Section 85-A. Additional credits allowed children of firefighters and police officers killed in the line of duty  


Latest version.
  • 1. Additional credit authorized.  Additional credits shall be allowed children of firefighters and  police
      officers  killed  in  the  line  of  duty, as "child" in this section 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 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  has  served. For the purposes of this paragraph, a
      police officer or firefighter shall be deemed  to  have  "served"  in  a
      municipality  if he or she was employed by, or worked primarily in, that
      municipality.
        (b) Such additional credit shall be added to the final  earned  rating
      of  such child, 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.
        2.   Application   for   additional   credit;  proof  of  eligibility;
      establishment of eligible list.  Any  candidate,  believing  himself  or
      herself  entitled  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  candidates  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 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 additional 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
      thereof from an eligible list  on  which  he  or  she  was  allowed  the
      additional  credit  granted by this section as a child, shall thereafter
      be entitled to any additional credit under this section as a child.
        (b) Where, at the time of  establishment  of  an  eligible  list,  the
      position  of  a child on such list has not been affected by the addition
      of credits granted under this section, the  appointment  of  such  child
      from  such  eligible  list shall not be deemed to have been made from an
      eligible list on which he or  she  was  allowed  the  additional  credit
      granted by this section.
        (c)  If,  at the time of appointment from an eligible list, a child 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 appointment
      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 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
      probationary 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
      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 child  has  received  the  additional
      credit granted by this section, such child may elect, prior to permanent
      original  appointment,  to  relinquish the additional credit theretofore
      granted to him or her and except the lower  position  on  such  eligible
      list  to  which  he or she would otherwise have been entitled; provided,
      however, that  such  election  shall  thereafter  be  irrevocable.  Such
      election shall be in writing and signed by the child, and transmitted to
      the department or the appropriate municipal civil service commission.
        5.   Roster.  The  department  and  each  municipal  commission  shall
      establish and maintain in its office  a  roster  of  all  such  children
      appointed  as  a result of additional credits granted by this section to
      positions under its jurisdiction. The appointment of a child as a result
      of additional credits shall  be  void  if  such  child,  prior  to  such
      appointment,  had  been  appointed  as  a  result  of additional credits
      granted by this section.