Section 80. Suspension or demotion upon the abolition or reduction of positions  


Latest version.
  • 1.  Suspension  or  demotion.  Where,  because  of  economy,  consolidation  or  abolition  of functions, curtailment of activities or
      otherwise, positions in the competitive class are abolished  or  reduced
      in  rank  or  salary  grade, suspension or demotion, as the case may be,
      among incumbents holding the same or similar positions shall be made  in
      the  inverse  order  of original appointment on a permanent basis in the
      classified service in the service of the  governmental  jurisdiction  in
      which  such  abolition  or reduction of positions occurs, subject to the
      provisions of subdivision seven of section eighty-five of this  chapter;
      provided,  however,  that  the  date of original appointment of any such
      incumbent who was transferred to  such  governmental  jurisdiction  from
      another  governmental  jurisdiction upon the transfer of functions shall
      be the date  of  original  appointment  on  a  permanent  basis  in  the
      classified  service in the service of the governmental jurisdiction from
      which such transfer was made. Notwithstanding  the  provisions  of  this
      subdivision,  however,  upon  the abolition or reduction of positions in
      the competitive class, incumbents holding the same or similar  positions
      who  have not completed their probationary service shall be suspended or
      demoted, as the case may be, before any permanent incumbents, and  among
      such probationary employees the order of suspension or demotion shall be
      determined as if such employees were permanent incumbents.
        1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
      section, the members of a police or paid fire department in the city  of
      Buffalo  shall  be subject to the following procedure. Where, because of
      economy,  consolidation  or  abolition  of  functions,  curtailment   of
      activities   or  otherwise,  positions  in  the  competitive  class  are
      abolished or reduced in rank or salary grade, suspension or demotion, as
      the case may be, among incumbents holding the same or similar  positions
      shall  be  made  in  the  inverse  order  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 of  positions  occurs,
      subject to the provisions of subdivision seven of section eighty-five of
      this  chapter.    Notwithstanding  the  provisions  of this subdivision,
      however, upon the abolition or reduction of positions in the competitive
      class, incumbents holding the same or similar  positions  who  have  not
      completed  their  probationary service shall be suspended or demoted, as
      the case may  be,  before  any  permanent  incumbents,  and  among  such
      probationary  employees  the  order  of  suspension or demotion shall be
      determined as if such employees were permanent incumbents.
        1-b.  Notwithstanding  the  provisions  of  subdivision  one  of  this
      section,  employees  of  secure  detention facilities in the city of New
      York and of the alternatives to secure detention facilities  program  in
      such  city  who  are  performing  functions  which  were  assumed by the
      department of social services of the city of New York on the  tenth  day
      of  November, nineteen hundred seventy-one and who, upon such assumption
      were transferred to said department, shall be subject to  the  following
      procedure.  Where,  because  of  economy,  consolidation or abolition of
      function, curtailment of  activities  or  otherwise,  positions  in  the
      competitive  class  are  abolished,  or reduced in rank or salary grade,
      suspension or demotion, as the case may be, among incumbents holding the
      same or similar positions shall be made in the inverse order of original
      appointment on a permanent  basis  in  the  classified  service  in  the
      service  of  the  governmental  jurisdiction  in which such abolition or
      reduction of positions occurs, subject to the provisions of  subdivision
      seven of section eighty-five of this chapter; provided, however, that if
      any  person  so  employed and so transferred was employed on a permanent
      basis in such a facility or such program prior to the thirtieth  day  of
    
      December, nineteen hundred sixty-seven, for purposes of this subdivision
      regarding  priority  of  retention and for no other purpose, the date of
      original appointment of any such person shall be deemed to be  the  date
      such  permanent  employment commenced prior to the said thirtieth day of
      December, nineteen hundred sixty-seven.
