A8291A-2011 Actions

• Aug 17, 2012: tabled
• Aug 17, 2012: vetoed memo.145
• Aug 6, 2012: delivered to governor
• Jun 21, 2012: RETURNED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: 3RD READING CAL.1004
• Jun 21, 2012: SUBSTITUTED FOR S5771A
• Jun 20, 2012: REFERRED TO RULES
• Jun 20, 2012: delivered to senate
• Jun 20, 2012: passed assembly
• Jun 19, 2012: ordered to third reading rules cal.383
• Jun 19, 2012: rules report cal.383
• Jun 19, 2012: reported
• Jun 18, 2012: reported referred to rules
• Jun 11, 2012: print number 8291a
• Jun 11, 2012: amend and recommit to governmental employees
• Jan 18, 2012: committed to governmental employees
• Jan 4, 2012: ordered to third reading cal.288
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 21, 2011: REFERRED TO RULES
• Jun 21, 2011: delivered to senate
• Jun 21, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.503
• Jun 20, 2011: rules report cal.503
• Jun 20, 2011: reported
• Jun 15, 2011: reported referred to rules
• Jun 10, 2011: referred to governmental employees

A8291A-2011 Votes

A8291A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 8291--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 10, 2011
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
 on  Governmental  Employees -- recommitted to the Committee on Govern
 mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit
 tee discharged, bill amended, ordered reprinted as amended and  recom
 mitted to said committee
 

AN ACT to amend the civil service law and the public authorities law, in
 relation  to suspension or demotion upon the abolition or reduction of
 positions for labor class and noncompetitive  titles;  and  to  repeal
 section 80-a 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:

 

Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 2, 6, 7 and 9 of section  80
 of  the  civil  service law, subdivision 1 as amended and subdivisions 6
 and 7 as added by chapter 283 of the laws of 1972,  subdivision  1-a  as
 added  by  chapter  312 of the laws of 1976, subdivision 1-b as added by
 chapter 653 of the laws of 1978, subdivision 1-c as added by chapter 334
 of the laws of 1994, subdivision 2 as amended by chapter 376 of the laws
 of 1977, subdivisions 6 and 7 as renumbered by chapter 360 of  the  laws
 of  1985, and subdivision 9 as added by chapter 470 of the laws of 1988,
 are amended to read as follows:

 1. Suspension or demotion. Where, because of economy, consolidation or
 abolition of functions, curtailment of activities  or  otherwise,  posi
 tions  in  the competitive, NONCOMPETITIVE, OR LABOR class are abolished
 or reduced in rank or salary grade, suspension or demotion, as the  case
 may  be, among incumbents holding the same or similar positions shall be
 made in the inverse order of original appointment on a  permanent  basis
 in  the  classified service in the service of the governmental jurisdic
 tion in which such abolition or reduction of positions  occurs,  subject
 to  the  provisions  of subdivision seven of section eighty-five of this
 chapter; provided, however, that the date of original appointment of any
 such incumbent who was transferred  to  such  governmental  jurisdiction
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13023-02-2
 
