Bill Text: NY S05291 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to suspension or demotion upon the abolition or reduction of positions for labor class and noncompetitive titles.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-12-13 - VETOED MEMO.222 [S05291 Detail]
Download: New_York-2019-S05291-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5291 2019-2020 Regular Sessions IN SENATE April 23, 2019 ___________ Introduced by Sen. GOUNARDES -- 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, the public authorities law and the military law, in relation to suspension or demotion upon the abol- ition 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: 1 Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 1-d, 2, 4, 5, 6, 7, subpara- 2 graph 1 of paragraph (b) of subdivision 7-a and subdivision 9 of section 3 80 of the civil service law, subdivision 1 as amended by chapter 283 of 4 the laws of 1972, subdivision 1-a as added by chapter 312 of the laws of 5 1976, subdivision 1-b as added by chapter 653 of the laws of 1978, 6 subdivision 1-c as added by chapter 334 of the laws of 1994, subdivision 7 1-d as added by chapter 731 of the laws of 2004, subdivision 2 as 8 amended by chapter 376 of the laws of 1977, subdivision 4 as added by 9 chapter 790 of the laws of 1958, subdivisions 6 and 7 as added and 10 subdivision 5 as amended by chapter 283 of the laws of 1972, subdivi- 11 sions 4, 5, 6 and 7 as renumbered by chapter 360 of the laws of 1985, 12 subparagraph 1 of paragraph (b) of subdivision 7-a as added by chapter 13 528 of the laws of 2001 and subdivision 9 as added by chapter 470 of the 14 laws of 1988, are amended to read as follows: 15 1. Suspension or demotion. Where, because of economy, consolidation or 16 abolition of functions, curtailment of activities or otherwise, posi- 17 tions in the competitive, noncompetitive or labor class are abolished or 18 reduced in rank or salary grade, suspension or demotion, as the case may 19 be, among incumbents holding the same or similar positions in the same 20 jurisdictional class shall be made in the inverse order of original 21 appointment on a permanent basis in the classified service in the 22 service of the governmental jurisdiction in which such abolition or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10954-01-9S. 5291 2 1 reduction of positions occurs, subject to the provisions of subdivision 2 seven of section eighty-five of this chapter; provided, however, that 3 the date of original appointment of any such incumbent who was trans- 4 ferred to such governmental jurisdiction from another governmental 5 jurisdiction upon the transfer of functions shall be the date of 6 original appointment on a permanent basis in the classified service in 7 the service of the governmental jurisdiction from which such transfer 8 was made. Notwithstanding the provisions of this subdivision, however, 9 upon the abolition or reduction of positions in the competitive, noncom- 10 petitive or labor class, incumbents holding the same or similar posi- 11 tions in the same jurisdictional class who have not completed their 12 probationary service shall be suspended or demoted, as the case may be, 13 before any permanent incumbents, and among such probationary employees 14 the order of suspension or demotion shall be determined as if such 15 employees were permanent incumbents. 16 1-a. Notwithstanding the provisions of subdivision one of this 17 section, the members of a police or paid fire department in the city of 18 Buffalo shall be subject to the following procedure. Where, because of 19 economy, consolidation or abolition of functions, curtailment of activ- 20 ities or otherwise, positions in the competitive, noncompetitive or 21 labor class are abolished or reduced in rank or salary grade, suspension 22 or demotion, as the case may be, among incumbents holding the same or 23 similar positions in the same jurisdictional class shall be made in the 24 inverse order of original appointment on a permanent basis in the grade 25 or title in the service of the governmental jurisdiction in which such 26 abolition or reduction of positions occurs, subject to the provisions of 27 subdivision seven of section eighty-five of this chapter. Notwithstand- 28 ing the provisions of this subdivision, however, upon the abolition or 29 reduction of positions in the competitive class, incumbents holding the 30 same or similar positions who have not completed their probationary 31 service shall be suspended or demoted, as the case may be, before any 32 permanent incumbents, and among such probationary employees the order of 33 suspension or demotion shall be determined as if such employees were 34 permanent incumbents. 