S T A T E O F N E W Y O R K
________________________________________________________________________
5585
2013-2014 Regular Sessions
I N S E N A T E
May 23, 2013
___________
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 providing addi-
tional credits to children and siblings of deceased firefighters,
police officers, emergency medical technicians and paramedics killed
in the line of duty or in the performance of duty as the natural and
proximate result of the World Trade Center attack, or as a result of
participation in the rescue effort
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 85-a of the civil service law, as added by chapter
495 of the laws of 2002, paragraph (a) of subdivision 1 as amended by
chapter 75 of the laws of 2008, is amended to read as follows:
S 85-a. Additional credits allowed children AND SIBLINGS of firefight-
ers [and], police officers, EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS
killed in the line of duty. 1. Additional credit authorized. Additional
credits shall be allowed children AND SIBLINGS of firefighters [and],
police officers, EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS killed in
the line of duty, as "child" AND "SIBLING" in this section in compet-
itive examinations for original appointment. (a) On all eligible lists
resulting from competitive examinations, the names of eligible persons
shall be entered in the order of their respective final earned ratings
on examinations, with the name of the eligible person with the highest
final earned ratings at the head of such list, provided, however, that
for the purpose of determining final earned ratings, children AND
SIBLINGS of firefighters [and], police officers, EMERGENCY MEDICAL TECH-
NICIANS AND PARAMEDICS killed in the line of duty shall be entitled to
receive an additional ten points in a competitive examination for
original appointment in the same municipality in which his or her parent
OR SIBLING has served. For the purposes of this paragraph, a police
officer or firefighter shall be deemed to have "served" in a munici-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11203-01-3
S. 5585 2
pality if he or she was employed by, or worked primarily in, that muni-
cipality.
(b) Such additional credit shall be added to the final earned rating
of such child OR SIBLING, as the case may be, after he or she has quali-
fied in the competitive examination and shall be granted only at the
time of establishment of the resulting eligible list.
2. Application for additional credit; proof of eligibility; establish-
ment of eligible list. Any candidate, believing himself or herself enti-
tled to additional credit in a competitive examination as provided in
this section, 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 candi-
dates 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 his or her eligibility to
receive additional credit under this section. At any time after two
months have elapsed since the final date for filing applications for a
competitive examination for original appointment, the eligible list
resulting from such examination may be established, notwithstanding the
fact that a child OR SIBLING who has applied for additional credit has
failed to establish his or her eligibility to receive such additional
credit. A candidate who fails to establish, by appropriate documentary
proof, his or her eligibility to receive additional credit by the time
an eligible list is established shall not thereafter be granted addi-
tional credit on such eligible list.
3. Use of additional credit. (a) Except as otherwise provided in this
subdivision, no person who has received a permanent original appointment
in the civil service of the state or of any city or civil division ther-
eof from an eligible list on which he or she was allowed the additional
credit granted by this section as a child OR SIBLING, shall thereafter
be entitled to any additional credit under this section as a child OR
SIBLING.
(b) Where, at the time of establishment of an eligible list, the posi-
tion of a child OR SIBLING on such list has not been affected by the
addition of credits granted under this section, the appointment of such
child OR SIBLING from such eligible list shall not be deemed to have
been made from an eligible list on which he or she was allowed the addi-
tional credit granted by this section.
(c) If, at the time of appointment from an eligible list, a child OR
SIBLING is in the same relative standing among the eligible persons who
are willing to accept appointment as if he or she had not been granted
the additional credits as provided by this section, his or her appoint-
ment from such eligible persons shall not be deemed to have been made
from an eligible list on which he or she was allowed such additional
credits.
(d) Where a child OR SIBLING has been originally appointed from an
eligible list on which he or she was allowed such additional credit, but
such appointment is thereafter terminated either at the end of the
probationary term or by resignation at or before the end of the proba-
tionary term, he or she shall not be deemed to have been appointed, as
the case may be, from an eligible list on which he or she is allowed
additional credit, and such appointment shall not affect his or her
eligibility for additional credit in other examinations.
4. Withdrawal of application; election to relinquish additional cred-
it. An application for additional credit in a competitive examination
under this section may be withdrawn by the applicant at any time prior
S. 5585 3
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 child OR SIBLING has received the additional
credit granted by this section, such child OR SIBLING may elect, prior
to permanent original appointment, to relinquish the additional credit
theretofore granted to him or her and [except] ACCEPT the lower position
on such eligible list to which he or she would otherwise have been enti-
tled; provided, however, that such election shall thereafter be irrev-
ocable. Such election shall be in writing and signed by the child OR
SIBLING, and transmitted to the department or the appropriate municipal
civil service commission.