       A. 8291--A                          2
 from  another  governmental  jurisdiction upon the transfer of functions
 shall be the date of original appointment on a permanent  basis  in  the
 classified  service in the service of the governmental jurisdiction from
 which  such  transfer  was  made. Notwithstanding the provisions of this
 subdivision, however, upon the abolition or reduction  of  positions  in
 the  competitive,  NONCOMPETITIVE OR LABOR class, incumbents holding the
 same or similar positions who  have  not  completed  their  probationary
 service  shall  be  suspended or demoted, as the case may be, before any
 permanent incumbents, and among such probationary employees the order of
 suspension or demotion shall be determined as  if  such  employees  were
 permanent incumbents.
 1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section, the members of a police or paid fire department in the city  of
 Buffalo  shall  be subject to the following procedure. Where, because of
 economy, consolidation or abolition of functions, curtailment of  activ
 ities  or  otherwise,  positions  in  the competitive, NONCOMPETITIVE OR
 LABOR class are abolished or reduced in rank or salary grade, suspension
 or demotion, as the case may be, among incumbents holding  the  same  or
 similar  positions  shall  be  made  in  the  inverse  order of original
 appointment on a permanent basis in the grade or title in the service of
 the governmental jurisdiction in which such abolition  or  reduction  of
 positions  occurs,  subject  to  the  provisions of subdivision seven of
 section eighty-five of this chapter.  Notwithstanding the provisions  of
 this  subdivision, however, upon the abolition or reduction of positions
 in the competitive class, incumbents holding the same or  similar  posi
 tions  who  have  not  completed  their  probationary  service  shall be
 suspended or demoted, as the case may be, before  any  permanent  incum
 bents,  and among such probationary employees the order of suspension or
 demotion shall be determined as if such employees were permanent  incum
 bents.
 1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section, employees of secure detention facilities in  the  city  of  New
 York  and  of the alternatives to secure detention facilities program in
 such city who are performing functions which were assumed by the depart
 ment of social services of the city of New York  on  the  tenth  day  of
 November,  nineteen  hundred  seventy-one  and who, upon such assumption
 were transferred to said department, shall be subject to  the  following
 procedure.  Where,  because  of  economy,  consolidation or abolition of
 function, curtailment of  activities  or  otherwise,  positions  in  the
 competitive,  NONCOMPETITIVE OR LABOR class are abolished, or reduced in
 rank or salary grade, suspension or demotion, as the case may be,  among
 incumbents  holding  the  same or similar positions shall be made in the
 inverse order of original appointment on a permanent basis in the  clas
 sified  service in the service of the governmental jurisdiction in which
 such  abolition  or  reduction  of  positions  occurs,  subject  to  the
 provisions  of subdivision seven of section eighty-five of this chapter;
 provided, however, that if any person so employed and so transferred was
 employed on a permanent basis in such a facility or such  program  prior
 to  the  thirtieth  day  of  December, nineteen hundred sixty-seven, for
 purposes of this subdivision regarding priority of retention and for  no
 other purpose, the date of original appointment of any such person shall
 be  deemed  to  be the date such permanent employment commenced prior to
 the said thirtieth day of December, nineteen hundred sixty-seven.
 1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this
 section, sworn employees of the Monroe county sheriff's department shall
 be  subject  to  the  following  procedure.  Where,  because of economy,
 
