Section 85. Additional credit allowed veterans in competitive examinations; preference in retention upon abolition of positions

1. Definitions. (a)  The terms "veteran" and "non-disabled veteran"  mean  a  member  of  the
  armed forces of the United States who served therein in time of war, who
  was  honorably discharged or released under honorable circumstances from
  such service, who is a citizen of the United States or an alien lawfully
  admitted for permanent residence in the  United  States  and  who  is  a
  resident  of  the  state  of  New  York  at  the time of application for
  appointment or promotion or at the time of retention, as  the  case  may
  be.
    (b)  The  term  "disabled veteran" means a veteran who is certified by
  the United States veterans' administration or a military  department  as
  entitled  to  receive disability payments upon the certification of such
  veterans' administration or  a  military  department  for  a  disability
  incurred  by  him  in  time  of  war  and  in  existence  at the time of
  application for appointment or promotion or at the time of retention, as
  the case may be. Such disability shall be deemed to be in  existence  at
  the  time  of application for appointment or promotion or at the time of
  retention, as the case may be, if  the  certificate  of  such  veterans'
  administration  shall  state  affirmatively  that  such veteran has been
  examined by a medical officer of such veterans' administration on a date
  within one year of either the date of filing application for competitive
  examination for original appointment or promotion or  the  date  of  the
  establishment  of  the resulting eligible list or within one year of the
  time of retention, as the  case  may  be;  that  at  the  time  of  such
  examination  the  war-incurred  disability described in such certificate
  was found to exist; and that such disability is rated at ten per  centum
  or more. Such disability shall also be deemed to be in existence at such
  time  if  the  certificate  of such veterans' administration shall state
  affirmatively that a permanent stabilized condition of disability exists
  to an extent of ten per centum or more, notwithstanding  the  fact  that
  such  veteran  has  not  been  examined  by  a  medical  officer of such
  veterans'  administration  within  one  year  of  either  the  time   of
  application   for  appointment  or  promotion  or  the  date  of  filing
  application for competitive  examination  for  original  appointment  or
  promotion,  or within one year of the time of retention, as the case may
  be. The term "disabled veteran" shall also mean:
    (1) A veteran who served in world war I, who continued to serve in the
  armed forces of the United States after the eleventh  day  of  November,
  nineteen  hundred  eighteen,  and  who  is  certified,  as  hereinbefore
  provided, by the United States  veterans'  administration  as  receiving
  disability   payments   upon   the   certification   of  such  veterans'
  administration for a disability incurred by him in such  service  on  or
  before the second day of July, nineteen hundred twenty-one.
    (2)  A  veteran  who served in world war II, who continued to serve in
  the armed forces of the United States after the second day of September,
  nineteen hundred forty-five, or who was employed  by  the  War  Shipping
  Administration  or Office of Defense Transportation or their agents as a
  merchant  seaman  documented  by  the  United  States  Coast  Guard   or
  Department  of  Commerce,  or  as a civil servant employed by the United
  States Army Transport Service (later redesignated as the  United  States
  Army  Transportation  Corps, Water Division) or the Naval Transportation
  Service; and who served satisfactorily  as  a  crew  member  during  the
  period  of armed conflict, December seventh, nineteen hundred forty-one,
  to  August  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant
  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
  as  such terms are defined under federal law (46 USCA 10301&10501) and
  further to include "near foreign" voyages between the United States  and

  Canada,  Mexico,  or the West Indies via ocean routes, or public vessels
  in  oceangoing  service  or  foreign  waters  and  who  has  received  a
  Certificate  of  Release  or  Discharge from Active Duty and a discharge
  certificate,  or  an  Honorable  Service Certificate/Report of Casualty,
  from the Department of  Defense,  or  who  served  as  a  United  States
  civilian  employed  by  the  American  Field Service and served overseas
  under United States Armies and United States Army Groups in world war II
  during the period of armed conflict, December seventh, nineteen  hundred
  forty-one  through  May eighth, nineteen hundred forty-five, and who was
  discharged or released therefrom  under  honorable  conditions,  or  who
  served  as  a  United  States  civilian  Flight Crew and Aviation Ground
  Support  Employee  of  Pan  American  World  Airways  or  one   of   its
  subsidiaries  or  its  affiliates and served overseas as a result of Pan
  American's contract with Air Transport Command or  Naval  Air  Transport
  Service  during  the  period  of  armed  conflict,  December fourteenth,
  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
  forty-five, and who was discharged or released therefrom under honorable
  conditions,  and  who  is  certified,  as  hereinbefore provided, by the
  United States veterans' administration as receiving disability  payments
  upon the certification of such veterans' administration for a disability
  incurred  by him in such service on or before the date that world war II
  is declared terminated.
    (3) A veteran who served during hostilities  participated  in  by  the
  military  forces of the United States subsequent to June twenty-seventh,
  nineteen hundred fifty, and who continued to serve in the  armed  forces
  of  the  United  States  after the thirty-first day of January, nineteen
  hundred fifty-five, and who is certified, as hereinbefore  provided,  by
  the  United  States  veterans'  administration  as  receiving disability
  payments upon the certification of such veterans' administration  for  a
  disability incurred by him in such service.
    (c)  The  term  "time  of  war"  shall  include the following wars and
  hostilities for the periods and  based  upon  the  evidence  herein  set
  forth:
    (1)  World  war  I,  from  the  sixth  day  of April, nineteen hundred
  seventeen, to and including  the  eleventh  day  of  November,  nineteen
  hundred eighteen.
    (2)  World  war II, from the seventh day of December, nineteen hundred
  forty-one, to and including the thirty-first day of  December,  nineteen
  hundred forty-six.
    (3)  Hostilities  participated in by the military forces of the United
  States, from the twenty-seventh day of June, nineteen hundred fifty,  to
  and   including  the  thirty-first  day  of  January,  nineteen  hundred
  fifty-five.
    (4) Hostilities participated in by the military forces of  the  United
  States,  from  the  twenty-eighth  day  of  February,  nineteen  hundred
  sixty-one to the seventh day of May, nineteen hundred seventy-five.
    (5) Hostilities participated in by the military forces of  the  United
  States  in  Lebanon,  from  the  first  day  of  June,  nineteen hundred
  eighty-three  to  the  first   day   of   December,   nineteen   hundred
  eighty-seven,   as   established   by   receipt   of  the  armed  forces
  expeditionary medal, the navy expeditionary medal, or the  marine  corps
  expeditionary medal.
    (6)  Hostilities  participated in by the military forces of the United
  States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
  hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
  hundred eighty-three, as established by  receipt  of  the  armed  forces
  expeditionary  medal,  the navy expeditionary medal, or the marine corps
  expeditionary medal.