        1-c.  Notwithstanding  the  provisions  of  subdivision  one  of  this
      section, sworn employees of the Monroe county sheriff's department shall
      be  subject  to  the  following  procedure.  Where,  because of economy,
      consolidation or abolition of function,  curtailment  of  activities  or
      otherwise,  positions in the competitive class are abolished, or reduced
      in rank or salary grade, suspension or demotion, as  the  case  may  be,
      among  incumbents holding the same or similar positions shall be made in
      the inverse order 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  of  positions  occurs,  subject  to  the
      provisions  of subdivision seven of section eighty-five of this chapter;
      provided, however, that if any person so employed was employed  in  such
      person's current title prior to the first day of April, nineteen hundred
      ninety-three,  for  purposes  of  this subdivision regarding priority of
      retention and for no other purpose, the date of original appointment  of
      any such person shall be deemed to be the date such employment commenced
      prior to the said first day of April, nineteen hundred ninety-three.
        1-d.  Notwithstanding  the  provisions  of  subdivision  one  of  this
      section, the sworn members of the police force of the county  of  Nassau
      shall  be subject to the following procedure. Where, because of economy,
      consolidation or abolition of functions, curtailment  of  activities  or
      otherwise,  positions  in the competitive class are abolished or reduced
      in rank or salary grade, suspension or demotion, as  the  case  may  be,
      among  incumbents holding the same or similar positions shall be made in
      the inverse order 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  of  positions  occurs,  subject  to  the
      provisions  of subdivision seven of section eighty-five of this chapter.
      Notwithstanding the provisions of this subdivision,  however,  upon  the
      abolition  or  reduction  of  positions,  those  employees  who have not
      completed their probationary service shall be suspended or  demoted,  as
      the  case  may  be,  before  any  permanent  incumbents,  and among such
      probationary employees the order of  suspension  or  demotion  shall  be
      determined as if such employees were permanent incumbents.
        2.  Continuous  service.  Except as otherwise provided herein, for the
      purposes of this section the original appointment of an incumbent  shall
      mean  the  date  of  his  first  appointment on a permanent basis in the
      classified service followed by  continuous  service  in  the  classified
      service  on  a  permanent  basis  up  to  the  time  of the abolition or
      reduction of the  competitive  class  positions.  An  employee  who  has
      resigned  and  who  has  been  reinstated  or reappointed in the service
      within one year thereafter shall, for the purposes of this  section,  be
      deemed  to  have continuous service. An employee who has been terminated
      because of a disability resulting from occupational injury or disease as
      defined in the workmen's compensation law and who has been reinstated or
      reappointed in the service thereafter shall be deemed to have continuous
      service. A period of employment on a temporary or provisional basis,  or
      in  the  unclassified  service,  immediately  preceded  and  followed by
      permanent service in the classified service,  shall  not  constitute  an
      interruption of continuous service for the purposes of this section; nor
      shall  a  period  of leave of absence without pay pursuant to law or the
      rules of the civil service commission having jurisdiction, or any period
      during which an employee is suspended from his position pursuant to this
    
      section, constitute  an  interruption  of  continuous  service  for  the
      purposes of this section.
        3.  Interrupted service. A state employee who has resigned and who has
      been reinstated or  reappointed  in  the  service  more  than  one  year
      thereafter  shall  be  credited with any previous state service rendered
      prior to his or her resignation to which  he  or  she  would  have  been
      entitled  for  the  purposes  of  this section but for such resignation;
      provided, however, that any time out  of  the  service  exceeding  three
      years shall be subtracted from the employee's previous state service. In
      such  instances, continuous service shall be deemed to have begun on the
      date which precedes the otherwise applicable date for  the  commencement
      of  continuous  service  by  the  period  of  actual  creditable service
      provided by this subdivision.