       A. 8291--A                          3
 consolidation or abolition of function,  curtailment  of  activities  or
 otherwise,  positions  in the competitive, NONCOMPETITIVE OR LABOR class
 are abolished, or  reduced  in  rank  or  salary  grade,  suspension  or
 demotion, as the case may be, among incumbents holding the same or simi
 lar positions shall be made in the inverse order of original appointment
 on a permanent basis in the grade or title in the service of the govern
 mental  jurisdiction  in  which such abolition or reduction of positions
 occurs, subject to the provisions of subdivision seven of section eight
 y-five of this  chapter;  provided,  however,  that  if  any  person  so
 employed  was employed in such person's current title prior to the first
 day of April, nineteen hundred ninety-three, for purposes of this subdi
 vision regarding priority of retention and for  no  other  purpose,  the
 date  of  original  appointment of any such person shall be deemed to be
 the date such employment commenced prior to the said first day of April,
 nineteen hundred ninety-three.
 2. Continuous service. Except as otherwise provided  herein,  for  the
 purposes  of this section the original appointment of an incumbent shall
 mean the date of his first appointment on a permanent basis in the clas
 sified service followed by continuous service in the classified  service
 on a permanent basis up to the time of the abolition or reduction of the
 competitive,  NONCOMPETITIVE  OR  LABOR class positions. An employee who
 has resigned and who has been reinstated or reappointed in  the  service
 within  one  year thereafter shall, for the purposes of this section, be
 deemed to have continuous service. An employee who has  been  terminated
 because of a disability resulting from occupational injury or disease as
 defined in the workmen's compensation law and who has been reinstated or
 reappointed in the service thereafter shall be deemed to have continuous
 service.  A period of employment on a temporary or provisional basis, or
 in the unclassified service, immediately preceded and followed by perma
 nent service in the classified service, shall not constitute  an  inter
 ruption  of  continuous  service  for  the purposes of this section; nor
 shall a period of leave of absence without pay pursuant to  law  or  the
 rules of the civil service commission having jurisdiction, or any period
 during which an employee is suspended from his position pursuant to this
 section,  constitute  an  interruption  of  continuous  service  for the
 purposes of this section.
 6. Displacement in civil divisions. A permanent incumbent of  a  posi
 tion  in a civil division in a specific title to which there is a direct
 line of promotion  who  is  suspended  or  displaced  pursuant  to  this
 section,  together with all other such incumbents suspended or displaced
 at the same time, shall displace, in the inverse order of the  order  of
 suspension  or  demotion  prescribed in subdivisions one and two of this
 section, incumbents serving in positions in the same lay-off unit in the
 next lower occupied title in direct  line  of  promotion  who  shall  be
 displaced  in the order of suspension or demotion prescribed in subdivi
 sions one and two of this section; provided, however, that no  incumbent
 shall displace any other incumbent having greater retention standing. If
 a  permanent incumbent of a position in a civil division is suspended or
 displaced from a position in a title for which there are no lower  level
 occupied  positions  in  direct line of promotion, he shall displace the
 incumbent with the least retention right pursuant  to  subdivisions  one
 and  two  of  this  section who is serving in a position in the title in
 which the displacing incumbent last served on a permanent basis prior to
 service in one or more positions in the title from which he is suspended
 or displaced, if: (1) the service of the displacing incumbent  while  in
 such  former  title  was satisfactory and (2) the position of the junior
 
       A. 8291--A                          4
 incumbent is in (a) the competitive, NONCOMPETITIVE OR LABOR class,  (b)
 the  layoff  unit  from  which the displacing incumbent was suspended or
 displaced, and (c) a lower salary grade than the position from which the
 displacing  incumbent is suspended or displaced; provided, however, that
 no incumbent shall displace any other incumbent having greater retention
 standing. Refusal of appointment to a position afforded by this subdivi
 sion constitutes waiver of rights under this subdivision with respect to
 the suspension or displacement on account of which the refused  appoint
 ment  is  afforded. The municipal civil service commission shall promul
 gate rules to implement  this  subdivision  including  rules  which  may
 provide adjunctive opportunities for displacement either to positions in
 direct line of promotion or to formerly held positions; provided, howev
 er,  that  no  such rule shall permit an incumbent to displace any other
 incumbent having greater retention standing. For the purpose of  acquir
 ing  preferred list rights, displacement pursuant to this subdivision is
 the equivalent of suspension or demotion pursuant to subdivision one  of
 this section.
 7. Displacement in the state service. A permanent incumbent of a posi
 tion in the state service in a specific title to which there is a direct
 line  of  promotion  who  is  suspended  or  displaced  pursuant to this
 section, together with all other such incumbents suspended or  displaced
 at  the  same time, shall displace, in the inverse order of the order of
 suspension or demotion prescribed in subdivisions one and  two  of  this
 section,  incumbents serving in positions in the same layoff unit in the
 next lower occupied title in direct  line  of  promotion  who  shall  be
 displaced  in the order of suspension or demotion prescribed in subdivi
 sions one and two of this section; provided, however, that no  incumbent
 shall displace any other incumbent having greater retention standing. If
 a permanent incumbent of a position in the state service is suspended or
 displaced  from a position in a title for which there are no lower level
 occupied positions in direct line of promotion, he  shall  displace  the
 incumbent  with  the  least retention right pursuant to subdivisions one
 and two of this section who is serving in a position  in  the  title  in
 which the displacing incumbent last served on a permanent basis prior to
 service in one or more positions in the title from which he is suspended
 or  displaced,  if: (1) the service of the displacing incumbent while in
 such former title was satisfactory and (2) the position  of  the  junior
 incumbent  is in (a) the competitive, NONCOMPETITIVE OR LABOR class, (b)
 the layoff unit from which the displacing  incumbent  was  suspended  or
 displaced, and (c) a lower salary grade than the position from which the
 displacing  incumbent is suspended or displaced; provided, however, that
 no incumbent shall displace any other incumbent having greater retention
 standing. Refusal of appointment to a position afforded by this subdivi
 sion constitutes waiver of rights under this subdivision with respect to
 the suspension or displacement on account of which the refused  appoint
 ment  is  afforded.  The state civil service commission shall promulgate
 rules to implement this subdivision including rules  which  may  provide
 adjunctive  opportunities for displacement either to positions in direct
 line of promotion or to formerly held positions; provided, however, that
 no such rule shall permit an incumbent to displace any  other  incumbent
 having   greater  retention  standing.  For  the  purpose  of  acquiring
 preferred list rights, displacement pursuant to this subdivision is  the
 equivalent of suspension or demotion pursuant to subdivision one of this
 section.
 9.  Certain  suspensions  or  demotions  in the city of Niagara Falls.
 Notwithstanding the provisions of subdivision one of this  section,  the
 