5. Roster. The department and each municipal commission shall estab-
lish and maintain in its office a roster of all such children OR
SIBLINGS appointed as a result of additional credits granted by this
section to positions under its jurisdiction. The appointment of a child
OR SIBLING as a result of additional credits shall be void if such child
OR SIBLING, prior to such appointment, had been appointed as a result of
additional credits granted by this section.
S 2. Section 85-b of the civil service law, as added by chapter 500 of
the laws of 2003, is amended to read as follows:
S 85-b. Additional credits allowed CHILDREN AND siblings of firefight-
ers and police officers killed in the line of duty. 1. Definition. As
used in this section, "killed in the line of duty" shall mean having
died in the performance of duty as the natural and proximate result of
the World Trade Center attack on September eleventh, two thousand one or
as the natural and proximate result of participation in the rescue
effort that was conducted in response to such attack.
2. Additional credit authorized. Additional credits shall be allowed
CHILDREN AND siblings of firefighters and police officers killed in the
line of duty in competitive examinations for original appointment. (a)
On all eligible lists resulting from competitive examinations, the names
of eligible persons shall be entered in the order of their respective
final earned ratings on examinations, with the name of the eligible
person with the highest final earned ratings at the head of such list,
provided, however, that for the purpose of determining final earned
ratings, CHILDREN AND siblings of firefighters and police officers
killed in the line of duty shall be entitled to receive an additional
ten points in a competitive examination for original appointment in the
same municipality in which his or her PARENT OR sibling has served.
(b) Such additional credit shall be added to the final earned rating
of such CHILD OR sibling, as the case may be, after he or she has quali-
fied in the competitive examination and shall be granted only at the
time of establishment of the resulting eligible list.
3. Application for additional credit; proof of eligibility; establish-
ment of eligible list. Any candidate, believing himself or herself enti-
tled to additional credit in a competitive examination as provided in
this section, 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 candi-
dates 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 his or her eligibility to
receive additional credit under this section. At any time after two
months have elapsed since the final date for filing applications for a
competitive examination for original appointment, the eligible list
resulting from such examination may be established, notwithstanding the
S. 5585 4
fact that a CHILD OR sibling who has applied for additional credit has
failed to establish his or her eligibility to receive such additional
credit. A candidate who fails to establish, by appropriate documentary
proof, his or her eligibility to receive additional credit by the time
an eligible list is established shall not thereafter be granted addi-
tional credit on such eligible list.
4. Use of additional credit. (a) Except as otherwise provided in this
subdivision, no person who has received a permanent original appointment
in the civil service of the state or of any city or civil division ther-
eof from an eligible list on which he or she was allowed the additional
credit granted by this section as a CHILD OR sibling, shall thereafter
be entitled to any additional credit under this section as a CHILD OR
sibling.
(b) Where, at the time of establishment of an eligible list, the posi-
tion of a CHILD OR sibling on such list has not been affected by the
addition of credits granted under this section, the appointment of such
CHILD OR sibling from such eligible list shall not be deemed to have
been made from an eligible list on which he or she was allowed the addi-
tional credit granted by this section.
(c) If, at the time of appointment from an eligible list, a CHILD OR
sibling is in the same relative standing among the eligible persons who
are willing to accept appointment as if he or she had not been granted
the additional credits as provided by this section, his or her appoint-
ment from such eligible persons shall not be deemed to have been made
from an eligible list on which he or she was allowed such additional
credits.
(d) Where a CHILD OR sibling has been originally appointed from an
eligible list on which he or she was allowed such additional credit, but
such appointment is thereafter terminated either at the end of the
probationary term or by resignation at or before the end of the proba-
tionary term, he or she shall not be deemed to have been appointed, as
the case may be, from an eligible list on which he or she is allowed
additional credit, and such appointment shall not affect his or her
eligibility for additional credit in other examinations.
5. Withdrawal of application; election to relinquish additional cred-
it. 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 CHILD OR sibling has received the additional
credit granted by this section, such CHILD OR sibling may elect, prior
to permanent original appointment, to relinquish the additional credit
theretofore granted to him or her and [except] ACCEPT the lower position
on such eligible list to which he or she would otherwise have been enti-
tled; provided, however, that such election shall thereafter be irrev-
ocable. Such election shall be in writing and signed by the CHILD OR
sibling, and transmitted to the department or the appropriate municipal
civil service commission.
6. Roster. The department and each municipal commission shall estab-
lish and maintain in its office a roster of all such CHILDREN AND
siblings appointed as a result of additional credits granted by this
section to positions under its jurisdiction. The appointment of a CHILD
OR sibling as a result of additional credits shall be void if such CHILD
OR sibling, prior to such appointment, had been appointed as a result of
additional credits granted by this section.