        4. Units for suspension or  demotion  in  civil  divisions.  Upon  the
      abolition  or reduction of positions in the service of a civil division,
      suspension or demotion shall be made from among  employees  holding  the
      same  or  similar  positions  in  the entire department or agency within
      which such abolition or reduction of positions occurs. In a city  having
      a  population  of  one  million  or  more,  the  municipal civil service
      commission may, by rule, designate as separate units for suspension  and
      demotion   under   the  provisions  of  this  section  any  hospital  or
      institution or any division  of  any  department  or  agency  under  its
      jurisdiction.  Upon  the  abolition  or  reduction  of positions in such
      service, suspension or demotion, as the case may be, shall be made  from
      among  employees holding the same or similar positions in the department
      wherein such abolition or  reduction  occurs,  except  that  where  such
      abolition  or  reduction  occurs  in  such  hospital  or  institution or
      division of a department designated as a separate unit for suspension or
      demotion, suspension or demotion shall be  made  from  among  incumbents
      holding the same or similar positions in such separate unit.
        4-a.  For  purposes of determining units for suspension or demotion in
      the city of Niagara Falls, the following three units shall be deemed  to
      constitute  departments  within  the meaning of subdivision three above:
      (i) members of the police department employed as auxiliary  policewomen,
      police  officers,  police  dispatchers  or  communications  technicians,
      police lieutenants, chief communications officer,  or  police  captains;
      (ii) members of the fire department employed as firefighters, fire alarm
      operators, fire captains, battalion fire chiefs or master mechanic-chief
      of  apparatus;  and  (iii)  all  other  employees of the city of Niagara
      Falls, in the competitive class.
        5. Units  for  suspension  or  demotion  in  the  state  service.  The
      president may, by regulation, designate as separate units for suspension
      or  demotion  under  the  provisions of this section any state hospital,
      institution or facility or any  division  of  any  state  department  or
      agency  or  specified hospitals, institutions and facilities of a single
      state department or  agency  within  a  particular  geographic  area  as
      determined  by  the  president.  Upon  the  abolition  or  reduction  of
      positions in the state service, suspension or demotion, as the case  may
      be,  shall  be  made  from  among  employees holding the same or similar
      positions in the department wherein such abolition or reduction  occurs,
      except  that where such abolition or reduction occurs in a separate unit
      for suspension or demotion designated by regulation  of  the  president,
      suspension  or  demotion shall be made from among incumbents holding the
      same or similar positions in such separate unit.
        6. Displacement  in  civil  divisions.  A  permanent  incumbent  of  a
      position  in  a  civil  division in a specific title to which there is a
      direct line of promotion who is suspended or displaced pursuant to  this
      section,  together with all other such incumbents suspended or displaced
    
      at the same time, shall displace, in the inverse order of the  order  of
      suspension  or  demotion  prescribed in subdivisions one and two of this
      section, incumbents serving in positions in the same lay-off unit in the
      next  lower  occupied  title  in  direct  line of promotion who shall be
      displaced  in  the  order  of  suspension  or  demotion  prescribed   in
      subdivisions  one  and  two  of this section; provided, however, that no
      incumbent shall displace any other incumbent  having  greater  retention
      standing.  If a permanent incumbent of a position in a civil division is
      suspended or displaced from a position in a title for which there are no
      lower level occupied positions in direct line  of  promotion,  he  shall
      displace  the  incumbent  with  the  least  retention  right pursuant to
      subdivisions one and two of this section who is serving in a position in
      the title in which the displacing incumbent last served on  a  permanent
      basis  prior to service in one or more positions in the title from which
      he is suspended or displaced, if: (1)  the  service  of  the  displacing
      incumbent  while  in  such  former  title  was  satisfactory and (2) the
      position of the junior incumbent is in (a) the  competitive  class,  (b)
      the  layoff  unit  from  which the displacing incumbent was suspended or
      displaced, and (c) a lower salary grade than the position from which the
      displacing incumbent is suspended or displaced; provided, however,  that
      no incumbent shall displace any other incumbent having greater retention
      standing.  Refusal  of  appointment  to  a  position  afforded  by  this
      subdivision constitutes waiver of rights  under  this  subdivision  with
      respect  to  the  suspension  or  displacement  on  account of which the
      refused appointment is afforded. The municipal civil service  commission
      shall  promulgate  rules  to  implement this subdivision including rules
      which may provide adjunctive opportunities for  displacement  either  to
      positions  in  direct  line  of promotion or to formerly held positions;
      provided, however, that no  such  rule  shall  permit  an  incumbent  to
      displace  any other incumbent having greater retention standing. For the
      purpose of acquiring preferred list  rights,  displacement  pursuant  to
      this subdivision is the equivalent of suspension or demotion pursuant to
      subdivision one of this section.