       A. 8291--A                          5
 members  of a paid fire department in the city of Niagara Falls shall be
 subject to the following procedure. Where, because of  economy,  consol
 idation  or  abolition of functions, curtailment of activities or other
 wise,  positions  in  the  competitive class are abolished or reduced in
 rank or salary grade, suspension or demotion, as the case may be,  among
 incumbents  holding  the  same or similar positions shall be made in the
 inverse order of original appointment on a permanent basis in the  grade
 or  title  in the service of the governmental jurisdiction in which such
 abolition or reduction of positions occurs, subject to the provisions of
 subdivision seven of section eighty-five of this chapter.  Notwithstand
 ing the provisions of this subdivision, however, upon the  abolition  or
 reduction  of  positions  in  the  competitive,  NONCOMPETITIVE OR LABOR
 class, incumbents holding the same or similar  positions  who  have  not
 completed  their  probationary service shall be suspended or demoted, as
 the case may be, before any permanent incumbents, and among such  proba
 tionary  employees  the  order of suspension or demotion shall be deter
 mined as if such employees were permanent incumbents.
 

S 2.

Section 80-a of the civil service law is REPEALED.
 

S 3. Subdivisions 2 and 4 of section 78 of the civil service  law,  as
 added by chapter 29 of the laws of 1996, are amended to read as follows:

 2. Order of certification of names from transfer list. a. The names of
 persons  on  a  transfer  list established to fill vacancies in the same
 position or a position in a lower grade in line of  promotion  shall  be
 certified  therefrom  in  the  order  of their original appointments, in
 accordance with the provisions of subdivision three of section  eighty[,
 subdivision  three of section eighty-a] and subdivision seven of section
 eighty-five of this chapter.
 b. The names of persons on a transfer list established to fill  vacan
 cies  in  a  comparable position shall be certified therefrom with equal
 ranking for appointment.
 4. Relative seniority. Where a preferred list  exists  containing  the
 names  of  persons who have been suspended or demoted from a position in
 the same title to which an appointment  is  to  be  made,  the  relative
 seniority,  determined  in accordance with the provisions of subdivision
 three of section eighty[, subdivision three  of  section  eighty-a]  and
 subdivision  seven of section eighty-five of this chapter, of the person
 certified first on such preferred list willing to accept appointment and
 the person certified first  on  the  transfer  list  willing  to  accept
 appointment  shall be compared and the person with the greater seniority
 shall be certified first.
 