35 1-b. Notwithstanding the provisions of subdivision one of this 36 section, employees of secure detention facilities in the city of New 37 York and of the alternatives to secure detention facilities program in 38 such city who are performing functions which were assumed by the depart- 39 ment of social services of the city of New York on the tenth day of 40 November, nineteen hundred seventy-one and who, upon such assumption 41 were transferred to said department, shall be subject to the following 42 procedure. Where, because of economy, consolidation or abolition of 43 function, curtailment of activities or otherwise, positions in the 44 competitive, noncompetitive or labor class are abolished, or reduced in 45 rank or salary grade, suspension or demotion, as the case may be, among 46 incumbents holding the same or similar positions in the same jurisdic- 47 tional class shall be made in the inverse order of original appointment 48 on a permanent basis in the classified service in the service of the 49 governmental jurisdiction in which such abolition or reduction of posi- 50 tions occurs, subject to the provisions of subdivision seven of section 51 eighty-five of this chapter; provided, however, that if any person so 52 employed and so transferred was employed on a permanent basis in such a 53 facility or such program prior to the thirtieth day of December, nine- 54 teen hundred sixty-seven, for purposes of this subdivision regarding 55 priority of retention and for no other purpose, the date of original 56 appointment of any such person shall be deemed to be the date suchS. 5291 3 1 permanent employment commenced prior to the said thirtieth day of Decem- 2 ber, nineteen hundred sixty-seven. 3 1-c. Notwithstanding the provisions of subdivision one of this 4 section, sworn employees of the Monroe county sheriff's department shall 5 be subject to the following procedure. Where, because of economy, 6 consolidation or abolition of function, curtailment of activities or 7 otherwise, positions in the competitive, noncompetitive or labor class 8 are abolished, or reduced in rank or salary grade, suspension or 9 demotion, as the case may be, among incumbents holding the same or simi- 10 lar positions in the same jurisdictional class shall be made in the 11 inverse order of original appointment on a permanent basis in the grade 12 or title in the service of the governmental jurisdiction in which such 13 abolition or reduction of positions occurs, subject to the provisions of 14 subdivision seven of section eighty-five of this chapter; provided, 15 however, that if any person so employed was employed in such person's 16 current title prior to the first day of April, nineteen hundred ninety- 17 three, for purposes of this subdivision regarding priority of retention 18 and for no other purpose, the date of original appointment of any such 19 person shall be deemed to be the date such employment commenced prior to 20 the said first day of April, nineteen hundred ninety-three. 21 1-d. Notwithstanding the provisions of subdivision one of this 22 section, the sworn members of the police force of the county of Nassau 23 shall be subject to the following procedure. Where, because of economy, 24 consolidation or abolition of functions, curtailment of activities or 25 otherwise, positions in the competitive, noncompetitive or labor class 26 are abolished or reduced in rank or salary grade, suspension or 27 demotion, as the case may be, among incumbents holding the same or simi- 28 lar positions in the same jurisdictional class shall be made in the 29 inverse order of original appointment on a permanent basis in the grade 30 or title in the service of the governmental jurisdiction in which such 31 abolition or reduction of positions occurs, subject to the provisions of 32 subdivision seven of section eighty-five of this chapter. Notwithstand- 33 ing the provisions of this subdivision, however, upon the abolition or 34 reduction of positions, those employees who have not completed their 35 probationary service shall be suspended or demoted, as the case may be, 36 before any permanent incumbents, and among such probationary employees 37 the order of suspension or demotion shall be determined as if such 38 employees were permanent incumbents. 39 2. Continuous service. Except as otherwise provided herein, for the 40 purposes of this section the original appointment of an incumbent shall 41 mean the date of his or her first appointment on a permanent basis in 42 the classified service followed by continuous service in the classified 43 service on a permanent basis up to the time of the abolition or 44 reduction of the competitive, noncompetitive or labor class positions. 45 An employee who has resigned and who has been reinstated or reappointed 46 in the service within one year thereafter shall, for the purposes of 47 this section, be deemed to have continuous service. An employee who has 48 been terminated because of a disability resulting from occupational 49 injury or disease as defined in the [workmen's] workers' compensation 50 law and who has been reinstated or reappointed in the service thereafter 51 shall be deemed to have continuous service. A period of employment on a 52 temporary or provisional basis, or in the unclassified service, imme- 53 diately preceded and followed by permanent service in the classified 54 service, shall not constitute an interruption of continuous service for 55 the purposes of this section; nor shall a period of leave of absence 56 without pay pursuant to law or the rules of the civil service commissionS. 5291 4 1 having jurisdiction, or any period during which an employee is suspended 2 from his or her position pursuant to this section, constitute an inter- 3 ruption of continuous service for the purposes of this section. 