        7.  Displacement  in  the  state  service.  A permanent incumbent of a
      position in the state service in a specific title to which  there  is  a
      direct  line of promotion who is suspended or displaced pursuant to this
      section, together with all other such incumbents suspended or  displaced
      at  the  same time, shall displace, in the inverse order of the order of
      suspension or demotion prescribed in subdivisions one and  two  of  this
      section,  incumbents serving in positions in the same layoff unit in the
      next lower occupied title in direct  line  of  promotion  who  shall  be
      displaced   in  the  order  of  suspension  or  demotion  prescribed  in
      subdivisions one and two of this section;  provided,  however,  that  no
      incumbent  shall  displace  any other incumbent having greater retention
      standing. If a permanent incumbent of a position in the state service is
      suspended or displaced from a position in a title for which there are no
      lower level occupied positions in direct line  of  promotion,  he  shall
      displace  the  incumbent  with  the  least  retention  right pursuant to
      subdivisions one and two of this section who is serving in a position in
      the title in which the displacing incumbent last served on  a  permanent
      basis  prior to service in one or more positions in the title from which
      he is suspended or displaced, if: (1)  the  service  of  the  displacing
      incumbent  while  in  such  former  title  was  satisfactory and (2) the
      position of the junior incumbent is in (a) the  competitive  class,  (b)
      the  layoff  unit  from  which the displacing incumbent was suspended or
      displaced, and (c) a lower salary grade than the position from which the
      displacing incumbent is suspended or displaced; provided, however,  that
      no incumbent shall displace any other incumbent having greater retention
    
      standing.  Refusal  of  appointment  to  a  position  afforded  by  this
      subdivision constitutes waiver of rights  under  this  subdivision  with
      respect  to  the  suspension  or  displacement  on  account of which the
      refused  appointment  is  afforded.  The  state civil service commission
      shall promulgate rules to implement  this  subdivision  including  rules
      which  may  provide  adjunctive opportunities for displacement either to
      positions in direct line of promotion or  to  formerly  held  positions;
      provided,  however,  that  no  such  rule  shall  permit an incumbent to
      displace any other incumbent having greater retention standing. For  the
      purpose  of  acquiring  preferred  list rights, displacement pursuant to
      this subdivision is the equivalent of suspension or demotion pursuant to
      subdivision one of this section.
        7-a. Certain suspensions in cities of one million or more for  reasons
      of  economy.  (a) Notwithstanding the provisions of any other general or
      local law, administrative code or ordinance to the contrary,  in  cities
      having  a  population of one million or more, any of the uniformed force
      of the department of sanitation of such city who  was  suspended  on  or
      after  July  first, nineteen hundred ninety, because of economy measures
      taken by such city and who returns to such service, shall be  deemed  to
      have  been  in  continuous  service in determining length of service for
      retirement purposes if the duration of such suspension  did  not  exceed
      thirty-three  months; provided, however, that for retirement purposes, a
      member receiving such service credit shall pay, by deductions  from  his
      or  her  compensation  for each and every payroll period, subject to the
      member contributions prescribed by subparagraph two of paragraph (b)  of
      this subdivision.
        (b)  (1) Pursuant to such method of payment, such member shall pay, as
      additional member contributions  payable  besides  the  ordinary  member
      contributions due for his current service:
        (A)  the  ordinary member contributions which would have been done for
      such period of suspension if he or she  had  actually  been  in  service
      during such period; and
        (B)  (if  such  member  has elected the twenty-year retirement program
      provided for by section six hundred four-a of the retirement and  social
      security  law),  the additional member contributions which he would have
      been required to make under the  provisions  of  that  section  for  the
      period from the starting date of such program to the date next preceding
      the  date  on  which such member became a participant in such retirement
      program, if he had become such a participant on such starting date; and
        (C) additional member contributions of two per centum of  his  or  her
      compensation for the period beginning with the first full payroll period
      which  includes  the date of enactment of this subdivision and ending on
      the earlier of his or her date of retirement or his or her completion of
      thirty years of service.