S 4. Paragraphs a, b and e of subdivision 1 of section 79 of the civil
 service law, as added by chapter 315 of the laws of 1995, are amended to
 read as follows:

 a. Where, and to the extent that, an agreement between the  state  and
 an  employee  organization  entered into pursuant to article fourteen of
 this chapter so provides, upon notification to the  department  that  an
 employee  in  the state service is to be suspended or demoted in accord
 ance with the provisions of section eighty [or eighty-a] of this article
 by reason of the state's exercise of its right to contract out for goods
 and services, and  receipt  of  the  information  required  pursuant  to
 section  eighty-one-a of this article for purposes of establishing reem
 ployment rosters, at least  ninety  days  prior  to  the  suspension  or
 demotion of an affected employee, the department shall place the name of
 the  employee  upon a redeployment list. Such redeployment list shall be
 certified for filling positions in the same title or in  any  comparable
 title,  as  determined  by  the department, before certification is made
 
       A. 8291--A                          6
 from any other eligible list, placement roster, reemployment  roster  or
 preferred list.  The director of state operations is authorized to rede
 ploy such employees to positions in appointing authorities of the execu
 tive branch. The department may extend the right to be placed on a rede
 ployment  list,  in  accordance  with the provisions of this section, to
 employees not subject to the provisions of such agreement.
 b. Orders of certification of names from a  redeployment  list.    The
 names of persons on a redeployment list shall be certified therefrom for
 appointment  in  the order of their original appointments, in accordance
 with the provisions of subdivision three of section eighty [and subdivi-
 sion three of section eighty-a] of this article.
 e.  Termination  of  eligibility  for  appointment.  Eligibility   for
 appointment  of  an  employee  whose name appears on a redeployment list
 shall terminate at such time as the employee is redeployed  pursuant  to
 the provisions of this section to a position in the same salary grade as
 the  position from which he or she has been suspended or demoted, or has
 exercised his or her reemployment rights pursuant to the  provisions  of
 section  eighty-one  or eighty-one-a of this article, provided, however,
 that eligibility for appointment  shall  terminate  no  later  than  six
 months  following the suspension or demotion of such employee in accord
 ance with the provisions of section eighty [or eighty-a] of  this  arti
 cle.  Upon  such employee's suspension or demotion, the department shall
 place the name of such employee upon a preferred list, and  a  reemploy
 ment  roster,  as  appropriate,  in  accordance  with  the provisions of
 sections eighty-one and [eight-one-a] EIGHTY-ONE-A of this article.
 

S 5. Subdivision 1 of section 81 of the civil service law, as  amended
 by chapter 152 of the laws of 2011, is amended to read as follows:

 1.  Establishment  of preferred lists; general provisions. The head of
 any department, office or institution in which an employee is  suspended
 or  demoted  in  accordance  with  the  provisions of [sections] SECTION
 eighty [and eighty-a] of this  title  shall,  upon  such  suspension  or
 demotion,  furnish  the  state  civil  service department or appropriate
 municipal commission, as the case may be, a statement showing his  name,
 title  or  position, date of appointment, and the date of and reason for
 suspension or demotion. It shall be  the  duty  of  such  civil  service
 department  or  commission,  as  the case may be, forthwith to place the
 name of such employee upon a preferred list, together  with  others  who
 may have been suspended or demoted from the same or similar positions in
 the  same jurisdictional class, and to certify such list, as hereinafter
 provided, for filling vacancies in the same jurisdictional class; first,
 in the same or similar position; second, in  any  position  in  a  lower
 grade  in line of promotion; and third, in any comparable position. Such
 preferred list shall be certified for filling  a  vacancy  in  any  such
 position  before  certification is made from any other list, including a
 promotion eligible list, notwithstanding  the  fact  that  none  of  the
 persons  on  such  preferred  list  was suspended from or demoted in the
 department or suspension and demotion unit in which such vacancy exists.
 No other name shall be certified from any other list for any such  posi
 tion  until  such preferred list is exhausted. The eligibility for rein
 statement of a person whose name appears  on  any  such  preferred  list
 shall  not continue for a period longer than four years from the date of
 separation or demotion.  An  employee  whose  name  was  placed  on  the
 preferred list and at the time of such placement was on active duty with
 the  armed  forces of the United States, as pursuant to title ten, four
 teen or thirty-two of the United States code, shall not be eligible  for
 
       A. 8291--A                          7
 employment  reinstatement  for a period longer than four years after the
 date of termination of military duty.
 

