in by the military forces of the United States in
Panama, from December 20, 1989 to January 31, 1990, as established by receipt
of the armed forces expeditionary medal, the navy expeditionary medal, or the
marine corps expeditionary medal;
(viii) hostilities participated in by
the military forces of the United States in the Persian Gulf, from August 2,
1990 to the end of such hostilities.
(4) The term time of
application for original appointment or promotion shall mean the date of the
establishment of an eligible list resulting from a competitive examination for
original appointment or promotion, as the case may be, which date shall be the
date on which the term of such eligible list commences.
(5) The term time of retention
shall mean the time of abolition or elimination of positions.
(b) Additional
credits in competitive examinations for original appointment or promotion.
(1) On all eligible lists
resulting from competitive examinations, the names of eligibles shall be
entered in the order of their respective final earned ratings on examination,
with the name of the eligible with the highest final earned rating at the head
of such lists; provided, however, that for the purpose of determining final
earned ratings:
(i) disabled
veterans shall be entitled to receive 10 points additional in a competitive
examination for original appointment and five points additional credit in a
competitive examination for promotion; and
(ii) nondisabled veterans shall be
entitled to receive five points additional credit in a competitive examination
for original appointment and 21/2 points additional credit in a competitive
examination for promotion.
(2) Such additional credits shall be
added to the final earned rating of such disabled veteran or nondisabled
veteran, as the case may be, after he or she has qualified in the competitive
examination, and shall be granted only at the time of establishment of the
resulting eligible list.
(c) Application for additional credit;
proof of eligibility; establishment of eligible list. Any candidate believing
himself or herself to be entitled to additional credit in a competitive
examination, as provided herein, may make application for such additional
credit at any time between the date of his or her application for examination
and the date of the establishment of the resulting eligible list. Such
candidate shall be allowed a period of not less than two months from the date
of the filing of his or her application for examination in which to establish,
by appropriate documentary proof, eligibility to receive additional credit
under this section. At any time after two months have elapsed since the final
date for filing application for a competitive examination for original
appointment or promotion, the eligible list resulting from such examination may
be established, notwithstanding the fact that a veteran or disabled veteran who
has applied for additional credit has failed to establish eligibility to
receive such additional credit. A candidate who fails to establish, by
appropriate documentary proof, eligibility to receive additional credit by the
time an eligible list is established shall not thereafter be granted additional
credit on such eligible list.
(d) Use of additional credit.
(1) Except as herein otherwise
provided, no person who has received a permanent original appointment or a
permanent promotion in the Unified Court System or in the civil service of the
State or of any city or civil division thereof from an eligible list on which
he or she was allowed the additional credit granted by this section or by
section
85 of the
Civil Service Law, either as a veteran or disabled veteran, shall thereafter be
entitled to any additional credit under this section either as a veteran or a
disabled veteran.
(2)
Where, at the time of establishment of an eligible list, the position of a
veteran or disabled veteran on such list has not been affected by the addition
of credit granted under this section, the appointment or promotion of such
veteran or disabled veteran, as the case may be, from such eligible list shall
not be deemed to have been made from an eligible list on which he was allowed
the additional credit granted by this section.
(3) If, at the time of appointment from
an eligible list, a veteran or disabled veteran is in the same relative
standing among the eligibles who are willing to accept appointment as if he or
she had not been granted the additional credits provided by this section, his
or her appointment from among such eligibles shall not be deemed to have been
made from an eligible list on which he or she was allowed such additional
credits.
(4) Where a
veteran or disabled veteran has been originally appointed or promoted from an
eligible list on which he or she was allowed additional credit, but such
appointment or promotion is thereafter terminated either at the end of the
probationary term or by resignation at or before the end of the probationary
term, he or she shall not be deemed to have been appointed or promoted, as the
case may be, from an eligible list on which he or she was allowed additional
credit, and such appointment or promotion shall not affect eligibility for
additional credit in other examinations.
(e) Withdrawal of application;
election to relinquish additional credit. An application for additional credit
in a competitive examination under this section may be withdrawn by the
applicant at any time prior to the establishment of the resulting eligible
list. At any time during the term of existence of an eligible list resulting
from a competitive examination in which a veteran or disabled veteran has
received the additional credit granted by this section, such veteran or
disabled veteran may elect, prior to permanent original appointment or
permanent promotion, to relinquish the additional credit theretofore granted
and accept the lower position on such eligible list to which he or she would
otherwise have been entitled; provided, however, that such election shall
thereafter be irrevocable. Such election shall be in writing and signed by the
veteran or disabled veteran, and transmitted to the Chief Administrator of the
Courts.
(f) Roster.
The Chief Administrator of the Courts shall establish and maintain a roster of
all veterans and disabled veterans appointed or promoted as a result of
additional credits granted by this section. The appointment or promotion of a
veteran or disabled veteran as a result of additional credits shall be void if
such veteran or disabled veteran, prior to such appointment or promotion, had
been appointed or promoted as a result of additional credits granted by this
section or by section
85 of the
Civil Service Law.
(g) Penalty for denial of preference in
retention. A refusal to allow the preference in retention provided for in
paragraph (3) of subdivision (a) of section
25.30 of this Part to any veteran
or disabled veteran, or a reduction of compensation intended to bring about the
resignation of such veteran or disabled veteran, shall be subject to the
provisions of subdivision 8 of section
85 of the
Civil Service Law.
