Section 80-A. Suspension or demotion upon the abolition or reduction of non-competitive class positions in the state service

1.  Suspension  or  demotion.  Where,  because  of  economy,  consolidation  or abolition of
  functions, curtailment of activities  or  otherwise,  positions  in  the
  non-competitive  class  of the state service are abolished or reduced in
  rank or salary grade, suspension or demotion, as the case may be,  among
  incumbents  having  tenure  protection  pursuant  to  paragraph  (c)  of
  subdivision one of section seventy-five of this chapter and holding  the
  same or similar positions shall be made in the inverse order of original
  appointment  on a permanent basis in the classified service of the state
  service, 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  the
  state  service  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 non-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   or
  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, in the state service 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  non-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. 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.
    5.  Displacement.  A  permanent  incumbent  having  tenure  protection
  pursuant  to paragraph (c) of subdivision one of section seventy-five of
  this chapter who served in a position  in  state  service  and  who  was
  suspended or displaced from such position pursuant to this section 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  non-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  was  afforded.  The state civil service commission
  shall promulgate rules to implement  this  subdivision  including  rules
  which  may provide adjunctive opportunities for displacement 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.