Bill Text: NY A08582 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that the governmental agency shall notify any person on a special eligible list, in writing, that their name will remain on such list for two years after the termination of military duty and shall be removed at the end of the two year period unless such person requests to remain on such list.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental employees [A08582 Detail]

Download: New_York-2021-A08582-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8582

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2021
                                       ___________

        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee on Governmental Employees

        AN  ACT  to  amend the military law, in relation to the existing special
          eligible list for public employees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  7  of  section  243  of the military law, as
     2  amended by chapter 616 of the laws  of  1999,  is  amended  to  read  as
     3  follows:
     4    7.  Status of existing lists. Any person whose name is on any eligible
     5  list shall, while in military duty, retain his or her rights and  status
     6  on  such  list.  If  the  name of any such person is reached for certif-
     7  ication during his or her military duty, it shall be placed on a special
     8  eligible list in the order of his or her original standing, provided  he
     9  or  she makes request therefor following termination of his or her mili-
    10  tary duty and during the period of his or her eligibility on such  list.
    11  Such  list  shall be certified before certification shall be made from a
    12  subsequent open competitive or promotion  eligible  list  for  the  same
    13  position  or  from  the  original eligible list for such position. [Such
    14  names shall remain on such special eligible list for  a  period  of  two
    15  years  after  the  termination of such military duty.] Upon being placed
    16  upon such special eligible list, the governmental agency or  subdivision
    17  shall notify such person, in writing, that their name will remain on the
    18  list for two years after the termination of such military duty, and that
    19  unless  such  person  makes  a request to be placed and remain upon such
    20  list during this two year period, their name will be removed.  Any  such
    21  person  thus  appointed  shall,  for  the purpose of computing seniority
    22  credit and training and experience credit  for  promotion  and  date  of
    23  membership  in  the  retirement  system  and  seniority  in the event of
    24  suspension or demotion, be deemed to have been appointed on the earliest
    25  date upon which any eligible, who was the lower on such original  eligi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10774-01-1
        A. 8582                             2

     1  ble  list, was appointed, provided, however that service credit shall be
     2  computed from the actual date  of  appointment.  The  retirement  system
     3  contributions  of  any  such  person  who  made  any contribution to the
     4  retirement system pursuant to article fourteen or fifteen of the retire-
     5  ment  and  social  security  law, and who was appointed on or after July
     6  twenty-seventh, nineteen hundred seventy-six shall not be refunded.
     7    § 2. This act shall take effect immediately.