4 4. Units for suspension or demotion in civil divisions. Upon the abol- 5 ition or reduction of positions in the service of a civil division, 6 suspension or demotion shall be made from among employees holding the 7 same or similar positions in the same jurisdictional class in the entire 8 department or agency within which such abolition or reduction of posi- 9 tions occurs. In a city having a population of one million or more, the 10 municipal civil service commission may, by rule, designate as separate 11 units for suspension and demotion under the provisions of this section 12 any hospital or institution or any division of any department or agency 13 under its jurisdiction. Upon the abolition or reduction of positions in 14 such service, suspension or demotion, as the case may be, shall be made 15 from among employees holding the same or similar positions in the same 16 jurisdictional class in the department wherein such abolition or 17 reduction occurs, except that where such abolition or reduction occurs 18 in such hospital or institution or division of a department designated 19 as a separate unit for suspension or demotion, suspension or demotion 20 shall be made from among incumbents holding the same or similar posi- 21 tions in the same jurisdictional class in such separate unit. 22 5. Units for suspension or demotion in the state service. The presi- 23 dent may, by regulation, designate as separate units for suspension or 24 demotion under the provisions of this section any state hospital, insti- 25 tution or facility or any division of any state department or agency or 26 specified hospitals, institutions and facilities of a single state 27 department or agency within a particular geographic area as determined 28 by the president. Upon the abolition or reduction of positions in the 29 same jurisdictional class in the state service, suspension or demotion, 30 as the case may be, shall be made from among employees holding the same 31 or similar positions in the department wherein such abolition or 32 reduction occurs, except that where such abolition or reduction occurs 33 in a separate unit for suspension or demotion designated by regulation 34 of the president, suspension or demotion shall be made from among incum- 35 bents holding the same or similar positions in such separate unit. 36 6. Displacement in civil divisions. A permanent incumbent of a posi- 37 tion in a civil division in a specific title to which there is a direct 38 line of promotion who is suspended or displaced pursuant to this 39 section, together with all other such incumbents suspended or displaced 40 at the same time, shall displace, in the inverse order of the order of 41 suspension or demotion prescribed in subdivisions one and two of this 42 section, incumbents serving in positions in the same lay-off unit in the 43 next lower occupied title in direct line of promotion who shall be 44 displaced in the order of suspension or demotion prescribed in subdivi- 45 sions one and two of this section; provided, however, that no incumbent 46 shall displace any other incumbent having greater retention standing in 47 the same jurisdictional class. If a permanent incumbent of a position in 48 a civil division is suspended or displaced from a position in a title 49 for which there are no lower level occupied positions in direct line of 50 promotion, he or she shall displace the incumbent with the least 51 retention right pursuant to subdivisions one and two of this section who 52 is serving in a position in the title in which the displacing incumbent 53 last served on a permanent basis prior to service in one or more posi- 54 tions in the title from which he or she is suspended or displaced, if: 55 (1) the service of the displacing incumbent while in such former title 56 was satisfactory and (2) the position of the junior incumbent is in (a)S. 5291 5 1 the competitive, noncompetitive or labor class, (b) the layoff unit from 2 which the displacing incumbent was suspended or displaced, and (c) a 3 lower salary grade than the position from which the displacing incumbent 4 is suspended or displaced; provided, however, that no incumbent shall 5 displace any other incumbent having greater retention standing in the 6 same jurisdictional class. Refusal of appointment to a position afforded 7 by this subdivision constitutes waiver of rights under this subdivision 8 with respect to the suspension or displacement on account of which the 9 refused appointment is afforded. The municipal civil service commission 10 shall promulgate rules to implement this subdivision including rules 11 which may provide adjunctive opportunities for displacement either to 12 positions in direct line of promotion or to formerly held positions; 13 provided, however, that no such rule shall permit an incumbent to 14 displace any other incumbent having greater retention standing in the 15 same jurisdictional class. For the purpose of acquiring preferred list 16 rights, displacement pursuant to this subdivision is the equivalent of 17 suspension or demotion pursuant to subdivision one of this section. 