        (2) The deduction for the additional contribution referred to in items
      (A) and (B) of subparagraph one of  this  paragraph  shall  be  made  in
      accordance  with such equitable method and over such equitable period of
      time as shall be prescribed by the executive director  of  the  affected
      retirement system with the approval of its board of trustees.
        (3)  The  additional  member  contributions referred to in item (A) of
      subparagraph one of this paragraph shall be  paid  into  the  retirement
      system's  member  contributions  accumulation  fund which is required to
      receive the ordinary member contributions of such member. The additional
      member contributions referred to in item (B) of such subparagraph  shall
      be  paid  into the contingent reserve fund of such retirement system and
      shall be subject to the provisions of such section six hundred four-a of
      the retirement and  social  security  law  governing  additional  member
      contributions.  The  additional member contributions referred to in item
    
      (C) of such subparagraph shall be paid into the contingent reserve  fund
      of  such  retirement  system  and shall not be subject to any retirement
      system right or privilege of such member, unless such right or privilege
      is  granted  by  other  provisions  of  law  which specifically refer to
      additional member contributions made pursuant to this subdivision.
        (4) At  any  time  prior  to  completion  of  the  deduction  for  the
      additional   contributions   referred   to  in  items  (A)  and  (B)  of
      subparagraph one of this paragraph, payment  of  the  remainder  of  the
      total  of  such  additional  contribution due may be made in a lump sum,
      provided further that such member shall pay into the contingent  reserve
      fund of the retirement system two percent of his or her earnings in each
      year  until  the  earlier of his or her date of retirement or his or her
      completion of thirty years of  service.  In  addition,  if  such  member
      elected to be covered by the provisions of section six hundred four-a of
      the  retirement  and  social security law, he or she shall also pay into
      such contingent reserve fund the  contributions  that  would  have  been
      required  had  he  or  she  made such election as of the starting of the
      twenty-year retirement program.
        7-b. Certain suspensions in cities of one million or more for  reasons
      of  economy.  (a) Notwithstanding the provisions of any other general or
      local law, administrative code or ordinance to the contrary,  in  cities
      having  a population of one million or more, any member of the uniformed
      force of the department of correction of such city who was suspended  on
      or  after  May  first,  two  thousand three, because of economy measures
      taken by such city and who returns to such service prior to July  first,
      two thousand four, shall be deemed to have been in continuous service in
      determining length of service for retirement purposes if the duration of
      such  suspension did not exceed thirteen months; provided, however, that
      for retirement purposes, a member receiving such  service  credit  shall
      pay,  by  deductions from his or her compensation, subject to the method
      prescribed by subparagraph two of paragraph (b) of this subdivision.
        (b)(1) Pursuant to such method of payment, such member shall  pay,  as
      additional  member  contributions  payable  besides  the ordinary member
      contributions due for his or her current service:
        (A) the ordinary member contributions which would have been  paid  for
      such  period  of  suspension  if  he or she had actually been in service
      during such period; and
        (B) if such member is covered by the  twenty-year  retirement  program
      provided for by section five hundred four-a of the retirement and social
      security  law, the additional member contributions which he or she would
      have been required to make under the provisions of that section for such
      period of suspension if he or she had actually been  in  service  during
      such period.
        (2)  The  deduction  for  the  additional contributions referred to in
      clauses (A) and (B) of subparagraph one of this paragraph shall be  paid
      in  accordance with such equitable method and over such equitable period
      of time as shall be prescribed by the executive director of the affected
      retirement system with the approval of its board of trustees.
