Bill S6225-2011

Relates to order of suspension or demotion upon the abolition or reduction of positions in the state workforce

Relates to order of suspension or demotion upon the abolition or reduction of positions in the state workforce; provides that the date of appointment of a retired person shall be the latest date of appointment after retirement.

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  • Jan 13, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S6225

TITLE OF BILL: An act to amend the civil service law, in relation to reductions in workforce

PURPOSE: Provides employees in labor class positions at all levels of state and local government bump and retreat rights within the workforce.

SUMMARY OF PROVISIONS: This bill amends subdivision 1 Section 80 to provide bump and retreat rights for employees in labor class positions.

JUSTIFICATION: This bill would provide labor class positions with the same levels of protections with regard to bump and retreat rights as the rest of the civil division within civil service. This bill would level the playing field amongst all divisions of civil service and provide equity and fairness amongst the civil service ranks.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6225 IN SENATE January 13, 2012 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to reductions in workforce THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 80 of the civil service law, as amended by chapter 283 of the laws of 1972, is 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 class are abolished or reduced in rank or sala- ry 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 jurisdiction in which such abolition or reduction of positions occurs, subject to the provisions of subdivi- sion 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 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. FOR THE PURPOSES OF THIS SECTION, IN THE CASE OF AN INCUMBENT IN THE COMPETITIVE CLASS OF THE STATE SERVICE WHO IS A RETIRED PERSON AS DEFINED IN SECTION TWO HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, THE DATE OF ORIGINAL APPOINTMENT SHALL BE THE DATE ON WHICH SAID INCUMBENT WAS MOST RECENTLY APPOINTED TO HIS OR HER CURRENT POSITION AFTER THE DATE OF HIS OR HER RETIREMENT. Notwithstanding the provisions of this subdivision, however, upon the abolition or reduction of posi- tions in the competitive 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 incum- bents, and among such probationary employees the order of suspension or
demotion shall be determined as if such employees were permanent incum- bents. S 2. Subdivision 1 of section 80-a of the civil service law, as added by chapter 283 of the laws of 1972, is 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 non-competitive class of the state service are abolished or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents having tenure protection pursuant to paragraph (c) of subdivision one of section seventy-five of this chapter and holding the same or similar positions shall be made in the inverse order of original appointment on a permanent basis in the classified service of the state service, 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 the state service 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. FOR THE PURPOSES OF THIS SECTION, IN THE CASE OF AN INCUMBENT IN THE NON-COMPETITIVE CLASS OF THE STATE SERVICE WHO IS A RETIRED PERSON AS DEFINED IN SECTION TWO HUNDRED TEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, THE DATE OF ORIGINAL APPOINTMENT SHALL BE THE DATE ON WHICH SAID INCUMBENT WAS MOST RECENTLY APPOINTED TO HIS OR HER CURRENT POSITION AFTER THE DATE OF HIS OR HER RETIREMENT. Notwithstanding the provisions of this subdivision, however, upon the abolition or reduction of positions in the non-compet- itive 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 or suspension or demotion shall be determined as if such employees were permanent incumbents. S 3. This act shall take effect immediately.

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