18 7. Displacement in the state service. A permanent incumbent of a posi- 19 tion in the state service in a specific title to which there is a direct 20 line of promotion who is suspended or displaced pursuant to this 21 section, together with all other such incumbents suspended or displaced 22 at the same time, shall displace, in the inverse order of the order of 23 suspension or demotion prescribed in subdivisions one and two of this 24 section, incumbents serving in positions in the same layoff unit in the 25 next lower occupied title in direct line of promotion who shall be 26 displaced in the order of suspension or demotion prescribed in subdivi- 27 sions one and two of this section; provided, however, that no incumbent 28 shall displace any other incumbent having greater retention standing in 29 the same jurisdictional class. If a permanent incumbent of a position in 30 the state service is suspended or displaced from a position in a title 31 for which there are no lower level occupied positions in direct line of 32 promotion, he or she shall displace the incumbent with the least 33 retention right pursuant to subdivisions one and two of this section who 34 is serving in a position in the title in which the displacing incumbent 35 last served on a permanent basis prior to service in one or more posi- 36 tions in the title from which he or she is suspended or displaced, if: 37 (1) the service of the displacing incumbent while in such former title 38 was satisfactory and (2) the position of the junior incumbent is in (a) 39 the competitive, noncompetitive or labor class, (b) the layoff unit from 40 which the displacing incumbent was suspended or displaced, and (c) a 41 lower salary grade than the position from which the displacing incumbent 42 is suspended or displaced; provided, however, that no incumbent shall 43 displace any other incumbent having greater retention standing in the 44 same jurisdictional class. Refusal of appointment to a position afforded 45 by this subdivision constitutes waiver of rights under this subdivision 46 with respect to the suspension or displacement on account of which the 47 refused appointment is afforded. The state civil service commission 48 shall promulgate rules to implement this subdivision including rules 49 which may provide adjunctive opportunities for displacement either to 50 positions in direct line of promotion or to formerly held positions; 51 provided, however, that no such rule shall permit an incumbent to 52 displace any other incumbent having greater retention standing in the 53 same jurisdictional class. For the purpose of acquiring preferred list 54 rights, displacement pursuant to this subdivision is the equivalent of 55 suspension or demotion pursuant to subdivision one of this section.S. 5291 6 1 (1) Pursuant to such method of payment, such member shall pay, as 2 additional member contributions payable besides the ordinary member 3 contributions due for his or her current service: 4 (A) the ordinary member contributions which would have been done for 5 such period of suspension if he or she had actually been in service 6 during such period; and 7 (B) (if such member has elected the twenty-year retirement program 8 provided for by section six hundred four-a of the retirement and social 9 security law), the additional member contributions which he or she would 10 have been required to make under the provisions of that section for the 11 period from the starting date of such program to the date next preceding 12 the date on which such member became a participant in such retirement 13 program, if he or she had become such a participant on such starting 14 date; and 15 (C) additional member contributions of two per centum of his or her 16 compensation for the period beginning with the first full payroll period 17 which includes the date of enactment of this subdivision and ending on 18 the earlier of his or her date of retirement or his or her completion of 19 thirty years of service. 20 9. Certain suspensions or demotions in the city of Niagara Falls. 21 Notwithstanding the provisions of subdivision one of this section, the 22 members of a paid fire department in the city of Niagara Falls shall be 23 subject to the following procedure. Where, because of economy, consol- 24 idation or abolition of functions, curtailment of activities or other- 25 wise, positions in the competitive class are abolished or reduced in 26 rank or salary grade, suspension or demotion, as the case may be, among 27 incumbents holding the same or similar positions in the same jurisdic- 28 tional class shall be made in the inverse order of original appointment 29 on a permanent basis in the grade or title in the service of the govern- 30 mental jurisdiction in which such abolition or reduction of positions 31 occurs, subject to the provisions of subdivision seven of section eight- 32 y-five of this chapter. Notwithstanding the provisions of this subdivi- 33 sion, however, upon the abolition or reduction of positions in the 34 competitive, noncompetitive or labor class, incumbents holding the same 35 or similar positions in the same jurisdictional class who have not 36 completed their probationary service shall be suspended or demoted, as 37 the case may be, before any permanent incumbents, and among such proba- 38 tionary employees the order of suspension or demotion shall be deter- 39 mined as if such employees were permanent incumbents. 40 § 2. Section 80-a of the civil service law is REPEALED. 