        (3) The additional member contributions referred to in clause  (A)  of
      subparagraph  one  of  this  paragraph shall be paid into the retirement
      system's member contributions accumulation fund  which  is  required  to
      receive the ordinary member contributions of such member. The additional
      member  contributions  referred  to  in  clause (B) of such subparagraph
      shall be paid into the contingent reserve fund of such retirement system
      and shall be subject to the provisions  of  such  section  five  hundred
      four-a  of  the  retirement and social security law governing additional
      member contributions.
    
        (4) At  any  time  prior  to  completion  of  the  deduction  for  the
      additional   contributions  referred  to  in  clauses  (A)  and  (B)  of
      subparagraph one of this paragraph, payment  of  the  remainder  of  the
      total of such additional contributions due may be made in a lump sum. In
      addition,  if  such  member is covered by the provisions of section five
      hundred four-a of the retirement and social  security  law,  he  or  she
      shall also pay into the contingent reserve fund of the retirement system
      the contributions required to be made pursuant to such section.
        7-c.  Certain suspensions in cities of one million or more for reasons
      of economy. (a) Notwithstanding the provisions of any other  general  or
      local  law,  administrative code or ordinance to the contrary, in cities
      having a population of one million or more, any employee in the title of
      carpenter or supervisory carpenter of such city who was suspended on  or
      after  June  first,  nineteen  hundred  ninety-one  because  of  economy
      measures taken by such city and who returns to  such  service  prior  to
      July  first, nineteen hundred ninety-three, shall be deemed to have been
      in continuous service in determining length of  service  for  retirement
      purposes  if  the duration of such suspension did not exceed twenty-five
      months; provided,  however,  that  for  retirement  purposes,  a  member
      receiving  such  service credit shall pay, by deductions from his or her
      compensation, subject to the method prescribed by  subparagraph  two  of
      paragraph (b) of this subdivision.
        (b)(1)  Pursuant  to such method of payment, such member shall pay the
      ordinary member contributions due for his or her current  service  which
      would  have  been  paid  for  such period of suspension if he or she had
      actually been in service during such period.
        (2) The deduction for the  additional  contributions  referred  to  in
      subparagraph one of this paragraph shall be paid in accordance with such
      equitable  method  and  over  such  equitable period of time as shall be
      prescribed by the executive director of the affected  retirement  system
      with the approval of its board of trustees.
        (3)  The  additional  member contributions referred to in subparagraph
      one of this paragraph shall be paid into the retirement system's  member
      contributions  accumulation  fund  which  is  required  to  receive  the
      ordinary member contributions of such member.
        (4) At  any  time  prior  to  completion  of  the  deduction  for  the
      additional  contributions  referred  to  in  subparagraph  one  of  this
      paragraph, payment of the remainder of  the  total  of  such  additional
      contributions due may be made in a lump sum.
        7-d.  Certain suspensions in cities of one million or more for reasons
      of economy. (a) Notwithstanding the provisions of any other  general  or
      local  law,  administrative code or ordinance to the contrary, in cities
      having a population  of  one  million  or  more,  any  employee  of  the
      department  of parks of such city who had been employed as a climber and
      pruner who was suspended  on  or  after  July  first,  nineteen  hundred
      ninety-one,  because  of  economy  measures  taken  by such city and who
      returned  to  such  service  prior  to  July  first,  nineteen   hundred
      ninety-five,  shall  be  deemed  to  have  been in continuous service in
      determining length of service for retirement purposes if the duration of
      such suspension did not exceed twenty-five  months;  provided,  however,
      that  for  retirement  purposes,  a member receiving such service credit
      shall pay, by deductions from his or her compensation for each and every
      payroll period,  subject  to  the  member  contributions  prescribed  by
      subparagraph two of paragraph (b) of this subdivision.