    (7) Hostilities participated in by the military forces of  the  United
  States  in  Panama, from the twentieth day of December, nineteen hundred
  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
  as established by receipt of the armed forces expeditionary  medal,  the
  navy expeditionary medal, or the marine corps expeditionary medal.
    (8)  Hostilities  participated in by the military forces of the United
  States in the Persian Gulf, from the  second  day  of  August,  nineteen
  hundred ninety to the end of such hostilities.
    (d)  The  term  "time  of  application  for  original  appointment  or
  promotion" shall mean the date of the establishment of an eligible  list
  resulting  from  a  competitive  examination for original appointment or
  promotion, as the case may be, which date shall be the date on which the
  term of such eligible list commences.
    (e) The term "time of retention" shall mean the time of  abolition  or
  elimination of positions.
    2.   Additional  credits  in  competitive  examinations  for  original
  appointment or promotion.
    (a) On all eligible lists resulting from competitive examinations, the
  names of eligibles shall be entered in the  order  of  their  respective
  final  earned ratings on examination, with the name of the eligible with
  the highest final earned rating at the  head  of  such  list,  provided,
  however, that for the purpose of determining final earned ratings,
    (1)  Disabled  veterans  shall  be  entitled  to  receive  ten  points
  additional in a competitive examination  for  original  appointment  and
  five   points   additional  credit  in  a  competitive  examination  for
  promotion, and
    (2) Non-disabled veterans shall be entitled  to  receive  five  points
  additional  credit in a competitive examination for original appointment
  and  two  and  one-half  points  additional  credit  in  a   competitive
  examination for promotion.
    (b)  Such  additional credit shall be added to the final earned rating
  of such disabled veteran or non-disabled veteran, as the  case  may  be,
  after  he  or she has qualified 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;
  establishment  of  eligible  list.  Any  candidate,  believing   himself
  entitled  to  additional credit in a competitive examination as provided
  herein, may make application for such  additional  credit  at  any  time
  between  the date of his application for examination and the date of the
  establishment of the resulting eligible list. Such candidates  shall  be
  allowed a period of not less than two months from the date of the filing
  of  his application for examination in which to establish by appropriate
  documentary proof his 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   or  promotion,  the  eligible  list  resulting  from  such
  examination may be established, notwithstanding the fact that a  veteran
  or  disabled veteran who has applied for additional credit has failed to
  establish his eligibility to receive such additional credit. A candidate
  who  fails  to  establish,  by  appropriate   documentary   proof,   his
  eligibility to receive additional credit by the time an eligible list is
  established  shall  not  thereafter be granted additional credit on such
  eligible list.
    4. Use of additional credit. (a) Except as herein otherwise  provided,
  no  person  who  has  received  a  permanent  original  appointment or a
  permanent promotion in the civil service of the state or of any city  or
  civil division thereof from an eligible list on which he was allowed the