41 § 3. Subdivision 1 of section 81 of the civil service law, as amended 42 by chapter 152 of the laws of 2011, is amended to read as follows: 43 1. Establishment of preferred lists; general provisions. The head of 44 any department, office or institution in which an employee is suspended 45 or demoted in accordance with the provisions of [sections] section 46 eighty [and eighty-a] of this title shall, upon such suspension or 47 demotion, furnish the state civil service department or appropriate 48 municipal commission, as the case may be, a statement showing his name, 49 title or position, date of appointment, and the date of and reason for 50 suspension or demotion. It shall be the duty of such civil service 51 department or commission, as the case may be, forthwith to place the 52 name of such employee upon a preferred list, together with others who 53 may have been suspended or demoted from the same or similar positions in 54 the same jurisdictional class, and to certify such list, as hereinafter 55 provided, for filling vacancies in the same jurisdictional class; first, 56 in the same or similar position; second, in any position in a lowerS. 5291 7 1 grade in line of promotion; and third, in any comparable position. Such 2 preferred list shall be certified for filling a vacancy in any such 3 position before certification is made from any other list, including a 4 promotion eligible list, notwithstanding the fact that none of the 5 persons on such preferred list was suspended from or demoted in the 6 department or suspension and demotion unit in which such vacancy exists. 7 No other name shall be certified from any other list for any such posi- 8 tion until such preferred list is exhausted. The eligibility for rein- 9 statement of a person whose name appears on any such preferred list 10 shall not continue for a period longer than four years from the date of 11 separation or demotion. An employee whose name was placed on the 12 preferred list and at the time of such placement was on active duty with 13 the armed forces of the United States, as pursuant to title ten, four- 14 teen or thirty-two of the United States code, shall not be eligible for 15 employment reinstatement for a period longer than four years after the 16 date of termination of military duty. 17 § 4. Subdivisions 1 and 5 of section 81-a of the civil service law, 18 subdivision 1 as amended by chapter 140 of the laws of 1993 and subdivi- 19 sion 5 as added by chapter 239 of the laws of 1992, are amended to read 20 as follows: 21 1. Establishment of reemployment rosters in the state service; general 22 provisions. The head of any department, office or institution from which 23 an employee in the state service is to be suspended or demoted in 24 accordance with the provisions of section eighty [or eighty-a] of this 25 article, shall, at least twenty days prior to such suspension or 26 demotion, furnish the state civil service department with a statement 27 showing such employee's name, title or position, date of appointment, 28 and the date of and reason for suspension or demotion. Upon such employ- 29 ee's suspension or demotion, it shall be the duty of the department to 30 place the name of such employee upon a reemployment roster for filling 31 vacancies in any comparable position as determined by the department, 32 except that employees suspended or demoted from positions in the non- 33 competitive and labor classes may not be certified to fill vacancies in 34 the competitive class. Such reemployment roster shall be certified for 35 filling a vacancy in any such position before certification is made from 36 any other list, including a promotion eligible list, but not prior to a 37 preferred list. Eligibility for reinstatement of a person whose name 38 appears on any such reemployment roster shall not continue for a period 39 longer than four years from the date of suspension or demotion provided, 40 however, in no event shall eligibility for reinstatement from a reem- 41 ployment roster continue once the person is no longer eligible for rein- 42 statement from a preferred list. 43 5. Notwithstanding any other provision of this chapter, the department 44 may disqualify for reinstatement and remove from a reemployment roster 45 the name of any otherwise eligible person who, by reason of physical or 46 mental incapacity, is found to be unable to satisfactorily perform the 47 duties of the position for which such roster has been established, or 48 who has engaged in such misconduct as would warrant his or her dismissal 49 from public employment, except that a person who is not completely phys- 50 ically incapacitated and who is suspended or demoted pursuant to section 51 eighty [or eighty-a] of this article because his or her position has 52 been abolished or reduced, but who is certified for reinstatement to any 53 position having the same physical requirements as the position from 54 which such person was suspended or demoted, shall not be disqualified 55 because of his or her incapacity, unless upon medical examination his or 56 her incapacity has worsened to a degree that he or she would not be ableS. 5291 8 1 to satisfactorily perform in such position. No person shall be disquali- 2 fied pursuant to this subdivision unless he or she is first given a 3 written statement of the reasons therefor and an opportunity to be heard 4 at a hearing at which satisfactory proof of such reasons must be estab- 5 lished by appropriate evidence, and at which such person may present 6 independent evidence and be entitled to representation by counsel. The 7 department shall designate a person to hold such hearing and report 8 thereon. 