        (b)  (1) Pursuant to such method of payment, such member shall pay, as
      additional member contributions  payable  besides  the  ordinary  member
      contributions due for his or her current service:
    
        (A)  the  ordinary member contributions which would have been paid for
      such period of suspension if he or she  had  actually  been  in  service
      during such period; and
        (B)  if  such member is covered by the optional twenty-five year early
      retirement program for certain New York city members provided by section
      six hundred four-c of the retirement and social security law,  as  added
      by  chapter  ninety-six of the laws of nineteen hundred ninety-five, the
      additional member contributions which he or she would have been required
      to make under  the  provisions  of  that  section  for  such  period  of
      suspension if he or she had actually been in service during such period.
        (2) The deduction for the additional contribution referred to in items
      (A)  and  (B)  of  subparagraph  one  of this paragraph shall be paid in
      accordance with such equitable method and over such equitable period  of
      time  as  shall  be prescribed by the executive director of the affected
      retirement system with the approval of its board of trustees.
        (3) The additional member contributions referred to  in  item  (A)  of
      subparagraph  one  of  this  paragraph shall be paid into the retirement
      system's member contributions accumulation fund  which  is  required  to
      receive the ordinary member contributions of such member. The additional
      member  contributions referred to in item (B) of such subparagraph shall
      be paid into the contingent reserve fund of such retirement  system  and
      shall  be subject to the provisions of section six hundred four-c of the
      retirement and social security law, as added by  chapter  ninety-six  of
      the  laws  of  nineteen hundred ninety-five, governing additional member
      contributions.
        (4) At  any  time  prior  to  completion  of  the  deduction  for  the
      additional   contributions   referred   to  in  items  (A)  and  (B)  of
      subparagraph one of this paragraph, payment  of  the  remainder  of  the
      total  of such additional contribution due may be made in a lump sum. In
      addition, if such member is covered by the  provisions  of  section  six
      hundred  four-c  of  the retirement and social security law, as added by
      chapter ninety-six of the laws of nineteen hundred  ninety-five,  he  or
      she  shall  also pay into such contingent reserve fund the contributions
      required to be made pursuant to this section.
        8. Certain suspensions in cities of one million or more for reasons of
      economy. Notwithstanding the provisions of any other  general  or  local
      law,  administrative code or ordinance, in cities having a population of
      one  million  or  more,  any  member  employed  in  the   uniformed   or
      non-uniformed  services  of such city who was suspended on or after July
      first, nineteen hundred seventy-five, because of economy measures  taken
      by  such  city, and who returns to such service, shall be deemed to have
      been in continuous  service  in  determining  seniority  and  length  of
      service  regardless  of  the  duration  of  such  suspension;  provided,
      however, that for retirement purposes, a member receiving  such  service
      credit  shall pay into the annuity savings fund of the retirement system
      the amount of the employee contributions required to have been paid into
      the retirement system for such  service,  within  one  year  after  this
      subdivision   shall   have  taken  effect.  For  the  purposes  of  this
      subdivision "uniformed services" shall mean and  include  any  uniformed
      force  or service the members of which are paid in whole or part by such
      city.
        9. Certain suspensions or demotions in  the  city  of  Niagara  Falls.
      Notwithstanding  the  provisions of subdivision one of this section, the
      members of a paid fire department in the city of Niagara Falls shall  be
      subject   to   the  following  procedure.  Where,  because  of  economy,
      consolidation or abolition of functions, curtailment  of  activities  or
      otherwise,  positions  in the competitive class are abolished or reduced
      in rank or salary grade, suspension or demotion, as  the  case  may  be,
    
      among  incumbents holding the same or similar positions shall be made in
      the inverse order 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  of  positions  occurs,  subject  to  the
      provisions of subdivision seven of section eighty-five of this  chapter.
      Notwithstanding  the  provisions  of this subdivision, however, upon the
      abolition or reduction of positions in the competitive class, incumbents
      holding the same or similar  positions  who  have  not  completed  their
      probationary  service shall be suspended or demoted, as the case may be,
      before any permanent incumbents, and among such  probationary  employees
      the  order  of  suspension  or  demotion  shall be determined as if such
      employees were permanent incumbents.