S  6.  Subdivisions  1 and 5 of section 81-a of the civil service law,
 subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi
 sion 5 as added by chapter 239 of the laws of 1992, are amended to  read
 as follows:

 1. Establishment of reemployment rosters in the state service; general
 provisions. The head of any department, office or institution from which
 an  employee  in  the  state  service  is  to be suspended or demoted in
 accordance with the provisions of section eighty [or eighty-a]  of  this
 article,  shall,  at  least  twenty  days  prior  to  such suspension or
 demotion, furnish the state civil service department  with  a  statement
 showing  such  employee's  name, title or position, date of appointment,
 and the date of and reason for suspension or demotion. Upon such employ
 ee's suspension or demotion, it shall be the duty of the  department  to
 place  the  name of such employee upon a reemployment roster for filling
 vacancies in any comparable position as determined  by  the  department,
 except  that  employees  suspended or demoted from positions in the non
 competitive and labor classes may not be certified to fill vacancies  in
 the  competitive  class. Such reemployment roster shall be certified for
 filling a vacancy in any such position before certification is made from
 any other list, including a promotion eligible list, but not prior to  a
 preferred  list.  Eligibility  for  reinstatement of a person whose name
 appears on any such reemployment roster shall not continue for a  period
 longer than four years from the date of suspension or demotion provided,
 however, in no event shall eligibility for reinstatement  from  a  reem
 ployment roster continue once the person is no longer eligible for rein
 statement from a preferred list.
 5. Notwithstanding any other provision of this chapter, the department
 may  disqualify for reinstatement and remove from a  reemployment roster
 the name of any otherwise eligible person who, by reason of physical  or
 mental  incapacity,  is found to be unable to satisfactorily perform the
 duties of the position for which such roster has  been  established,  or
 who has engaged in such misconduct as would warrant his or her dismissal
 from public employment, except that a person who is not completely phys
 ically incapacitated and who is suspended or demoted pursuant to section
 eighty  [or  eighty-a]  of  this article because his or her position has
 been abolished or reduced, but who is certified for reinstatement to any
 position having the same physical  requirements  as  the  position  from
 which  such  person  was suspended or demoted, shall not be disqualified
 because of his or her incapacity, unless upon medical examination his or
 her incapacity has worsened to a degree that he or she would not be able
 to satisfactorily perform in such position. No person shall be disquali
 fied pursuant to this subdivision unless he or  she  is  first  given  a
 written statement of the reasons therefor and an opportunity to be heard
 at  a hearing at which satisfactory proof of such reasons must be estab
 lished by appropriate evidence, and at which  such  person  may  present
 independent  evidence  and be entitled to representation by counsel. The
 department shall designate a person to  hold  such  hearing  and  report
 thereon.
 

S  7.  Subdivision  1  of  section  81-b  of the civil service law, as
 amended by chapter 140 of the laws  of  1993,  is  amended  to  read  as
 follows:

 1.  Establishment  of  placement rosters in the state service; general
 provisions.   The head of any department,  office  or  institution  from
 which  an employee in the state service is to be suspended or demoted in
 
       A. 8291--A                          8
 accordance with the provisions of section eighty [or eighty-a]  of  this
 article,  shall, no later than the date on which he or she furnishes the
 state civil service department with the  employee  information  required
 pursuant  to section eighty-one-a of this article for purposes of estab
 lishing reemployment rosters, furnish the state civil service department
 with a statement showing such employee's name, title or  position,  date
 of appointment, and the anticipated date of and reason for suspension or
 demotion.  Upon  receiving such information, it shall be the duty of the
 department forthwith to place the name of such employee upon a placement
 roster for filling vacancies in the same  title  or  in  any  comparable
 position   as  determined  by  the  department,  except  that  employees
 suspended or demoted from positions in  the  non-competitive  and  labor
 classes may not be certified to fill vacancies in the competitive class.
 Such  placement  roster  shall be certified for filling a vacancy in any
 such position before certification is made from any other list,  includ
 ing  a  promotion  eligible list, but not prior to a preferred list or a
 reemployment roster. Eligibility for appointment of  an  employee  whose
 name  appears  on any such placement roster shall terminate at such time
 as  the  employee  is  suspended  or  demoted  in  accordance  with  the
 provisions  of  section eighty [or eighty-a] of this article.  Upon such
 employee's suspension or demotion, the department shall place  the  name
 of  such  employee  upon  a preferred list, and a reemployment roster as
 appropriate, in accordance with the provisions  of  sections  eighty-one
 and eighty-one-a of this article.
 