9 § 5. Subdivision 1 of section 81-b of the civil service law, as 10 amended by chapter 140 of the laws of 1993, is amended to read as 11 follows: 12 1. Establishment of placement rosters in the state service; general 13 provisions. The head of any department, office or institution from 14 which an employee in the state service is to be suspended or demoted in 15 accordance with the provisions of section eighty [or eighty-a] of this 16 article, shall, no later than the date on which he or she furnishes the 17 state civil service department with the employee information required 18 pursuant to section eighty-one-a of this article for purposes of estab- 19 lishing reemployment rosters, furnish the state civil service department 20 with a statement showing such employee's name, title or position, date 21 of appointment, and the anticipated date of and reason for suspension or 22 demotion. Upon receiving such information, it shall be the duty of the 23 department forthwith to place the name of such employee upon a placement 24 roster for filling vacancies in the same title or in any comparable 25 position as determined by the department, except that employees 26 suspended or demoted from positions in the non-competitive and labor 27 classes may not be certified to fill vacancies in the competitive class. 28 Such placement roster shall be certified for filling a vacancy in any 29 such position before certification is made from any other list, includ- 30 ing a promotion eligible list, but not prior to a preferred list or a 31 reemployment roster. Eligibility for appointment of an employee whose 32 name appears on any such placement roster shall terminate at such time 33 as the employee is suspended or demoted in accordance with the 34 provisions of section eighty [or eighty-a] of this article. Upon such 35 employee's suspension or demotion, the department shall place the name 36 of such employee upon a preferred list, and a reemployment roster as 37 appropriate, in accordance with the provisions of sections eighty-one 38 and eighty-one-a of this article. 39 § 6. Subdivision 7 of section 85 of the civil service law, as amended 40 by chapter 532 of the laws of 1976, is amended to read as follows: 41 7. Preference in retention upon the abolition of positions. In the 42 event of the abolition or elimination of any position in the civil 43 service [for which eligible lists are established or any position the44incumbent of which is encompassed by section eighty-a of this chapter], 45 any suspension, demotion or displacement shall be made in the inverse 46 order of the date of original appointment in the service subject to the 47 following conditions: (1) blind employees shall be granted absolute 48 preference in retention; (2) the date of such original appointment for 49 disabled veterans shall be deemed to be sixty months earlier than the 50 actual date, determined in accordance with section thirty of the general 51 construction law; (3) the date of such original appointment for non-dis- 52 abled veterans shall be deemed to be thirty months earlier than the 53 actual date, determined in accordance with section thirty of the general 54 construction law; (4) no permanent competitive class employee subject to 55 the jurisdiction of the civil service commission of the city of New York 56 who receives an injury in the line of duty, as defined in this para-S. 5291 9 1 graph, which requires immediate hospitalization, and which is not 2 compensable through [workmen's] workers' compensation may be suspended, 3 demoted or displaced pursuant to section eighty of this chapter within 4 three months of the date of his confinement, provided that medical 5 authorities approved by such commission shall certify that the employee 6 is not able to perform the duties of his position; provided further, 7 that such three-month period may be extended by such commission for 8 additional periods not to exceed one year each upon the certification of 9 medical authorities selected by such commission that the employee is, as 10 a result of his injury, still not able to perform the duties of his 11 position. An injury in the line of duty, as used herein, shall be 12 construed to mean an injury which is incurred as a direct result of the 13 lawful performance of the duties of the position. In determining whether 14 an injury was received in the line of duty, such commission shall 15 require the head of the agency by which the employee is employed to 16 certify that the injury was received as a direct result of the lawful 17 performance of the employee's duties; and (5) the spouse of a veteran 18 with one hundred percent service connected disability shall be deemed to 19 be sixty months earlier than the actual date, determined in accordance 20 with section thirty of the general construction law, provided, the 21 spouse is domiciled with the veteran-spouse and is the head of the 22 household. This section shall not be construed as conferring any addi- 23 tional benefit upon such employee other than a preference in retention. 24 Such employee shall be subject to transfer upon the abolition of his 25 function within his agency or department. 