  additional  credit  granted  by  this  section,  either  as a veteran or
  disabled veteran, shall thereafter be entitled to any additional  credit
  under this section either as a veteran or a disabled veteran.
    (b)  Where,  at  the  time  of  establishment of an eligible list, the
  position of a veteran or disabled veteran on  such  list  has  not  been
  affected  by  the  addition  of  credits granted under this section, the
  appointment or promotion of such veteran or  disabled  veteran,  as  the
  case  may  be,  from such eligible list shall not be deemed to have been
  made from an eligible list on which he was allowed the additional credit
  granted by this section.
    (c) If, at the time of appointment from an eligible list, a veteran or
  disabled veteran is in the same relative standing  among  the  eligibles
  who  are willing to accept appointment as if he had not been granted the
  additional credits provided by this section, his appointment from  among
  such  eligibles  shall  not be deemed to have been made from an eligible
  list on which he was allowed such additional credits.
    (d) Where a veteran or disabled veteran has been originally  appointed
  or  promoted  from  an  eligible list on which he was allowed additional
  credit, but such  appointment  or  promotion  is  thereafter  terminated
  either  at  the  end  of  the  probationary term or by resignation at or
  before the end of the probationary term, he shall not be deemed to  have
  been appointed or promoted, as the case may be, from an eligible list on
  which  he  was  allowed  additional  credit,  and  such  appointment  or
  promotion shall not affect his  eligibility  for  additional  credit  in
  other examinations.
    5.  Withdrawal  of  application;  election  to  relinquish  additional
  credit.    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  veteran  or  disabled  veteran  has
  received  the additional credit granted by this section, such veteran or
  disabled veteran may elect, prior to permanent original  appointment  or
  permanent  promotion,  to  relinquish  the additional credit theretofore
  granted to him and accept the lower position on such  eligible  list  to
  which  he  would  otherwise  have been entitled; provided, however, that
  such election shall thereafter be irrevocable. Such election shall be in
  writing and signed by the veteran or disabled veteran,  and  transmitted
  to the state civil service department or the appropriate municipal civil
  service commission.
    6.  Roster.  The  state  civil  service  department and each municipal
  commission shall establish and maintain in its office a  roster  of  all
  veterans  and  disabled  veterans  appointed  or promoted as a result of
  additional credits granted  by  this  section  to  positions  under  its
  jurisdiction.  The  appointment  or  promotion  of a veteran or disabled
  veteran as a result of additional credits shall be void if such  veteran
  or  disabled  veteran,  prior to such appointment or promotion, had been
  appointed or promoted as a result of additional credits granted by  this
  section.
    7.  Preference  in  retention  upon the abolition of positions. In the
  event of the abolition or elimination  of  any  position  in  the  civil
  service  for  which  eligible  lists are established or any position the
  incumbent of which is encompassed by section eighty-a of  this  chapter,
  any  suspension,  demotion  or displacement shall be made in the inverse
  order of the date of original appointment in the service subject to  the
  following  conditions:  (1)  blind  employees  shall be granted absolute
  preference in retention; (2) the date of such original  appointment  for
  disabled  veterans  shall  be deemed to be sixty months earlier than the

  actual date, determined in accordance with section thirty of the general
  construction  law;  (3)  the  date  of  such  original  appointment  for
  non-disabled  veterans  shall be deemed to be thirty months earlier than
  the  actual  date,  determined  in accordance with section thirty of the
  general construction law; (4) no permanent  competitive  class  employee
  subject  to the jurisdiction of the civil service commission of the city
  of New York who receives an injury in the line of duty,  as  defined  in
  this  paragraph,  which requires immediate hospitalization, and which is
  not compensable through workmen's compensation may be suspended, demoted
  or displaced pursuant to section eighty of  this  chapter  within  three
  months of the date of his confinement, provided that medical authorities
  approved  by such commission shall certify that the employee is not able
  to perform the duties of  his  position;  provided  further,  that  such
  three-month  period  may  be  extended by such commission for additional
  periods not to exceed one year each upon the  certification  of  medical
  authorities  selected  by  such  commission  that  the employee is, as a
  result of his injury, still not  able  to  perform  the  duties  of  his
  position.  An  injury  in  the  line  of  duty, as used herein, shall be
  construed to mean an injury which is incurred as a direct result of  the
  lawful performance of the duties of the position. In determining whether
  an  injury  was  received  in  the  line  of duty, such commission shall
  require the head of the agency by which  the  employee  is  employed  to
  certify  that  the  injury was received as a direct result of the lawful
  performance of the employee's duties; and (5) the spouse  of  a  veteran
  with one hundred percent service connected disability shall be deemed to
  be  sixty  months earlier than the actual date, determined in accordance
  with section thirty of  the  general  construction  law,  provided,  the
  spouse  is  domiciled  with  the  veteran-spouse  and is the head of the
  household. This  section  shall  not  be  construed  as  conferring  any
  additional  benefit  upon  such  employee  other  than  a  preference in
  retention. Such employee shall be subject to transfer upon the abolition
  of his function within his agency or department.
    7-a. For the purpose of subdivision seven of this section,  the  terms
  "date  of original appointment" and "date of original appointment in the
  service" shall mean, for persons subject to subdivisions one-a and one-c
  of section eighty of this chapter, the date of original appointment on a
  permanent basis in the grade or title in the service of the governmental
  jurisdiction in which such abolition or reduction occurs.
    8. Penalty for denial of preference in retention. A refusal  to  allow
  the  preference in retention provided for in this section to any veteran
  or disabled veteran, or a reduction  of  his  compensation  intended  to
  bring  about his resignation shall be deemed a misdemeanor, and any such
  veteran or disabled veteran shall have a right of action therefor in any
  court of competent jurisdiction for damages and for righting the wrong.