S  8. Subdivision 7 of section 85 of the civil service law, as amended
 by chapter 532 of the laws of 1976, is amended to read as follows:

 7. Preference in retention upon the abolition  of  positions.  In  the
 event  of  the  abolition  or  elimination  of any position in the civil
 service [for which eligible lists are established or  any  position  the
 incumbent  of which is encompassed by section eighty-a of this chapter],
 any suspension, demotion or displacement shall be made  in  the  inverse
 order  of the date of original appointment in the service subject to the
 following conditions: (1) blind  employees  shall  be  granted  absolute
 preference  in  retention; (2) the date of such original appointment for
 disabled veterans shall be deemed to be sixty months  earlier  than  the
 actual date, determined in accordance with section thirty of the general
 construction law; (3) the date of such original appointment for non-dis
 abled  veterans  shall  be  deemed  to be thirty months earlier than the
 actual date, determined in accordance with section thirty of the general
 construction law; (4) no permanent competitive class employee subject to
 the jurisdiction of the civil service commission of the city of New York
 who receives an injury in the line of duty, as  defined  in  this  para
 graph,  which  requires  immediate  hospitalization,  and  which  is not
 compensable through workmen's compensation may be suspended, demoted  or
 displaced pursuant to section eighty of this chapter within three months
 of  the  date  of  his  confinement,  provided  that medical authorities
 approved by such commission shall certify that the employee is not  able
 to  perform  the  duties  of  his  position; provided further, that such
 three-month period may be extended by  such  commission  for  additional
 periods  not  to  exceed one year each upon the certification of medical
 authorities selected by such commission  that  the  employee  is,  as  a
 result  of his injury, still not able to perform the duties of his posi
 tion. An injury in the line of duty, as used herein, shall be  construed
 to  mean  an  injury  which is incurred as a direct result of the lawful
 performance of the duties of the position.  In  determining  whether  an
 injury  was  received in the line of duty, such commission shall require
 
       A. 8291--A                          9
 the head of the agency by which the employee is employed to certify that
 the injury was received as a direct result of the lawful performance  of
 the  employee's duties; and (5) the spouse of a veteran with one hundred
 percent  service connected disability shall be deemed to be sixty months
 earlier than the actual date,  determined  in  accordance  with  section
 thirty  of  the  general construction law, provided, the spouse is domi
 ciled with the veteran-spouse and is the head  of  the  household.  This
 section shall not be construed as conferring any additional benefit upon
 such  employee other than a preference in retention. Such employee shall
 be subject to transfer upon the abolition of  his  function  within  his
 agency or department.
 

S 9.

Section 86 of the civil service law, as amended by chapter 283 of
 the laws of 1972, is amended to read as follows:

 