26 § 7. Paragraph (a) of subdivision 3 of section 131 of the civil 27 service law, as amended by chapter 733 of the laws of 1979, is amended 28 to read as follows: 29 (a) If such an employee is demoted, or displaced to a position in a 30 lower grade pursuant to [sections] section eighty [or eighty-a] of this 31 chapter, or is appointed, transferred or reinstated to a position in a 32 lower grade, he shall, upon such demotion, displacement, appointment, 33 transfer, or reinstatement, receive the rate of compensation which 34 corresponds with the number of annual increments and the percentage 35 value of performance advances actually received in the salary grades 36 from which and to which he is demoted, displaced, appointed, transferred 37 or reinstated, as the case may be. 38 § 8. Paragraph (e) of subdivision 11 and paragraph (f) of subdivision 39 13 of section 3556 of the public authorities law, as added by chapter 5 40 of the laws of 1997, are amended to read as follows: 41 (e) Notwithstanding any other provision of this title, the corporation 42 may disqualify for reinstatement and remove from a reemployment roster 43 the name of any otherwise eligible person who, by reason of physical or 44 mental incapacity, is found to be unable to satisfactorily perform the 45 duties of the position for which such roster has been established, or 46 who has engaged in such misconduct as would warrant his or her dismissal 47 from public employment, except that a person who is not completely phys- 48 ically incapacitated and who is suspended or demoted pursuant to section 49 eighty [or eighty-a] of the civil service law because his or her posi- 50 tion has been abolished or reduced, but who is certified for rein- 51 statement to any position having the same physical requirements as the 52 position from which such person was suspended or demoted, shall not be 53 disqualified because of his or her incapacity, unless upon medical exam- 54 ination his or her incapacity has worsened to a degree that he or she 55 would not be able to satisfactorily perform in such position. No person 56 shall be disqualified pursuant to this subdivision unless he or she isS. 5291 10 1 first given a written statement of the reasons therefor and an opportu- 2 nity to be heard at a hearing at which satisfactory proof of such 3 reasons must be established by appropriate evidence, and at which such 4 person may present independent evidence and be entitled to represen- 5 tation by counsel. The corporation shall designate a person to hold such 6 hearing and report thereon. 7 (f) Eligibility for appointment of an employee whose name appears on a 8 redeployment list shall terminate at such time as the employee is rede- 9 ployed pursuant to the provisions of this section to a position in the 10 same salary grade as the position from which he or she has been 11 suspended or demoted, or has exercised his or her reemployment rights 12 pursuant to the provisions of section eighty-one or eighty-one-a of the 13 civil service law, provided, however, that eligibility for appointment 14 shall terminate no later than six months following the suspension or 15 demotion of such employee in accordance with the provisions of section 16 eighty [or eighty-a] of the civil service law. Upon such employee's 17 suspension or demotion, the corporation shall place the name of such 18 employee upon a preferred list, and a reemployment roster, as appropri- 19 ate, in accordance with the provisions of subdivision eight of this 20 section. 21 § 9. Subdivision 10-b of section 243 of the military law, as added by 22 chapter 152 of the laws of 2011, is amended to read as follows: 23 10-b. If a public employer consolidates, abolishes, displaces, or 24 demotes a position, in accordance with section eighty[, eighty-a] or 25 eighty-five of the civil service law, which is occupied by a public 26 employee currently on active duty with the armed forces of the United 27 States, as pursuant to title ten, fourteen or thirty-two of the United 28 States code, such employer shall comply with subdivisions eleven and 29 twelve of this section and, upon the termination of the public employ- 30 ee's active duty, as defined in title ten, fourteen or thirty-two of the 31 United States code, such public employer shall provide full re-employ- 32 ment rights warranted to such employee under the Federal Uniformed 33 Services Employment and Reemployment Rights Act of 1994, provided, 34 however, the right of re-employment under this subdivision does not 35 entitle such employee to displacement rights over any person with great- 36 er seniority. Such public employer shall not abolish any position or 37 positions solely based upon the fact that the position or positions are 38 currently filled by an individual or individuals engaged in military 39 duty. 40 § 10. Nothing in this act shall be construed to impede, infringe, or 41 diminish any rights or benefits relating to the suspension or demotion 42 upon the abolition or reduction of positions for employees in the non- 43 competitive class or the labor class which employees are afforded 44 through a bona fide collective bargaining agreement, or otherwise dimin- 45 ish the integrity of existing or future collective bargaining agreements 46 and other past practices. 47 § 11. This act shall take effect on the ninetieth day after it shall 48 have become a law.
