Section 86. Transfer of veterans or exempt volunteer firemen upon abolition of positions  


Latest version.
  • If the position in the non-competitive  or  in  the  labor  class  held  by  any honorably discharged veteran of the armed forces of
      the United States who served therein  in  time  of  war  as  defined  in
      section  eighty-five  of this chapter, or by an exempt volunteer fireman
      as defined in the general municipal law, shall become unnecessary or  be
      abolished  for reasons of economy or otherwise, the honorably discharged
      veteran or exempt volunteer fireman holding such position shall  not  be
      discharged from the public service but shall be transferred to a similar
      position   wherein   a  vacancy  exists,  and  shall  receive  the  same
      compensation therein.  It is hereby made the duty of all persons clothed
      with the power of appointment to make  such  transfer  effective.    The
      right  to  transfer  herein conferred shall continue for a period of one
      year following the date  of  abolition  of  the  position,  and  may  be
      exercised  only  where  a  vacancy  exists in an appropriate position to
      which transfer may be made at the time of demand for  transfer.    Where
      the  positions of more than one such veteran or exempt volunteer fireman
      are abolished and a lesser number  of  vacancies  in  similar  positions
      exist  to  which  transfer may be made, the veterans or exempt volunteer
      firemen whose positions are abolished shall be entitled to  transfer  to
      such  vacancies  in  the  order  of  their  original  appointment in the
      service.  Nothing in this section shall be construed  to  apply  to  the
      position  of  private  secretary,  cashier  or deputy of any official or
      department.    This  section  shall  have  no  application  to   persons
      encompassed by section eighty-a of this chapter.