S. 5585 5
S 3. Section 85-c of the civil service law, as added by chapter 555 of
the laws of 2010, is amended to read as follows:
S 85-c. Additional credits allowed the children AND SIBLINGS of emer-
gency medical technicians and paramedics killed in the line of duty. 1.
Definitions. (a) As used in this section, "killed in the line of duty"
shall mean having died in the performance of duty as the natural and
proximate result of the World Trade Center attack on September eleventh,
two thousand one or as the natural and proximate result of participation
in the rescue effort that was conducted in response to such attack.
(b) As used in this section "emergency medical technician" shall mean
a person who was employed by the city of New York or by the New York
city health and hospitals corporation in a title whose duties are those
of an emergency medical technician or advanced emergency medical techni-
cian (as those terms are defined in section three thousand one of the
public health law), or in a title whose duties require the supervision
of employees whose duties are those of an emergency medical technician
or advanced emergency medical technician (as those terms are defined in
section three thousand one of the public health law).
2. Additional credit authorized. Additional credits shall be allowed
children AND SIBLINGS of emergency medical technicians killed in the
line of duty in competitive examinations for original appointment.
(a) On all eligible lists resulting from competitive examinations, the
names of eligible persons shall be entered in the order of their respec-
tive final earned ratings on examinations, with the name of the eligible
person with the highest final earned ratings at the head of such list;
provided, however, that for the purpose of determining final earned
ratings, children AND SIBLINGS of emergency medical technicians killed
in the line of duty shall be entitled to receive an additional ten
points in a competitive examination for original appointment in the same
municipality in which his or her parent OR SIBLING has served.
(b) Such additional credit shall be added to the final earned rating
of such child OR SIBLING, as the case may be, after he or she has quali-
fied in the competitive examination and shall be granted only at the
time of establishment of the resulting eligible list.
3. Application for additional credit; proof of eligibility; establish-
ment of eligible list. Any candidate, believing himself or herself enti-
tled to additional credit in a competitive examination as provided in
this section, 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 candi-
dates 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 his or her eligibility to
receive additional credit under this section. At any time after two
months have elapsed since the final date for filing applications for a
competitive examination for original appointment, the eligible list
resulting from such examination may be established, notwithstanding the
fact that a child OR SIBLING who has applied for additional credit has
failed to establish his or her eligibility to receive such additional
credit. A candidate who fails to establish, by appropriate documentary
proof, his or her eligibility to receive additional credit by the time
an eligible list is established shall not thereafter be granted addi-
tional credit on such eligible list.
4. Use of additional credit. (a) Except as otherwise provided in this
subdivision, no person who has received a permanent original appointment
in the civil service of the state or of any city or civil division ther-
S. 5585 6
eof from an eligible list on which he or she was allowed the additional
credit granted by this section as a child OR SIBLING, shall thereafter
be entitled to any additional credit under this section as a child OR
SIBLING.
(b) Where, at the time of establishment of an eligible list, the posi-
tion of a child OR SIBLING on such list has not been affected by the
addition of credits granted under this section, the appointment of such
child OR SIBLING from such eligible list shall not be deemed to have
been made from an eligible list on which he or she was allowed the addi-
tional credit granted by this section.
(c) If, at the time of appointment from an eligible list, a child OR
SIBLING is in the same relative standing among the eligible persons who
are willing to accept appointment as if he or she had not been granted
the additional credits as provided by this section, his or her appoint-
ment from such eligible persons shall not be deemed to have been made
from an eligible list on which he or she was allowed such additional
credits.
(d) Where a child OR SIBLING has been originally appointed from an
eligible list on which he or she was allowed such additional credit, but
such appointment is thereafter terminated either at the end of the
probationary term or by resignation at or before the end of the proba-
tionary term, he or she shall not be deemed to have been appointed, as
the case may be, from an eligible list on which he or she is allowed
additional credit, and such appointment shall not affect his or her
eligibility for additional credit in other examinations.
5. Withdrawal of application; election to relinquish additional cred-
it. 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 child OR SIBLING has received the additional
credit granted by this section, such child OR SIBLING may elect, prior
to permanent original appointment, to relinquish the additional credit
theretofore granted to him or her and [except] ACCEPT the lower position
on such eligible list to which he or she would otherwise have been enti-
tled; provided, however, that such election shall thereafter be irrev-
ocable. Such election shall be in writing and signed by the child OR
SIBLING, and transmitted to the department or the appropriate municipal
civil service commission.
6. Roster. The department and each municipal commission shall estab-
lish and maintain in its office a roster of all such children AND
SIBLINGS appointed as a result of additional credits granted by this
section to positions under its jurisdiction. The appointment of a child
OR SIBLING as a result of additional credits shall be void if such child
OR SIBLING, prior to such appointment, had been appointed as a result of
additional credits granted by this section.
S 4. This act shall take effect immediately.