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

1. Definition. As used in this  section, "killed in the line of duty" shall  mean  having  died  in  the
  performance  of  duty  as  the natural and proximate result of the World
  Trade Center attack on September eleventh, two thousand one  or  as  the
  natural  and proximate result of participation in the rescue effort that
  was conducted in response to such attack.
    2. Additional credit authorized. Additional credits shall  be  allowed
  siblings  of firefighters and police officers killed in the line of duty
  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, siblings 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 sibling has served.
    (b)  Such  additional credit shall be added to the final earned rating
  of such sibling, 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 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 sibling 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.
    4.  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 sibling, shall thereafter
  be entitled to any additional credit under this section as a sibling.
    (b) Where, at the time of  establishment  of  an  eligible  list,  the
  position of a sibling on such list has not been affected by the addition
  of  credits  granted under this section, the appointment of such sibling
  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 sibling 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  sibling  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.
    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 sibling has received  the  additional
  credit  granted  by  this  section,  such  sibling  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  sibling,  and
  transmitted to the department or the appropriate municipal civil service
  commission.
    6.   Roster.  The  department  and  each  municipal  commission  shall
  establish and maintain in its office  a  roster  of  all  such  siblings
  appointed  as  a result of additional credits granted by this section to
  positions under its jurisdiction. The appointment  of  a  sibling  as  a
  result  of  additional  credits  shall be void if such sibling, prior to
  such appointment, had been appointed as a result of  additional  credits
  granted by this section.