S 86. Transfer  of veterans or exempt volunteer firemen upon abolition
 of positions. If the position in the non-competitive  or  in  the  labor
 class  held  by  any honorably discharged veteran of the armed forces of
 the United States who served therein  in  time  of  war  as  defined  in
 section eighty-five of this [chapter] ARTICLE, or by an exempt volunteer
 fireman  as  defined in the general municipal law, shall become unneces
 sary or be abolished for reasons of economy or otherwise, the  honorably
 discharged  veteran  or  exempt  volunteer fireman holding such position
 shall not be discharged from the public service but shall be transferred
 to a similar position wherein a vacancy exists, and  shall  receive  the
 same  compensation  therein.   It is hereby made the duty of all persons
 clothed with the power of appointment to make such  transfer  effective.
 The  right  to  transfer herein conferred shall continue for a period of
 one year following the date of abolition of the  position,  and  may  be
 exercised  only  where  a  vacancy  exists in an appropriate position to
 which transfer may be made at the time of demand for  transfer.    Where
 the  positions of more than one such veteran or exempt volunteer fireman
 are abolished and a lesser number  of  vacancies  in  similar  positions
 exist  to  which  transfer may be made, the veterans or exempt volunteer
 firemen whose positions are abolished shall be entitled to  transfer  to
 such  vacancies  in  the  order  of  their  original  appointment in the
 service.  Nothing in this section shall be construed  to  apply  to  the
 position  of  private  secretary,  cashier  or deputy of any official or
 department.  [This section shall have no application to  persons  encom-
 passed by section eighty-a of this chapter.]
 

S  10.  Paragraph  (a)  of  subdivision  3 of section 131 of the civil
 service law, as amended by chapter 733 of the laws of 1979,  is  amended
 to read as follows:

 (a)  If  such  an employee is demoted, or displaced to a position in a
 lower grade pursuant to [sections] SECTION eighty [or eighty-a] of  this
 chapter,  or  is appointed, transferred or reinstated to a position in a
 lower grade, he shall, upon such  demotion,  displacement,  appointment,
 transfer,  or  reinstatement,  receive  the  rate  of compensation which
 corresponds with the number of  annual  increments  and  the  percentage
 value  of  performance  advances  actually received in the salary grades
 from which and to which he is demoted, displaced, appointed, transferred
 or reinstated, as the case may be.
 

S 11. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision
 13 of section 3556 of the public authorities law, as added by chapter  5
 of the laws of 1997, are amended to read as follows:

 (e) Notwithstanding any other provision of this title, the corporation
 may  disqualify for reinstatement and remove from a  reemployment roster
 the name of any otherwise eligible person who, by reason of physical  or
 
       A. 8291--A                         10
 mental  incapacity,  is found to be unable to satisfactorily perform the
 duties of the position for which such roster has  been  established,  or
 who has engaged in such misconduct as would warrant his or her dismissal
 from public employment, except that a person who is not completely phys
 ically incapacitated and who is suspended or demoted pursuant to section
 eighty  [or  eighty-a] of the civil service law because his or her posi
 tion has been abolished or reduced,  but  who  is  certified  for  rein
 statement  to  any position having the same physical requirements as the
 position from which such person was suspended or demoted, shall  not  be
 disqualified because of his or her incapacity, unless upon medical exam
 ination  his  or  her incapacity has worsened to a degree that he or she
 would not be able to satisfactorily perform in such position. No  person
 shall  be  disqualified pursuant to this subdivision unless he or she is
 first given a written statement of the reasons therefor and an  opportu
 nity  to  be  heard  at  a  hearing  at which satisfactory proof of such
 reasons must be established by appropriate evidence, and at  which  such
 person  may  present  independent  evidence and be entitled to represen
 tation by counsel. The corporation shall designate a person to hold such
 hearing and report thereon.
 (f) Eligibility for appointment of an employee whose name appears on a
 redeployment list shall terminate at such time as the employee is  rede
 ployed  pursuant  to the provisions of this section to a position in the
 same salary grade as  the  position  from  which  he  or  she  has  been
 suspended  or  demoted,  or has exercised his or her reemployment rights
 pursuant to the provisions of section eighty-one or eighty-one-a of  the
 civil  service  law, provided, however, that eligibility for appointment
 shall terminate no later than six months  following  the  suspension  or
 demotion  of  such employee in accordance with the provisions of section
 eighty [or eighty-a] of the civil service law.    Upon  such  employee's
 suspension  or  demotion,  the  corporation shall place the name of such
 employee upon a preferred list, and a reemployment roster, as  appropri
 ate,  in  accordance  with  the  provisions of subdivision eight of this
 section.
 

S 12. This act shall take effect immediately.

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