Bill Text: NY A00205 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the civil service law, in relation to the compensation of officers and employees reinstated by court order

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2010-05-18 - reported referred to codes [A00205 Detail]

Download: New_York-2009-A00205-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          205
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. PHEFFER, GIANARIS, DINOWITZ -- Multi-Sponsored by
         --  M.  of  A.  ABBATE,  BOYLAND,  DIAZ, HIKIND, JOHN -- read once and
         referred to the Committee on Governmental Employees
       AN ACT to amend the civil service law, in relation to  the  compensation
         of officers and employees reinstated by court order
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 77 of the civil service law, as amended by  chapter
    2  851 of the laws of 1985, is amended to read as follows:
    3    S  77.  Compensation  of  officers  and  employees reinstated by court
    4  order.  Any officer or employee who is removed from a  position  in  the
    5  service  of  the  state or of any civil division thereof in violation of
    6  the provisions of this chapter, and who thereafter is restored  to  such
    7  position by order of the supreme court, shall be entitled to receive and
    8  shall receive from the state or such civil division, as the case may be,
    9  the  salary  or compensation which he OR SHE would have been entitled by
   10  law to have received in such position but  for  such  unlawful  removal,
   11  from  the date of such unlawful removal to the date of such restoration,
   12  PLUS COURT COSTS AND REASONABLE ATTORNEYS' FEES, less the amount of  any
   13  unemployment insurance benefits WHICH he OR SHE may have received during
   14  such period. Such officer or employee shall be entitled to a court order
   15  to  enforce  the payment of such salary [or], compensation, COURT COSTS,
   16  OR ATTORNEYS' FEES.   Such salary [or], compensation,  COURT  COSTS,  OR
   17  ATTORNEYS'  FEES  shall  be  [subject to the provisions of sections four
   18  hundred seventy-four and four hundred seventy-five of the judiciary  law
   19  for  services  rendered, but otherwise shall be] paid [only directly] to
   20  such officer or employee or his  OR  HER  legal  representatives  WITHIN
   21  THIRTY DAYS.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01949-01-9